The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1873-02-20
THE MORMON QUESTION.
A MESSAGE FROM TIE PRESIDENT OF THE
UNITED STATES.


To the Senate and House Of Representa-
tives:
[ consider it my duty to call the atten-
ton of Congress othe condition of affairs
in the Territory of Utah, land to the dan.
gers likely to arise if it continues during
the coming recess from a conflict between
the Federal anu Territorial authorities.
No discussion is necessary in regard to
the general policy Of Congress respecting
the Territories Of the United States, and
[ only wish now to refer to SO much Of
thot policy as concerns their judicial af-
fairs and the enforcement of laws within
their borders. No material differences
are found 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 criminal
jurisd ictionf with certain limited excep-
tions in the hands Of persona nominated
by the President and confirmed by the
Senate, and that the general adminlstra-
ton of justice should be prescribed by
Congressional enactment. Sometimes the
power given to the Territorial Legislature
has been somewhat larger, and sometimes
somewhat smaller, than the power gener-
ally conferred. Never, however, have
powers been given to Territorial Legisla-
ture inconsistent with the idea that the
general iudicature of the Territory was
to be under the direct supervision of the
National Government. Accordingly the
organic law creating the Territory of
Utah, passed September 8, 1859, provided
for the appointment of Supreme Court,
the Judges of which are Judges of the
District Courts, Clerk, a Marshal, and
an attorney. and to these Federal officers
is confded the jurisdiction in all impor-
tant matters. But as decided recently by
the Supreme Court, the act requires the
jurors to serve in these courts to be Sc,
lected in such manner as the Territorial
Legislature sees fit to prescribe. It has
undoubtedly been the desire of Congress
so far as the same might be compatible
with the supervisory control of the Fed
eral Government, to leave the minor de-
tails connected with the administration
of law to regulation OF local authority,
but such a desire ought not to govern
when the effect will be, owing to peculiar
circumstances of the case, to produce
conflict between the Federal and Terri
torial authorities, or to impede the en-
fOrcement of law, or in any way to en-
danger the peace and good order of the
Territory. Evidently it was never in
tended to intrust the Territorial Legisla-
ture with power which would enoble it,
by creating judicatures of its own, or in
creasirg the Jurisdiction of courts APP
pointed by Territorial authority although
recognized by Congress, to take the ad,
ministratiou of the law out Of the hands
of the judges appointed by the President,
or to interfere with their action. Several
years of unhappy experience makes it ap-
parent that in both of these respects the
Territory of Utah requires special legisla-
ton 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 justice and to
maintain the supremacy of the laws Of the
United States and of the Federal Govern
menr, 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 vino are determined not to enforce
any act of Congress obnoxious to them,
and also to pass some act which shall de,
prIve the probate courts, or any court Gre
ated by the Territorial Legislature, of any
power to interfere with or impede the ac-
ton of the courts of the United States
Judges. I ON convinced that so long as
Congress leaves the selection of Jurors to
the local authorities it will be futile to
make any effort to enforce laws net &C |
ceptable to a majority Of The people of
the Territory, or which interfere with To-
cal prejudices, Or provide for the punish !
ment of polygamy or any of its affiliated
vices of crimes. presume that Congress,
in passing upon this subject, will provide
all reasonable and proper safeguards to
secure honest and competent jurors, whose
verdicts will command 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 can
not be committed with impunity. I have
before said, while the laws creating the
several Territories have generally con-
tanned uniform provisions in respect to
the Judiciary, yet Congress has occasion
ally varied these provisions in minor de-
tails, as the circumstances of the Territory
effected seemed to demand. And in Gre
ating the Territory of Utah, Congress evil
IDENTIFY thought that the circumstances
there might require judicial remedies not
necessary in other Territories; for by sec
ton nine of the act creating that Territory
it 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 hc6eas
corpus in involving the question of per.
sonal freedom, a provision never inserted
in any other Territorial act except that {