Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-02-21
\ MORMON JURISPRUDENCE.

Messrs EDIToRs: notice in q New York paper of the
10Th instant copied from the Deseret Ne~s "a Mormon
newspaper printed Salt Lake City, report Of the
trial of Howard Egan for the murder of James Monroe
before his honor Mr. Associate Justice Snow Ia Mormon
which is calculated to the attention of the public
The prosecution conducted by Seth NJ Blair, ESQ.,
United States District Attorney, who by the way, up
the time of the trial, had been employed by and had
acted counsel for the prisoner. Elder Geo A. Smith
conducted the Defence and urged among other argu-
ments in behalf Of his client that he had acted in
cordance with . Mountain law" the principle of which
is that the who seduces his neighbours wife
die and his nearest relative kill him " that if Egan
did kill Monroe, it done according to the establish
ed principles Of justice known among them; that he
committed the act I" in the of the Lord" &C.
The arguments being closed, his honor Judge Snow
proceeded to charge the jury He instructed them that
their first inquiry would be- whether Monroe dead
and If they found in the affirmative, and that he
his death by unlawful violence they would then inquire
whether the had been committed by the prisoner
Egan? If they decided this point in the affirmative also,
then it would become important inquire the place
in which the murder had been committed; and the
port proceeds:
This would not in most cases affect the general re-
suit provided the crime be committed within the iuris
dcton of the Court trying the accused The maeriaty
in this arises in consequence of the peculiar relation
ship the United States Courts with the Courts of the
several States and Territories The jurisdiction of the
United States Courts is separate and distinct from the
jurisdiction of the State Courts But in the Territories
the judges sit in matters arising out of the const
tuition and laws Of the United States well the laws
Of their respective Territories This has been the
most difficult part of the The Territorial Courts
being of mixed jurisdiction, partly national and partly
local in their organization it becomes important to keep
in view these tive Jurisdictions. When sitting Court
of the United States must try criminals by the laws
of the United States, and not by the Territorial laws
we must look them for authority to punish viola
of the law. When sitting Territorial Courts
must try criminals by the laws of the Territory and look
n than far aut To he laws Of he
United States do not authorize punish in like
the present, we are sitting United States
Court the defendant for this is entitled to vr
dict Of not guilty The United States have no right to
pass law to punish criminals except in those which
are authorized by the constitution These may be said
be national in their character and to extend to all
places under the sole and exclusive jurisdiction Of the
United States but they do not extend to those places
within the United States where there existing State
Territorial jurisdiction unless they to protect its
necessary internal authorities hch protecting its pos
tai arrangements its laws its courts and officers
and the like cases. Y = The United States when
il established the Territorial Governments giving them
the right of legislation, created jurisdiction within its
jurisdiction but subject to is supervisory controls
therefore it has not the sole and exclusive jurisdiction
within the limits of the existing Territories BY the Sd
section Of the oct of Congress, approved April 3d. $780,
chapter g. it is enacted that If aiy person persons
shall, within any fort arsenal dock yard, magazine,
any other place district Of country under the sole and
exclusive jurisdiction of the United States commit the
crime of wifu murder such person or persons being
conVicted, shall deathi see TINS
law the crime be committed within the places
which the United States have the sole exclusive urs
dction You will look the evidence aven you in Court
for the facts Of the II you find M crime any has
been committed committed ,otlta thai ernt Of country
bereea This and the Missouri ricer, ichich The United
States hare the sole and ercispe jurisdiction your perdct
must b GUILTY. II you do find the %tme have been
committed there, TERRITORY aF UTAH, the de-
fndd for that reason entitled perdct6 GUILTY"
is hardly necessary remark that tie prisoner
promptly acquitted by the jury.
To mind untutored in the logic Of law Messrs Edi-
tors this charge of the learned Judge seems establish
at least two very important facts to wit Fist that muir
der is legal act within the limits Of the Territory of
Utah and, second that the courts and ries Of that
Territory have ample jurisdiction underlined ex-
tent of country whom the limits of the Territory While
reading this extraordinary charge II should he borne in
mind that the act organizing the Territory Congress
in express terms extended II the common law, and
clothed the judges and courts with full jurisdiction