Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1857-06-26
dio,napt eoainet brother "Dane" for having lnur :

dictnent against brother "Danite" for having lnur
dered 4 GENTLE. as they call ali American ciiIeh4
und-r their direction ! iiuch less w"ud you exps"'
q jury OF - 'destruyng Angels to hnd another d
stfoying angel guilty of the crime ct nurhe' 1'"
cause HIM TO be- hanged Tor other Uasnce IMAM 'Ha'
ci taking the life Of Gentle No. Ii there s any
truth in the reports we receive from Ctai, Congress
may pass what laws it chooses, but you can never
rely upon the local tribunals and iures to punish
crimes committed by Mnrmons in that Territory
Some other and more effectual remedy must be DE,
vised and applied. In my opinion, the hrst s'el
should be the absolute and unconditional repeal oil
the organic act-blotting the Territorial Government
out Of exs;ence-upon the ground that they are alien
enemies and outlaws, denying their allegiance and
defying the authority of the United States Inn
inense applause
The territorial government once abolished, the
country would revert to its primitive condition prior
TO the act OF 1850, under the sole and exclusive u
rsdiction Of the United States" and should be
placed under the operation Of the act Of Congress OF
tho Both Of April, l19U, and the various acts supple
mental thereto and amendatory thereof, providing
for the punishment Of crimes against the U. States
within any fort, arsenal dock yard mazazne or any
other place district of country under the sole and
exclusive Jurisdiction Of the United States" All
Offences against the provisions Of these acts are re.
quired by law TO be tried and punished by the United
States courts in the States Territories where the
trial" Thus il will be that under the plan pro
posed Brigham Young end his c"riederates could be
unprecedented and brought for trial" to Iowa or Mis-
so.I California or Oregon, TO anv other adjacent
State or Territory, where fair trial could Go had,
and justice administered tslly-where the wit
could be protected, and the judgment of the
court could be carried r.o execution, without evil
dence or intimidation do not propose to introduce
any new principles into our jurisprudence, nor to
change the modes of proceeding the rules of prac
II fh.a1 ta-
:rict Of country embraced within II territory of
Utah under the operation Of the laws and rules
of proceeding that Kansas Nebraska Minnesota, and
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 the offences COM
mitted within the same were punished in the manner
now proposed, so long as the country remained sun
der the sole and exclusive jurisdiction of the United
States" but the moment the country was organized
into territorial governments, with legislative, eIecu.
tive and judicial departments, it ceased to be under
the sole and exclusive jurisdiction Of the U. States,
within the meaning Of ha act of Congress, for the
reason that il had passed under another and differ
en-, Jurisdiction Hence, if abolish the territorial
government of Utah. preserving all existing rghts,
and place the couErT .nder the sole and exclusive
jurisdiction Of the United States, offenders can be
apprehendsd and brought into the adjacent States or
Territories for punishment in the same manner and
under the rules and regulations which obtained
and have been uniformly prsctsed, under like cir.
cumstauces, since lI9U.
If the plan proposed shall be found On effective
and adequate remedy for the evils complained Of in
Utah. no one no matter what his political creed or
partisan associations, need be apprehensve that it
will violate any cherished theory or constitutional
right in regard to the government OF the Territories.
IL ia great mistake to suppose that all the territory
or land belonging to the United States must neceSsa.
rily be governed by the same laws and under the
ssms clause of the constitution without reference to
the purpose To which = IS dedicated "r the use which
II ia proposed to make Of il; while all that portion Of
country which is or shall be SET apart to become new
States must necessarily be governed under and coz.
sstent with that clause of the constitution which au.
