Lamoille newsdealer. [volume] (Hyde Park, Vt.) 1860-1877, 1873-02-19
The MOTmGn Question.


The President sent the following mes
sage to Congress Oh Friday,:-
To The Senate and Honse Of RepresepI
tatires: | consider it ny nuty to call tn,
attention Of Congress TO the condition C
affairs in the territory Of Utah, aud TO tn
dangers likely to arise, if it continues du
ring the coming recess, from ihrcutene,
conflict between the federal aud terrilori
al authorities No decision is ucccssur,
in regar! TO the general policy OF Congres
respecting the territories of the Unnr,
States, and ! only wish now 10 refer to :,
much OF The policy as concerns their judi
cal affairs, and the enforcement Of III,
laws within its borders No material diff
ferenccs are found in respect to these mat
tcrs in the organic acts of terri cries. bu
an examination Of them will show that i
has been the inylriable policy OF Congress,
to place and keep their civil and crimina
jurisdiction. with certain limited cxcep.
tons, in the hands of persons nominated
by the president and confirmed by the
Senate, and that the general administra.
ton OF justice should be as prescribed BIZ
congressional enactment. Sometimes the
power given to the territorial legislatures
has been somewhat larger, and sometimes
somewhat smaller, than the powers gener-
ally conferred. Never however, have
powers been given to territorial Iegis la.
ture Inconsistent with the idea that the
general .iudicature of the ierrItory was 10
be under the direct supervision Of the ma
'lonaI government. Accordingly the or.
game laws creating the territory Of Utah.
passed September Q, 1850, provided for
the appointment Of Il supreme court, the
Judges Of which are judges of the district
courts. a marshal and an attorney and IN
these federal officers lie conferred iurisdc.
ton IN all important matters But. as
decided recently by the supreme court,
the act requires the justices who serve in
these courts TO be selected IN such man.
uer as the territorial legislature sees fit to
prescribe.
1t has undoubtedly been the desire Of
Congress, so far as the same might be
conl atibIe with the supervising control
ofihe federal government, to leave the
minor details connected with the admins.
tratlon of the law to the regulation Of the
authorities. But such desire
ought not TO govern when the effect will
be, owing to the peculiar circumstances
OF the case, TO produce conflict between
the federal aud territorial authorities. or
to impede the enforcement of the law. or
III any way TO erdanger the peace and
good order OF the territory. Evidently
il was Eeyer Intended 10 intrust the terri.
torial Legislature with power which would
enable it, by creating iudicatures of its
own OF hy increasing the jurisdiction of
courts APPOINTED by territorial authority,
although recognized by ongress, to take
the administration CT the law out Of the
hands of the judges appointed BY the pres
ident, or to Interfere with their action.
Several years 0? unhappy experience
MIKE it apparent that in both respects.
the territory Of Utah requires special leg
islation by Congress. Public opinion in
that territory, produced by circumstances
too notorious to require further notice,
makes It necessary, in my opinion, in o der
to prevent the miscarriage of jnsiiae and
10 maintain the supremacy OF the laws of
the Untcd States and ofthe federal gov
ernment, to provide that he selection of
grand and petit jurors for district courts,
ii not put under the control of federal Of
ficers. shall not be placed in the hands of
persons entirely independent, who are de-
termned not to enforce any act Of Congress
obnoxious to them. and also TO pass some
act which shall deprive the probate court,
or any court created by the territorial
Legislature, ofany power to interfere With,
or impede the action Of, courts held by
United States judges. am convinced
that, SO long as Congress leaves, the sclec-
ton of juries to the local authorities, it
will be fatile to make any effert to enforce
laws not exeeptable to majority of the