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Show 5? lations" were to be in full force "froni anJ after their publication." In the" Bienith of July, of the gam year, cue committee, so appointed, "published1 a "system of regulations''1 and that system of regulations, constw tutes the wily militia law of this Terrw tory. That system of regulations never reported back to the Legislature 55! THE GOVERNOR'S MES- SAGE. GENTLEMEN OF THE LEGISLATIVE AsSEM-BLt- J I congratulate joti upon your speedy organization, and accept it as an earnest that we shall hate a harmonious and useful session. By the Act of Con&ress organizing this Territory, the law-makin- g power is vested in the Governor and Legislative Assembly. The responsibility is great, but it is our duty to so use tbe trusts committed to our keeping as best to promote the general velfare. Then is much that is important for us to do. The length of your session is fixed by law, and we should so use the time allotted to us, ns to be able to complete tbe legislation so much needed. JS'ot unmindful, I trust, of the courtesy which should always characterize the official conduct of departments in their relations with each other, 1 submit that, in my judgment, much of the legislation of this Territory in the past has beta imconipiete and unsatisfactory. We cannot ignore the fact that there has been much confusion and diiliculty in attempting to enforce the laws of the Territory in the past, and that such confusion and difficulty now exist. Much, If not alt, of these conflicts and vexatious uncertainties have arisen directly from defective or improper legislation. It is our imperative duty to remedy these evils, aud 1 truH that we shall be able to bring order out of confusion, and from the fragments build a temple so perfect, so complete in all its parts as to shield every citizen and protect alike the rights of all. By an inspection of the Territorial statute, it will be seen that many of the laws now being enforced, wore "Ordained ty the General Assembly of the State of Desei et.'' a quasi organization which nisted prior lo the organization of tins' Territory by Congress, but never possessed of any validity. True, these laws were 'adopted" by a joint resolution of But that is the Territorial Legislature. hot sufficient. It may, with reason, be questioned whether the Legislative Assembly can legislate upqn any subject by joint resolution. , 1 do not think it can. The Legislature was clothed by Congress with full power to legislate upon all rightful subject, in the form prescribe by the Organic Act That is to say that each .enactment should be had separate ly, signed ami approved by the Governor, and submitted lo Congress for approval. It cannot be claimed that any of these laws "Ordained by the General Assembly of the State of Deseret," and adoptod by joint resolution, ever received tbe approval of the Governor) aad this is absolutely essential to make them of any binding force! And effect. It may be claimed that these are questions to be determined only by the courts. It is answered that it is the province of the power to pass upon the suffand iciency talidity of all laws, and to make such corrections as in their judgement may seem necessary. I therefore call ydur special attention to all laws of the class referred to, and ask that such as may be deemed essential to be enacted separately, and that all others be delaw-maki- clared told. ' e con-vie- s, iDFCATlOH. Ib my message to the Legislative Assembly, at its last session, I urged the early establishment of a good and efficient eys'em of common schools, but nothing was done. Knowing, its I do, that intelligence constitutes the very life of the republic, lhe shield of our liberties as a people, I cannot too strongly appeal to1 you to take such action at this session, as will secure tbe object eo much desired by all good citizens: It is not roy purpose to specify what a School Law should contain; in all its parts, but leave much to your judgment in the premises. , Every observer of society; every reader, of history, every student of political economy, knows that educated minds, refined society, and free government, are inseperable; and as every citizen alike shares the blessings, and benefits of good government, so, all alike should be required to contribute to that which gives to it its greatest strength. I know of no good reason why the rich man, who has no children of his own to educate, should not be compelled by law to contribute of his means to educate the children of his neighbor who is poor and uuable of himself to do so. And so with the man of wealthy who; besides educating his own ehildren, is able to do more. Justice, good citizenship, every Impulse or a higher civilization, fiertiands that such should give up their eubstance to this great work, and I would compel it by law. Let such a system of taxation be adopted ns will accumulate a fund which will b6 sufficient for the establishment of a thorough system of free sobools our borders. Free schools throughout e among the highest evidences of civilization; and 1 cannot retrain from expressing the hope that the time is not far district, and soon will come, when a liberal education will be placed whithin tbe reach of every child within the Republic. And I would not have Utah behind in this great wrk. Give to the people a thorough system of Free Schools that our prospective new State may be built Upon the solid foundation of intellectual strength. In this connection permit me to suggest, that all monies arising from tines aud forfeitures should be given to lhe General , tt-- t ant School fund, thus compelling the viojeopardy, and citizens of profitable lators of the law to contribute the" good business and honest purpose, are subof society by promoting the cause of jected te the villainies of the unscrupu' education. lous, without the means of protection. 