The Cairo bulletin. [volume] (Cairo, Ill.) 1872-1878, 1873-02-19

tration Of the law to regulation by local
authority but such decree ought not to
govern when the effect will be owing ~
the peculiar circumstances OF the case 10
produce conflict between the federal ana
the territorial authorities, or to impede the
enforcement of the law, or IN any way
ondsDgor the peace aud good order OF the
territory. Evidently II was never intend
ell 10 entrust tho territorial legislature
with power which would eDabls IL by
| creating judiciaries Of its own or incress-
| ing the jurisdiction OF courts appointed By
the territorial authority, although rccog-
! nised 10y congress, TO tako tue adnini.tra.
| ton vt the law out OF the hands OF
judges appointed BY tho president, or TO
Interfere with their action. Several years
Of unhappy experience make it apparent
that in both Of these respects the territory
Of tau requires special legislation by
congress. Pablo opinion Ia that ,errl-
tory, produced ty circumstances too no.
torious to require further notice,
make 1t necessary, in my opinion,
IN order to prevent the mis-
carriage OF justice, aud 10 maintain the
supremacy OF the laws OF the United
States and of the territorial government,
to provide that tho selection of grand
snd petit jury for the district courts, II
not pu. under the control of federal Off
GERS, shall be placed in the hande OF per-
cons entirely independent of those who
are determined ~ enforce any act Of con-
gress obuox ious 10 them, and also 10 pass
ZONE act which deprives the petit court,
or any court created by the territorial
legislature of any power, to interfere
with or impede the action Of the courts
held by tho United States judges. ain
convinced that SO long MS congress leaves
the selection of jurors t. the local au-
iBoriIios 1t will be futile TO mako any cf-
fort 10 enforce laws not pleasing to ma.
jority of tho people Of the territory, or
which interferes with local prejudiec., or
provide for the punishment of polyg-
amy or any of its effected vices or crimes.
/ presume tha. congress, in passing upon
the subject, will provide all reasonable
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
maze 1t understood that crime cannot be
committed with impunity. 1 have before
| said that while the laws created in the
several territories have really contained
| uniform provisions in respect Of the judi
| ciary, yet congress- has occasionally varied
| these provisions in minor details, "a the
| circumstances Of the territory affected
seemed TO demand, and in creating the
territory of Utah, congress evidently
thought that the circumstances there might
require a Judicial remedy not necessary in
other territories. For By section 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
! court or the distric, courts of the territory
| to the supreme court Of the United States
| upon any writ CT habeas corpus involving
the question of personal freedom, pro-
vision never inserted in any other terri
tory act, except that creating the territory
Of New Mexico This extraordinary pro-
vision shows that congress intended TO
mold the organic law to the peculiar ne
cessities of the territory. The legislation
which Inow recommend is ia full harmony
with the precedent thus established. l ain
advised that the United States courts IN
Utah have been greatly embarrassed BY the
action Of the territorial legislature, in
comforting criminal jurisdiction and the
power TO issue th' writ of habeas corpus
on probate courts ii the territory, and By
their consequent interference with the
administration of justice. Msni'e.tly the
legislature 81 the territory cant give to
any court whatever the power to dis
charge, by habeas corpus, persons held hy
or under process from the courts created
by congress. But complaint is made that
persons SO held nave been discharged in
that way by the probate courts. can
not doubt that congress will agree with
mo that such a state of things ought lot
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.
Apprehe nsions are entertained that if
congress sdjourns without any action
upon this subject, turbulence and disorder
will follow, rendering military inter-
ference necessary,a result should greatly
deprccnte; and in view of this and other
obvious considerations l earnestly recom-
mend that congress, at the present session,
pass some act which will enetle the dis.
trict courts Of Utah to proceed with in-
dependence and efficiency in the admins.
tration OF law and justice.
FSigned1 u GRANT.
Executive Mansion, February II, 1873.