,horizes Congress to admit new States, it does not
follow that other territory, not inelded to be organ
ICED and admitted into the Union as States, must be
governed under the same clause OF the constitution
With all the rights of self.governnent and State
equality. For instance II we should purchase Van
couvers island from Great Britain for the purpose Of
removing all the Indians from our Pacltc Territories
and locs.irg them on that island as thsr permanent
home with guarantees that 1t should never be settled
or occupied by white men, will it be- contended that
the purchase should be made and the Island governed
under the power to admit new States when it not
ACQUIRED for that purpose intended 70 be applied
to that object Being acquired for lndNn purposes,
and applied to Indian purposes, Is II not more reason
able to assume that the power 10 derived
from the Indian clause and the island must necessa.
ry ba governed under and consistent with that clause
of the constitution which relates to Indian affairs
Again suppose We should deem II expedsnt to buy
small leland in the Mediterranean, or in the Ca.
ribbean SCI, for G naval station, can it BIZ said
with any force or plausibility that the purchase
should be made or the island governed under the
power to ADMIT new States. On the contrary, 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 powerl So if we purchase land for forts
thar mil Spf Vrl6
dedicate any territory which We now own br mill
tary reservation, it Immediately passes under the
military power, and must be governed in harmony
with it. SO if land be purchased for mint, it must
be governed under the power to coin money; or, if
purchased for post Office it must be governed under
the power to establish poet offices and post rosds
for custom house, under the power to regulate COM
merce or for a court house, under the Judiciary
power. In short the clause OF the 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 tho purpose to which
it is dedicated. So long, therefore, as the organic act
of Utah shall remain i'll force, setting apart that
country for Stale, and pedging the faith OF the
United States to receive il into the Union 30 soon ~
it should have the requisite population bound
TO extend to il all the rights of sefgovsrnment,
agreeaby to tho clause OF TIE constitution providing
for the admission. Of Lew States Hence the necessi-
ty of repeating the organic act, withdrawing tho
pledge of admission, and placing 1t under the sole
order that persons and property may 10 protected
aud iustics administered, and crimes punished under
tbs laws prescribed by Congress- in such Cases
While the power of Congress TO repeal the organic
act a,. .5c,:es the territorial government cannot be
denied the question may arise whether we possess The
moral right of exercising the power, after the charter
has been once granted and the local government or.
panizsd under it's provisions This is grave cues.
Iion one which shonld not be decided hastily, nor I'm
der the Influence OF passion or prejudice. In my
opinion am free to say, there is no moral right 10
reneal the organic act OF Territory, and abolish the
government organized under it, unless the inhabitants
of that Territory, as a community. have done such
actg .s amount 20 forfeiture of all rights under 1t,
such az becoming alien enemies, outla~a d,ssvoTlng
their allegiance or resisting the authority OF the Uni
ted States. These and kindred ac's' when We nave
every reason to believe daily perpstraed 10 that
Territory would not only give US the moral rgnt, out
make i, our imperative duty, TO abolish the territorial
goysrnnent and place the inhabitants under the sole
and exclusive jurisdiction Of the United States, to the
end that justice may be done, and the dignity ana au'
thorisy of the government vlndoated
have thus presented plainly and frankly my views
of the Utah questionable evils and the remsdy-np,
on the facts as they have reached U.s. and
to be substantially correct II oihcal reports anu au
thentc information shall change or modin THESE 'acs;
| shall bs ready to conform my action to the rea!
facts "a thew shall be found to exist. have no such
pride of opinion as will induce me to per,evere ID an
error one moment after my Judgment ia convinced
IT, therefore, better plan can be devised-one more
consistent with justice and sound policy OF more ei
fective remedy for acknowledged evils WI,
take great pleasure in adopting it, in lieu ofthe one
have presented to you to night.
In conclusion, permit me to present my grseia' ac
acknowledgements for your patient attention ana Tue
kind and respectful manner in which you have Fece'''
ed my remarks. 80
Tho speaker closed enid immense applause ana
three hearty cheers were given for Douglas snd re-
peated.
MASSACHUSETTS POLITICS.
WORCESTER, June oath The Republican Con
venton. now in session here, has nominated Mr.,
Banks for Governor he receiving 337 votes out OF