The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1873-02-15

legislatures has been Somewhat L.
eiln times somewhat smaller than the nowars con-
estaiy conferred Never, however have noxyers
t oeeu given 10 territorial Lepislature incopss.
Of tbe Tue ldea that the general iudicature
nervision oe was 10 be under the dire t SUI
ppordinml1r Al ~ Tue national government Ac-
ceerITilgiy the organic law creating the territory
fnr tba passeu september 29th, 1850, provided
i ~ NC appointment of Supreme Court 1.-THE
5uS u winch are the judges of the District
to tbese fedaus,, marshal, and an attorney, and
49,; un!so ieeeral officers is conf5ed the iursdic-
slon IA an Important matters: but ~ decided
AZ ny the supreme Court the act reo,,ires
.ne Jurors 10 serve in these courts To he selected
IN suen manner as the territorial Legislature
sees mt to prescribe 49,
lt has undoubtedly been Tho l; &c o.
greSs, SO far as the same might Inc comnatahIa
Win the supervisory control of the federal GOV
vrninleht, to leave the minor details Connected
t;o sn .ne administration of law to the rerna-
NOT IN 1ocal authority, but such desire ought
t ioo " govern when the effect will he owing to
Inc peculiar circumstance Of n COS .. ,rai,,e "
onthnrt;o between the federal and territorial
eiorr or;,, OF 10 impede the enforcement of
GOOD ordar a nf way to endanger the peace and
good order OF the territory. E,,;de,, r. - nu
never intended to intrust tba Irtiuentiy IL was
latufe with power which would $500 :: si-
creating yudcatures of its own ar i,, II, ny
the Jurisdictions of the courts appnintad hs, 4
rt"rlal authority, although recogninad oy Ter
gress, to take the administrator of tt 3y Con-
OF the hands of judges appointed by the Pre oG'
dent, or to Interfere with their operation Sens
sral years of unhappy experience make IL an
parent in both these respects that the terrtorv
OF Utah requires special legislation by Congresss
Public opinion in that territory, produced bv
circumstances too notorious to require further
notice, makes it necessary, in my opinion to
prevent the miscarriage of justice and to main
tain the supremacy of the laws of the United
states and of the federal government, to pro
vide that the selection of grand and petit jurors
for the District Courts, if not put under the
control of federal officers, should 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 or any court created by the Territorial
Legislature, of any power to interfere with or
impede the action of the Courts held by the
United States Judges.
l am convinced that SO long as Congress leaves
the selection of jurors to the local authorities it
will be futile make any effort to enforce laws
not acceptable to majority of the people of
the territory, or which interferes with local pre-
JUDGES or provides for the punishment of polyg-
amy or any OF its affiliated vices or crimes
presume that Congress, in passing on this sub
Ject, will provide all reasonable and proper safe
guards to secure honest and competent jurors,
whose verdict will command confidence and be
a guarantee of equal protection to all good and
!aw-abldlng citizens, and at the same time make
III understood that crime cannot be committed
with impunty. | have before said that while
the laws creating the several territories have
generally contained uniform provisions in re-
spect to the judiciary, yet Congress has occa-
slonally varied these provisions in minor details
as the circumstances of the territory effected
seemed to demand, and in creating the terrific
ry of Utah Congress evidently thought that cir
cumstances there might require judicial RENE
dies not necessary in other territories, for by
section 8 of the act creating that territory it is
provided that writ OF error may be brought
from the decision of any Judge of the territory
to the Supreme Court of the United States upon
any writ of habeaS corpus involving the ques
ton of personal freedom, a provision never in
serted in any other territorial act except that
creating the territory of New Mexico. This
extraordinary provision shows that Congress.
intended to mould the organic laws to the pecul
lar necessities of the territory, and the legisla
| ton which now recommend, and full harmo
| ny with tine precedent thus established.
| am advised that the United States Court!
| IN Utah have been greatly embarrassed by the
action of the Territorial Legislature in confer
ing criminal jurisdiction and the powers to is
sue writs OF habeas corpus on probate courts
| created by Congress, but a complaint Is mad,
| that certain persons so have been discharged il
that way by the probate courts. I cannot donb
that Congress will agree with me that such {
state of things ought not longer to be tolerated
and no class of persons anywhere should be al
lowed to treat the laws of the United State!
with open defiance and contempt. Apprehen
sions are entertained that if Congress adjourns
without any action upon this subject turbulence
and disorder will prevail, rendering military in
reference necessary, result 1 should greatly
deprecate; and in view of this and other obvious
| considerations l earnestly recommend that
Congress at the present session pass some ac
which will enable the District Courts of Utal
to proceed with independence and efficiency il
the administration of law and justice.
(Signed) U. S. GRANT.
Executive Mansion, Feb. H. 1873.