The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1873-02-15

What Is Needed to Enforce ODE.
dience to Law.
The General Policy Of Congress Respecting
the Territories of the United States.
mo Persons Anywhere Should Be Allowed to
Treat tho Laws with Open Def
ance and Contempt"
WASHINGTON, Feb. II, 1S73. /,
/ the following message to Com

gress to-day
To THE SENATE AND HOUSE OF REPREsENrArTvEs:-s
I consider 1t my duty to call the attention OF
Congress the condition OF affairs in the Territory
OF Utah. and to the dangers likely to arise II 1t con-
tinues during the coming recess, nom threatened
conlict between the federal and territorial authors
ties es ~ M
No discussion is necessary in regard to the gem.
eral policy of Congress respecting the Territories
of the United States, and only wish now to refer
much OF that policy as concerns their judicial
ansirs and the enforcement Of law within their
borders No material differences are found in re-
spect to these matters in the organic acts
of the Territories, but an examination
OF them will show that 1t has been the invariabe
policy OF Congress to place and keep their civil and
criminal Jurisdiction, with certain limited excep-
lions, In the hands Of persons nominated by tho
President and confirmed by the Senate, ana that
the general administration of justice should be as
prescribed by Congressional enactment. Some
times the
POWER GIVEN TO THE TERRITORIAL Legislatures
has been somewhat larger and sometimes some-
what smaller than the powers generally conferred:
Never, however, have powers been given to Ter
rtoria Legislature inconsistent with the idea that
the general judicature of the Territory was to be
under the direct supervision OF the national gov
ernment Accordingly, the organic law creating
provided Tor the appointment OF Supreme Court,
(the Judges OF which are Judges Of the District
Courts), a clerk marshal and an attorney, ana
to these federal officers is confded the urisdictlon
In all Important matters. But, decided recently
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. 1t has undoubtedly been the desire Of
Congress. SO far as the same might be compatible
wit In vianrv nfro1 Ar tha fpda Oov
ernment to leave the minor details connected with
the administration Of law TO regulation by local
authority; but such q desire ought not to govern
when the effect will be. owing to the peculiar cir
cumstances OF the case, to produce eff
A CONFLICT BETWEEN THE FEDERAL AND THE TERRI
TOkIAL AUTHORITIES
or to impede the enforcement of law, or in any
way to endanger the peace and good order Of the
Territory.
Evidently 1t was never intended to entrust the
Territorial Legislature with power which would
enable It, by creating judcatures OF Its own or
increasing the jurisdiction OF Courts appointed by
Territorial authority, although recognized by
Congress- TO take the administration Of the law
out OF the hands Of judges appointed by the Presi.
dent, or to interfere with their action. Several
years OF unhappy experience make 1t apparent
that in both OF these respects the Territory of Utah
requires special legislation by Congress. Public
stances too notorious to require further notice.
makes it necessary IN my opinion, In order to pre-
vent the miscarriage OF justice and to maintain
the supremacy of the laws OF the United States
and OF the federal government, to provide that
THE SELECTION OF GRAND AND PETIT JURORS
for the District Courts II put under the control
of federal officers, shall be placed the hands Of
persons entirely independent of those who are de-
termined not to enforce any act OF Congress obs
1,Ioo otx hi.v~
shall deprive the Probate Courts or any Court cre-
ated by the Territorial Legislature, Of any power to
interfere with or impede the action Of the Courts
held by the United States Judges.
lam convinced that SO long as Congress leaves
the selection OF jurors to the local authorities 1t
will be futile to make effort to enforce laws not
acceptable to majority Of the people OF the Terri
tory or which interferes with local prejudlces or
provides for the punishment Of polygamy or any
of its an1liated vices or crimes.
presume that Congress- in passing upon this
subject, will provide all reasonable and proper
safeguards to secure
HONEST AND COMPETENT JURORS,
whose verdicts will command confidence and be o
guarantee OF equal protection to all good and law.
abiding citizens, and at the same time make it un-
derstood that crime cannot be committed with inn
punity. l have before said that while the laws
creating the several Territories have generally
tanned uniform provisions III respect or the judi.
ciary, yet Congress has occasionally varied these
provisions In minor details as the cir
cumstances OF the Territory affected seemed
to demand, and, In creating the Territory
OF Utah, Congress evidently thought that circum-
stances there might require judicial remedies not
necessary In other Territories for by section Of
the act creating that Territory II Is provided that
writ OF error may be brought from the decision Of
any Judge OF the Supreme District Courts OF the
Territory to the Supreme Court Of the United
States upon any writ Of habeas corpus involving
the question OF personal ireedom-a provision
never inserted in any other Territorial act except
that creating the Territory Of New Mexico. This
extraordinary provision shows that Congress In
tended to mould the organic lawto
THE PECULIAR NECESSITIES OF THE TERRITORY,
and the legislation which now recommend Is IN
full harmony with the precedent thus established.
I am advised that the United States Courts IN
Utah have been greatly embarrassed by the ACTON
OF the Territorial Legislature In concerning crmnal
Jurisdiction and the power to issue wrts Oh haocas
corpus on Probate Courts In the Territory, ana
by their consequent interference with the admins
tration OF justice. Manifestly the Legislature OF
the Territory cannot give to any Court wnatever
the power to discharge by habeas corpus persons
held by or under process from the courts crea'eo
BY Congress; but complaint is made that persons
so held have been discharged In that way by the
Probate Courts. Ell.
cannot doubt that Congress viii agree with ma
that such state Of things ought not longer to be
tolerated, and that no class OF persons anywhere
should be allowed to treat the laws OF the United
states with open defiance and contempt
Apprehensions are entertained that II Congress
adjourns without any action upon this subject tur-
buence and disorder will follow, rendering military
interference necessary-a result should greatly
deprecate-and in view OF this and other obvious
considerations earnestly recommend that Con-
gress At the present session pass some act which
will enable the District Courts Of Utah to proceed
with independence ana efaciency in the admins
xrat,or ~ IN vv "a ,~st,co q GRANT.