Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1873-02-15
Affairs in Jiail-MesSs,gc OF the Pres
ideuf

S.'nSlSS' IcS'tlu
10 tie .Senate and HouSe Of Repre- entatirss:
consider Ii my duty 10 call the attention OF
Congress to the condition of affair: in the Ter
rlt"ry ol Utah, and 10 the d!gcrs likely to arise
If 1t continues during the coming recess from II
,hrca;encl conflict between the Federal and
Territorial authorities.
~ discussion is necessary in regard TO the
genera! policy OF Congress respecting the Terri
tories of the Uiis, i States AMI only wish now
to refer to SO much Of that policy as Concerns
their judicial affairs ami the enforcement of law
within their borders.
y . material differences are found in respect
TO the u matters in the organic acts of the Ter
rlt"rl's but al examination OF them VIII show
that it has been the i:lvarisble 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 gen
cc.l administration OF justice should be rs pre-
>cribed by Congress ional enactment. sometimes
the power given TO the Territorial legislatures
has been somewhat larger, and 80 netmcS s1me-
what smaller, than the powers generally confer
ed. Never, however have powers been given
to Territorial Legislature inconsistent with the
idea that the general jud!cature of the Terrlt ry
WIS to DC under the direct supervision of the
National Government.
Accordingly. the organic law creating the
Territory ii Utah, passed February s. 1850
provided Tor the appointment OF Supreme
Court, TIC judges Ul which the judges " the
District Courts II cl.rk n marshal a:d all At.
to-ncy, and u these Federal officers Is conhdeQ
jurisdiction III al important matters; but, ~
decided Recently ~ the Supreme Court, the act
require. the jurors TO in THESE courts to be
selected IN such manner aS tie Territorial Leg
is.a.ure secs Tt 10 prescribe. 1t has Gndou btedly
been the drsrc OF Congress, lar the saIu:
might be com pntlble with the supervisory con-
tro. OF the Federal Govcrnu,c t. To leave the
minor details conLectui with the administration
OF law to regulation BY local authority; bat such
u desire ought not 10 govern whtg the elect Viii
he. owing u the peculiar circumstances Of the
case, 10 produce conf CT between the FEDERAL
ard Territ rial aIltnoriti :, or to impede the en-
turcement OF !.w, or IL any way 10 endsnge-
he p and good order Of tae Territory.
Evidently il was never intended to cnt;usI the
Torri.orial Legislature with power which would
enable it, by creating jidica;ures Of its own, or
Increasing the Jurisdiction Of courts appoi:-tel
by Ter tor author;y-sitjough recog lied
by C"ngrcss-tu take the administration OF the
law out OF the hands Ot the judges appointed by
the Prs "nt. or u intcrt re with their action
Several years OF unEarpy experience ma he
il .r:'aren; that in both al lh"sc respects the
Territory OF l:un requires special legislation
By Congress. Public opinion in That Terri
tory, produce! By CIRCUMSTANCES too notorious
u require further notice, III keS 1t necessary
in NY Url. lon. in ur,;cr 10 prevent the msc.r
rl.gc OF justice, aud t" ina main the supremacy
0: the luw, Of the Uni cd States and OF the Fede
RAJ Government, 10 lrnvi u thn. the selection Of
grand and petit Jurors for the D.tri., Courts, if
Int put under the control Q! Federal otii cr>
shall DC placed Ii the hands Of pcr>o!.s entirely
independent q: those who are determined not -
enforce Any act OF Congress uhHoAlpuS To them
aad ais u pass some act which shall deprive
the Probate Courts, oruny courts created by the
Territorial Lcri stature of ANY r,w.r Ia interfere
vii, or iup,c,. IN, action OF lie courts held hv
the Fitted States Judges.
am r.,nyirr,.; tr,, 50 L,,c a. C,rrr...
l.,y.. t@n .,l,cijuo ,fi,r,rs ,ut,7, inrI
rjr. i vi b.. iuiil,.,, maxi. snv fE,rr r. ,n-
i,rr,. ;w. not .,,r,.,,t Ll rlui,,ri,,. If tho
p.,.p,. + the Tcrtit ,rr. or which int. i;.-rs With
10 y; pr IN lies or ,T.iv;d,- for IN. ru,ishm. I
o. p,!y.a.nv or ANY ui Its Affiliated vices or
cr,..cs.
p.,Sllnc that Crnpr,. : in p.s>ii,r upon thi.
subject vi r..yiI. III, r..,n able. And ,,r .rcr
.,,.Lar,..l cur. honest and .ll,.arti.I i urnrs
wn, - ycrI ct VIA culnlnn. d co:hI,ncr AID b..
.sli-fu tc,. -! "A pr,..ct.tt.,u 1, All good and
law ahi.ir c!tiZr4s ana nj tie same time make
il unucr.t 81 that G ..c ca,rIut nc e committed
" I'm i'm. unity
h:,y,. i. =. said ,h wi,iir tho law. creating
tn. several Tcrr.t res avn r,,.r-,, * r,nt,I,rI
,I,if ru, rrny;,;o. in r,.,p..r al ih, iu1 .c;4rv
VT run%r.s. iI;,- occu.l,,,,ll, varied th.,c pro
vii ,r, il nj DIT il. ~ The c,rc,,yutu,,c~s Of
the re. ritnry arf.t i ,rrm - demand and in
e.. III: t.- T"rrit ~ oi 18th Congress evident
!; ii ugNt ,lltt Gl:cln- IL icrr lnlEht r.
Gl - / ,Ii,i,I lem die. hot necessary in other
Territories FIR by section nj q al the act Great
ir1. tint Territory il is rr yi.eI thai y wri, of
rrr,rH.:, b.. brought .!u,u the G,clsoD OF any
Judge of ti.e supreme, or District Courts Of The
I"-: iI"rr I" the >u?r"m. Courts Of the United
:,te>. upon any writ o! habr.t> c. rpus i:.vov-
i 9 the Question of personal freedom II prDv
sion He"cr Inserted: in Any "ther TeErit"risi act,
except TIA. creating the 1cTrrt'rJ Of New
MeXlc'.
This extraordinary provision show: that Con-
peculiar Necessities of tue Territory. and the
legislation W.icn l row recommend Is IN tui!
Tarmi"S WI, , tne '.eJ"e.t tnT' r.tap' 14,
bsvn been yrcsiiv 't'srrass"d ~ the sr,ion Of
the Territorini Legislature in conftrring crimi
nal Jurisdiction, and the power u issue Ssrits of
habeas corpus IN Probate Courts in the Terrific
~ ana hy their co. >equeht interference with
'ns aan,ii'.S.r. .h 81 JnS1ce: m tim T-;.
% nn w. ",.v cr. wh",.Uor tho norar -,
di. charge BY haDyas corpus, persons held by or
under process from the courts crented by Con.
grc<s; but c,mpaint is ma lie that persons go held