Affairs in Utah require your early and special attention. The Supreme Court
of the United States, in the case of Clinton vs. 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. Many considerations might be urged for its total repeal, but, if this
is not considered advisable, I think it will not be seriously questioned
that those portions of said act providing for what is called involuntary
bankruptcy operate to increase the financial embarrassments of the country.
Careful and prudent men very often become involved in debt in the
transaction of their business, and though they may possess ample property,
if it could be made available for that purpose, to meet all their
liabilities, yet, on account of the extraordinary scarcity of money, they
may be unable to meet all their pecuniary obligations as they become due,
in consequence of which they are liable to be prostrated in their business
by proceedings in bankruptcy at the instance of unrelenting creditors.
People are now so easily alarmed as to monetary matters that the mere
filing of a petition in bankruptcy by an unfriendly creditor will
necessarily embarrass, and oftentimes accomplish the financial ruin, of a
responsible business man. Those who otherwise might make lawful and just
arrangements to relieve themselves from difficulties produced by the
present stringency in money are prevented by their constant exposure to
attack and disappointment by proceedings against them in bankruptcy, and,
besides, the law is made use of in many cases by obdurate creditors to
frighten or force debtors into a compliance with their wishes and into acts
of injustice to other creditors and to themselves. I recommend that so much
of said act as provides for involuntary bankruptcy on account of the
suspension of payment be repealed.
Your careful attention is invited to the subject of claims against the
Government and to the facilities afforded by existing laws for their
prosecution. Each of the Departments of State, Treasury, and War has
demands for many millions of dollars upon its files, and they are rapidly
accumulating. To these may be added those now pending before Congress, the
Court of Claims, and the Southern Claims Commission, making in the
aggregate an immense sum. Most of these grow out of the rebellion, and are
intended to indemnify persons on both sides for their losses during the
war; and not a few of them are fabricated and supported by false testimony.
Projects are on foot, it is believed, to induce Congress to provide for new
classes of claims, and to revive old ones through the repeal or
modification of the statute of limitations, by which they are now barred. I
presume these schemes, if proposed, will be received with little favor by
Congress, and I recommend that persons having claims against the United
States cognizable by any tribunal or Department thereof be required to
present them at an early day, and that legislation be directed as far as
practicable to the defeat of unfounded and unjust demands upon the
Government; and I would suggest, as a means of preventing fraud, that
witnesses be called upon to appear in person to testify before those
tribunals having said claims before them for adjudication. Probably the
largest saving to the National Treasury can be secured by timely
legislation on these subjects of any of the economic measures that will be
proposed.
You will be advised of the operations of the Department of Justice by the
report of the Attorney-General, and I invite your attention to the
amendments of existing laws suggested by him, with the view of reducing the
expenses of that Department.