1 call to act en- We have it in our power to correct these attention an also your titled, "An Act providing for the man- evils, and it is our duty to do so. Let agement of certain property," approved the law which provides for the election January 20th, 1854, which provides, of the Territorial Marshal, by the join "That the Probate Judge in each County vote of the Legislative Assembly, be reis empowered and required to take pos- pealed, and a law enacted, in its stead, session of all property left by any de- which will be in accordance with the ceased or abscondent person when there provision of the Organic Act. is no legal claimant known, or sufficientLet the jurisdiction of the Probate ly near to see to it in season, and shall Courts bo clearly defined, depriving forthwith appraise, and make ta lists of them, by positive enactment, of all said property, r.nd keep one on file, and equity, and criminal jurisdiction, and forward to the treasurer of the Perpetual confining them, strictly, to probate Emigration Fund, aud that at the earli- business, and let the jury system be so est practicable date, the Probate Judge corrected that a panel can be had whose shall place that property or the avails verdict will be legal and binding, It is thereof, in the possession of said Fund, unnecessary, I trust, lor me to say that, the value thereof to remain until proven in matters of so much importance, it is away by a legal claimant, when said our duty to riso above all preconceived Judge sha!l give an order therefor on tke opinions, and labor alone for the public treasurer. good. That such will be your course of By an act entitled an "Act amending, action I have' no doubt. confirming and legalizing an Ordinance TERRITORIAL OFriCES. incorporating the 'Perpetual Emigration In this connection, permit me to call Fund Company,'" approved January 12, your special attention to the legal status 185G, said Company was placed excluof the Territorial officers. sively under the supervision, manageThe Eeventh section of the Organio ment and control of the Church of Jesus Christ of Latter Day Saints; and the en- Act provides that all Territorial officers tire proceeds of tbe business of the com- shall be nominated by the Governor, and confirmed by the Legislative Council. pany was made to inure to the benefit The Legislative Assembly have proof the Perpetual Emigration Fund; thus vided for the tlection of all Territorial practically giving all moneys arising from the estate of deceased persons, in officers by the joint vote of the two the absence of a legal claimant, to the houses of that body, independent of the Church of Jesus Christ of Latter Day Governor. That this is in violation of the Organic Act is evident. Saints, to be used for church purposes. Ail the Territorial offices are now The propriety of so using these monies filled in accordance with the provisions is seriously questioned. Such funds are in the nature of an of Acts of the I cgislative Assembly, and I doubt not, you will agree with me that inheritance, by the people; and as such their election, without the nomination of belong alike to every person in the Terthe Governor, in legal contemplation, is that cannot, rightfully, ritory moneys be used to promote the interests of any a nullity. The officers so elected, are one class of persons, to the exclusion of the Attorney General, Marshal, TreasAcof any other class. Will any one pretend to urer, Librarian, Auditor of Public InPublic say that there are not as good reasons counts, Superintendent Warden the of struction, Penitentiary, ti be offered in favor of its use to pro- and Notaries Public. WVcannot ignore mote the interests of the Catholics, the the Presbyterians, 4e the fact that the question of the legality Episcopalians, of the election of the officers enumerated, Methodists, or any other denomination of Christians, as can be advanced in be- has been a fruitful source of much vexahalf of the "Church cf Jesus Christ of tion, trouble and uncertainty, producing Latter Day Saints." There can-bbut distrust and delay in our courts, thereby one answer all, alijte, are without any doing a serious public injury. Our duty is plain. Let all the laws providing righ. to any part thereof. It is in vio- for the election of Territorial officers, by lation of the fundamental doctrines upon the Legislative Assembly, be repealed, the which Republic is founded, te permit any Church, or the people ef any re- and a law enacted, instead, providing for the filling of such in accordance ligious belief, to share any priveleges which are not accorded alike, to all. It with the requirements