The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-04-17

| RECORD OF EnBlnnuS neutIuHIy anu VI Jul
losses thereby in the war of our rebellion. 1t
is our case against England, and it was pro-
vided for in the Alabama protocol of the treaty
with the rejection by the British Commits
sioners of our proposition to condense these in
direct damages into specific sum of money.
The declining of this proposition was grave
mistake, as we now see ; but after all those
happy family dinners of the Joint High Com
mission at Washington who could have
dreamed that the amiable Mr.. Fish would be
consenting party to the arraignment of
complying England in the American
case as perfdious neutral and
among nations no better than a pirate?
But the case has gone too far now to be re-
paired by timid craftsmanship at Washington
There is danger to the administration in first
captivating the public sentiment of the United
States by boldly disclosing the truth against
Englands one-sided neutrality, and then in
backing down under the pressure Of England's
protestations The only way of safety now to
the administration is to stand by the American
case; for, after ALL as against the case Of Eng
land, we only ask that which is fair and right
in asking that the appointed Court shall settle
the issue between the two great countries.
The Recent Important Decision Affect
ing the Federal Judiciary Of Utah.
During the past six months the Supreme
Court of the United States has had under con-
sideration the rulings of the federal judiciary
of Utah upon the manner Of empanelling
juries in that Territory On Monday the
decision of the Court was rendered and con-
troversy of score of years was ended.
Contrary to expectation, the Supreme Court
has decided that the Mormon manner of
empanelling juries in Utah is in accordance
with the organic act of Congress, and with
that decision the litigants in Utah, whatever
their objections, will have to rest contented,
for time at least A decision so important
is worthy of being perfectly and fully under
stood
The effect of the decision was, unhap-
ply too apparent in Salt Lake City yes
terday. The Mormon police commenced q
series of arrests, dragging one man through
the streets bareheaded and otherwise outraging
the feelings of the loyal inhabitants. Our
despatch states that the Gentiles, finding the
support of the federal authorities practically
Withdrawn, are arming, with the determine
ton of resisting to the last any further perse-
cution from the Church officials Whether
this will end in riot and bloodshed is matter
OF grave uncertainty.
At the organization of the Territory of Utah,
in 1850, through the very plant course pursued
by Willard Fillmore, the ajority of the fede-
raj offices was filled by Mormons. Brigham
Young was the Governor One of the Associ-
ate Justices was Mormon, and SO were also
the District Attorney and the Marshal 1t was
only after change of federal officers was
effected in 1854, that the difficulty of juris-
diction in the Courts became subject of
interest Brigham Young very naturally sought
the prolongation of his power as a Governor
and as a Prophet and discountenanced every
thing that indicated disposition to regard the
Federal authority in anything superior to his
own ipse diIit. During the session of o fede-
raj Court in 1854 three Of Brigham's chief
men entered the court room in Salt Lake
City, while Judge Stiles was holding Court, and
threatened to draw him off the bench unless
he ruled according to their wishes. From that
time to this the difficulty of jurisdiction in the
Courts of Utah has periodically troubled the
country.
The Hon. james b. Mexican, now the Chief
Justice of Utah, is not the cause of the present
controversy. He is but the inheritor of the
contention of two score years of trouble. The
decision of the Supreme Court at Washington
on the 18th inst. should, therefore, affect him
in nothing.
The first time that this point of legal ruling
was mooted was, singularly enough, during the
session of Court held by Judge Stiles, in
1854, and he himself Mormon and High
Priest among the Utah brethren. Almost every
federal Judge in that Territory from that time
to this has supported the position of Judge
Stiles and now, when the controversy had
reached the highest point of interest, the SUI
preme Court has rendered decision adverse to
| the rulings of the Utah federal Judiciary and
sustaining in point of fact that Brigham Young
and his compeers are hereafter to have juries
composed of their own brethren, who had
themselves been guilty of the same Offences to
try them for the transgression of the statutes
Of the Territory and for crimes of the blacklist
dye.
| On Monday evening, after the decision of
the Supreme Court was rendered, the Mormon
delegate and his friends held high carnival at
the capital, and telegraphed to the Prophet
that his bonds and imprisonment would soon
be at an end Unfortunately, however, for
them, the triumph will only be short-hved,
for, however much Chief Justice Chase may
cling to State rights, and therein acknowledge
the claims of Brigham Young in the Territory
of Utah, Congress will doubtless settle the
question more effectively
Anticipating the possibility of this decision,