Rock Island Argus. (Rock Island, Ill.) 1871-1872, 1872-08-22

nol;ov NJ tbe Administration toward the |
T.rr;,orv and that he (ShAfferl wanted both !
Grand and Petit Jurors selected by the Mar
shal. ana not by the means provided by the
,,atntea Of the Territory. de reasoned that
The law required these iuries from either
and taxpayers, aud as Mormons were in .
large majority, aud the county officers in
trusted with selecting and drawing them
we're all Mormons, mono but Mormon jury
could be obtained and il was useless to Try
persons charged with polygAmy before such
q jury. Judge Wilson said in reply that Con
gress had not provided any other mode Of
obtaining jurors. BY the organic act Of the
Territory the Legislature had a right to
legislAte upon all subjects Of Legislation not
inconsistent with the Constitution and the
organic act; that all laws passed by the
| Legislature were valid, unless disSpproved
| BY Congress. This Jury statute had stood
on the books for twenty years, and during
that time had not been questioned by Con
gress nor in the Courts; aud he felt oound
by this law, and iuries must be drawn unuer
il. With this Shatfsr was dissatisfied
And right here it is proper to observe tnn'
this question has since then been az uuieH-
tad nv the United States Supreme Court IN
wh;cb Chief Justice Chsss delivered the
y
,a.n;rons opipiou Of the Court, that the
-. .,.tr,s was as auy law Of Congress. 1t
al no rscollecied that Judge Mchefn, who
srceesded Judge Wilson, attempted to carry
ont his Administration policy, and accord
;,,Iv the Grand Juries selected by the
Marshal, in disregard Of this statute, indicted
a large number Of persons on vArlou'
offences, among whom were Brigham GUNS
and many prominent members of the Nor
mon Church, who were arrested and de
tanned in q military prison at Camp Douglas
near Salt Lake. Brigham and others ap
piled for writ Of hdbeds corpus, after the
forvoing decision was made, and were dis
charged from arrest on the ground that IN
indictments we're found by an Illegal Gram
Jury. And thus ended the farce, leaviu
everything as il stood when Wilson wa
superceded, and fully sustaining hi
opinions.
II NAV be proper to observe that Judg
Mexican, carving out the Presidential pol
CIV. incurred OF applicants for naturalization
thew being on oath, il they lcere Mormon
and If hey bsiieUet in poiygamy and,
u one instance, perhaps more, refused I
\, grant naturalization papers TO one who n
4 fused 70 unsver bis impairment questions.
Is There does NOT seem 70 uNFo lieOh SNf ~
re souul quarrel between the Governor and q
". Judge. or difference OF opinion on any 9th
~ question.
al After Mr.. Hawley's admissions, vhic
e. were very reluctantly drawn from hit
aud iu view Of the facts above stated,
will no. look well for him, or any one eIs
to say Judge Eustace was conttadicted
one 1ho knows Aud now, II Mr.. Samn
II. were to say tbs, the President was not ed
Gated for os experienced IN law, snd tibet
Of fore no lawyer, would the Presidential pat
Id, reply by saying he fought battles and &c
it'll leather, TO prove he was a profound luri'
is and, if they dbl, would not the argument
as sound as the same one they use 10 pre-
he 10 a statesman? There are men UNIV
enough TO believe that the solitary vote
10, gave for Buchanan would not qualify
~. any better for a statesman than SUM
~ neighbor before justice would make 60
m. Judge Of Jaw Of him.
~ was present and heard Wilson's a
- HGwley's explanations. Very respectful
w. LEyI NORTH.