of the Act of is not sufficient to say that where a large Congress organizing the Territory. PENITENTIARY. majority of people are of a particular I call your special attention to the religious faith, they, possessing the political power, have the right to con- condition and management of the Penitrol the revenues of a country, in such tentiary. In my judgment its present far from being satisfaca manner, as to them, may seem just condition and proper. Governments were not es- tory, and I call upon you to make the tablished for the benefit of majorities, necessary correction. Tho office of Warden of the Penitentibut for the purpose of protecting minorities. ary . is one of great responsibility, reIndividual rights, and not collective quiring vigilance, judgment, kindness of rights, constitute tbe true foundations of heart, executive ability, and integrity. all just governments, llenoe it follows Under the direction and control of such that if there is any number of men, an officer, the management of a prison is however small that number may be, who an easy matter. And in view of the object to the moneys acquired in this peculiar character of tho duties of a way, being used by any Church, for uny Warden, I respectfully suggest that ns purposo whatever, where they do not much power over the internal affairs of derive an equal benefit therefrom, with the prison, in the management of us good judgment will permit, be every other citizen, it ia the duty of the power to correct tbe evil, conferred upon that officer. Section and protect them in their rights. Aud four of an act entitled "An Act ia relaI doubt not you will agree with me, that, tion o the Penitentiary," approved Janfor these reasons, the law which places uary 20th, 18(10, confers upon the these moneys under the control of a par- "Board of Directors of the Utah Peniticular Church, should be repealed, aud tentiary" the power to appoint the clerk, a law enacted in its stead requiring that overseers, guirds, and all other necesall revenues of that nature, when ac- sary officers of the Penitentiary. The quired, shall be so used as to benefit selection and employment of all subordinate officers of the Penitentiary natu-ruli- y every citizen alike. To accomplish this, I recommend that belong to the Wardt-n- , who, alone, a law of Escheats be enaoted.aud that all can judge of the fitness of person? for estates escheating to the ' Territory, be these delicate and important trusts. given to the general school fund. And And I recommend that the section reI also recommend that the "Perpetual ferred to. be repealed, nnd that the War Emmigration Fund Company" be re- den be made the recipient of such powquired to surrender all moneys or other er. And further, by an Act .entitled property of that character, now in their "An Act further defining the duties of possession, to be used for tho same pur- the oflioers of the Penitentiary, and for other purposes," approved January 18th, pose. Inasmuch as the law organising tbe 1861,' the Board of Directors of the "Perpetual Emigration Fund Company," Penitentiary are authorized to lease the does not require its officers to mate auy Penitentiary, Warden House, and other report of its doings to any oue. it is im- buildings connected therewith, together possible for mo to communicate to you with the Convicts, to parties who may the amount of the fund so accumulated; bid therefor; and in the event that the but as the Company has been in opera- Penitentiary and convicts are not rented, tion eighteen ycaiSj it is fair to presume ty the Board of Director?, the Warden that a large amount is now on hand, is authorized to hire the convicts out. which should be made available, at once, 1 do not approve of this. The Penitentiary, and tbe buildings for educational purposes. counected therewith, are the property THE dOCRTS. of the United States, and as such, the That our courts are in a lamentable legislative authority of the Territory condition is apparMit to all. It is eaid has no right to authorize any person, that the Territorial Marshal is not, and or persons, to lease them, under any cannot be legally elected, under the law circumstances. Nor do I approve of as it now stands. That the net of the that portiori of the Act in question Legislative Assembly fcf eating the office which authorizes the Warden to hire and providing for the filling of the out the prisoners to such parties, nnd for same, is void, for the' .reason, that it is 6uch purposes, as he may deem proper. in express vialation df the seventh sec- Tho central idea of punishment for tion of the Organic Act. It Is said that crimes, of a lesser grilde than thoBe thtit the Probate Courts, rightfully, have punished with death, so faras it applies no equity or criminal jurisdiction, and to criminal, in person, is his reformayet exercise both. It is said I bat the tion from the paths of vice', and his resjury law is defective, and that ho panel toration to good citizenship. Everycan be drawn, under the present law, thing, therefore, which in prison-lif- e that will be" legal. To all these points I tends to degrade and humiliate the concall your special attention. victs, should be prohibited by law The rapid growth of the Terrkery, in Under the present