Evidently it was never intended to intrust the Territorial legislature
with power which would enable it, by creating judicatures of its
own or increasing the jurisdiction of 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 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,
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 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 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 interfere
with or impede the action of the courts held by the United States
judges.
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