Dodgeville chronicle. [volume] (Dodgeville, Wis.) 1862-current, 1873-02-21
President Grants Message Relating
to Affairs i'm Utah.

TO Affairs in Utah.
The President sent the following mes
sage to Congress on the 18th:
To the Senate and House of Representatives:
| consider it my duty to call the attention
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 conflict between the
Federal and Territorial authorities. No dis
cussion is necessary in regard to the general
policy of Congress respecting the Territories
of the United States, and l only wish now
to refer to so much of that policy as con-
Germs their judicial affairs and the enforce
ment of the laws within their borders. No
material differences are found in respect to
these matters in the organic acts of the
Territories, but an examination of them will
show it has been the invariable policy of Con-
gress to place and keep their civil and criminal
jurisdiction, with certain limited exceptions
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
enactment. Sometimes the power given to
the Territorial Legislature has been some
what larger, and sometimes somewhat
smaller than the power generally conferred.
Never, however, have powers been given to
a Territorial Legislature inconsistent with
the idea that the general judicature of the
Territory was to be under the direct super
vision of the National Government. Ac-
cordingly, the organic law creating the Ter
ritory of Utah, passed September 9, 1859,
provided for the appointment of Supreme
Court, the judges of which are judges of
the district courts, clerk, a marshal, and
an attorney, and to these Federal officers
is confided the jurisdiction in all i'm
portant matters. But as decided recently by
Snnrpnon fha mt irnc =, in
rors to serve in these courts to be selected
IN such manner as the Territorial Legisla-
tllre sees fit to prescribe. It has undoubted-
ly been the desire of Congress SO far as the
same might be compatible with the super
visory control 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 to
govern when the effect will be, owing to the
peculiar circumstances of the case, to pro-
duce a conflict between the Federal and Ter
ritorial authorities, or to impede the enforce
ment OF law, or in any way to endanger the
peace and good order of the Territory. Evil
IDENTIFY it was never intended to intrust
the Territorial Legislature with power
which would enablo it, by creating judica-
lures OF its own, or increasing the
jurisdiction of courts appointed by Territor-
ial authority although recognized by Con-
gress, 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
makes it apparent that in both of these re-
spects the Territory of Utah requires special
legislation by Congress. Public opinion in
that territory, produced by circumstances
too notorious to require further notice,
makes it necessary in my opinion, in order
to prevent the miscarriage of justice and to
maintain the supremacy of the laws of the
Init I'D fafA 90 h. ToIa ~
ment, to provide that the selection of grand
and petit jurors for the district courts, if not
put under the control of the Federal officers,
shall be placed in the hands of persons en-
tirely Independent of those who are de-
termined 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 Leg
islature, of any power to interfere with or
impede the action of the courts held by the
United States Judges. l am convinced that
so long as Congress leaves the selection of
jurors to the local authorities it will be futile
to make any effort to enforce laws not &C
ceptable to majority of the people of the
Territory, or which interfere with local pre-
of polygamy or any of it's affiliated vices or
crimes. 1 presume that Congress, in passing
upon this subject, will provide all reasona-
BILE and proper safeguards to secure honest
and competent jurors, whose verdicts will
command confidence and be q guaranty of
equal protection to all good and law-abiding
citizens, and at the same time make it under
stood that crime cannot be committed with
impunity. l have before said, while the
laws creating the several Territories have
generally contained uniform provisions in
respect to the Judiciary, yet Congress has
occasionally varied these provisions in minor
details, as the circumstances or the Terri
off ad n mr. in,
creating the Territory of Utah, Congress evil
IDENTIFY thought that circumstances there
might require judicial remedies not neces-
sary in other Territories; for by section
nine of the act creating that Territory it is
provided that writ of error may be brought
Supreme or District Courts of the Territory
to the Supreme Court of the United States
upon writ of habeas corpus involving the
question of personal freedom, a provision
never inserted in any other Territorial 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
is in full harmony with the
precedent thus established.
l ana advised that the United States Courts
in Utah have been greatly embarrassed by
the action OF. the Territorial Legislature in
COu1Cl1iuS JuIloulCtlOu anu buc pow
er to issue wriGs of habeGs corpus on the Pro-
bate Courts in the Territory, and by their
interference with the administra-
ton of justice. Manifestly the Legislature
of the Territory cannot give to any court
the power to discharge by ha5eas
corpus persons held by or under process
from the courts created by Congress; 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 the laws of the United States
with open defiance and contempt. APP
prehensions are entertained that if Con-
gress adjourns without any action upon this
subject, turbulence and disorder will follow,
rendering military interference necessary,
result should greatly deprecate. In view
of this and other obvious considerations, I
recommend that Congress, at the
present session, pass some act which will
enable the District Courts of Utah to pro-
coed with independence and efficiency in the
of law and justice.
, H ~ U. s. GRANT.
EXECUTIVE MANSION, Feb. IA, 1873.