Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1874-02-06
UTAH..
The Territory Reduced to Chaos.
No Legal Jury for Three Years-The
Beauties Of RadicaIism and H9r-
menism Combined.

No Legal Jury for Three Years-The
Beauties Of Radiealism and MOI
monism Combined.
SALT LAKE, Feb. 5.-A special message
from Gov. Woods to the Utah Legislature
vetoing the memorial to Congress asking
for committee of investigation in regard
to Utah affairs, is published. The Cover
nor states that he is not aware that the ma
jority of the people of Utah are accused OF
disloyalty, and does not consider it neces-
sary for Congress TO investigate this charge
that he has been continually confronted
with open violation of the laws of Con-
gress without ability to enforce obedience
thereto because of defective and inimical
legislation. He has reported the facts to
the Federal authorities and to the Legisla-
tive Assembly, that to ask him TO join
with them in declaring his own official acts
as untrue and made with malicious intent,
is sad commentary upon the judgment
and good taste of those who make the re-
queSt, that the laws of this Territory as they
now stand are inadequate for the protection
| Of the rights of citizens can't be denied.
There has not been jury empaIinelled
| in this Territory for more than three years
whose verdict would have been valid, nor
can there be under the laws now in force.
| Such are the decisions of the District and
Supreme Courts of the Territory, and such
therefore Is the law. Life, liberty and
property are at the mercy of the lawless
and dishonest, without the possibility of
protection. We have been called upon to
furnish the remedy. The power to do so
is in our hands. If we do not give the
needed legislation Congress must or
anarchy will ensue. In the 7th section Of
the organic act, Congress has the power,
by and with the advice and consent of the
Legislative Council, to appoint all officers
above the grade of county Offices. In dis
regard of the rights thus conferred, the Leg
islative Assembly, by enactment, have
usurped that power by making all officers
elective by the joint vote Of the two
houses of that body, Independent of the
Governor. attention was called to these
obnoxious statutes, asking their repeal, but
these recommendations went for naught
and the persons thus illegally elected, in
Guiding all the Territorial officers, were
continued and are now in office.
Ithas been repeatedly held by the District
Courts and affirmed by the Supreme Court
ofthe Territory, that the Probate Court under
the organic act have not equity or criminal
jurisdiction, and yet in contempt of such de-
cisions the Probate Courts throughout the
Territory exercise jurisdiction concurrent
with the District Courts, determining ques-
tiOns in equity, issuing writs of habeas
corpus, in some instances discharging PEI
sons held by the District Courts for felC-
nies not bailable, and empannelling grand
iuries and putting persons upon trial for
liberty and life. In 1862, the Congress OF
the United States enacted a law making
the plural marriage as now practiced 10 a
great extent in this Territory in direct vio-
latiOn of that law. 1t is sufficient to say
the law is unconstitutional. The Supreme
Court of the United States has not so de-
cided. Until that is done it is the law of
the land and should be Obeyed. In
my message to the Legislative Assembly in
1872, called attention to the violations Of
this act and urged the enactment of law
prohibiting it in the future. Nothing was
done.
Can we in truth say no law Of the United
States is violated in Utah? 1t is well known
that a large number of hOmicides have been
committed in this Territory. In many in
stances no attempt to bring the persons
charged with such crimes to trial has been
made. Indeed such are the defects Of the
laws that no legal conviction can be had.
The legislative assembly, IT its session Of
1870 conferred the right TO vote upOil
every woman who is the wife, widow ~
daughter of a native born, or naturalized
citizen of the United States, without re-
quiring that they have attained the age OF
p years, or perfected citizenship under the
naturalization laws of the United States
thus confering on aliens and minors the
right of suffrage.