Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1873-02-15
WASHINGTON.
Presidential Message Against the
fraa MOrmons. saes
Congressional Action Urged.
Expected Resignation Of Corrupt
Caldwell.
Caucussing Against an Extra Session.
Postal Telegraph Remitted to Next
Session.
The Pageant Of MObilier Senators.
Patterson's Plaintiye Plea...Harlan's
Hedging. 9
Caucussing Against an Extra Session.
The Pageant Of MObilier Senators.

| WASHINGTON, Feb. 14-The Presider
sent the following message to Congres
yesterday: 1kt
To the Senate and House of Representative
consider it my duty to call the attentio
OF Congress to the condition OF affsirs Il
the Territory of Utah, and the danger
likely to arise IL it continues during tb
coming recess, from threateEad confic
tiles.
10 discussion Is necessary In regard t.
the general policy OF Congress respectin.
the Territories of the United States, and
only wish now to refer TO so much OF tha
policy as concerns their judicial affairs anC
the enforcement of the laws wi.hi1
their borders. No material differences ART
found in respect to these matters in the
organic acts of the Territories, but an ex.
animation of them will show it has been
the invariable policy of Congress to place
and keep their civil and criminal iurisdic.
ton, 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 Con.
gresslonsi enactment. Som etimes the
power given to Territorial Legislature
has been somewhat larger, and sometimes
somewhat smaller That power is gener-
ally conferred. Never, however, have
powers been given to Territorial Legisla.
ture, inconsistent with the idea that the
general judicature 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 Sept. 9, 1859, pro-
vided for the appointment of a Supreme
Court, the judges Of which are the judges of
the district courts, a clerk, maj shal and
an attorney, and to these Federal officers is
confded the jurisdiction in 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 Legisla-
ture sees fit to prescribe. 1t has undoubt-
edly been the desire of Congress, so far as
the same right be compatible with the su.
pervisory control of the Federal Govern
ment, to leave the minor details connected
with the administration of law to regula-
ton by the local authority. Bat such de-
cree ought not govern when the effect will
be, owing to the peculiar circumstances of
the case, TO produce conflict between the
Federal and the 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 it was
never Intended to entrust the Territorial
Legislature with power which would ena-
bic it, by creating judicatures Of its own or
increasing the jurisdiction of the courts ap-
pointed by Territorial authority, although
recognized by Congress, to take the admin
istration of the law out of the hands of the
judges appointed by the President, or TO in
terfere with their act on.
Several years of unhappy experience
make it apparent that ia both of these res
poets the Territory of Utah requires special
legislation by Congress. Public opinion
in that territory, produced by circumstan-
ces too notorious 10 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 districs
courts, if not put under the control of Fed
eral 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, aad also to
pass some act which shall deprive the pro-
bate courts or any court credited by the
Territorial Legislature Of any power to in
,erfere with or impede the action
Of the courts held by the United
States Judges. am convinced that so
ong as Congress leaves the selection of
urors to the local authorities, it will be fu-
lie to make any effort to enforce laws not
to majority of the people of
he territory or which interferes with local
oCejudices of or provides for the punishment
If pOlygamy or any of its affiliated vices or
.rimes.
presume that Congress, in passing upon
he subject, will provide all reasonable and
proper safegurds to secure honest and COM
)etent jurors, whose verdicts will command
confidence and the guaranty Of equal pro-
ection to all good and law abiding citizens,
md at the same time make it understood |
hat crime cannot be committed with i'm
unity. have before said, while the laws
,reating the several Territories have gen
rally contained uniform provisions in re- |
pect to the judiciary, yet Congress has oc-
varied these provisions in minor |
letalls, as the circumstances of the Terri |
cries affected seemed to demand, and in
reating the Territory of Utah, Congress
yidently thought that circumstances there
night require judicial redress not necessary
0 other Territories, for by section 9 of the
ct creating that Territory, it is provided
hat writ of error may be brought from
he decision of any Judge Of the Supreme
n District Court Of the Territory to the
supreme Court of the United States, upon
ny writ Of habeas corpus involving the
Uestion Of personal freedom, provision
lever Inserted in any other territorial act
kept that creating the Territory of New
ieXico. Tn S extraordinary provision
hOws that Congress intended 10 mould the
'rganic law to the peculiar necessities of the
Territory, and the legislation which L now
commend is in fall harmony with the
recedent thus established.
l am advised that the United States
)ouTts in Utah have been greatly embar-
assed by the action of the Territorial Leg
stature in comforting criminal jurisdiction
nd power to issue writs of habeas corpus
n Probate Courts in the territory
nd By their consequent interfer-
nee with the administration of JUS
Ice. Manifestly the Legislature of the er-
tory cannot give to any court whas
yer the power to discharge by habeas
orpus persons held by or under process
'om the courts created by Congress. But
made that persons so held have
cen discharged in that way by the Probate
'ourts. | cannot doubt that Congress will
gree with me that such a state Of things
ugh. not longer TO be tolerated, and that
o class Of persons any where should be al
wed to treat the laws Of the United States
-ith open defiance and contempt.
Apprehensicns are entertained that ii Con
ress aojourns without action upon this
inject, turbulence and disorder will fol.
w, rendering military interference neces-
Try, result shall greatly depreciate and
view Of this and other obvious considera-
ons | earnestly recommend that Congress-
the present session pass some act which
i'll enable the District Courts of Utah to
rocesd with independence and efficiency
| the administration of the law and
lstice. u. S. GRANT.
EXECUTIVE MANSION, Feb. Ia, 1873.
OF the SessiOn-Specle Pay
ment and Postal Telegraph Thrown
over.
At an adjourned meeting of the caucus
Senators this morning, it was agreed
lat for the remainder of the session no
Ills be taken up except the regular appro-
ration bills. The bill reported from the
II ! a. 4 4