Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1873-02-19

The MoRMoNs-The present condition Of
affairs in the troublesome territory OF Utah
is set forth in the late message of President
Grant, which we here give at length:
To the Senate and House of Representa-
tives: consider it my duty to call the at
tention of Congress to the condition OF affairs
IN the territory of Utah, and to the dangers
likely to arise, if it continues during the
coming recess, from threatened conflict be-
tween the federal and territorial authorities.
The law creating the territory Ut Utah,
passed september 9, 1850, r'vlded tor the
appointment of supreme court, the judges
Of which are Judges of the district courts,
marshal and an attorney, and on these fede-
raj officers is conferred jurisdiction in all
important matters. But, as decided recently
by the supreme court, the act r'quires the
justices to serve in these courts 10 be selected
10 such manner as the territorial legislature
sees fit to prescribe.
1t has undoubtedly been the desire of Con-
gress, SO far as the same might be compat'-
BILE with the supervising control OF the iede-
raj government, to leave the minor details
connected with the administration OF the law
TO the regulation of the municipal authOrl-
ties But such desire ought not 10 govern
when the effect will be, owing to the pecu-
liar circumstances of the case, to produce
conflict between the federal and territorial
authorities, or to impede the enforcement OF
the law, or in any way t. endanger the peace
and good order of tie territory. Evidently
It was never intended TO iutrust the terrific
rial legislature with power which would ena-
bic it, by creating judicatures of its own, or
by increasing the jurisdiction OF courts ap-
pointed by territorial authority, although
recognized by Congress to take the admins
tration of the law out Of the hands OF the
Judges appointed by the Preside-t, or TO il
tertere with their action.
| Several years Of unhappy experience make
It / parent that, in both these respects, the
territory Utah requires special legislation
by Congress. Pubic opinion in that tsrrl-
tory, produced by circumstances to) notorI-
Jus t. require further notice, makes 1t neces-
larry. in my opinion in order 10 prevent the
miscarriage of justice and to MAINTAIN the
su premacy of the laws OF tue United States
,ud Of the federal government, to provide
hat the selection Of grand and petit juror 6
Tor district courts, If not put under the con-
troll OF federal officers, snail not be placed in
| the hands OF persons entirely Independent,
| who are determined not 10 enforce any act ot
| Congress obnoxious to them, and alsO To pass
some act when shall deprive the probate
court, or any court created by the territorial
| Legislature, OF any power 10 interfere with,
Or impede the action OF, courts h I'D by
Uuited States judges. | am convinced that
50 long as Congress leaves the selection oil
lurles TO the local authorities, 1t Will be futile
to make any effort To enforce laws no3ac-
ceptable to a majority OF the people OF "a
i
udices, or provide Tor tue punishment OF
polyg4my or any of It's affiliated vices OF
crimes. / presume that Congress, in passing :
IN this subject, will provide all reasonable
and proper safeguards to secure honest and
Competent jurors, whose veTdlcts Will be d
guaranty OF equal prote ;tion u all good and
iaw abiding cltIz-ns, and at the same time t,
make it understood that crime cannot be
! cOmmitecd with IMMUNITY.
! | have before sad that, while the laws
creating the several territories have genera :
ly contained uniform provisions IN respect
10 the Judiciary, yet Copgcess has OCCASION
ally varied these PROVISIONS 10 minor details
as the circumstances OF the territory affected
seemed to dem md. AMI 10 creating The
territory OF Utah, Congress evIdently
thou sht circumstances there might require
Judi lal remedies not necees Try ia other ter
rtorles for, by section o. the act creattn-
that territory, 1t Is proylteI that writ o
error may be brought from tie decision .
any jud e OF tue supreme curt OF the ter
rItpry 10 the supreme court OF the United
States, upon any writ of hdbeas corpus IL
vJlving the question OF persona Il irecdom-a
provision never inserted IN any otA,r ter
rItorlal act, except that creating the terri
tory of New Mexico. TuIs excrIOrIIn try
provision shows that Congress intendei t,
mold the organic law 10 tue peculiar nece
sites OF tue territory, and tue legislation
uow recommend is III iull harmony with tht
precedent thus established.
[ am advised that tue United States court
IN [ tab have been greatly embari assed b,
The action OF the territorial Legislature, II
cunierrlny criminal jurisdiction ard tn
powers of wr.ts OF hdbeas corpus on probat
courts, created by Congress. and comp lain
nas been made tnat persons 50 held have
been discharged in that way by probat
courts | cauuOt doubt Congress viii agre
With me that such q state of things OuSh
not logger to be tolerated, and that no elias
of persons should be allowed to treat tn
laws of the United States with open define
, and contempt.
| ApprehensiOns are entertained that,
Congress adJJurn without any acllon on TN
subject, turbulence and disorder will follow
rendering m ltary interference necessary
result should greatly deprecate. And i
view of this and other obvious consideration
| earnestly recommend that Congress, at IL
present session, pass some act which WI
enable the strict courts OF Utah to prvcee
with independence and eff ;iency in the &C
ninistratiun of law and justice
U 5. GRANT.
Executive Mansion, Feb. II, 1873.
Yesterday Judge Poland presented to tt