New Orleans Republican., 1873-02-21
Seu. Orleans 8rpl'l)'isa.1.
sFF!ClsL JOURNAL OF THE UNITED STATES
OFFICIAL JOURNAL Of heH ORLEANS
Message on Utah.

20 Congress last Friday:
"a .,.a Senate and House OF Representatives.,
| Icou.llp. il my duty to cal! the attention
Of Con grtss to the condition ri a1i tlrs IN
the Territory Of Utah, and the danger likely
t. as i. II continues during the comm z
Tpc..-t from the threatened conflict between
the :rur!3! and territOrla! authorities. 40
discussion i necessary in REGARD 10 the
genera. Motley of Congress respecting the
T.,r,-c,it. II the United States. and OIL:
W.. nov - refer to 30 much ot that p0ilcY
a. concerns their judicial affairs ana ihc
enforcement or the laws WITHIN theE boF'
dry.. No material differences are lollnh
in respect 20 these matters IN the "i2anlc
act. -: ;nr Territory. but an tNaM!ha'l"h
OF .i.cu will show that Il has n'rh thc
inya.lani. i,uIiry Of Congress 10 place ana
kerr, .hejr civil and criminal jurisdiction
twit. certain limited exceptions III me
hands >: persons nominated by .ht
Pr,..i,,, and confirmed hv the Senate
and that tive general administration "l
Justice thoud be as prescribed ny c"hSit7
siDu.! enactment. Sometimes me power
Civ. 90 ,erlitora al Legislatures has been
Eyu.g ',a. larger. and sometimes ,oLle"H4'
g.a. ~. than the power generally con!trFtu'
uryr. '.wrvcr. have powers been gwen !"
a territorial Legislature Inconsistent WIN
tne idea that the general IudIcathFe % tuo
Trrr..,:r was to be under the dITect SUPER
yi-,, u o: the national government. A,Colu
iur'v liz. ,ryanic law creating iht itIil'
tor .: Utah ipassed September :. Io7'j'
prny:Irt! for the appointment OF supreme
Tour. ~. indges Of whIc. are Judges OF
tNn l...t:,. courts, a clc"k. a marshal. and
an a-.n.ne.: and TO the iedera! officers
Is c.l.Io..G The jurisdiction IL al. important
ua.,.,-. But as decided recently by
tie Supreme Court. the act requires
the is.U.. 10 serve in these courts TO
in
to,..i ,r.i -tature sees fl 10 prescribe.
!. ha. undoubtedly been the decree OF
Congress- sn far as the same might be com
pat.rlc viii. the supervisory control OF the
fedora. government. to leave the minor de.
tail connected with the administration OF
the .aws - regulation by the !oca! ahthoIl'
ty: bE: such "A decree ought not 10 govern
when the effect will be-. owing 10 the pecu.
liar circumstances Of the case. TO produce
conflict between the federal and the terri
toria. authorities, or to impede the enforce
nent e. law. or i'll any way endanSer me
peAyr ANA good order OF the Territory. / H.
dOu ,j,G : Il was never lutended 10 lntluSI
tAe tr.lir, rial Legislature with powers
which ,rould enable it. by creating judica.
lures Of il. own. or increasing the JurlsGl'-
ton Of .4e courts apo nted by territorial
authority. although recognized by Congress.
10 take the administration Oi the law out OF
the bands OF the judges appointed by the
Prrs:dtLt. al 10 interfere with Their action.
Se@eral points OF unhappy experience
make i apparent that i'll both OF these
RESPECTS tie Territory Q! Utah requires
SPECIAL LEGISLATION by Congress. The pub
AZ opinion in that Territory. produced by
circuu>tances too notorious 10 require fur-
ther notice. makes il n" cesSary. IN my Opln.
ION. in order 70 prevent the miscarriage OF
Justice. and t. MAINTAIN ;hc supremacy OF
the laws OF the United States and OF the
Al h.t -
selection OF the grand and petit jurors for
the district courts if not put under the con.
trUl o' tie federal officer. shall he placed III
the hands of persons entirely independent
of those who are determined not to enforce
auy act Of Con .ress obnoxious to them. ana
alsp TO pass some act which shall deprive the
probate courts. or any court created by the
terrtOlia. Legislature, OF amy power 10 IN
tcrCrrr with or impede the action Of the
courts held by the United States Judge. l
am convinced that. SO long as Congress
leaves the selection OF Jurors t" the Local
authorities. II will lie futile 20 make any
effort 10 enforce laws not acceptable 10 the
majority Of the people OF the Territory. or
winch irtertrrcs with local preiudlcc@. or
provides tor the punishment Of pOlygamy
or auv q its affiliated vices or crimes. |
presume that Congress, i'll passing upon the
subject, Will provide AL reasonable and
proper safeguards 10 secure honest and
competent jurors, whose yerdlctS Will COM
Iuand cor iidenCe and be a guarantee OF equal
protection 10 all good AMI w-abldlng cltl-
Zens and al the same time make II under
stood that crime can NOT be committed with
immunity ! have before said that while
the laws which created tn" several Terri.
tUria. have generally contained uniform
provisions IN respect 0t the judiciary. yet
Congress has occasions ly varied .hese pro-
visions in minor details. as the cIrcun-
IL al
demand and in creating th. Territory OF
Utah, Congress evidently thought that cir
Cul.-.arce- there might require Judicial
remedies HnT necessary IN other Territories:
for by section nine OF the act creating that
Territory il il prpvl led that writ OF
errO- !aay he brought truHi the de-
cisicn o. any Judge Of the supreme
CUu't o. district courts OF the Ter
ritOrY ,c the Supreme Court Of the
UuiTcd States upon ANY wit OF habeas
cOTIns .uNolNing the question OF personal
freedom. a provision never inserted IN any
other Territorial act except that creating
the territory of New Mexico. This extra
ordinary provision shows that Congress in
tended t. uoI the organic law to the pecu-
lar necessities of til" Territory: and the
legislation which | now recommend Is IL
full harmony with the precedent thus estab-
lished. | am advised that the United
States courts in Utah have been greatly
embarrassed by the action of the territorial
Legislature II conferl ing criminal jurISdlc.
ton anu the power to issue wrlts OF hAheas
cOr3u~ OF the probate courts in the Terri
tory. aul ty their co&seqpent interference
with the administration ot Justice. Mani
fest,VtL" LEGISLATURE al the Ter tory can
not give t, any court whatever the power to
GlSludr-.. iy hahtas corpus persons held hY
o. .udr~ process from the courts created
by C.r.lrs-. but complaint i made that
persons - held have been discharged ii
That uav iV the probate C"Elts. ! cal.
duu'. IL. Congress will agree With II"
:ra: suyl i state ot things ought not
lop-.: l. lee tolerated. and that Il" class OF
rrr-ru. anywhere should hr allowed to
trea. T." Avs OF the United States with
omen d. #aicc ana contempt. ApprcEen-
sion. AZ. entertained that If Congress. aG
iguiu~ without any action upon this sub
jc5t. ;ur,I..auce ana disorder viii follow.
I.,Erl.,- military interference necessary
ar,,u.. shouid greatly deplecatc: and, II
.i,ys ui Iii. and other obvious consldera-
iva.. earnestly recommend Tia: Con
gr,,. tie present st sslon pass some act
vh,... VII. enable the district court. Of
Tta. :, proceed with independence and Ell
t..,',c. !. the administration OF law ana
;u.'.. |. $ CRANE.
E,,,.:.,r ManSiou. February :. +. -.
TIE COZ RTs.
l:. ..,. =: Tie courthouse We yy;t GGl.