Sometimes the power given to the
Territorial legislatures has been somewhat larger and sometimes somewhat
smaller than the powers generally conferred. 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 Government.
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 courts, a clerk, marshal, and
an attorney, and to these Federal officers is confided jurisdiction in
all important matters; but, as decided recently by the Supreme Court,
the act requires jurors to serve in these courts to be selected in such
manner as the Territorial legislature sees fit to prescribe. It has
undoubtedly been the desire of Congress, so far as the same might be
compatible with the supervisory control of the Territorial government,
to leave the minor details connected with the administration of law to
regulation by local authority; but such a desire ought not to govern
when the effect will be, owing to the peculiar circumstances of the
case, to produce a conflict between the Federal and the Territorial
authorities, or to impede the enforcement of law, or in any way to
endanger the peace and good order of the Territory.
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