The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1873-02-28
THE MORMON PROBLEM.
Federal and Territorial Authorities I'm
Utah--The Pre- sident Calls the Atten-
don OF Congress 90 the subject.

Federal and Territorial Authorities I'm
Utah--The President Calls the Atten-
ton Of Congress Ia the subject.
The President has sent the following mes
sage TO Congress
TO TIE Senate and House Of Representatives
i consider il my duty 10 call the attention of
Congress 10 the condition OF affairs in the Ter
ritory Of Utah, and TO the dangers likely 10
arise II II continues during the coming recess,
from conflict between the Federal and Ter
rtorial authorities. No discussion is neces-
sary in regard to the general policy Of Congress
respecting the Territories of the United Slater,
and | only wish now to refer TO 30 much OF
that policy az concerns their judicial affairs
and the enforcement OF laws within their bor-
ders. No material differences are found III re-
spect 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
criminal jurisdiction, with certain limited ex-
ceptious, III the hands OF persons nominated
by the President and confirmed by the Senate
and that the general administration OF justice
should be AZ prescribed by Congressional ell
actment. Sometimes the power given TO the
Territorial Legislature has been somewhat
larger. and sometimes somewhat smaller than
the power generally conferred. Never, how
ever have powers been given TO a Territorial
Legislature inconsistent with the idea that
the general judicature of the Territory was 10
be snder the direct supervision of the Ma
tional Government. Accordingly the organic
law creating the Territory OF Utah, passed
Sept. 9. 1859, provided for the appointment of
supreme Court. the judges of which are
judges of the district courts, clerk mar
shall. and an attorney, and to these Federal
officers is confided the jurisdiction in all I'M
portant matters. But, ar decided recently by
the Supreme Court. the act requires the jurors
to serve In these courts, to be selected III such
manner az the Territorial Legislature sees
lit 10 prescribe. Ii has undoubtedly been the
desire of Congress 80 far at the same might be
compatible with the supervisory control Of the
Federal Government to leave the minor de-
tails connected with the administration of law
TO regulation by local authority, but such de-
sire ought not TO govern when the effect will
be, owing 70 the peculiar circumstances of the
case, 10 produce conflict between the Federal
and Territorial authorities. or to impede the
enforcement Of law. or in any way to endanger
the peace and good order Of the Territory
Evidently il was never intended to ntTust the
Territorial Legislature with power which
would enable it. by creating julicatures of its
own, or increasing the jurisdiction Of courts
appointed 10y Territorial authority although
recognized 10y Congress, To take the admins
tr&tiOn Of the law ont OF the hands of the
judges appointed by the President. or 10 in
terte.e Will their action. several years O.
unhappy experience makes il apparent that IN
both of these respects the Territory Of Utah
requires special legislation by Congress. Pub
lie opinion IN that Territory produced 10y cir
cumstances too notorious to require further
notice, makes il necessary i'll my opinion, in
order to prevent the miscarriage Of justice
and TO maintain the supremacy of the laws of
the United States aud of the Federal
Government. 10 provide that the selection
Of grand and petit jurors for the District
Courts, if not put under the control of the
Federal officers, shall be placed III the hands of
persons entirely independent Of those who are
determined not TO enforce any act oc Congress
obEoXiors 10 them, and also pass some act
which shall deprive the Probate Courts. or any
court created 10y the Territorial Legislature, Of
any power TO interfere with or impede the
action Of the courts held by the United States
Judges. / am convinced that 20 long az Con-
gress leaves the selection of jurors 10 the
local authorities it will be futile to make any
effort to enforce laws not acceptable TO d
maiority of the people of the Territory or
which interferes with local prejudces. or pro-
yides for the punishment of polygamy or any
of its affiliated vices or crimes. | presume
that Congress, IN passing upon this subject.
Will provide all reasonable and proper safe
guards 10 secure honest and competent jurors
whose verdicts will command confidence and
be guaranty Of equal protection to all good
and Iaw-abidlng citizens, and at the same time
make It understood that crime cannot be COM
United with iInpunity. l have before said.
while the laws creating the several Territories
have generally contained uniform provisions
in regard to the judiciary. yet Congress has
varied these provisions in minor
details, az circumstances the Territory az
fected seemed to demand And in creating the
Territory of Utah. Congress evidently thought
that the circumstances there might require
Judicial remedies not necessary in other Ter
lltories for by section nine of the act Great
ing that Territory, il is provided that writ of
error may be brought from the decision of any
Judge Of the Supreme or District Courts of
the Territory to the Supreme Court of the
United States upon any writ of habeas corpus
involving the question of personal liberty, a
provision never inserted in any other terrific
rial act except that creating the Territory Of
New Mexico. This extraordinary provision
shows that Congress intended to mould the
organic law to the peculiar necessities of the
Territory. and the legislation which il now
recommended Is III full harmony with the prec-
edent then established.
| am advised that the United States Courts
in Utah have been greatly embarrassed 10y the
action of the Territorial Legislature III con-
ferlng criminal jurisdiction and the power TO
issue writs of habeas corpus on Probate Courts
in the Territory. aud by their consequent in
reference with the administration of Justice.
the Legislature of the Territory
cannot give 70 any court whatever power 10
hy habeas corpus persons held by or
under process from the courts created 10y Con-
gress but complaint is made that persons so
held have been discharged in that way by the
Probate Courts. l cannot doubt that Congress
will agree with me that such state Of things
ought not longer TO be tolerated, and that
no class of persons anywhere should be al
lowed TO treat the laws of the United States
with open defiance and contempt. Apprcherl-
sions are entertained that if Congress adiourns
without any action upon this subject. turbu-
lence and disorder will follow. rendering mill
tary interference necessary, q result should
greatly deprccate. In view of this and other
obvious considerations, l earnestly recommend
that Congress, az the present session. pass
some act which will enable the District Courts
Of Utah to proceed with independence and eff
cheney the administration of law and Justice
L. :. GRANT.
An American Theater i'm Paris.
Every wear we hear it stated that