River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1873-02-28
AFFAIRS In UTAH.
Message OF President Grant.


consider It my duty TO call the attention o.
Congress to the condition OF affairs in the ter.
ritory OF Utah, and to the dangers likely 10
ensue II il continues during the coming re.
cess, from conflict between the federal and
territorial authorities. No discussion is nee
essary in regard to the general policy Of Con-
! gress, respecting the territories OF the United
States, aud only wish now to refer to SO
much OF that policy as concerns their judicial
affairs and the enforcement of the laws
within their borders. No material diff
! ferences are found in respect to these matters
4 in the organic acts of the territories, but an
4 examination of them will show that il has
been the invariable policy of Congress to
4 place and keep their civil and criminal iuris-
| diction with certain limited exceptions In the
/ hands Of persons nominated by the President
| and confirmed by the Senate, for the general
administration Of justice should be prescribed
/ by Congress by constitutional enactment.
! Sometimes the power given to the territorial
! legislature has been somewhat larger aud
/ sometimes somewhat smaller than the power
generally conferred. Never, however, have
| powers been given to territorial legislature
/ inconsistent with the idea that the general
judlcature of the territory was to be
under the national government. Accord
ingly, the organic law creating the ter
ritory of Utah, passed September 9th,
| 1859, provided for the appointment
of n supreme Court, the judges of which are
judges OF the District Courts, clerk, mar
shall, and an attorney, and TO these federal
officers is cOufded the jurisdiction in all inn
portaut matters; but as decided recently by
II Supreme Court, the act requires the jurors
to serve and in these courts to be selected in
such a manner as the territorial legislature
sees fit to prescribe Ii has undoubtedly been
the desire of Congress, so far as the same
might be compatible with the supervisory con-
troll of the Federal Government. to leave tine
minor details connected with the administra-
ton OF the law to the regular local authority,
but such a desire Ought not to govern
when the effect will BE-, owing to the
peculiar ciIcums tances of the case, to produce
conflict between the Federal aud territorial
authorities, or to impede the enforcement of
the law, or III any way to endanger the peace
and good order Of the territory. Evidently it
was never intended to trust the territorial
legislature with power which would enable 1t,
by creating ju features OF its own or increas-
ing the jurisdiction Of the courts appointed by
territorial authority. although recognized bv
Congress, to take the administration 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
make it apparent that in both of these
respects the territory of Utah re-
duires special Legislation by Congress.
Public opinion in that territory, produced by
circumstances too notorious to require further
notice, makes 1t necessary, in my opinion, in
order to prevent the miscarriage CT justice and
to maintain the supremacy OF tue laws of the
United States, and OF the Federal Government,
10 provide tina tthe election OF grand and ~ tit
jurors for the District Court, if not put under
the control of 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 to pass some act which shall deprive the
probate courts, or any court created by the
/ territorial legislature OF any power to inter-
fere with or impede the action of the courts
held by the United States Judges. | am con.
WINGED that 80 long as Congress leaves the
selection of Jurors to the local authorities, it
Will be futile to make an effort TO enforce
law not acceptable TO majority OF the people
OF the territorv or which interferes with pre-
JUDGES. II provides for the punishment Of
polygamy or any Of its affiliated vices or
crimes. Iprosume that Congress, in passing
on this subject VIII provide ali reasonable and
proper safeguards % secure honest and COM
petent jdrors, whose verdict will commend
confidence and be guarantee of protection
to good and law-abding citizens, and at the
same time make il understood that crime can
not be committed with mpUuity.
have before said that while the laws crea-
ting the several territories have generally con-
tanned uniform provisions IN respect OF the ju-
dietary, yet Congress has occasionally varied
these provisions m minor details as the cir
/ cumstances or the territory affected seemed
! q demand, and IN creating the territory OF
Utah Congress evidently thought that the cir
cumstanccs there might require judicial reme-
dies not necessary In other territories, for by
/ q section ct the act creating that territory IL
/ Is provided that writ OF error may be brought
4 from the decision Of Judge OF the supreme
/ or District courts of the territory to the SUI
preme Court Of the United States upOn any
/ writ OF kaJedS corpus involving the qdes-
7 tion OF personal trecdOm-a provision
never inserted in any other territorial
act except that creating the territory
\ OF New Mexico. This extraordinary
provision SHOVE that Congress intended 10
\ mould the organic law to the peculiar neces-
sity OF the territory, and the legislation which
I is now recommended Is IN full harmony with
the precedent thus established. i am advised
that United States Courts ia Utah have been
embarrassed by the action of the Territorial
( Legislature In conterrng criminal jurisdiction
and the power to issue wits of hdbeGS corpus
on probate courts in the territory, and by
] their consequent interference with the admin
/ istratiou ofJusticc. Mamtesily the Legisla-
/ turo OF the territory cannot give 90 any court
whatever the power 10 discharge by hGbe1S
corpus person, held hy process from the
courts created by Congress ; bat complaint Is
made hat persons SO held have been dis.
charged in tuat way hy probate courts.
tAlUoN tOUht tAdl CONGRESS viii agree
with me that such state OF things ought not
TO he tolerated and that no class OF persons
anywhere should be allowed tu treat the laws
a. the United STATES with open defiance ald
contempt. Apprchenslous are entertained
\ thatif Congress aujourus without action ON
I this subject turbulence and disorder VIII iol-
I Tow, rendering military me ricrucc nccgs-
sary, rgsu. / should greatly Jerrecate; and
in view 81 tins aud other obvious c0usitoya.
\ TONS earnestly recommend that Congress
Y go the pf. sg0t session, pass am ace when Will
tuatic the District Courts ot Utah ta proceed
WITH independence aud ouelluyy u tHo adj
mimstrauun q. law and justice.
L. S. GRANr.
T'N...t .v. NTar.t,H E.t "A TG-o