Year: 1873

Message of President Grant.


The President sent the following
message to Congress on Friday:


To the Senate and House of Representatives.:


I consider it my duty to call the attention OF
Congress to the condition Of affairs in the ter
ritory of Utah, and to the dangers likely to
ensue if it continues during the coming re-
cess from conflict between the federal and
territorial authorities. No discussion is nee
essary in regard to the general policy Of Con-
gress, respecting the territories of the Unite
States, aud l only wish now to refer to so
much of that policy as concerns their judicial
affairs and the enforcement Of the laws
within their borders. No material DIFF
ferences are found in respect to these matters
in the organic acts OF the territories but an
examination OF them will show that it has
been the invariable policy of Congress to
place and keep their civil and criminal juris-
diction with certain limited exceptions in the
hands Of persons nominated by the President
and confirmed by the Senate, for the general
administration Of justice should be prescribed
by Congress by constitutional enactment.
Sometimes the power given to the territorial
legislature has been somewhat larger and
sometimes somewhat smaller than the power
generally conferred. Never, however, have
powers been given to territorial legislature
inconsistent with the idea that the general
iudicature of the territory was to be



ingly, the organic law creating the ter
ritory of Utah, passed September 9th
1859, provided for the appointment
of Supreme Court, the judges of which are
judges OF the District Courts, a clerk, a 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 and in these courts to be selected in
such manner as the territorial legislature
sees fit to prescribe. 1t has undoubtedly been
the desire of Congress, so far as the same
might be compatible with the supervisory con-
troll Of the Federal Government, to leave the
minor details connected with the adnlniStTa-
ton OF the law to the regular local authority,
but such q desire 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
the law, or IN any way to endan9er the peace
and good order of the territory. Evidently it
was never intended to trust the territorial
legislature with power which would enable it,
by creating JudIcatures OF It's own or Increas-
ing the jurisdiction OF the courts appointed by
territorial authority, although recognized by
Congress, 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
make it apparent that in both OF these
respects the territory OF Utah re-
quires special legislation by Congress.
Public opinion III that territory, produced by
circumstances too notorious to require fulther
notice, makes 1t 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 tina tthe election OF grand and petit
jurors for the District Court, if not put under
the control OF Federal officers, shall be placed
in the hands OF persons entirely independent
of those VINO 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 legislature, OF any power to inter-
fere with or impede the action of the courts
held by the United States Judges. [ am con-
vinced that SO long as Congress leaves the
selection OF jurors to the local authorities, it
will be futile to make an effort to enforce q
law not acceptable to majority of the people
OF the territory or which InteTferes with pre-
JUDGES. It provides for the punishment of
poygamy or any of It's affiliated vices or
crimes. presume that Congress, in passing
on this subject, will provide all reasonable and
proper safeguards to secure honest and COM
petent jurors, whose verdict Will commend
confidence and be guarantee of protection
to good and law-abidIng citizens, and at the
same time make II understood that crime can
not be committed with mpunity.


L have before said that while the laws crea-
ting the several territories have generally con-
tanned uniform provisions III respect of the ju-
dietary. yet Congress has occasionally varied
these provisions In minor details as the cir
cumstances or the territory affected seemed
to demand, and In creating the territory Of
Utah Congress evidently thought that the cir
cumstances there might require judicial rene
dies not necessary III other territories, for bv
q section OF the act creating that territory it
is provided that writ OF error may be brought
from the decision OF Judge OF the Supreme
or District courts Of the territory to the Su-
preme Court OF the United States uD0n any
writ of habeas corpus involving the ques-
ton of personal freedom-a provision
never inserted III any other territorial
act except that creating the territory
of New Mexico. his extraordinary
provision shows that Congress intended to
mould the organic law 20 the peculiar neces-
sity of the territory, and the Ie2isla ton which
is now recommended Is lii full harmony with
the precedent thus established. [ am advised
that United States Courts in Utah have been
embarrassed by the action of the Territorial
Legislature i'll conferrlng criminal jurisdiction
and the power to issue Writs OF bdbeQS corpus
on probate courts in the territory and by
their consequent interference with the admin
istration Of justice. Manitestly, the Legsla-
ture OF the territory cannot give to any court
whatever the power to discharge by hdbedS
corpus persons bcld by process from the
courts created by Congress but complaint is
made that persons so held have been dis
charged III that way by probate courts.


| cannot doubt that Congress will agree
with me that such state of things ought not
to be tolerated, and that no GLASS of persons
anywhere should be allowed to treat the laws
OF the United States with open defiance and
contempt. Apprehensions are entertained
that If Congress adjourns without action on
this subject turbulence and disorder will fol-
low, rendering military interference neces-
sary, result l should greatly deprecate; and
in view Of this and other obvious consitera-
tons earnestly recommend that Congress.
at the present session, pass an act which will
enable the District Courts of Utah to proceed
with independence and efficiency in the ad-
ministration of law and justice.


U. S. GRANT.


Executive Mansion, Feb. H. 1873.