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

7
is very small; but if il were greater the pro-
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-
iry-and this upon the plain principle that
when a confederacy of sovereign States ac-
quire new Territory at their joint expense,
both equality and justice demand that the
citizens of one aid all of them shall have
the right to take into it whatsoever is recog-
nzed as property by the common COnstitu-
ton. To have summarily confiscated 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
Sth of September, 1850, and the Constitution
and laws of the United States were thereby
extended over it $50 far as 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 a governor, who was
to be ex-officio superintendent of Indian af
fairs, secretary, three judges of the SUI
preme court, marshal, and district attor-
ney. Subsequent acts provided for the APP
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
| la ..a, hot
ernOr and Superintendent of Indian affairs
throughout this period, he has been at the
same time the head of the church called the
Latter day Saints, and processes to govern
its members and dispose of their property by
direct inspiration and 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 a
fanatical spirit that he is Governor of the
Territory by Divine appointment, they obey
his commands as if these were direct revela-
tons from Heaven. If, 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. Un-
fortunately, existing facts leave but little
doubt that such is his determination. With.
out entering upon 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 but the despOtism
of Brigham Young. This being the cond-
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 10 effect this pur
pose appointed a new Governor and other
Federal officers for Utah, and sent with them
a military force for their protection, and to
aid as posse cOmitdtuS, in case of need, in
the execution of the laws.
With the religious opinions Of the Nor
mons, as long as they remained mere opn.
ions, however deplorabe 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
struclions to Gov. Cumming have therefore
been framed in accordance with these princi-
pies. AT their date hope was INDUCED
that no necessity might 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 Siates.-
Unless he should retrace his steps the Terri
tory of Utah will be in 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 a posse cOmitdtuS, when call
ed on by the civil authority to aid in the ex-
ecution of the laws.
There is reason to believe that Gov. Young
has long contemplated this result. lie
knows that the continuance Of his despoilc
power depends upon the exclusion OF all
settlers from the Territory except those who
will acknowledge his divine mission and i'm
plictly obey his will and that an enighten-
ed public opinion there would soon PROSTATE
institutions at war with the laws both OF
God and man. He has therefore for severfi
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
Iegiance, 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, as he Informed MAJOR
Van Vliet he will conceal, sand then take to
the mountains, and bid defiance to all the
powers Of the Government"
A great part of this may be idle boasting
but yet no wise Government will lightly es
innate the efforts which may be inspired by
such frenzed fanaticism as exists among the
Mormons in Utah. This is the frs, rebellion
which has existed in our Territories; AND
humanity itself requires that we should put
il down in such manner that il shall be the
last. To trihe with il would be to encourage
il and to render IL formidable. We ought to
90 there with such an imposing force ms to
convince these deluded people that resistance
would be vain, and thus spare the effusion Of
blood. We can in this manner best convince
them that we are their friends, not their enc