, 1857-08-21

book, and / believe they have a criminal
code providing the usual punishment for
the entire catalogue Of crimes, according to
the usages Of all civilized and christian
countries with tie exception of polygamy,
which is praciCed under the sanction Of
the Mormon church, but il is neither pro-
hibted nor authorized by the laws of the
Territory.
Suppose, repeat, that Congress should
pass a law prescribing a criminal code,
and punishing polygamy among other Of
fences, what effect would it haye-what
good would it do p? Would you call on
twcnty-three grand jusymen, with twenty
three wives each, to find a bill of indict-
ment against poor miserable wretch for
having two wives? [Chccrs and laughter.
Would yon rely upon twelve pitt jurors,
with twelve wives each, to convict the
same loathsome wretch for having two
wives ? Continued applause Would
you expect grand jury composed of
twerty-three " Danites,p TO ind bill Of
Indictment against brother Danite" for
having murdered Gentle, as they call all
American citizens, under their direction !?
Much less would you expect a jury of
twelve destroying angels to find another
" destroying angel guilty Of the crime OF
fontoer, aud cause him to be hanged for no
other offence than that Of taking the life of
Gentle ? No. If there is any truth in
the reports we receive from | tah, Con-
gress may pass what laws ii chooses but
you can never rely upon the local tribunals
and juries to punish crimes committed by
Mormons in that Territory. Some other
and more cifectual remedy must be devised
aud applied In my opinion, the first step
shoald be the absolute and unconditional
repeal Of the organic act--blo;iing the
TerRitolial government out Of existence
upon the ground that they are sliea ene-
nles and outlaws, denying their allegiance
and defying the authorities of the United
States Immense applause.
The Territorial gOsirRment once abol-
ished the county would reyert to its prm.
tive condition prior to tho act Of 1850,
under the sole and exclusive jurisdiction
of the United States, [" andshould be placed
under the operation Of The act of Congress
of the Both Of April, 1870, and the various
acts supplemental thereto and amendatory
thereof, "proydas for tie punishment Of
crimes against tie United States within
any fort arsenal, dock-yard, magazine, d.
ANY OTHER PLACE OR DISTRICT OF coUNTRY,
UNDER THE SOLE AID EXCLUSIVE jarisdiciiogi
Of The United States" All offences against
the provisions of these acts are required by
law to be tried and punished by the Uui-
ted States courts in the States or Terri
tories where the offenders shall be FIRST
APPREHENDED on nROUGHf FoRrRAL~ ThaS
it will be seen that uader the plan proposed
Brigham Young and his contederatcs could
be apprehended and brought for tfa,l''
I to Iowa or Missouri, California ar Oregon
or TO any other adjacent State otVemt0fy.
where a fair trial could be had antl Justice
administered impartally the wit
neSses could be protected and the Judgment
OF the court could Be carried iRt0 execG-
ton, without violence or intimidation l
do not propose to introduce any new prin-
eiplesinto our Jurisprudence, nor 10 change
the modes Of proceeding or the rules OF
practice in our courts. 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 Kansas, Nebraska Min
nesota and our other Territories were
placed before they became organized Ter
ritories. .1Ihe whole country embraced
within those Territories was under the
operation OF that same system of laws, and
foll the Offences committed within the same
were punished in tho manner now proposed,
so long as the country remained "uuder
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 Judi
eial departments, itlceased 10 be uuder the
sole and exclusive jurisdiction of the United
States, within tho meaning of the act OF
Congpess, for the reason that it had passed
under another aud different jurisdiction.
Hence, five abolish the Territorial gov
ernment of Utah, pursuing all existing
rights aud place the country under the sole
and exclusive Jurisdiction Of the United
states, offenders eau be apprehended and
brought into the adjacent States or Terri,
tories for punishment, in the same manner
and under the same rules and regulations
which obtained and have been uniformly
practiced, under like circumstances, since
1890. ~ ..51 al Li4disGo..-. Hoga
IfthepIan proposed shall be foand an
effective and adequate rediedy for the evils
complained Of in Utah, no one, no matter
what his political creed or partizan associa-
tions, need be apprehensive that it will
violate any cherished theory or constitu-
tioaal right in regard to the government
Of the Territories. 1t is a great mistake
to suppose hat all the territory or hand
belonging 10 the United States must neces-
sarily be governed by the same laws and
under the same clause Of tho constitution,
without reference to the purpose to which
it is dedicated or the use which it is pro-
posed to make of it, while all that portion
Of country which is or shall be set apart to
become new States, mast necessarily be