The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-03-01

,h,. Law cur government ny means exception
srIl. / am 10, acquainted with any man maze form Of
aaxp dssolu,rn lover oi justice the Revou
tionsry patriots endowed - heJ were IN their celbe
raous ADD set. With goc5ly portion "f that Wisdom
which conetb from above AMI welding an influence sci
dom attained by small plumber, yet they were
able to devise republican form OF gove,rment
without a system Of cb-cks and balances, I'll II ling the
federaye power into three branches comfortable
only by the VII, OF the sovereign peo.ie Their former
experience mskes matter OF no surprise thAs 10 ef De-
alterations strongly 70 the SIDE OF
the largest degree of Individual freedom nor having SUI
fered soe under the cruel rod Of religion established
by secular power. that they clearly and strenuousy
guarded and the WIDEST scope 70 Freedom
cooscs nee anu consequent right OF worsh1 IN accfo
herewith But With the sound Judgment aud exp-
rence possessed by toose great statesmen II IS oniy
another cvdenc of the weakness incident 10 humanity
when acting under the best Of motives that AFTER
bavr ionR grosued under the bitter oppression oil b
fish colonial rule successfully strugg for the e-tao
lsbwent of the inherent right of each and all 70 me
liberty and the pursuit OF happiness ,- WIN
cd with and protected in the dressings flowing from re-
publican form Of government, whose CHARACTERISTICS con
sst solely the veil d. fined and well understood rae
that the rule shall proceed only from the eec
ton Of the governed they should April 1884,
pass resolutions an 10 July I'M over TWO mon.as pre-
vous to the adoption constitution pass an ordinance
specially legslaing for American citizens resding on
public domain directly contrary 70 the very genius Of the
articles Of confederation by which they had mutually
pledged each other they would be guided And that
very legislation, contrary as 1t was TO the autnor
lies and limitations of the articles OF confederation
existing at the time OF the passage Of the cele
hTsied ordinance Of 's7 and TO those of the con
adopted in the same year as well al to the great
truth embodied the Declaration OF Independence that
derive their just from the consent tbe
governed could be endorsed BY long
usurped power exercised 10 JUSTICE and the
ton of that illegal legislation copied into organic acts
for Territories could still be endured were 1t not gev
ousy abused as Is the case when officers are attempted
TO be forced upon free people contrary " their known
and expressed wishes. Still looking patriot fathers
measurably did to the experience and exam
pie the mother country and surrounded they by
many Z
not subject OF much surprise that they Inadvertently
took illegal course, as II is that an early Congress
under the constitution continued to perpeuate and ende
make legal that which neither ever could
be law with out first destroying reno telling the very
constitution from which Congress derives its power TO
acts And again the course of that Cor gress is bg
surprising that Congress after Congress- with
frightening experience IN the workings OF the govern
mental machinery and boosted increase Of enig 1en
ment should still continue to fasten ton OF that
constitutional relic OF colonial barbarism upon American
citizens whenever lauda Die spirit OF enterprise tuc
those citizens 10 lawfully occupy and improve any por-
on Of the public domain. And it is most surprising o.
Gil that Americans occupying public domain In territories
have amely submitted TO such long continued and OBJ
vious usurpatl0n.
Even since the odous features in the ordinance of
s7 have been omitted IN the organic recently
passed 10y Congress for Territories which acts are bat
Illegal patterns after that unconstitutional ordnance Off
appointed to rule American citizens 10 Terri
and have voice in the enactment adjudication
end execution of Territorial laws and worse STILL those
officers frequently appointed from class well known,
through the rghtfuy expressed wishes Of large MAORI
ties be justly objected by those whom they APP
pointed to govern. Gail you that republican, 1t is British
colonial vassalsge unconsttutonsly p,rpetuated by
tyranny and usurpaton the powers that be- II is
difficult to conceive how people enlightened as
Americans should, for so long period have suffered
themselves 10 be measurably disfranchsed by usurpa
tons curang their rights when passpg air line from
state into a Territory especially when that chang
ing Of locality 70 result in the Improvement OF regions
that would other wise remain waste.
