Sioux City register. [volume] (Sioux City, Iowa) 1858-1871, 1862-11-15
coNTROyERsIAL.

Saturday, 9th inst, the Sioux City Register
of the lst Nov, with communication
from the Editor, subscribed PR
Among the matters communicated, my
attention vas arrested by a statement, ap
parently serious, in the following terms
"The case before The Court of chief i'm. "
"portance and most general interest, was
THAT of the United States Us. L. Marslin,
indicted for attempting to introduce
liquor upon the Yankton Reserve. We
"must confess that to us there was some
"new and strange practice in the trial Of
"tbis case. Es1-T &
"In empaneling the jury the defendant
"was not allowed any challenges for
cause-was refused the rigb Of asking
"persons If they had formed or expressed
IAN opinion as to the guilt or innocence
"of the defendant. The Territorial laws
gave defendant eight peremptory chal-
"lenges He was however permitted but
"two. The Court thought it not advisa-
"ble to follow the Territorial law upon
1.-The subject, and among other reasons
urged and decided that the Territorial
claws are not in force-that they are of
"no effect or validity until ratified and
adopted by Congressional Congress is
1.-The legisla,ing power for the Territories
| "This is the first time we have heard
" such an opinion from the Bench, and
" therefore give it as matter of public
" interest and Importance IF this doc
" trine is correct it etfectually disposes of
" our popular sovereignty notions. and
"should inaugura'e a new Territorial pol
"icy. 1t is POOR economy to spend thous
lands of dollars upon Territorial Legis-
a" iatures If their laws are utilities"
1t would be difficult to ina CINE, in equal
space, a larger amount OF confusion of
ideas or distortions of facts than is real.
ICED in the foregoing paragraphs. I do
not affect Indifference to the implications
Of waywardness or ignorance in the Court,
referred to, which they involve nor do
complain Of such structures, while have
the privilege of explaining, through the
same or an equal channel O! public intel,
ligence. a.. 49,,
The trial Of the case, when reported,
VIII ''iu'Cite the ne" anu StIahge pTac
tice, which has challenged the wonder of
the Editor, who Professionally took so
large q part in it; while affording only
current news to those who have had more
experienced observation Of United States
Courts and Courts generally. When the
Editor shall have familiarized himself with
the institutions, in States and Territories,
he will be relieved Of much Of his present
surprise.
His special complaint is, that bis client
was not allowed any cha ilenges for
cause was refused the right of asking
persons if they had formed or expressed
an opinion as to his guilt or innocence
ain empannelling the jury"
! l take it fer granted that the Editor
himself. on full consideration, would not
have one applicable rule in common to
misdemeanors and capital cases.
He says further, that the Territorial
laws gave his client Eight peremptory
challenges, while the new and strange
practice" permitted but two
now offer to Mr. Robb the consolation
Of my own present impression, that he
will survive, without detriment to his moral
sensibilities, the corrosion of this new
and strange practice whenever he shall
complete his protected education in U. S
Courts
When be shall become actually familiar
with the new and strange practice of
these Courts, he will see, that they are
institutions, ia design and in effect, not
alien Or hostile to States aud Territories,
! out essentially domestic and traternai, as
conseryators Of social order therein. All
the consideration they ask and ell the
! power they apply is charged with their
own large allotment of judicial alministra-
ton, that they have Tie correlative author
ity, as conferred BY Congress, to establish
! reasonable rules for their own government
as nearly conform able, as convenient, to
local usage ard law, bnt yet not so obedi-
emily restricted thereun,o, as to impair
their utility as a responsible judicature
responsible to the States aud Territory,
because responsible to the law of the
Union. congratulate Mr. Robb on the
pleasure ye. in store for him at Dubuque
or elsewhere, when be is grown familiar
with the new and strange practice, OF
such anomalous institutions.
Quite seriously do now aver, that !
never did urge and decide" that the
Territorial laws are not IN force" or,
that they are of no effect or validity
until ratified and adopted by Congress"
l have never yet been challenged TO
such issue. never had occasion, thus 10
decide" Most certainly suchissue never
arose in the new and strange practice"
to which be refers And Mr.. X. himself,
couldnot arrogate the professional function