Eaton weekly Democrat. [volume] (Eaton, Ohio) 1866-1875, 1873-02-27
THE MORMON

THE MORMON PROBLEM.
The Danger of a conflict Between the
Federal and Territorial Authorities in
Utah--The President Calls the Atten-
ton of to the Subject.
The President has sent the following mes
sage to Congress:
TO the Senate and House of Representatives
1 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 a conflict between the Federal and Terri
tsrial authorities. No discussion is necessary
in regard to the general policy of Congress re-
speeding the Territories of the United States,
and 1 only wish now to refer to so much of
that policy as concerns their judicial affairs
and the enforcement of laws within their Dor
ders. 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 it has been the invariable policy of
Congress to place and keep their civil and
criminal Jurisdiction, with certain limited ex-
captions, 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 en-
actment. Sometimes the power given to the
Territorial Legislature has been somewhat
larger, and sometimes smaller than
the power generally conferred. Never, how
ever, have powers been given to a Territorial
Legislature Inconsistent with the idea that
the general judicature of the Territory was to
De uQQoT Lu0 QIoCI super 1 VI bl0 " q
tional Government. Accordingly the organic
law creating the Territory of Utah, passed
Sept. 9, 1858, provided for the appointment of
a Supreme Court, the judges of which are
judges of the district courts, a clerk, q mar
shall, and an attorney, and to these Federal
officers is confided the Jurisdiction in all i'm
portant matters. But, as decided recently by
the Supreme Court, the act requires the jurors
to serve in these courts, to be selected In such
a manner as the Territorial Legislature sees
fit to prescribe. It has undoubtedly been the
desire of Congress SO far as the same right be
compatible with the supervisory control of the
Federal Government to leave the minor de-
tails connected with the administration of law
to regulation by local authority, but such a de-
sire ought not to govern when the effect Will
be, owing to the peculiar circumstances of the
case, to produce q 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 intrust the
Territorial Legislature with power which
would enable it, by creating judicatures of its
own, or increasing the Jurisdiction of courts
appointed by Territorial authority although
recognized by Congress, to take the admins
tration of the law out of the hands of the
judges appointed by the President, or to in
terfere with their action. Several years of
unhappy experience makes it apparent that in
both of these respects the Territory of Utah
requires special legislation by Congress. Pub
lie opinion in that Territory, produced by cir
cumstances 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 United States and of the Federal
Government, 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 entirely independent of those who
are determined not to enforce any act of Con-
gress obnoxious to them, and also to pass
some act which shall deprive the Probate
Courts, or any court created by the Territorial
I6QlalatureL of anV mower to Interfere with
or impede the action of the courts held by the
United States judges. I am convinced that 30
long as Congress leaves the selection of jurors
to the local authorities, it VIII be futile to
make any effort to enforce laws not acceptable
to a majority of the people of the Territory or
which interferes with local prejudices, or pro-
vides for the punishment of polygamy or any
of its affiliated vices or crimes. 1 presume
that Congress, in passing upon this subject,
will provide all reasonable and proper safe
guards to secure honest and competent jurors
whose yerdicts will command confidence and
be a guaranty of equal protection to all good
and law-abiding citizens, and at the same time
make it understood that crime cannot be COM
mitted with impunity. I have before said,
while the laws creating the several Territories
have generally contained uniform provisions
in respect to one Judiciary, yet Congress has
occasionally varied these provisions in minor
details, as circumstances or the Territory af-
fected seemed to demand. And in creating the
Territory of Utah, Congress evidently thought
that the circumstances there might require
judicial remedies not necessary in other Ter
ritories for by section nine of the act Great
ing that Territory, it is provided that-a writ of
error may be brought from the decision of any
Judge of the Supreme or District Courts of
the Territory to the Supreme Court of the
United States upon any writ of habeas corpus
involvin9the question of personal freedom, a
provision never inserted in any other terrific
rial 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
recommended is in full harmony with the prec-
edent thus established.
1 am advised that the United States Courts
in Utah have been greatly embarrassed by the
action of the Territorial Legislature in con-
ferring criminal jurisdiction and thepower to
in the Territory, and by their consequent in
reference with the administration of Justice.
Manifestly the Legislature of the Territory
cannot give to any court whatever power to
discharge by habeas corpus persons held by or
under process from the courts created by Con-
gress but complaint is made that persons so
held have been discharged in that way by the
will agree with me that such a state of things
ought not longer 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. Apprehen-
sions are entertained that if Congress adjourns
without any action upon this subject, turbu-
lence and disorder will follow, rendering mill
greatly deprecate. In view of this and other
obvious considerations, 1 arnestly comm
that Congress, at the present session, pass
some act which will enable the District Courts
of Utah to proceed with independence and eff
cheney the administration of law and Justice.