system, convicts have population ami wealth, and enterprise, been made to labor Upon the streets of and the vast amount of capital seeding our Capital, nnd in .the lisost public investment in our midst, make it all place. Humanity revolts' at the idea of important that remedies at law be riade compelling human beings to perform speedy and certain. As it now is, prop- labor, ns cohVics with a ball arid chain, erties of incalcuable value, are in con- - aud thtf uniform of prison life, in the law-maki- , midst of the busy throng, constantly subjected to the gaze of tbe curious, or in contaet it may be, with relatives and friends. The law allowing such treatment ought to be repealed, and the Warden compelled to keep the' Convicts in the Penitentiary. Under the present law the singular spectacle is presented of a Penitentiary without a convict in it ; the prisoners being kept in county jails, never passed the two Houses, never re' in cribs, and in such places as the War- ceived the approval of the Governor. It is bimply the uufianished work of a den may deem proper. committee, and, as such, can have no MERIT MARKS. binding force and effect. To the end To the end that good behavior mttf be that a militia organization may be by the authority of a law, I encouraged among the convicts, 1 recommend that you establish a system of recommended the' passage of a law pro. merit marks, crediting good behavior, viding tor the organisation of a militia which shall entitle the convict to a de- the legality of which cannot be queg. duction of a certain number of days tioned. from the term of his seutence. This ELECTIONS. system has been tried in some of the The right to vote ia the highest mstfi sister States, and has produced good re- festatiou of sovereignty, tb most sucrei sults, and I hope i) will be adopted In privilege of American citizenship, and Utah. whatever hinders the free nud untram-mele- d Under the law as it now is, ten hours expression of the will of tbs voter per day, of hard labor, may bo exacted at the polls, is wrong and should not be of convicts and while it is admitted that tolerated. I do not think that the electhe guilty should be punished for wrong tion law of this Territory, now in force, doing, I am of the opinion, considering is a goad one. Section V', ot an Act enthe degradations, and hardships of pri- titled "An Act Regulating Elections," son life, that ten hours hard labor, for 3d, 1853, provides January approved each day, is harsh and unnecessary. The that "Each elector shall provide himvoice of humanity pleads in their behalf. self with a vote the names of containing Governments should be generous und the he wishes elected, and tho persons kind to the unfortunate ones who fall offices he would have them till, nnd pie into the clutches of violated law, and, seut it, neatly folded, to the JuJgo of I its recommend that appeal, heeding the election, who shall number und de. the law be so amended as to require posit it in the ballot box; the clerk shall only eight hours of labor from- the inwrite the name of the elector, and mates of the Penitentiary. And I also it the number of hisvoie. opposite recommend that the Governor of the All experience has shown that voting Territory be authorized and required to viva voce, or by a numbered ballot, is inquire into the management of the liablp to suhject the citizen to a degraPeuitentiary and its inmates, and all ding surveielance, an prevents that free county jails, giving to such officer power expression of his will that lies at xha to correct abuses, and aid in improving very foundation of our system of govern the discipline of such prisons. mcut. I do not hesitate to say that I rARDOXINd POWER. am unalterably opposed to all such. The pardoning1 power, lodged with They are but the whip which may be the Governor by. the Organic Act, is one used by the strong to drive the wcub. and of the most delicate, and, at the same compel submission to their wishes. Aud time, one of the most important trusts for the credit of Utah, I urge you to committed to his keeping. And often it abolish the numbering of the ballot, and is exceedingly difficult for lhe Executive give to the people, instead, a secret balto determine whether a pardon should be lot, the only safeguard of our liberties, granted, left as he now is, without any making it impossible for one citizen to means of knowing the nature of the to know how another citizen voted, or evidence upon which conviction was to improperly Influence his vote. There had. To the end that a helping hand is now no law fixing the time when the may be extended to the Executive, and canvass of votes shall be bad, and cerjustice promoted. I urge you to enact a tificates of election issued. IS or is there law, requesting the prosecuting officer, any provision allowing any other than in all criminal cases, when convictions the Probate Judge, Connty Clerk and are had, whether for offences against Selectmen to be preseut at the counting the laws of the United States, or the of the votes. I suggest to you that a time should be Territory of Utah, to prepare a full fixed of adduced evidence on the the by the law for the canvassing of synopsis trial, and forward the enme to the Gov- the votes, and that any person voted