THE MORMON QUESTION.
Message from President Grant.
WASHINGTON, Feb. 14. The President sent the following message to Congress today:
To the Senate and House of Representatives—I consider it my duty to call the attention of Congress to the consideration of affairs in the Territory of Utah, and to the dangers likely to arise if it continues during the coming recess from a threatened conflict between the federal and Territorial authorities.
No discussion is necessary in regard to the general policy of Congress respecting the Territories of the United States, and I only wish now to refer to so much of that policy as concerns their judicial affairs and the enforcement of law 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 that it has been the invariable act of Congress to place and keep their civil and criminal jurisdiction, with certain limited exceptions, in the hands of persons naminated by the President and confirmed by the Senate, and that the general administration of justice should be as pre-scribed by congressional enactment.
Sometimes the power given to the Territorial leg-islatures has been somewhat larger, and sometimes somewhat smaller, than the powers generally con-ferred, Never, however, have powers been given to a Territorial legislature inconsistent with the idea that the general judicature of the Territory was to be under the direct supervision of the National Govern-ment. Accordingly, the organic law creating the Territory of Utah, passed September 9, 1850, provided for the appointment of a Supreme Court, (the judges of which are judges of the District Court) a clerk, a marshal, and an attorney, and to these federal officers is confided the jurisdiction in all important matters, but as decided recently by the Supreme Court the act requires the jurors to serve in these courts to be selected in such a maner as the Territorial Legislat-ure sees fit to prescribe.
It has undoubtedly been the desire of Congress, so far us the same might be compatible with the su-pervisory control of the Federal Government, to leave the minor details connected with the adminis-tion of law to the regulation of local authority; but such a desire ought not to govern, when the'effect will bo, owing to the peculiar circumstances of a case, to produce a conflict between the federal and Terri-torial authorities, or to impede the enforcement of law, or in any way to endanger the peace and good order of the Territory. Evidently it was never in-tended to intrust the Territorial Legislature with power which would enable it, by creating judicatures of its own, or increasing the jurisdictions of the courts appointed by Territorial authority, although recognized by Congress, to take the administration of the law out of the hands of judges appointed by the President, or to interfere with their action.
Several years of unhappy experience make it ap-parent, in both these respects, that 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, 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 that the selection of grand and petit jurors for the district courts, if not put under the control of federal officers, shall be placed in the hands of persons entirely independent of those who are deter-mined not to enforce any act of Congress obnoxious to them; and, also, to pass some act which shall de-prive the probate courts, or any court created by the Territorial Legislature, of any power to interfere with or impede the action of the courts held by the United States judges.
I am convinced that so long as Congress leaves the selection of jurors to the local authorities it will be futile to make any effort to enforce laws not accept-able to a majority of the people of the Territory, or which interferes with local prejudices, or provides for the punishment of polygamy, or any of its affiliated vices or crimes. I presume that Congress in passing on this subject will provide all reasonable and proper safeguards to procure honest and competent jurors, whose verdicts will command confidence and be a guarantee of equal protection to all good and law-abiding citizens, and at the same time make it un-derstood that crime cannot be committed with im-punity.
I have before said that while the laws creating the several Territories have generally contained uniform provisions in respect to the judiciary, yet Congress has occasionally varied these provisions in minor de-tails, as the circumstances of the Territory affected seemed to demand, and in creating the Territory of Utah Congress evidently thought that circumstances there might require judicial remedies not necessary in other Territories, forby section nine of the act creat-ing that Terrritory it is provided that a writ of error may be brought from the decision of any judge of the Territory to the Supreme Court of the United States upon any writ of habeas corpus involving the ques-tion of personal freedom, a provision never inserted in any other Territorial act except that creating the Territory of New Mexico. This extraordinary provision shows that Congress intended to mould the organic law to the peculiar necessities of the Terri-tory, and the legislation which I now recommend is in full harmony with the precedent thus established.
I am advised that the United States courts in Utah have been greatly embarrassed by the action of the Territorial Legislature in conferring criminal jurisdic-tion and the power to issue writs of habeas corpus on probate courts created by Congress, but a com-plaint is made that persons have been discharged in that way by the probate courts. I cannot doubt that Congress will agree with me that such a state of things ought not longer to be tolerated, and no class of persons anywhere should be allowed to treat the laws of the United States with open defiance and con-tempt.
Apprehensions are entertained that if Congress ad-journ without any action upon this subject, turbu-lence and disorder will follow, rendering military in-terference necessary, a result I should greatly depre-cate, and in view of this and other obvious considera-tions, I earnestly recommend that Congress, at the present session, pass some act which will enable the district courts of Utah to proceed with independence and efficiency in the administration of law and justice.
(Signed) U. S. GRANT.
Executive Mansion, Feb. 14,1873.
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