Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1873-02-27
THE MORMON PROBLEM.

l. l.
The Danger of a Conflict Between the
Federal and Territorial Authorities in
Utah--The President Calls the Atten-
ton of Congress to the Subject.
| The President has sent the following mes
sage to Congress:
10 the Senate and House of Representatives
consider it my duty to call the attention of
Congress to the condition of affairs in the Ter
ritory of Utah, and to the dangers likely to
ARISE If 1t continues during the coming recess
from conflict between the Federal and Ter
ritorial authorities. No discussion is neces-
sary III regard to the general policy of Congress
respecting the Territories of the United States,
and only wish now 20 refer to SO much of
that policy ~as concerns their Judicial affairs
and the enforcement of laws witkin their Dor
ders. No material differences are found in re-
spect to these matters III 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, in the hands of persons nominated
by the President and confirmed by the Senate
and that the general administration of Justice
should be as prescribed by Congressional en-
aetment. 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 Territorial
Legislature inconsistent with the idea that
! the general judicature of the Territory was to
| be under the direct supervision Of the Ma
| tional Government. Accordingly the organic
law creating the Territory of Utah. passed
Sept. 3, 1859, provided for the appointment of
a Supreme Court, the judges of which are
judges of the district courts, clerk mar
snail and an attorney, and to these Federal
ofhcers is contided the jurisdiction in all i'm
portant matters But, as decided recently by
the Supreme Court, the act requires the Jurors
to serve IN these courts, to be selected in such
manner as the Territorial Legislature sees
nj TO prescribe. 1t has undoubtedly been the
oeslfe OF congress SO far as 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
| De, OWING to the peculiar circumstances of the
case, to 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 1t was never intended to intrust the
Territorial Legislature with power which
would enable it, by creating judicatures of its
own, or increasing the jurisdiction of courts
! appointed by Territorial authority although
recognized by Congress, to take the admins
tratlon of the law out of the hands CT the
| judges appointed by the President. or TO in
tertere with their action. Several wears OF
unhappy experience makes it apparent that in
both of these respects the Territory of Utah
requires special legislation by Congress. Pub
lie opinion In that Territory produced by cir
cumstances too notorious to require further
notlce, makes 1t necessary in nv 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, to provide that the selection
OF grand and petit jurors for the District
courts, # not put under the control of the
+ FEDERAL officers shall be placed in the hands of
persons entirely independent of those who are
determined not to enforce any act of Congress
OBNOXIOUS to them, and also pass some act
which shall deprive the Probate Courts. or anv
| court created by 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 so long as Con-
gress leaves the selection of Jurors to the
local authorities it will be futile to make any
effort to enforce laws not acceptable to
majority of the people of the Territory or
which lnterferes with local prejudices or pro-
Woes Tor the punishment of polygamy or any
OF Its affiliated vices or crimes I presume
tnat congress, IN passing upon this subject,
Will provide all reasonable and proper safe
guards to secure honest and competent iurors
| 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 1T understood that crime cannot be COM
United with lmpunity. I have before said
While the laws creating the several I erritories
have generally contained uniform provisions
IN regard to the judiciary, yet Congress has
occasionally varied these provisions in minor
"details, as circumstances or the Territory af-
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
ritories; for by section nine of the act Great
ing that Territory, it is provided that q 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 is now |
recommended is in full HARMONY with the prec- |
edent then established
am advised that the United States Courts |
IN Utah have been greatly embarrassed bv the |
action of the Territorial Legislature in con- |
1errlng criminal jurisdiction and the power to |
issue wrItS OF habeaS corpus on Probate Courts |
III the Territory, and by their consequent in
reference with the administration of Justice |
Mamfestly the Legislature of the Territory |
cannot give to any court whatever power to |
discharge by habeas corpus persons held bv or |
under process from the courts created bv Com
gress; but complaint is made that persons SO |
held have been discharged in that way by the |
Probate Courts 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 tho laws of the United States |
with open &c ance and contempt. Apprehen- |
sions are entertained that if Congress adiourns |
without any action upon this subject. turbu- |
lence and disorder will follow, rendering milf
tary interference necessary, a result should |
greatly deprecate. In view of this and other |
obvious considerations, earnestly recommend |
that Congress, at 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. |
U. s. GRANT.
An American Theater i'm Paris.
Every year we hear it stated that