The Fremont weekly journal. [volume] (Fremont, Sandusky County, Ohio) 1867-1877, 1873-12-05
DEPARTMENT. OF JUSTICE.


The affairs in Utah require your early and
special attention. The Supreme Court OF the
United States in the case Of Clinton ys. Engle-
BRIGHT, decided that the United States Mar
shal OF that Territory could not, laRfullv.sum-
mon jurors for the District Courts, and those
Courts hold that the Territorial Marshal faith
fully perform that duty because he is elected
by the Legislative ASSEMBLY and not appointed
as provided for in the act organizing the ter.
ritory. proceedings at law are practically
abolished by these decisions and there have
been but few, or no jury trials in the District
Courts OF that territory, since the last session
OF Congress; property Is left without protec-
ton by the courts, and crimes 90 unpunished
to prevent anarchy. It Is absolutely neoes-
sary that Congress provide the Courts with
some mode OF obtaining jurors. I recommend
legislation to that end, and also that the Pro-
bate Courts OF tine Territory now assume to
issue writs of injunction and babeas aornus
and to try criminal cases. and in all questions
as to land titles be denied all jurisdiction not
possessed ordinarily by Courts OF that descrip-
ton. L have become impressed with the be-
lief that the act approved March 81, 1867. en-
titled nm act to establish tn uniform system
OF bankruptcy throug gEout tha United States
IA productive of more injury than good. At
this time many considerations might be urged
for Its total repeal, bIt if this is not consider
cd advisable, | think If will not be seriously
questioned that those portions Of said act pro-
viding for what is called voluntary bankrupt
cy, operate to increase the financial embar-
rassment Of the country.
Careful and prudent men very often become
involved In debt in the Transaction OF their
business, and though they possess ample prop
erty, il it could be made available for that
purpose, to meet all their liabilities, vet, on
account of the extraordinary scarcity Of mon
ey they may be unable TO meet all their pe-
cuniarJ Obligations as they becoms due, in
of which they are liable to be
prostrated IN their business by proceedings in
bankruptcy at the instance Of creditors. The
people are now so easily alarmed as to none
tary natters that the mere fling Of an appi-
cation in bankruptcy by an unfriendly credi-
tor Will necessarily en- mharrass and oftentimes
accomplish the financial ruin Of q responsible |
business man. Those who otherwise might |
make lawful and Just arrangements to relieve !
themselves from the difficulties produced by |
the present stringency in money, are pre- |
vented by their constant exposure to attack |
and disappointment by proceedings against |
them IN bankruptcy, and besides the law is i
made use OF, IN many cases, by obdurats cred |
tors to frighten or force debtors into COM
ollance with their wishes and into acts of in
ustice to other creditors and to themselves.
recommend that so much of said act as pro-
7ides for involuntary bankruptcy on account
If the suspension of payment be repealed.
Your careful attention is invited TO the SUBJ
ect OF the claims against the Government.and
he facilities afforded by existing laws for
heir prosecution.
Each Of the Departments Of State, Treasury
md War, have demands for many millions OF
iollars upon their files, and they are RAPIDLY
there, and thers may be added
hose now pending before Congress, the Court
4 Claims aud the Southern Claims Commis-
ion, making In the aggregate an immense
um. Most OF these grow out OF the rebellion
nd are intended to indemnify persons on
10Th sides Tor their losses during the war, and
ot lew OF them are fabricated and supported
= false testimony. Projects are on foot, it Is {
elleved, to induce Congress 70 provide for
eW classes OF claims and TO revive old ones ! {
trough the repeal or modification OF the
tatute Of Limitation By which they ara now ]
AIRED. presume these schemes,if propossd. ! [
'ill be received with little favor By CONGRESS-. {
nd recommend that persons having claims c
gatnst the United States BY any tribunal or | I
apartment be required to present them az an !
ariy day, and that legislation be directed, as {
IT as practicable to the dsfeat Of the unfound I
l ana unjust demands upon the Government; I
Id should suggest as q means Of preventing Z
aud, that witnesses be called upon to appear g
person to testify before tribunals, having L
lch claims before them Tor adjudication,
robably the lar gest saving to the National c
reasuFy can be secured by timely legislation {
these subjects OF any economic measures u
at will be proposed. You viii be advised <
the operations Of the department OF Justice 2
: the report Of the Attorney General, aud II
vite your attention to the amendments OF 81
listing laws suggested by him with a view ol
reducing expenses Of that department of Fl
Q interior. Sc
The policy inaugurated toward the Indians
the beginning of the administration has
en- steadily pursued, and believe with bene- =
ial results. 1t viii bs continued with only
ch notifications as tins and experienee
y demonstrate as necessary with the en- 2
'achment OF civilization upon the Indian
ervRtion and hunting grounds. Disturban. y
have taken place betwesn the Indians and Z
ties during the past year, and probably
| continue to do SO until each racs apprsci- SCI
S that the other has rights which must be M
pected. Inc policy has been to collect ths @i
hans ss rapidly as p0slble on reservations,
as lar as practicable within what's known -
he Indian Territory, aud to teach thsn Ad
art of civilization and self support. When k7-
nd OFF their reservations aud endangeriug
lives OF whites, they have been punished,
viii continue TO be for like offences. Ths
ian Territory South Of Kansas and west Of a
.ansas, is sufficient in area and agricultural =
urcss to support all the Indians of the Y
ky Mountains, In time, no doubt, oil
o, except a few who may select their
les among white people, will be collected n.
q as preparatory step for this eonEunl- .