Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1873-02-15

+ HBRO Alt L 4
and thus the insurance companies were I
subjugated to the rights Of men who
had 10 rights. The ship had
gone to the bottom, and the only thing
that now remaihed was the right of the
nation tj elaitu that England make good
her obligation or answer the eOnse- |
auences. If the United States Govern
ment had gone to war with England III
stead Of taking money for the claim,
how many insurance companies
would claim to ffGve been subjugated? ? |
The Government would be II the eondi- |
ton of the Irishman who found himself
an informer, the penalty being fifty
lashes, aud the informer was entitled to
one-half. He proceeded to answer vari-
Gus technical questions as to the details
of the measure. In reply to question
by Mr. Peters, he expressed the belief
that the amount to be paid under the
bill would not exceed fourteen million
dollars in currency, principal and inter-
est included.
Mr.. Peters offered an amendment,
making the interest payable not from
the Geneva award, as provided in the
bill, but from the date Of the loss.
Mr.. Poland offered a substitute for the
whole bill.
Mr.. Potter sald that he at first thought
the insurance companies were not en-
titled 20 receive anything under the
award, but subsequent reflection had
brought him to the opposite conclusion.
He offered an amendment to carry out
his views.
Mr.. Monroe offered an amendment,
extending to operations of the bill to
damages done by the Shenandoah, be-
fore her arrival at Melbourne.
Mr.. Eames offered an amendment,
extending its operation to damages done
by all. cruisers or vessels bearing the
Confederate flag. The previous ques-
ton was then seconded, and the vote on
the bill will be taken tomorrow.
The House then adjourned.
UTAH.
WASHINGTON, February a. - The
President sent the following message to
Congress to-day
To the senate and House OF Representatives:
1 consider it my duty to call the atten-
ton of Congress to the condition Of
affairs in the Territory of Utah, and to
the dangers likely to arise if il contin-
ues during the coming reees5 from q
threatened conflict between the Federal
and Territorial authorities. No discus
sion is necessary in regard to the gener-
al policy of Congress respecting the Ter
ritories of the United States, and | only
wish now to refer to so much of that
policy as concerns their judicial affairs
and the enforcement Of laws within their
borders. No material differences are
| founi in respect to these matters in the
organic acts of the Territories, but an
examination of them will show it has
been the invariable policy Of Congress
to place and keep their civil and crimi-
nal Jurisdiction, with certain limited
exceptions, in the hands of persons
nominated by the President and con-
! firmed by the Senate, and that the
| general administration of justice should
| be as prescribed by Congressional enact
ment. Sometimes the power given to a
| Territorial Legislature has been some
what larger and sometimes somewhat
| smaller than the power generally con-
| ferred upon other bodies; never, however,
1 have powers been given to Territorial
/ Legislature inconsistent with the idea
| that the general judicature OF the Terri
/ tory was to be under the direct supervis-
/ ion of the National Government. Ac-
cordingly the organic law creating the
Territory of Utah, passed September 9,
| 1859, provided for the appointment Of a
! Supreme COurt-the Judges of which
\ are Judges of the District COUrts-a
Clerk, a Marshal, and an Attorney;
and to these Federal officers are confid-
cd the jurisdiction in all important
matters, but as decided recently by the
Supreme Court, the act requires the ju-
TOrs to serve in these courts to be selected
| in such matter as the Territorial Leg
islature sees fit to prescribe. II has un-
| dOubtedly been the desire of Congress,
so far as the right be compatible with
| the supervisory control of the Federal
| Government, to leave the minor details
| connected with the administration of
the law to regulation 10y local authority
| But such a decree ought not to govern
when the effect viii be, owing to the peeu-
/ liar circumstances of the case, to produce
a conflict between the Federal and the
| Territorial authorities, or to impede the
| enforcement of law, or in any way to
endanger the peace and good order of
| the territory. Evidently it was never
intended TO entrust the Territorial Legis-
/ lature with power which would enable
it, by creating judicatures of its own
or increasing the jurisdiction of courts
appointed by Territorial authority, al
| though recognized by Congress, to
| take the administration of the
/ law out of the hands of the Judges an
pointed by the President, or to interfere
with their action. Several years of un-
I hor,r,-- ,4.v.arf.s,ag
| that, in both of these respects, the Ter
ritory Of Utah requires special legislation
/ by Congress. Public opinion in that
Territory, produced by circumstances
| too notorious to require further notice,
makes it necessary, in my opinion, in
order to prevent the miscarriage of ius-
| tice, and to maintain the supremacy of
| the Federal Government, to provide
/ that the selection of grand and petit
! Jurors for the District Courts, if not put
under the control of Federal officers.
shall be placed in the hands of persons
entirely independent OF those who are
determined to enforce any act of Con-
gress 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 70 interfere with or impede the
action Of the courts held by the United
| States Judges. am convinced that so
long as Congress leaves the selection of
jurors to the local authorities, it will be
1 futile to make any effort to
enforce the laws not acceptable
to majority Of the people Of the
Territory, or which interferes with local
prejudices, or provides for the punish
ment of polygamy or any of its affili-
4 ated vices or crimes. l presume that
Congress, in passing upon the subject,
will provide all reasonable and proper
safeguards to secure honest and compe-
| tent jurors, whose verdicts will COM
| mand confidence and be a guaranty of
equal protection to all good and law
abiding citizens; and at the same time
make it understood that crime cannot be
committed with impunity. | have here
tofore said that while the laws that Great
ed the several Territories have generally
contained uniform provisions in respect
of the Judiciary; yet Congress has Occa-
sionally variedsthese provisions i'm minor
details, as the circumstances of the Ter
ritory affected seemed to demand any.
| In creating the Territory of Utah, Con-
gress evidently thought that circum-
stances there might require judicial remS
edieS not necessary in other Territories,
! for by Section OF the act creating that
Territory it provided that q writ Of error
may be brought from tbedecisiOn ofany
Judge of the Supreme or District Courts
of that Territory to the Supreme Court
of the United States, upon any writ
of ha6eds c0rpas Involving the question
of personal freedom, a provision never
inserted in any other Territorial act
except that creating the Territory of New
Mexico. This extraordinary provision