The Mountaineer. [volume] (Great Salt Lake City [Utah]) 1859-1861, 1860-04-28
'REAT SALT LAKE CRY. SATURDAY, April, 2s. 1860

ssdeTaey q Che time q the adoption Of Tho Il Y
dtTal Consultation n every State 81 The.
Union \ IL still treated asaeEimc, and IN MOST
/ Il not all ~ them, punished a. d felony The
1 CtnsYess o. thc United States hak nianifeetedits
icOncuFfenCe In the general sentiment hy de-
claring IN the 9TH section oE the net entflstti
An aet fir the punisbinent 0f crimes Il, IRE
llistttct Of Columbia. & tIlat Whoever shall Ie
convicted Of the offence of bigany ..shalI -
Esentepced 10 suffer IniErisnninttt and labor ~
1 The kTet ufence. for period not less than two
j nor more tlsn seven years and for the second
oiIence, for q period not less than FIVE nor
more lhan twelve years No argument Il
/ deemed necessary TO prove that an hct should
4 he regarded as criminal which n 81 treated ~
Irthe universal eenouffetce of tho christian aud
tcisiIi-ad world. Marriage & the foundations u
civil society Il y honorable ia all Up
on II tiepnnis tie preservation Of our social
System, ana the dea: est ties that bind Ms 20
earth. connecsed with Il are some IL Tile
most important riei,..s Of praTerty Related 10
Ii are the inteftst III e.. acatien aud the pros
perity5 civil governments. Barbariars may
dtsown IL but enlightened naai nua every where
respect and encourage Il n
Whilesueh Is the estimate plased ape..t the
martial rciatiSnin our uwn and other co,intrirs
the moral scllsr Of nif5 own people, al wen III
% every refined and Intelligent community
upon the habitabIe earth, has beer shocked IN
The ppep and defiant license which under tie
name 81 religion aid d Iatitnjinons internreta,a
tieh of our Constitution. has bern given Ia
this crime IN ono IF cur Territories While
persons have been excluded from society and
IRE expkltpg Us felons, In every lcnitentiift N
the Union, The offence az polygs.rtys the eli.
xens 81 Utah s vi Eli 4 high hand and M cut
stretched arm latlg TO scofn tic eacfedness.
81 the Billie and the majesty Sif our lava and
Kcialnthg the largest iheTty. Under the exeiauss
lions from religious tests aud the establisils
lneIAt Of religion, deridc IN institution which
4 was liouosei by the presence III our SAVIOR rs 4
laree, and stigmatizt LIS observance "a worse
! than sulemn mockfty III would. ,ierslalls.
require no elaborate statement to eicinofts
strtte TINT the trainers oil the Consultation,
i when they provided that ttnu religions test
should ever be requifed All q qualification Is
i any utiice oT public trust under The tinted
States had IN View the Test Gaths Mhica
were required BY sthttte In lie reign Of Charles
/ HI {, aud that when they declared asisonrress
shall make no law respecting the cstnbliah,
Ineut Of religion or The free exercise thereof
they did MOB mem "a dignity will the name 81
q tribe Of Latter Day Saints tliSgrAcine
| that hailcwud name, and wickedIy imposing
/ Nfon tho cTedniity 81 mankind NheI. 'tIis
characters Aiid position Of the distinguished
l men who framed that instrument are r:lnein.
beFed. il Is more than psohAbie chat ty Tho
Il term religion they meant only to convey tht
I idea Of q belief toahded upon the precepfs d
the Bible; and holding Tito be a common and
>aAsA.iasst f Absx siik ps
i s':'ss 81 s
hnothefs but surely they never intended tina
/ the Wild vagaries Of the Hindoo a. the Titlicn
ion6 mnmInefies Of the Hottentot should b,
ieHn0hied by 80 honoTed and sacred name
i Be this asit may, tho question Tecurs, ha,
i Congress no polFet % prehibit a practice which
II Is aalisgface 10 orr country aud n libel upon
0tIf instituti0nsf An easy solntion Of fhis
4 question may be found In the ret entitled An
Il Act 10 establish n Territorial Government fol
! Utah, approved September o. , $50, and SINH,
lar statutes as to other Territories By the
sixth section Of that Gct Il ID declared that FALL
the laws passed BY tho Legislative assembly
and governor shall be submitted 10 The Gem
gfess Of the United States, and ff sIisapprovGd
shall 10 null and Of no effect. = And by the
fserenteenih section. IL 10 declared that .,the
tGOnstitntifn and laws Of the United States are
hereby e& tended over aud declared To be III
force in said Territory Of Utah, 20 far rs the
srme, OF any provision thereof. may be ap
/ pIieahiesa III 8 81 s3
| L: Whatever ,fveXed questions may exist in
regard 10 The power Of Congress to fegislate a.
10 other subjects affecting the Territories 1t IL
i conceived that no difficulty can aTiseas To the
fright 10 control the legislation Of Utah aud
other Territories similarly situated, because
4 the authority 10 do sos expressly reserved In
Tie organic acts creating said Territories. This
j power was cxeteised by Congress in an act mp.
4 pioyed July 1, 1885, entitled s.'tAn act 10 dis
approve aud Annul certain acts of the Terri
tnrial Legislature of floTiia mid for other pur.
poses, by which the enaetments Of that AS
setnbly Incorporating banks ami INSURANCE com
& paliics were disaPpEoved and annuiled; and,
again, IN an act approved March 81 1889 en-
titled An act 70 alter and amend the organic
law Of the Territories Of iowa and Wisconsin, 1
n by which the veto power was CVnfelred upon
Il che governors of Those Territories While il Ii
II true that Congress has delegated the power o.
Efegislation to Utah and other Territories, 1t h
I equally true that the power to contrel tina
II legislation has heetf reserved; and rs II Is de
81 ciared that the Constitution and laws Of ID,
United States are ia force therein, no adeqnati
reason il supposed 70 exist against the Fose
4 To declare an at criminal which has alTpad!
been5su declared In regard 70 the District 9
Columbia; sever which Congress exercises III
! actual Legislative contrel; The delegation o
the power Of legislation does not disrobe Con
eJess, ais supreme legislator, OF as authority q
eenart n general law for the regulation III iii
Territories.
~ It's equally trae tilat t.the power Of govern
ing n Territory belonging u the United States
(which has not, by becoming a State, aciuiret
the means Of selEgoxeinment. has been san,
to result NECESSARILY from the facts that tits no
{, within the jurisdiction ot any particular State
and Is within The power and Jurisdiction u tb
UaiteslStgtes, and that the right to govern woui'
seem 70 be The Inevitable consequences Of th
right 10 acquire property is was declared j
81 I Pet, 5i1;3s IL Pet, s5SI and 10 How lgi
4 And in DIed Scott : ense II was declared that
! during tho time II remains Territory, Con
( gFess may legislate over 1t within the scope Q
ItscoHsiitntional powers in reiationto citizens
/ u the united states, and may establish . ter
tTitorial government, and the form of this 10
j cal government must be regulated by the dis.
4 cKetjon Of Congress, bnt With powers not en-
e seeding those which Congress ITSELF by the
Constitutfon, rs authorized TO exercise oyer
citizens Of the United States in respect 70 theiI
q hghfs of persons or Of property See ~
II How, 1861 Variant as the constIuetions y