Englebrecht,
decided that the United States marshal of that Territory could not
lawfully summon jurors for the district courts; and those courts hold
that the Territorial marshal can not lawfully perform that duty, because
he is elected by the legislative assembly, and not appointed as provided
for in the act organizing the Territory. All proceedings at law are
practically abolished by these decisions, and there have been but few or
no jury trials in the district courts of that Territory since the last
session of Congress. Property is left without protection by the courts,
and crimes go unpunished. To prevent anarchy there it is absolutely
necessary that Congress provide the courts with some mode of obtaining
jurors, and I recommend legislation to that end, and also that the
probate courts of the Territory, now assuming to issue writs of
injunction and _habeas corpus_ and to try criminal cases and questions
as to land titles, be denied all jurisdiction not possessed ordinarily
by courts of that description.
I have become impressed with the belief that the act approved March 2,
1867, entitled "An act to establish a uniform system of bankruptcy
throughout the United States," is productive of more evil than good at
this time.
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