This extraordinary provision shows that Congress intended to mold
the organic law to the peculiar necessities of the Territory, and the
legislation which I now recommend is in full harmony with the precedent
thus established.
I am advised that United States courts in Utah have been greatly
embarrassed by the action of the Territorial legislature in
conferring criminal jurisdiction and the power to issue writs of _habeas
corpus_ on the probate courts in the Territory, and by their consequent
interference with the administration of justice. Manifestly the
legislature of the Territory can not give to any court whatever the
power to discharge by _habeas corpus_ persons held by or under process
from the courts created by Congress, but complaint is made that persons
so held have been discharged in that way by the probate courts. I can
not doubt that Congress will agree with me that such a state of things
ought not longer to be tolerated, and that no class of persons anywhere
should be allowed to treat the laws of the United States with open
defiance and contempt.
Apprehensions are entertained that if Congress adjourns without any
action upon this subject turbulence and disorder will follow, rendering
military interference necessary--a result I should greatly deprecate;
and in view of this and other obvious considerations, 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.
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