Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-20
Presidents Message on Utah.
WAsHINGToN, Feb. II.

WAsHINGToN, Feb II.
The president sent the following mes
sage to Congress, to-day.
To the Senate and House of Represent
atives:
consider it my duty to call the at
tention of Congress to the consideration
of affairs in the territory of Utah and to
the dangers likely to ARISE, il it continues
during the coming recess, from threat
ened conflict between the Federal and
Territorial authorities. No discussion is
necessary in regard to the general policy
Of Congress respecting the territories of
the United States, and | only wish now
to refer to so much of that policy as
concerns the judicial affairs and the en-
forcement of law within their border
No material differences are found in re-
spect to these matters, in the organic
acts of the territories, but an eXamina-
ton of them will show that it has been
the invariable act of Congress to place
their civil and criminal jurisdiction,
with certain limited exceptions, in the
hands of persons nominated by the
President and confirmed by the Senate.
and that the general administration of
Justice should be as prescribed by Con-
gressional enactment. Sometimes the
mower given to territorial Legislatures
has been somewhat larger and some
times somewhat smaller than the powers
generally conferred. Never, however,
have these powers been given to terri
tOrial Legislature, inconsistent with the
idea that the general jurisdiction of the
territory was to be under the direct
supervision of the national government.
Accordingly the organic law, creating
the territory of Utah, passed September
9. 1850, provided for the appointment of
a Supreme Court-the Judges of which
are Judges of District Court--a clerk,
marshal and an attorney, and to these
federal officers is cOnfided jurisdiction
in all important matters. But as decid-
ed, recently, by the Supreme Court, the
act requires that the jurors to serve in
these Courts be elected in such a man.
ner as the territorial Legislature sees fit
to prescribe. 1t has, undoubtedly, been
the desire of Congress, so far as the
same might be compatible with the
supervisory control of the federal gov
eminent. to leave the minor details, con-
nected with the administration of law,
to the regulation of the local authority,
but such desire ought not to govern
/
the peculiar circumstances of a
case, to produce a conflict between
the federal and territorial authorities
or to impede the enforcement of law or
| in any way to endanger the peace and
good order the territory. Evidently it
was never intended to entrust the terri
torial legislature with power which
would enable it, by creating judicatures
of its own or increasing the jurisdictions
of the courts appointed by territorial
authority, although recognized by Con-
gress, to take the administration of law
out Of the hands of judges appointed by
the President, or to interfere with their
action. Several years of unhappy expert
asce make it apparent, in both these res
poets, that the territory of Utah requires
special legislation by Congress. Public
opinion in that territory, produced by
circumstances too notorious to require
further notice, makes it necessary, in
nv opinion, to prevent the miscarriage
of Justice to maintain the supremacy of
the laws of the United States and of the
federal government, to provide that the
selection of grand and petit jurors for
the district courts, If not put under con-
troll of the federal officers, shall be .plac-
ed into the hands of persons entirely In