The President On Utah Affairs

The President sent the following message to Congress Priday : lo the Öenatü Mid IIouc oí tteiresentíitives : I consider it my dut3' to Ottll the attention of Cungress to the coudition of ai' t'aiis in the Turritory of Utah, and to the dangers likely to arise if it continúes durr..g the eoniing rec3.ss, from a threati'iK(l conflict between the Fudural and Territorial luthorities. No diacnasion is uecessary in regard to the general policy of Congres respocting the Territorio of the United States, and I only wish now to to so much of that policy as concerno their judicial uffairs, and the enforcement ot Jaws within their borders. No material ditt'erences are found in respect to these rnatters in the organic act of the Territories, but an exauiination ot tliem will sho'.v that it has been the invariable rule of Congress to place and keep their civil and criminal jnrisdiction, with certain limitad exeeption, in the bands of persons nominated I)}' the President and conlirined by the Sonata, and that the general aduiinistration ofjuslica should be as prescribed by Congressional enaotment. Sometimos the power given to the Territorial Legislature has been soinewhdt larger and sometimos smaller than the power gonerally contened. Never, however, have p wers been given to a Territorial Legislatura inconsistent with the idea that the general judicaUire of the Territory was to be under the direct supervisión of the uational governinent. Aocordingly the orgauic law creating tlie Territory of Utah, passed September 9th, 1859, provided for the appointinent of a tiupremo Court, the Judges of which are Judges of the District Court, a clerk, a marshal and an attorney, and to these Federal officers is confidud the jurisdietion in all important matters, but as dtcided receutly by the Supreme Court tho act requires the jurors to serve in these courts to be gelected in sueh a manner ns tho Territorial Legislature seos fit to prescribe. It has undoubtboen tke desire of Congress, so far as the same right may be compatible with the supervisory control oí' the Federal government, to leave the minor details connected with the admiiiistratioii of law to regulation by local authorit}-, but such a desiro ought not to govern Tvhen the effect rwill be owing to the peculiar cireumstances of the case, to produce a conflict between the Federal and Territorial aiithorities, or to impede the enforcement of law, or in uny way to endangor the peace and good order of the Territory. Evideutly it was never intended to intrust the Territorial with power whieh would enablo it, by creating judicatures of its own, or increasing the jurisdiction of courts appointed by Territorial authority, altliough recognizod by Congress to take the adrninistration of law out of the hands of the iudges appointed by tho President, or to intorl'ero with their action. Several years of unhappy experience make it apparront that in both of these respects tho Territory of Utah requires special legislation by Congress. Public opinión in that Territory, produced by circumstances too notorious to require f'urther notice, makes it necessary, in my opinión, to prevent the miscarriage of justice, and to niaintain the supremacy of the laws of the United States and of the Fedoral government, to próvido that the selection of grand and petit jurors for the dia trict courts if not put under the control of Federal olficeis. shall be placed in tho hands of persons entiroly independent of thosu who are det'ermined not to enforce any act of Congress obnoxiuus 10 thera and also to pass some act which shall deprivo the Probate Courts or any court created by the Territorial Legislatura, of any power to inteifero with or impede the action of courts held by tho United States Judges. I ain convinced that ?o long as Congress leaves tho selection of jurors to the local authorities it will bo i'utile to mako any effort to enforce laws not aeoeptnble tí a mnjority of the people of the Territory, or which interiores with local projudicos, or i vides for the punishment of polygamy, l or any of its afliliated vioes or crimes. I presumo that Congress, in passing upon thia subject, will provide all reasonable and proper sai'eguards to secure honest and competent jurors, ■vvhose verdicts will command confidence and be a guaranty of equal protection to all good and law abiding citizens, and at the samo time niake it understood that crime cannot be commited with impunity. 1 have before said, whilo the laws creating the scveral Territories havo geuerally eontainod uniform provisions in respect to the judieiary, yet Congress has occasionally varied thosoprovisious in minor details, as the circumstancos of the Territory affected seemed to domand, and in creating the Territory of Utah Congress evidently thought thrLt circumstancos thero might requiro judicial remedies not nocessary in other Territories, for by section nine of the act creating that Territory it is provided that a writ of error might bo brought from any Judge of the Supremo or District Courts of the Territury to the Supremo (Jourt of the United States, upon a writ of habctis corpus involving the question of personal freedom, a provisión nevei insertod in any other Territorial ac eicept that creatmg the Terntory of New Mexico. This oxtraortlinary provisión shows that Congreso intondcd to mould tlio organic law to the peculiar uecessities ot the Territory, and the legislation which I now recoinmend is in full hannony with the precedent thus cstablished. I um advised that tho United States courta in Utah have been greatly embarrassed by tho action of the Territorial Legislatura in conf'erring criminal jurisdiction and the power to issue writs of habcas corpus on Probato Courts in the Territory, anc by thoir consequent interi'erence wit tho administration of justiee. Mani i'estly the Legislature of tho Territory cannot give to any court whatever th power to discharge by habeas corpus per sons held by or under process from th courts created by Congress, but com plaint is made that persons so hele havo been discharged in that way by the Probate Courts. I cannot doub that Congress will agree with me tha such a state of thing.s ought not longo to be tolerated, and that no class o: persons anywhere should be allowed t treat the laws of the United State with open defiance andcontempt. Ap prehensions are entertained that i Congress adjourns without any actio on this subject turbulence and disorde will follow, rendering military inter f'erence necessary, a result I shouL greatly deprécate ; and in view of Ihi and other obvious considerations . earnestly recommend that Congross, a the present session, pass some act which will enable the district of Utah to proceed with indopendenco and efficiency in the administration of law and iustice.