Show zhe THE S i U kt I 1 ox enoma enona r nw em UTAH ai TA 11 sayd sand rayd A 1 lotter letter fronton fro nHon wm IT boope r the following is a copy ofa of a letter addres address seato sed to ohp territorial committees juan ciary and appropriation committees of the two houses of congress by hon ron mr hooper delegate in congress rs from utah WASHING nw ton D cjan C jan 30 1872 sir sin As the representative of odthe the people of utah territory yo it is my duty to submit to you vou a brief response res nes ponso to the letter of goo 0 bates F esq est sq united states district attorney n ey r thereof laid before you on the of january a nuary under date dato of the instant and on the statement contained in that letter I 1 feel confident you will find a perfect vindication for the course the legislative council of utah h has haa hitherto pursued angwill and will probably pursue pursued it app appears ears bars irom from the record the courts of utah es as stated in the lettera lett iett erf orf bald baid united states district attorney bates first that the territorial court there has decided that in criminal cases from fram which thore there is no appeal to the supreme court of the united states it was wast a united states court that allias all ali its grand and petit jurors must be and bad had been drawn as united states state jurors under the acts acla of congress la in violation 0 of the laws lassof of utah that the unite united states staves marshal assuchy enst serve berve all ali process civil and criminal eni crl issued and from the district courts of the terri tory that the united states district attorney must prosecute all cria criminal inal inai cages cases pending in said Terri terni territory fory focy such as assault with intent to kill felonies ller beof and that tho the territorial attorney general and the territorial marshal appointed under the laws of utah hadano had bad no lawful right to appear in hl and act ps as such inch in the rial nial courts oam cam to thus by judicial legislation converting the territorial court into a 6 federal court and thereby at the same time tg ousting the territorial officers elected ao ac cording to territorial laws lawa from the duties of prosecuting crime against them if buchbe buch be the lawi law then why should the territorial council be asked to appropriate the moneys of the territory and tax our keople people to pay the expenses of a united tates states court engaged with their united states marshal and district attorn attorney ey in u the prosecution of crimes against the laws baws of the lne united states surely the united states does not expect the territories to maintain their thelt judiciary or to enforce their laws lawi but in truth and in fact these decisions are in violation of the tho law as established by tho the clings 3 of the territorial counts courts and supreme court cour t of the united states since the very first territory was organized organ zed zea under the government jn irl the iowa lowa owa reports morris page pago doo little vs ct alj a case familiar to all the tho supreme court of loa ioa said counsel seem to be under a misapprehension as to the true nature of our 4 nhai rial district courts under no circumstances are they properly speaking district courts of the united states ahey whey they are merel merely territorial courts having the tho powers of of district and circuit courts courte ot the united states but when adjudicating on the laws of congress their character and title do not change congress has sometimes vested for certain purposes state courts with federal powers to a limited extent that did not in the least deprive them of their character as state courts we are in a similar predicament again in the howard supreme court united states reports page miners bank dubuque vs stata stats of of iowa where the charter of that bank passed by a territorial legislature has been repealed aad that august tribunal says to regard the bank of dubuque as we are urged to do by the argument of the plain tiffin error would constitute it rather as a bank of the tha lyn tin united I 1 ted states situated without the united state states and operating within tho the territory offis of wis cousin consid now the state of iowa again in the ad united states attorney generals opinion page 40 it is said that territorial judges are not even j judges under the constitution but bat are the mere mene crea tives of legislation and in appeals united states reports american inbur anoe snoe company vs cantor et etal al the supreme court of the united states say these territorial courts are not cons titu courts courm on which the J judicial power conferred bythe bytho by the constitution cabbe can oan be conn coni iL erred they aro are merely legislative courts created in virtue or of the general rights of sovereignty if this be the law of the united states then the whole course of the territorial supreme court of utah is in violation of law layr and why should the legislature of utah vote the money of our people to aid it la in its j uricial usurpations again it appears that the territorial courts of utah have through one K R N baskin esq appointed by them as united states district attorney od ad interim found some thirty indictments and have con signed to camp douglas as aa prisoners some twenty atour of our people and we are asked to ampro appropriate the money to pay their expenses wherefore vile by section one of the act of ad march 1863 1833 circuit courts of the united states in the several states may appoint united states district attorneys jn in case of the absence death or sickness of the district attorney who shall serve until the appointment of a successor by the pres president ident and qualification of the appointee poin tee teo but thib this confers no power on ter riia rila malesich male maie ruch luch appointments and this man basis in las no fiorel right to enter jhb graild joky ro 1 ow or act with the grand jury than any other layman and bid it if iam I 1 lam am corrects correctly adred by eminent authority all au these indictments arenell nuli nuil and vo vold void id 21 for this reason shall fhe tho legislature of utah vote its money to pay for such judicial usurpation once lnore more inore it appears from the statement or of district attorney bates that tho the grand july yuly mry wry was drawn last september by the hinted states marshal on his own selection andin and in utter violation of our territorial statute by whom all these indictments are presented for crimes many mandof of which are charged to have been beeg committed if at alap ail all nearly hearly twenty years ago kho on the evidence of a confess confessed ed murder arbr er 16 more than a dozen people which whim indictments were pen per preferred erred by mr duir basked Basl basi cin eln acting without authority arid ought we to pa pay y the e expense pe of sueh buch prosecutions you J must u t answer finally filially it appears from the letter of mr bates that no prosecution for fir polygamy under the act of march 3 1862 hw has ever been beeri brought against our people eople but they are charged lewd hini bini and aud lasel co cohabit babit bahit atlon undeine under be utah statute with wives other than the first one and our oun legislature ture Is ia ased aeed to pay the tho expenses of the marshai united states courts a united states stales biar blar marshal marhal 41 states stales district witnesses jurors kiro 11 ac to prosecute them selves beaves under und a statute pt tute lute which we adopted topunI to punish sir sIX a an anene drw utterly foreign to goly poly amy wd was there ever elver a kreate greater r judicial judic al absurdity in ID conci conel a Us I 1 have widrig on only cosay that tho people of utah are willing to submit themselves to the lawsl lawai of tor the th united stater enforced according to jaw jair but they edi edd bo peason reason why they sli bil should ld pay the fhe expenses thereof nay naj mori morl they lil ill through leit fejt bourt 0 and alid and attoe i ngy ney generals enforce to th the ilist qt ot their a ability ty the territorial telof lar jar gamt wt r the punishment of murder mardei with 0 deadly lywen weapons ons and all other cr crimea lines iines and will cheerfully vote vole to pay all ali the expenses es of courts which hiou seek to enforce law according to law but when asked to contribute their means to trample tramp le on all law under the forms of law they will refuse todo to do so BO As the utah legislature have had no meeting since these most extraordinary deci decisions were made mado until the present month they have had no opportunity to decide oi ou the tho momentous quest questions loni lonh involved but I 1 will pledge myself for them hat they will cheerfully tax themselves and the pel poL ople opie of utah to maintain uphold and defend all the territorial laws law noto non withstanding the charges made b by the be district attorney attorney who has had no fair opportunity to fully y understand tha the true situation of affairs in utah only as he has gathered them from the most inimical intra leil to our people the pioneers of that country As it is manifest that all these legal proceedings ce edings pending in hi the courts of utah are for violation of territorial laws only and not ther laws of congress itis lvis it is can make no appropriation to pay these expenses unless in the defiance of all precedent very respectfully yours W 11 HOOPER hooren Dele delegate gate Zate utah washington ton put dut patriot riot feb 2 karl burtch fell across a circular saw at fond du da lac the other day and was cut cat into a hundred pieces |