for ernor of the Territory, by him to be at such election shall have the privilege, kept for reference, should applications if he eo desire, to be present at such for pardons or reprieves be made. counting. - tln 1 CRIMINAL PRACTICE ACT. I call your attention to tbe fact, that there is now, substantially, no Criminal Practice Act in this Territory, and I earnestly recommend the enactment of such a law, governing legal proceedings in criminal cases ns will meet the public want. To faciliate your efforts, und lessen your labors in this behalf, permit me to suggest, Ibat you adopt the Criminal Code of one of the sister States, built up, and perfected, by years of trial aud experience, making huch modifications and additions as will adapt it to the wants, and harmonize with the laws of the Territory. SALARIES. An inspection of the laws ot Utah disclose, the fact, as peculiar as it is unfortunate, that no provision is made for the compensation of Territorial officers. The idea of service, founded in justice and equity, implies compensation, And this obligation is as strong between the government and its officers, as it is between individuals. And in all cases where the services of the citizens are required, it is the duty of the power requiring such services, to affix, and determine, in advance, what the compensation shall be. The practice in Utati, hitherto, has been to require the services of Territorial Officers, and fix a salary by appropriation, in the nature of a Belief Bill, after such service has been rendered. .This is not just. It leaves the officer, after having given his time and attention to the duties of his office wholly at the mercy of the Legislature, who may fail, neglect or refuse, to make compensation, leaving the public servant without remedy. It is our duty to make it impossible that injustice may be done; and, to that end, 1 recommend that reasonable salaries for all Territorial Officers be fixed by law, to be paid from the Territorial Treasury MILITIA. Inasmuch as the militia organization known as the Nauvoo Legion, has been a fruitful source of trouble in the past, it is proper that I should call your attention to the law upon that subject, and ask you to make such corrections as the circumstances may demand. Section i, of nu act entitled, "An Act for the organization of the' Militia of the Territory bf Utah," approved! January 13, .1837, provides that the "Lieut. General of the Nauvoo Legion aided by six or more commissioned officers, of the line or staff to be lelectel by him," 6hall be authorized and empowered "to droft and adopt a system of laws and regulations for the militia of the Territory of Utah," and "to create and fill such offices, as are, or may be necc??nry for its orjlnizati'ou"' which "laws aid regit CIVIL PRACTICE ACT. I think the Civil Practice Act is defective in many respects; and without calling your attention to the many changes needed. I suggest that a revision of the same at this session is necessary. And further, 1 respectfully that, in my judgmen-- , it would be well whenever ou the trial of an action at law in the District Courts, it shall be found fo turn on important or doubtful principles of law, to authorize a special verdict to be found. And I would also provide that in all cases whert the parties agree upon the facts that such agreement, when signed by the parlies or be made a part of their attorneys, tbe record; and that all questions of law arising on special verdicts, agreed cases, motions for new trial, and the like, arising in any manner in the District Courts, in law or equity, may be transferred into the Supreme Court for decision, conferring upon the Suprome Court tho right to give judgment, remand the cause, or make an order according to the law and justice of the case. bug-ge- st DEEDS. I call your attention to tbe fact that there is not now, nor has there ever been, any satisfactory "statute in this Territory regulating conveyancing; no law prescribing bow a deed shall be executed, nor requiring the registration of the same, thus leaving tb entire real estate transactions of the Territory in that anomalous condition, which must necessarily result in much confusion and vexatious litigation in the future. I cannot urge you too strongly to give this matter, so important to every citizen, so necessary to our future weal, your early attention. STATUTE OP FRAUDS, In this connection I tion to the fact that we of Frauds, We need and I cannot refrain tbe hope that you will want without delay. call your attenhave no Statute such a Statute, from expressing meet this public MARRIAGE. In my message to the Legislative Assembly, at its session in I&72, I urged that body to enact a law upon the Bab ject of marriage; but I regret to say that nothing was done. There is now no one in this Territory authorized by law to unite persons in wedlock. That there should be is apparent to all. And I recommend that all ministers of the Gospel, regularly ordained as such, and all Judges of the Courts of Record, and all Justices of the Peace, be authorized by law to pronounce the marriage ceremony. The marriage relation lies at the foundation of all good society; and I doubt not that you will agree with me, that all rights, ineident to that sacred |