ussion is necessary in regard to the general policy of Congress
respecting the Territories of the United States, and I only wish now to
refer to so much of that policy as concerns their judicial affairs and
the enforcement of law within their borders.

No material differences are found in respect to these matters in the
organic acts of the Territories, but an examination of them will show
that it has been the invariable policy of Congress to place and keep
their civil and criminal jurisdiction, with certain limited exceptions,
in the hands of persons nominated by the President and confirmed by the
Senate, and that the general administration of justice should be as
prescribed by Congressional enactment. Sometimes the power given to the
Territorial legislatures has been somewhat larger and sometimes somewhat
smaller than the powers generally conferred. Never, however, have powers
been given to a Territorial legislature inconsistent with the idea that
the general judicature of the Territory was to be under the direct
supervision of the National Government.

Accordingly, the organic law creating the Territory of Utah, passed
September 9, 1850, provided for the appointment of a supreme court, the
judges of which are judges of the district courts, a clerk, marshal, and
an attorney, and to these Federal officers is confided jurisdiction in
all important matters; but, as decided recently by the Supreme Court,
the act requires jurors to serve in these courts to be selected in such
manner as the Territorial legislature sees fit to prescribe. It has
undoubtedly been the desire of Congress, so far as the same might be
compatible with the supervisory control of the Territorial government,
to leave the minor details connected with the administration of law to
regulation by local authority; but such a desire ought not to govern
when the effect will be, owing to the peculiar circumstances of the
case, to produce a conflict between the Federal and the Territorial
authorities, or to impede the enforcement of law, or in any way to
endanger the peace and good order of the Territory.

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 interfer