Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1873-02-15
FROM WASHINGTON,

Washington, D. c., a. The Pre- sideni
sent the following message 10 Congress to-
day:
To the Senate and House of Representa-.
tives Il consider it my duty to call the at
tention OF Congress to the consideration of
affairs in the territory of Utah, and to the
dangers likely to arise if it continues during
the coming recess. from a threatened con-
hct between the federal and territorial au-
thorties. No discussion is necessary in re-
gard to the general policy of Cousress re-
speeding the territories of the United States,
and only wish now to refer to so much of
that policy as concerns their judicial affairs
and the enforcement of law within their bor-
ders. No material differences are found in
respect to these matters in the organization
acts of the territories, but an examination of
them will show that it has been the invariable
act Of Congress to place and keep their civil
and criminal jurisdiction, with certain limited
exceptions, in the hands of persons nominal
ed by the President and confirmed by the
Senate, and that the general administration
of justice should be as prescribed by congress
sional enactment. Sometimes the power
given to the territorial legislatures has been
somewhat larger and sometimes somewhat
smaller than the powers generally conferred.
Never, however, have powers been given to r
territorial legislature inconsistent with the
idea that the general judicsrure of the terri
tory was to be under the direct supervision Of
the National government. Accordingly the
organic law creating the territory of Utah
passed September 8, 1850, provided for the
appointment OF Supreme court, (the judges
of which are judges of the district court) n
clerk, a marshal and an attorney, and to
these federal offcersis confided the jurisdic-
ton in all important matters, but as decided
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 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 federal govern
ment, to leave the minor details connected
with the administration Of law TO tho regula-
ton of local authority, but sncA a desire
ought not to govern when the effect will be
owing to the peculiar circumstances of case
to produce conflict between the federal and
territorial authorities, or to impede the en-
forcement of law, or in any way to endanger
the peace and good order of the territory,
Evidently, it Was never intended to entrNs'
the territorial legislature v It'll power which
which would enable ii, by creating ju1icatur-
es of its own or Increasing the juris lotion oi
the courts appointed by territorial authority,
although recognized by Congress to take ad-
ministration of law out of the hands of the
judges appointed by the President,or to inter-
fere with their action. Several years of I'M
happy experience make it apparent in both
these respects that the territory of Utah re-
quires legislation by Congress public opinion
in that territory produced by circumstances
too notorious to require further notice makes
it necessary, in my opinion, to prevent the
miscarriage of justice and maintain the su.
premacy of the laws Of the United States and
of the federal government, to provide that the
selection of grand and petit jarors for dis
trict courts; it net put under the contro
of federal oficere, shall be placed in tn,
hands of persons entirely Independent o
those who are determined not to enforce any
act of Congress obnoxious to them, and alsG
to pass some act which shall deprive thu
probate courts, or any court created by tn
territorial legislature of any power to inter
fere with or impede the action Of The court
held by the United States judges. l am con
vinced that so long as Congress leaves tn
selection of jurors to the local authorities
will be futile to make any effort to entorc
laws not acceptable to a majority of the PEG
pie of the territory, or which interferei
with local predjudices or provides for tn
punishment of polygamy or any of its affilia
ted vices, or crimes.