The Athens post. [volume] (Athens, Tenn.) 1848-1917, 1857-12-18

rights of property in slaves now 10 the Ter
ritory are reserved. The number of these
is very small; but " Il were greater the pre-
vision would be equally just and reasonable.
These slaves we're brought into the Territory
under the Constitution of the United States,
and are now the property of their masters.
This point has at length been finally decided
by the highest Judicial tribunal Of the coun-
try-and this upon the plain principle that
when confederncy of sovereign States nc
quirc new Territory at their joint expense,
both equality and justice demand that the
citizens of one aud all Of them shall have
the right to take into il whatsoever Is recog.
nized as property by the common Constitu-'
ton. To have summariy confsca,ed the
property in slaves already In the Territory
would have been an act Of gross injustice,
and contrary to the practice of the older
States of the Union which have abolished
slavery.
A Territorial government was established
for Utah by act of Congress approved the
9th of September, 1850, and the Constitution
and laws Of the United States were thereby
extended over it $50 far rs the same, or any
provisions thereof, may be applicable" This
act provided for the appointment BY the
President, by and with the advice and con-
sent Of the Senate, of n governor, who was
to be ex-offcio superintendent of Indian af-
fairs, secretary, three judges Of the SUI
preme court, a marshal, and a district attor-
ney. Subsequent acts provided for the ap.
pointment OF the officers necessary to extend
our land and our Indian system over the
Territory. Brigham Young was appointed
the first Governor on the Goth of September,
1850, and has held the office ever Since
| Willis; Governer Young hqs been both Gov
ernor and Superintendent Of Indian affairs
throughout this period, he has been at the
same time the head of the church called the
Latterday Saints, and processes to govern
its members and dispose of their property by
direct inspiration aud authority from the
Almighty. His power has been, therefore,
complete over Church and State.
| The people of Utah, almos. exclusively,
belong to this Church; and believing with n
tnnatical spirit that he is Governor of the
Territory by Divine appointment, they obey
| his commands as If these were direct revela-
tons from Heaven. II, therefore, he chooses
that his Government shall come into collision
with the Government Of the United States,
the members of the Mormon church will
! yield implicit obedience to his will. Tn.
fortunately, existing facts leave but little
| doubt that such is his determination. With.
out entering upon n minute history of oc-
currences it is sufficient to say that all the
officers Of the United States, judicial and
executive, with the single exception Of two
Indian agents, have found it necessary for
their own personal safety to withdraw from
the Territory, and there no longer remains
any government in Utah hut the despotism
of Brigham Young This being the rondi-
ton OF affairs in the Territory, | could not
mistake the path of duty. AS Chief Execu-
tive Magistrate was bound to restore the
supremacy of the Constitution and laws
within its limits. In order to effect this pur-
pose appointed new Governor and other
Federal officers for Utah, and sent with them
a military force for their protection, and to
aid as posse cOnitatuS, in case of need, in
the execution of the laws.
With the religious opinions of the Nor.
mons, as long as they remained mere opin
TONS, however deplorable in themselves and
revolving to the moral and religious senti-
ments of all Christendom, / had no right to
interfere. Actions alone, when in violation
of the Constitution and laws of the United
States, become the legitimate subjects for the
jurisdiction of the civil magistrate. My in
struciions TO Gov. Cumming have therefore
been framed in accordance with these pfinci-
pies. At their date u hope was INDUCED
that no necessity mighe exist for employing
the military in restoring and maintaining the
authority of the law; but this hope has now
vanished. Gov. Young has, by proclamation,
declared his determination to maintain his
power by force, and has already committed
acts of hostility against the United States
Unless he should retrace his steps the Terri
tory of Utah will be in II State of open re-
bellion. He has committed these acts of
hostility notwithstanding Major Van Vilet,
an officer of the army, sent to Utah by the
commanding General to purchase provisions
for the troops, had given him the strongest
assurances of the peaceful intentions of the
Government, and that the troops would only
be employed as posse comiiatus, when call
ed on by thu civil authority to aid in the ex-
ecutiOn of the laws.
There is reason to believe that Gov. Young
has long contemplated this result He
knows that the continuance Of his despotic
power depends upon the exclusion of all
settlers from the Territory except those who
will acknowledge his divine mission and i'm
plicity obey his will and that an enlighten.
ed public opinion there would soon PROSTATE
institutions at war with the laws both of
God and man. lie has therefore for several
years, in order to maintain his independence,
been industriousiy employed in collecting
and fabricating arms and munitions of war,
and in disciplining the Mormons for military
service. AS superintendent of Indian affairs,
he has had an opportunity of tampering with
the Indian tribes, and exciting their hostile
feelings against the United States. This,
according to our information, he has accom-
plished in regard to some of these tribes,
while others have remained true to their al.
legiance, and have communicated his in.
trigues to our Indian agents. He has laid in
a store of provisions for three years, which,
in case Of necessity, rs he informed Major
Van VIiet, he will conceal, "and then take to
the mountains, and bid defiance to all The
powers Of The Government"
A great part of this may be idle boosting
but yet no wise Government will lightly es.
innate the efforts which may be inspired by
such frenzied fanatcism as exists among the
Mormons in Utah. This Is the first rebellion
which has existed in our Territories; and
humanity itself requires that we should put
it down in such manner that it shall be the
last. To trifle with it would be to encourage
it and TO render il formidable. We ought to
go there with such an imposing force us to
convince these delnded people that resistance
would be vain, and thus spare the efTusion of
blood. We can in this manner best convince
them that we are their friends, not their enc.
miles, In order to accomplish this object, it
will be necessary, according to the estimate
of the War Department, to raise four addi
| al tee. l..