New-York tribune., 1873-02-15
THE JUDICIAL TROUBLES IN UTAH.
NO LEGISLATION PROBABLR-oPP0sITTON TO THx
ADMINISTRATIONS WARFARE UPON TIE NOR
MONS.

MONS.
GBY TELEGRAPH TO THE TRI5UNEl
WASHINGTON, Feb 1.-The Presidents message
on the Mormon question. the substance Of which
was printed in THE TRIBUNE week ago, was sent
TO Congress to-day. 1t is hardly probable that any
legislation such as that recommended will pass this
session. Senator Frenghuysen's bill may possibly
| get through the Senate, though even that is doubt
full, but the House will not be likely TO reach it.
Many of the leading members of both Houses look
! with disfavor on this Administration raid the
Mormons. Several Of them were in Utah last Sum-
mer and feel sure that, far as legislation Il do
manded by the Gentle population, the motive "a
more personal and selfish than otherwise. They
say as far as they could learn the laws except those
which are construed to forbid poygamy are ~ much
respected there as in any Of the Territories but the
Mor1nons have made Utah an oasis in the great
American desert. a country the value of which Is
only lust becoming appreciated The Gentles look
with covetous eyes upon the rich possessions Of tho
MormOns.
They know that az the mining resources OF tho
Territory are developed every acre of arabic land
will increase in value. They know that the Nor
mons have for several years been contemplating
moving southwark in body to escape persecution.
and they hope that if Congress can be induced 70
pass a few oppressive measures, the whole body OF
them will go away, and either abandon their rich
The intensely partisan character of the news that Is
sent from Salt Lake City to the Eastern press has
also been remarked by many members of Congress-
as well as the outrageous misrepresentation to Con-
gress and the President of the Territorial laws and
the state of society in Utah.
The men who will oppose legislation TO enable
Gentiles to oppress the MormOns have no sympathy
with the system of poygamy practiced by them.
but they believe in legislation that shall not at
present disturb family relations but which shall
prevent the contraction of poygamous marriages IN
the future. This they think the Mormons would
agree TO but they are afraid that if the Admins
trarion policy is carried out may have only an
other illustration of the old adage that the blood
of the martyrs is the 5sed of the church"
A MESSAGE FROM PRESIDENT GRANT ON THE
STATE OF AFFAIRS-CONGREsS ASKED 20
PREVENT BY LEGISLATION SERIOUS CON-
FLICT BETWEEN FEDERAL AND TERRITORIAL
COURTS.
GENERAL PRESS DISPATCHI
WAsHrNGToN Feb. 1.-THE President sent the
following message to Congress to-day:
To The Senate and House Of Representatives. consider
it my duty to call the attention of Congress to the con
don OF affairs in the Territory OF Utah. and to the
dangers likely to arise 1t continues during the coming
recess from threatened conflict between the Federal
and Territorial authorities. No discussion Is necessary
in regard to the general policy OF Congress respecting
20 refer to much of that policy concerns their JUDI
cia affairs and tho enforcement OF law within their
borders material differences are found IN respect To
these matters in the organic acts Of the Terrtoree, but
an examination of them will show that 1t has been the
nvarable policy OF Congress TO place and keep their
civil and criminal Jurisdiction. with certain limited OK
cepton in the hands persons nominated by the Pres
dent and confirmed by the Senate, and that the general
administration of justice should be prescribed by Con-
gress enactment. Sometimes the power given to
the Territorial Legislatures has been somewhat
larger and sometimes somewhat smaller than tho powers
generally conferred Never, however, nave powers been
given to Territorial Legislature inconsistent with tho
idea that the general judcature OF the Territory was to
be under direct supervisor OF the National Govern
Accordingly, the organic law creating the Terri
tory Utah, passed Sept o. 1859, provided for the s
pOntment OF Supreme Court Uhe Judges OF which ara
Judges OF the District Courts) Clerk Marshal and
an Attorney; and to these Federal officers Is conhded
the Jurisdiction in all important matters. But, as de-
cided recently by the Supreme Court the act requires
the Jurors in these courts 10 be selected IN such
manner the Territorial Legislature sees ht TO pre-
scribe undoubtedly been the desire Of Congress.
so far as the might be compatible with the super
vlsory OF the Federal Government to leave the
minor details connected with the administration OF Law
to regulation by local authority; but such desire
ought not govern when the effect will be- owing to thu
peculiar circumstances Of the case. 10 produce q
conflict between the Federal and the Territorial author
es impede the enforcementof Of law, in wsy
Evidently 1t was never intended to intrust the Terri.
toral Legislature with power which would enable IT, 10y
creating udcatures OF s increasing the jurts
dicon OF courts appointed by Territorial authority, al
ton OF the Law out the hands OF judges appointed by
the President to interfere with their action Several
years OF unhappy experience make 1t apparent that IN
both OF respects the Territory OF Utah requires
special legislation BY Congress Public opinion ia that
Territory produced by too notorious tOre
duire further notice. makes it necessary, in opinion.
IN order 20 prevent the msSarLage 81 Justice and to
and OF the Federal Government, TO provide that
the selection Of grand and peut jurors Tor the
District Courts not put under the control OF Federal
officers shall be placed in the hands or persons entirely
independent Of those who determined not 10 enforca
pass which shall deprive the Probate Courts,
any court created by the Territorial Legislature OF any
power to interfere With or impede the acton 9l ana
that long Congress leaves the selection Of jurors 70
the local authorities will be futile 30 make any enor
10 enforce laws not acceptable to majori y OF ths
people OF the Territory or which nierfees with local
or any OF s affiliated vices crimes presume that
Congress in passing upon This subject Will provide an
reasonable and proper saieguards t. secure Dohes.
maud cOndienee and be guaranty OF eguai
protection to all good ana hw'aTlGns c%In,; bs;
crime cannot be committed with impunity have be-
fore SAID that while the laws creating ne seyer.i iuri
respect Of the Judiciary yet Congress has Occasionally
varied these provisions in minor details as the
stances of the Territory affected seemed Ia demand;
and creating the Territory OF Utah CONGRESS evident
lv tbonrht that circumstances there might require ju-
dcal remedies not NECESSARY ~ 9ter Ierrll9 tQr,
6y secto1 o the act creating that Territory IL Is Drd>
yded writ OF error may De brought from the de:
cison OF any Judge supreme District Courts OF
the Territory the supreme Court OF the Untod Sate
upon any writ OF haOeas CORPUS involving the Question
other territorial act except that creating the Territory
o. ht Cni intcnJeJ to moIi the orl1nic law 20 the
peculiar necessities OF the Territory, and the legislation
which now recommend IS In full harmony with ths
precedent thus established.
am advised that the United States Courts in Utah
have greatly embarrassed by the action Of the Ter
Ipu m