DEPARTMENT OF JUSTICE.

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.

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