Year: 1872

WASHINGTON, u. O., April Is, 1872.


The following decisions made in the Supreme
Court to-day


No. SO. clinton ct nj. vs. Englcbrccbt ct AL
Error to the Supreme Court of the Territory OF
Utah.-This was civil action for the recovery OF .
penalty for the destruction of the property OF tho
defendants In error by the platntifls, who were
officers OF the Territory acting under law thereof
The jury before whom the case was tried
summoned from the body Of the county at
the discretion of the Marshal on an open
venire directed to him by the Court. Tha
array was challenged on the ground that
the jurors had not been drawn by lot In accordance
with law of the Territory The Court overruled
the challenge, and the verdict upon the trial was
for the plaintiffs below. 1t Ia here held that the
Court below erred In acting upon the theory that
the Supreme and District Courts OF the Territory
were Courts OF the United States, and that they
were governed In the selection Of Jurors by the


The Judges of the Supreme Court OF the Territory
are appointed by the President under the Acts OF
Congress- But this does not make the Courts
They are authorized to hold courts OF the United
States. This, 1t Is said was decided long ago In
the American Insurance Company w. Carter. |
Peters SAG. There is nothing in the constitution
which would prevent Congress from conferring
the jurisdiction they exercise. II the Judges were
elected by the people of the Territory and commits
stoned by the Governor they might be clothed with
the authority to decide all cases arising under
the constitution and laws OF the United states sul.-
~
~ be supposed that the earliest Territorial Courts
did not decide such questions, although there was
no specific provision to that effect until compara-
lively recent period


There IL no Circuit Court Of the United States
is there any District Court of the United States
in the OF the constitution In the Territory OF
Utah The Judges are not appointed for the same
terms, Is the jurisdiction which they exercise
part of the judicial power conferred by
the constitution or the general government.
The Courts are the legislative Courts Of the
Territory, created I'm view Of the clause which
authorized Congress to make all needful rules amt
regulations respecting the Territories The organic
act authorizes the appointment OF an attorney ana
marshal for the Territory who may, property
enough. be called the Attorney and Marshal OF the
United States for the Territory for their duties In
the courts have exclusive relation to cases arising
under the law and constitution OF the United
States


The process for summoning Jurors may be pro-
cess for exercising their jurisdiction, for the Ter
ritoral courts when acting In such cases. are cir
cult ana district courts OF the United States; but
the making of the lists and all matters connected
! with the designation of jurors are subject to the
regulation of Territorial law. IL Is held that the
acts of Congress IN respect to the summOnfng Oi
| jurors do not apply to such case as this, unless
they We're intended to regulate such process In the
Territory, which is not the case that the Challenges
to the array should have been allowed. Judgment
reversed. The Chief Justice delivered the opinion