Wood County reporter. [volume] (Grand Rapids [i.e. Wisconsin Rapids], Wis.) 1857-1923, 1873-02-27
President Grants Message Relating to
Affairs in Utah.
The President sent the following


Affairs in Utah.
The President sent the following mes
sage to Congress on the 18th:
To the Senate and House of Representatives:
L consider it my duty 10 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 only wish now
to refer TO SO much of that policy as con-
Germs their judicial affairs and the en-
forcement 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 in
variable policy of Congress 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 en-
actment Sometimes the power given to
the Territorial Legislature has been some
what larger, and sometimes somewhat small
er than the power generally conferred.
Never, however, have powers been given to
the idea that the general iudicature of the
Territory was to be under the direct super
vision of the National Government. Accord
ingly the organic law creating the Territory
of Utah, passed September g. 1859, provided
for the appointment Of a Supreme Court,
the judges of which are judges of the
District Courts, clerk. a marshal and
an attorney, and to these Federal off
GERS is contided 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 manner as the Territorial Legisla-
ture sees fit to prescribe. It has undOuDted-
" 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 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. Ev-
identity it was never intended to in
trust the Territorial Legislature with
power which would enable it, by creating
Judicatures 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
United States and Of the Federal Govern
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 per-
sons 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 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 fu-
tile to make any effort to enforce laws not
acceptable to majority of the people of the
Territory, or which interfere with local
preju dces, if they provide for the punish
ment of polygamy or any of it's AFFILIATED
vices or crimes. | presume that Congress,
in passing upon this subject, will provide ali
reason BILE and proper safeguards to secure
honest and competent Jurors whose
verdicts will command confidence and
be guaranty of equal protection
to all good and law abiding citizens,
and at the same time make it under
stood that crirle cannot be committed with
impunity. l Fave before said, while the
laws creating the several Territories have
generally contained uniform provisions in re-
spect to the Judiciary, yet Congress has oc-
casionally varied these provisions in minor
details, as the circumstances or the Territory
affected seemed to demand. And in creating
the Ierrltory OF Utah, Congress evidently
thought that circumstances there might re-
quire judicial remedies not necessary in
other Territories; for by section nine of the
act creating that Territory, it is provided
That writ of error may be brought from
the decision of any Judge of the Supreme or
District Courts of the Territory to the Sn.
preme Court of the United States upon
W Mfi' Oh maosas e0'pss involving the question
oa personal freedom, provision
never inserted in any other Ter
rltorlal act except that creating the Territory
OF New Mexico. This extraordinary provision
shows that Congress intended to mold tho
organic law to the peculiar necessities of the
territory, and the legislation which is now
recommended is in full harmony with the
precedent thus established.
am advised that the United statas Co,r+s
IN Ctah have been greatly embarrassed b 70
tne action of the Territorial Legislature in
comforting criminal Jurisdiction and the
power to issue writs of ha5eas corpus on the
ths;o Courts in the Territory, and by
tnelr consequent interference with the al
mlh!stration of justice. Manifestlv the
legislature of the Territory cannot give to
any court whatever the power to discharoe
ny hooeas corpus persons held by or nnder
process from the courts created by Congress-.
b bat complaint is made that persons SO
ne aa have been discharged in that
way by the Probate Courts. T
cannot :1L doubt that Congress viii agree
WV WIN me That such state of things ought
not longer to be tolerated, and that no class
oI persons anywhere should be allowed to
treat the laws of the United States with
open defiance and contempt. Apprehensions
M arr entertained that if Congress adiourns