The Republican journal. [volume] (Belfast, Me.) 1829-current, 1873-02-20
The Mormon Question

| 10 THE SENATE AND HOUSE OF REPRE-
| SENTATIVES:
| consider il my duty to call attention
of Congress to the consideration of affairs
in the Territory of Utah. and to the dan.
| gers likely to arise. if it continues durin .
the coming recess, from a threatened con
flict between the Federal and Territorial
/ authorities. No discussion is necessary in
regard to the general policy Of Congress
respecting the Territories of the United
States and only wish now to refer to so
much of that policy us concerns their ill-
dicial affairs and the enforcement of law
within their borders. No material differ
ences are found in respect to these mat
tiers in the organic acts of the Territories.
but an examination of them will show
that it has been the invariable act OF Con
gress to place and keep their civil and
criminal jurisdiction, with certain limited
exceptions, in the hands of persons nom-
| mated by the President and confirmed bv
the Senate, and that the general admins
tration of Justice should be as prescribed
by Congressional enactment. Sometimes
the power given to the Territorial Leois-
atures has been somewhat larger and
sometimes somewhat smaller than the
powers generally conferred. Never. how
ever. have powers been given to a Terri
torlal Legislature inconsistent with the
idea that the general ndicature of the
Territory was to be under the direct super
vision OF the National Government.
Accordingly the organic law creating
the Territory Of Utah passed September
9th, 1850, provided for the appointment of
supreme Court (the Judges of which
| are Judges of the District Court, q clerk,
a marshal, and an attorney, and to these
Federal officers is confded the iurisdic-
ton in all important matters, but as de-
| cided recently by the Supreme Court, the
act requires the Jurors to serve in these
courts to be settled in such a manner as
the Territorial Legislature sees fit to pre-
scribe. 1t has undoubtedly been the de
sire OF Con gress, so far as the same might
he compatible with the supervisory con
troll of the Federal Government. to leave
the minor details connected with the adj
ministration of law to the regulation of
local authority, but such q desire ought
not to govern, when the effect will be.
| owing to the peculiar circumstances Of
Il case, to produce a 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 it was never
intended to entrust the Territorial Legis-
lature with power which would enable it
by creating judicatures of its own or in
creaSing the Jurisdictions OF the courts
appointed by Territorial authority, al
though recognized by Congress. to take
the administration of the law out Of the
hands OF Judges appointed by the Presi-
dent, OF to Interfere with their action.
Several years Of unhappy experience
makes it apparent, in both these respects,
that the Territory of Utah requires special
legislation by Congress. Public opinion
IN that Territory, produced by circum-
stances too notorious to require further
notice, makes it necessary in my opinion
to prevent the miscarriage of Justice and
to maintain the supremacy OF the laws Of
the United States and OF the Federal Coy
eminent, to provide that the selection of
grand and petit jurors for District Courts,
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 other court created
by the Territorial Legislature, of any
power to interfere with or impede the ac-
ton OF the courts held by the United States
Judges. | 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 ac-
ceptable to Il majority Of the people of the
Territory. or which interteres with local
prejndices OF provides tor the punishment
OF Polygamy on any OF its affiliated vices
OF crimes. | presume that Congress in
passing on this subject will provide all
reasonable and proper safeguards to Sc
cure honest and competent jurors, whose
Verdlcts will command confidence and be
guaranty OF equal protection to AL good
and law-abding citizens, and at the same
time make it understood that crime cannot
be committed with impunitv.
| have before said that while the laws
creating the several Territories have gen
orally contained uniform provisions in re-
spect to the Judiciary, yet Congress has
occasionally varied these provisions in
MINOR details, as the circumstances of the
territory affected seemed to demand and
IN creating the Territory of Utah Con
gress evidently thought that circumstances
there might require judicial remedies not
necessary in other territories, for by see
ton of the act creating that Territory
II IS provided that writ OF error may be
brought from the decision of any Judge
of the Territory to the Supreme Court of
the United States, upon any writ of habeas
corpus involving the question Of personal
freedom-a provision never inserted in
any other territorial act except that Great
mo tho Tarritpry, Of
extraordinary provision shows that Con-
gress intended to mould the organic law
TO the peculiar necessities of the Territory,
and The legislation which | now recon-
mended is in full harmony with the pre-
cedent thus established. | am advised
that the United States Courts in Utah
have been greatly embarrassed by the ac-
ton OF the Territorial Legislature in con
terring criminal jurisdiction and the pow
ers TO issue writs Of haheas corpus in Pro-
bate Courts created by Congress, but a
compliant Is made that persons have been
discharged in that way by the Probate
Courts. | cannot doubt that Congress
will agree with me that such q state of
things ought not longer to be tolerated,
and no class of persons anywhere should
be allowed to treat the laws of the United
States with open defiance and contempt
Apprehensons are entertained that if Con-
gress adjourn without any action upon
this subject turbulence and disorder will
follow, rendering military interference
necessary, a result | should greatly de-
precate, and in view of this and other
obvious consideration | earnestly recon-
mend that Congress, at the present session,
pass some act which will enable the Dis
trlct Courts of Utah TO proceed with in
| dependence and efficiency in the admins
tration of law and Justice
(SigneD u. S. GRANT.
EXECUTIVE MANSION, Feb. 10, 1873
Probate Court.