Perrysburg journal. (Perrysburg, Wood Co., O. [Ohio]) 186?-1965, 1873-02-28
President Grants Message .RslptIhg
to Affairs In Utah.
The President cent the followipe mes.

10 AHntrS In Utahs
The President sent the following mes.
sage to Congress on the 14th;
To the Senate and House Of Representatives;
! consider II my duty TO call The attention
OF Congress to the condition of affairs In
the Territory Of Utah, and to the dangers,
likely to arise II it. continues dnhug the
coming recess, from q. conflict between the
Federal and Territorial authorities, No dis.
eussion Is necessary In regard TO the general
of f he United 3 states md / only wiia now
to refer to so much Of that policy as con-
Germs their judicial affsirs aud the enforce.
msnt Of the laws within their borders. No
material differences are found in respect 10
theee matters In the organic acte of the
Territories, bat an examination Of them will
show It has been the invariRble policy Of Con-
gress TO place and keep 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 Congressional
enactment Sometimes the power given 10
the Territorial Legislature has been some
what larger, and sometmes ~ somewnSt
Never, however, have powers been given TO
Territorial Legislature inconsistent with
the idea that the general ludicature OF the
Territory was TO be under the direct super
NlblOn VI ING NJ
cordingly, the organic law creating the Ter
ritory Of Utah, passed September 9, 1859,
provided for the appointment Of Supreme
Court, the judges of which are Judges OF
the district courts, clerk, marshal, and
an attorney, and to these Federal officers
is confded the jurisdiction in all i'm.
portant matters. But as decided recently by
the Supreme Court, the act requires the ju.
rors to serve in these courts to be selected
in such a manner ss the Territorial Legisla-
Il AaaM r1a.auNa ahaT
ly been the desire Of Congress SO far as the
same might be compatible with the super
visory control of the Federal Government,
| to leave the minor details connected with the
| administration OF law TO regulation by local
authority, but such desire ought not to
govern when the effect will be, owing to the
| peculiar circumstances of the case, to pro-
duce a conflict between the Federal and Ter
ritorial authorities, or to impede the enforce
ment oflaw, or In any way TO endenger the
peace and good order of the Territory, Evi-
IDENTIFY it was. never intended TO intrust
the Territorial Legislature with power
which would enable 1t, by creating judica-
| lures of its own, or increasing the
jurisdiction Of courts appointed by Territor-
| ial authority although recognized by Con
grees, to take the administration of the law
out of the hands of the judges appointed by
the President, or to interfere with their
action. Several years of unhappy experience
makes 1t apparent that in both Of these re-
legislation by Congress. Public opinion In
that territory, produced by circumstances
too notorious to require further notice,
makes it necessary in my opinion, In order
to prevent the miscarriage Of justice and to
maintain the supremacy OF the laws OF the
United States and of the Federal Govern
ment, to provide that the selection OF grand
and petit Jurors for the district courts, II not
put under the control of the Federal ofhcefs,
shall be placed in the hands of persons en-
/ In, fv1dn danf NJ Nuh ~ n
termined not to enforce any act OF Congress
4 obnoxious to them, and also to pass some
act which shall deprive the probate courts,
or any court created by the Territorial Leg
islature, of any power to interfere with or
impede the action of the courts held by the
United States Judges. am convinced that
so long as Congress leaves the selection Of
jurors to the local authorities 1t will be futile
to make any effort to enforce laws not ac-
ceptablc 10 a majority of the people Of the
Territory, or which interfere with local pre-
judices, If they provide for the punishment
Of polygamy or any of its affiliated vices or
, crimes. presume that Congress, In passing
upon this subject, will provide all reasona-
BILE and proper safeguards to secure honest
and competent jurors, whose verdicts will
command confidence and be a guaranty of
equal protection to all good and law abiding
citizens, and at the same time make 1t under
o. stood that crime cannot be committed with
; impunity. / have before said, while the
generally contained uniform provisions in
respect to'the judiciary, yet Congress has
occasionally varied these provisions in minor
details, as the circumstances or the Terri
| tory affected seemed to demand. And In
creating the Territory of Utah, Congress evi.
| IDENTIFY thought that circumstances there
a might require judicial remedies not neces-
sary in other Territories; for by Bection
!, nine of the act creating that Territory 1t is
1 provided that a writ Of error may be brought
ha Anat0t Nf 0nu nj ~
v Supreme or District Courts of the Territory
. to the Supreme Court of the United States
y. upon writ of habeds corpus involving the
i question of personal freedom, provision
j except that creating the Territory of New
. Mexico. This extraordinary provision
shows that Congress intended to mould the
organic law to the peculiar necessities of the
Territory, and the legislation which is now
q recommended is in full harmony with the
a precedent thus established. -r...ssr..
i ana advised that the United States Courts
- In Utah have been greatly embarrassed by
: the action of the Territorial Legislatureir In
= comforting criminal Jurisdiction and the pow
er TO issue writs of habeGS corpus on the Pro
n bate Courts in the Territory, and by theil
consequent interference with the Administra
ton of Justice. Manifestly the Legislator,
y OF the Territory cannot give to any cour
n whatever the power to discharge by habed
O corpus persons held by or under process
k from the courts created by Congress-; bu
complaint is made that persons SO held hay,
been discharged in that way by the Probat,
Courts. l cannot doubt that Congress will
agree with me that such state of thing
ought not longer to be tolerated. and tina
no class Of persona anywhere should be, al
4, lowed to treat the laws of the United State
y with open defiance and contempt. Ap
prehensions are entertained that IL Con
% gress adjourns without any action upon thi
subject, turbulence and disorder will follow
2 rendering military Interference necessary,
= result should greatly dtprecate. In vie,
q Of this and other obvious considerations,
earnestly recommend that Congress, at tn
{ present session, pass some act which vii
9 enable tho District Courts of Utah to pre-
e ceed with independence and efficiency in tn
y administration Of law and justice '.."
III ..-.... 81. .... u f+ g.. III q QRArrr