Mineral Point tribune. (Mineral Point, Wis.) 1869-1938, 1873-02-27
AFFAIRS In UTAH.
Mesa &c of President Grant.
The President sent the followin

The President sent the following
message to Congress on Friday:
To the Senate and House of Representatives.
consider it my duty to call the attention O.
Congress to the condition OF affairs in the ter
ritory OF Utah, and to the dangers likely &c
| ensue If it continues during the coming re
cesa from a conflict between the federal and
| territorial authorities. No discussion Is nee
essary in regard to the general policy OF Con-
gress, respecting the territories Of the United
States aud | only wish now to refer to sc
much of that policy as concerns their Judicial
affairs and the enforcement OF the laws
within their borders. No mat erial dlf
ferences are found in respect to these matters
in the organic acts Of the territories, but an
examination of them will show that it has
been the invariable policy Of Congress to
place ard keep their civil and criminal jurs-
dction with certain limited exceptions IN the
hands of persons nominated by the President
and confirmed by the Senate, tor the general
administration Of justice should be prescribed
by Congress by constitutional enactment.
Sometimes the power given to the territorial
legislature has been somewhat larger and
sometimes somewhat smaller than the power
generally conferred. Never, however have
| powers been given to territorial Legislature
! inconsistent with the idea that the general
| iudcature of the territory was to be
under the national government. Accord
ingly, the organic law creating the ter
rtory of Utah. passed September 9th,
of Supreme Court, the judges of which are
| judges OF the District Courts, a clerk, mar
! shall, and an attorney and 10 these federal
officers is confided the jurisdiction In all i'm
! portaut matters but as decided recently by
! the Supreme Court, the act requires the jurors
| to serve and IN these courts to be selected III
| such a manner as the territorial Legislature
sees fit to prescribe. 1t has undoubtedly been
the desire Of Congress, 80 far as the same
might be compatible with the supervisory con-
troll Of the Federal Governments TO leave the
minor details connected with the admIulstTa-
ton OF the law to the regular local authority,
but such a desire ought not To govern
whel the effect will be, owing to the
peculiar circumstances of the caseto produce a
conflict between the Federal and territorial
authorities, or to impede the enforcement of
the law or in any way to endanger the peace
and good order Of the territory. Evidently 1t
was never intended to trust the territorial
Legislature with power which would enable 1t,
by creating in features uf its own or lncre&s-
ing the jurisdiction OF the courts appointed by
territorial authority, although recognized by
Congress, 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
make it apparent that III both OF these
uuires special legislation by Congress.
Public opinion in that territory, produced by
circumstances too notorious to requlre further
notice, makes 1t necessary, IL my opinion, in
order to prevent tho miscarriage Of justice and
to maintain the supremacy OF the laws OF the
United States, and of the Federal Government,
to provide tina THE election OF grand and petit
Jurors for the District Court, if not put under
the control of Federal officers, shall be placed
in the hands OF persons entirely independent
of those who are determined not to enforce
any act of Congress obnoxious to them, and
also to pass some act which shall deprive the
probate courts, OF any court created by the
territorial Legislature, OF any power to inter-
fere with or impede the action of the courts
held by the United States Judges. | am con.
WINGED that so long as Congress leaves tho
selection OF Jurors TO the local authorities, it
will be futile to make an effort to enforce a
law not acceptable to maiolltyo OF the people
of the terrtory or which intorferes with pre-
| iudlces. II provides for the punishment OF
! poygamy or any OF its affiliated vices or
! crimes. presume that Congress, In passing
on this subject, VIII provide all reasonable and
proper safeguards to secure honest and COM
| petent jdrors, whose verdict Will commend
confidence and be a guarantee OF protection
/ to good and law-abldmg citizens, and at the
same time make II understood that crime can
not be committed with mpuuity.
| have before said that while the laws crea-
ting the several territories have generally con-
tanned uniform provisions in respect OF the jul
dietary, yet Congress has occasionally varied
these provisions IN minor details as the CIR
cumstances or the territory affected seemed
to demand, aud IN creating the territory Of
Utah Congress evidently thought that the cir
cumstances there might require judicial rene
dies not necessary III OtEar territories, for by
a section OF the act creating that territory it
is provided that writ OF error may be brought
from the decision OF Judge of the supreme
or District courts of the territory to the Su-
prone Court Of the United States upon any
writ OF hobedS corpus involving the ques-
ton of personal treedOm-a provision
never inserted in any other territorial
act except that creating tue territory
of New Mexico. This extraordinary
prov sion shove that Congress intended to
mould the organic law to the peculiar nccos-
slJy ut the territory, and the legislation which
is now recommended Is in full harmony with
the precedent thus established. am advised
that United states Courts in [ tab have been
embarrassed 10y the action OF the Territorial
Legislature IN couteTng crmlua, jurisdiction
ami the power 20 issue waits OF NdbelS corpus
ON probate courts in the territory, and by
their consequent interference with the admin
istration OF justice. Mauitestly, the Leglss-
tuve Of the territory cannot give to any court
whatever the power to discharge by tJjtaS
corpus persons held by process from the
courts created by Congress bat complaint lis
made hat persons SO held have been dis
charged IA that way by probate courts.
! cannot doubt that Congress Nll agree
with me That such q state of things ought not
10 be tolerated. and that no class OF persons
auyN here should be allowed 90 treat the laws
of the United States with open defiance and
contempt. Approximations are entertained
. that il Congress atj1urns without action ON
this subject turbulence and disorder wlu fol-
14eYtf. lu me. .,|