The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1873-02-17
STIRRING UP THE SAINTS.

SIlRRlNU UP IHE SAlNlN.
PRESIDENT GRANT ON THE MORMON
QUESTION.
Message of the Decentralization OF
Affairs In Utah-Terrltorini Policy OF
the Government-Recom
to Congress, &c.
The President sent the following message
to Congress on Friday last:
To the Senate and House Of Representatives
consider 1t my duty to call The attention OF
Congress To the condition Of affairs In the
Territory of Ueh, and TO the dangers likely TO
srise II It continues during the coming recess,
from threatened conflict between the Fede-
raj and Territorial authorities. No discussion
is necessary in regard to the general policy
of Congress respecting the Territories OIL tho
United States, and only wish now TO refer 10
so much of that policy as concerns their judi
cial affairs, and the enforcement Of order
within their borders.
No material differences are found In respect
to these matters In the organic acts oil the
Territories. but an examination OF them will
show that it has been the invarable policy oil
Congress to place and keep their civil and
criminal Jurisdiction, with certain limited eX-
ceplions, In the hands OF persons nominated
by the President and confirmed by the Senate,
and that the general admlnistratlon OF justlce
should be as prescribed by Congressional en-
actment. Sometimes the power given TO the
Territorial Legislatures has been somewhat
larger and sometimes somewhat smaller than
the powers generally conferred. Never, how:
ever, have powers been given to Territorial
Legislature Inconsistent with the idea taat
the general judlcalure of the Territory was
TO be under the direct supervision OF the Ma.
tional Government.
Accordingly the organic law creating the
Territory OF Utah, passed September 9Th, 1861,
provided for the appointment OF supreme
court, the judges of which are the judges OF
the district courts, clerk, marshal and an
attorney, 6ud to these Federal officers Ia con-
hded Jurisdiction 10 all important matters;
but, as decided recently by the Supreme
Court, the act requires the jurors to serve In
these courts to be selected In such manner as
the Territorial Legislature sees 6t TO prescribe.
II has undoubtedly been the desire OF Con-
gress, 30 far as the same might be compatible
with the supervisory control OF the Federal
Government, 10 leave The minor details con
nected with the administration Of law 10 reg
uation by local authority; but snch desire
ought not to govern, when the effect will be.
owing to the peculiar circumstances Of the
case, to produce conflict between The Fede-
raj and the Territorial authorities, or to I'M
pede the enforcement OF law, or IN any way
to endanger the peace and good order OF the
Territory.
Evidently 1t never was Intended to entrust
the Territorial Legislature with power which
would enable 1t, by creating judicatures of its
own. or Increasing the Jurisdiction of courts
appointed by Territorial authority, although
recognized BY Congress, to take the adminie-
tratlOp of law out of the hands OF the judges
appointed BY the President, or 10 Interfere
with their action.
Several years OF unhappy experience make
It apparent that in both these respects the
Territory of Utah requires special legislation
Pubic opinion in that Territory, produced
nv circumstances too notorious to require
further notice, makes 1t necessary, IN my
opinion, In order 10 prevent the miscarriage
OF Justice and TO maintain the supremacy oil
the laws of the United States and OF the
Federal Government, TO provide that the selec.
ton of grand Snd petit Jurors for lne dlstrlc!
courts, II not put under the control OF Federal
officers, shall be placed In the hands of per.
sons entirely Independent of those who are
determined not to enforce any act OF Con
press obnoxious 10 them, and also To pass
some act which shall deprive the probate
courts or any court created by the Territorial
Legislature OF any power 10 Interfere With OF
Impede the action of the courts held by the
United States judges.
I am convinced that 30 long as Congress
leaves the selection OF jurors to the local au.
thorites IL will be futile to make any effort tc
enforce laws not acceptable to the majorlty oil
the people Of the Territory, or which Inter-
feres with local prejudices or provides for the
punishment OF polygamy or any OF its afdll-
ated vices or crimes.
/ presume that Congress 10 passing upon
this subject will provide all reasonable and
proper safeguards to secure honest aud i'm.
partial Jurors, whose verdlcts will command
confidence, and be q guaranty of equal pro.
tection TO all good and law-abldlng citizens
and at the same time make 1t understood thai
crime cannot be commltted with impunlly.
have before said that while the laws Gre
sling the several Territories have generally
contained uniform provisions In respect oil The
Judiciary, yet Cong :ess has occasionally varied
these provisions in minor details, es the cir.
cumstances of the Territoy affected seem &c
demand, aud In creating the Territory ol
Utah Congress evidently thought that circum
stances there might require judicial remedies
not necessary In other territories, tor by sec
lion nine Of the act creating that Territory II
Is provided thai q writ or error may De
brought from the decision OF any lnase Oh lae
Supreme or District Courts oil the Territory tc
the Supreme Court OF the United States upon
any writ of nabeas corpus, Involving the ques
tion of personal lreedOm-a provision never
inserted in any other Territorial act except
that creating the Territory OF New Mexico.
This extraordinary action shows that Con
gress Intended TO mould the organic law 10 the
peculiar necessities OF The Territory, and Inc
legislation which now recommend ls 10 iul
harmony with the precedent Thus established.
am advised that United States courts 10
ULah have been greatly embarrassed 0y the
action OF the Territorial Legislature In con-
ferrlng criminal jurisdiction and the power to
issue writs of hsDeas corpus on probate courts
In the Territory, and by their consequent In
terfereuce with the administration OF justice
Maniestly tue Legislature oil the Territory
cannot give to any court whatever the power
to discharge, by habeas corpus, persons held
by or under process from the courts created
by Congress, but complaint Ia made that per
sons 40 held have been discharged IN that way
by the probate courts.
I cannot doubt that Congress Will agree
with me that such O state OF things ought no,
longer 10 be tolerated, and that no class ol
persons anywhere should be allowed TO trea
the laws of the United States with open de-
flance and contempt.
Apprehenslons are entertained that, II Con
press adjourns without any action upon this
subject, turbulence and disorder will follow
rendering military interference necessary
result | should greatly deprecate; and, in view
of this and other obvious considerations,
earnestly recommend that Congress, at tht
present session, pass some act which VII
enable the District Courts OF Utah TO proceed
with independence and efficiency 10 the ad
mi iniatraIlon of law and Justice.