Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1857-07-11

ganic act-blotting the territorial govern
ment out of existence--upon the ground
that they are alien enemies and outlaws,
denying their allegiance and dcfying the
authority Of DIE United States. Immense
The TERRITORIAL aeDcefKnont once abolish
ed the country would revert to its primitive
condition prior to the act Of 1850, "under
the sole and exclusive jurisdiction of the
United States and should be placed under
the operation of the act of Congress of the
30th Of April, 1890, and the various acts
supplemental thereto and amendatory there
Of, providing for the punishment of crimes
against the United States within any fort
arsenal, dock-yard magazine or any other
place or district or country, under the sole
and exclusive .iartsdtctioa Of tie United
States All offences against the provisions
of these acts are required by law to be tried
and punished by the United States courts in
the States or Territories where the offenders
shall be first apprehended and brought for
trial Thus it will be seen that under the
plan proposed Brigham Young and his con-
fede.ates could be unprecedented and bro't
for trial. to Iowa or Missouri, California or
Oregon, or to any other adjacent State or
Territory, where fair trial could be had,
and Justice administered in partially-where
the witnesses could be protected, and the
Judgment Of the court could be carried into
execution, without violence or intimidation.
do not propose to introduce any new prin-
cples into cur jurisprudence. nor to change
the modes of proceeding to The rules Of prac-
tee in our courts. I only propose to place
the district of country embraced within the
territory Of Utah under the operation of the
same laws and rules of proceeding that Kan
sas, Nebraska, Minnesota, and cur other
Territories were placed before they became
organized Territories. The whole country
embraced within those Territories was under
the operation of that same system of laws,
and all Che offences committed within the
same were punished in the manner now pro-
posed, so long as the country remained 'un-
der the sole and exclusive jurisdiction of the
United states;' but the moment the coun-
try was organized into territorial govern
ments, with legislative, executive, and ju-
dieial departments, it ceased to be under
the sole aud exclusive jurisdiction of the
United States, within the meaning of the act
Of Congress, for the reason that it had pass
ed under another and different jurisdiction.
Hence. if we abolish the territorial govern
ment Of Utah, preserving all existing rights,
and place the country under the sole and
exclusive jurisdiction of the United Statea,
offenders can be apprehended and brought
into the adjacent States or Territories for
punishment in the same manner and under
the same rules and regulations which OBJ
tanned, am have been uniformly practised,
under Ike circumstances since 1890.
# the plan proposed shall be found an eff
fective and adequate remedy for the evils
complained of n Utah, no one, no matter
what his political creed or partisan associa-
tons, need be apprehensive that it will vio-
late any cherished theory or constitutional
right in regard to the government of the
Territories. 1t is great mistake to suppose
That all the Territoy or land belonging to
the United States must necessarily be gov
, erned by the same laws and under the same
clause Of the constitution. without reference
to the purpose TO which it is dedicated or
the use which it is proposed 10 make of it
while all that portion of country which is or
shall be set apart to become new States
must necessarily be governed under and
consistent with that clause Of the eonstitu-
ton which authorizes Congress to admit new
States, Il docs not follow that other terrific
~, not intended to be organized and adj
mitted into the Union as States, must be
governed under the same clause of the con-
stitution, with all the rights of self govern
ment and State equality. For instance If
we should purchase Nancouvers island from
Great Britain, for the purpose of removing
all the Indians from oUr Pacific Territories,
aad locating them on that Island as their
permanent home, with guarantees taat it
should never be settled or occupied by white
men, will it be eontended that the purchase
should be made and The island governed
under the power to admit Il6w States when
it was not acquired for that purpose, nor
intended to be applied to that object Be-
ing acquired for Indian purposes, and APP
piled to Indian purposes is it not more r6a-
sonable to assume that the power to acquire
was derived from the Indian clause, end the
island must necessarily be governed Under
and consistent with that eiadse Of the con
stitution which relates 70 Indian affairs.
Again suppose We shoIld deem it expe-
dent to buy small island in the NIediterra-
mean, or in the Caribbean sea, for naval
station can it be said with any force OF
plausibility HAT the purchase should be
made or the island governed under the
power to admit new States. On the contra
IS, is it not obvious that the right to acquire
and govern in that case is derived from the
power "to provide and maintain navy"
and must be exercised consistent with that
power. So # We purchase land Ter forts,
arsenals, or other military purposes, on set
apart and dedicate any territory which we
now own for Il military reservation, it I'M
mediateIy passes under the military power,
and must be governed in harmony with it.
So if land be purchased for a mint it must
BE governed under tie power to coin money;
or if, purchased fer pest Office, it must be
governed under the power to establish post
Offices and post roads, or for acestom-house,
under the judiciary power II short. the
clause of tic constitution under which any
land or territory Belonging to the United
States must be governed is indicated by the
object for which it was acquired and the
purpose to which it is dedicated So long,
therefore as the organic act Of Utah shall
remain in force, setting apart that country
for a new State, and pledging the faith of
the United States to receive it into the Union