1t is foreign {" my present purpose TO detail that policy
which should have governed from the beginning in rea
ton enlightened residents in Territories, policy
that would have cuttaled them in the least consiitu
al right, and would thereby have utterly excluded
that odous suicidal ncons stency existing from the
first until how between the form the admin Of
government and would have caused the administra
ton AZ Goes the form to guarantee equal freedom to all
IN Territory wei Stale, but will merely
remark. in passing, that the Continued practice OF
that wreched Inconsistency las done and is doing much
10 undermine the fair fabric OF American liberty.
Utah also like other Territories saw fit to waive those
CONSTITUTIONAL rights illegally denied 10 citizens who
cross certain air lines Of common country TO extend the
OF civil and religious liberty and an act organizing
Territorial passed by Congress the
9th OF September, 1850 Fortunately for a wise and
good then occupied the executive chair Of nation,
a statesman whose sound judgment and humane feelings
prompted him 10 extend 10 us rights, far the
organic act and hungry office hunters would permit
He appointed q part OF the customary app )ntees 10
accoi dance with the wishes OF the people, and
doubt thought that he had appointed coed
fill the remaining Offices; but In this he par
tally disappointed beng deceived by the foolish although
very com mon habit o! recommending men who not
worthy am SO conhdon, that his successor endeavored
I, make os good appointments for us as circumstances
and wise counsels and recommendations woult allow,
but during his administration prejudice began 10 set in
strongly against Utah. anu be was so unfortunate Is
appoint the nstgation and solicitation OF then inu
entail senator Congress person who proved 10 be
as degraded his capacity would admit, and who 1t is
reported came acted left and still acted in accordance
with the instructions from the Senator who procured his
appointment but In msoner ou'rsging morality, justice
humanity, law and even common deceDcy.
The members and officers OF the last legislative As
ssmby familiar with the evils visited upon the innocent
by miserabiy bad conduc, Of certain officials
fore sent here by government knowing that al repab
governmen,s-wh:h both general and State gov
ernments are IN formsre based upon the principle that
the governed shall enjoy the right To elect their Off
and be guided by laws having their and
perfectly that by the constitution residents in Ter
rtores guaranteed that great right equally with resi-
dents In States, (or Congress has particle
constitutional power TO iegslae for and officer Americans
IN Territories than they have to lcsisia,e for and
razed the President and Senate TO appoint on.
for Utah In accordance with an accompany.
ing let containing the names OF persons who were
her frat choice for the Offices placed opposite those
but that selection did not meet with approval they
solicited To make the appointments from list containing
other and larger number Of OF residents who
aso the choice OF the people and II that selection
aso rejected 70 appoint from any part Of the Union,
with the simple request in such event. that the appoinecs
be rood Ia this matter Of appointment Of officers
what mere rights could the most yrannca in repu ol
can government ask Territory wsves Yet up this
tic official Information concerning the action. any
taken upon that memorial has ever reached US.
Tine gided by, and travellers and newspapers be
Executive ana a par, Of bis cabiue, had yielded
10 the rabd clamor raised against Utah by lying edi
Corrups demagoTues, hctrtcSs oince
the ignorant rsbble melted by numbers Of the hireng
clergy and about 10 send army 10 Utah with the
sole and svowed purpose a. published IN almost every
newspaper of compelling American citizens, peacefully,
Loyalty and lawfully occupying American soil, u forego
the dearest constitutional rshts n abandon their religion
10 waow In the mre and worship at the shrine OF modern
civilization and Christianity be expelled the
try or exterminsted. Where constitutional
rights who is laying The axe a. The roo, Of the
tree Of liberty Who the usurpers9 Who the
tyrsntsY Who the traitors Most azsuredly those who
msdly urging measures 70 subver the genius
Of free institutions and those principles OF liberty
lpon which government is based and TO overthrow
virtue independence, justice and true intelligence, the
luss Of either Of which by the people, the celebrated
Judge story has wisely affirmed would be the ruin Of
republio-tbe destruction OF its vitality And expres
dent James Madison among other purposes, declared
the purpose Of government "to avoid the slightest
interference with the rights OF conscience or the functions
OF religion so wisely exempted from civil jurisdiction"
las Utah violated the least principle OF the constitution
much broken the most Insignificant constitutional
enactment No nor have the most distant occasion f,r
doing but have sriven 70 peacefully enjoy aud
TO n