The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-04-04

IS and cena '" We Senate. from among the cise>
fihe United States residing therein, and rsfareace
o any dhtrc,s which have heretofore oeeL laid of
Sec g. And be 1t further enacted, Tb ~ the nts ap
poiuments under thu shall be made ON or before me
4h Of March, 1861, on which day said appointments shall
have effect
M MocrHRsASD, (dem) Of H., proceeded 10 sustain
his assertion made yesterdayhaA there was no instance
in which Congress had enacted special penal code I,
operate the organized Territories The act OF 1870
general in It's application, End extended aud
other offences against the Uped States Congress- by
erecting territorial government had delegated certain
powers, thai the criminal became able the
local Law. He admitted that polyeamy Is great evil
and nuisance In the Of and that il
serves TO be extrpated but the execution Of this
posed law is left 10 the Mormons, does any believe
MOI who has plurality Of wives would enforce 1t
against his neighbor similarly ccumssncedf The great
Of troubles that the Mormons have been
constantly disregarded AS remedy FOR the evil he pro-
Iosed divide Utah between Pixies Peak and Nevada
Mr.. CLARK OF Mo- said in his opinion that ls the best
possible way to dispose OF the question. The M0rnons
Can thus be made snbseIvient TO virtue and local
authority. His information was that Pixies Peak has
uow population of twenty thousand, and will
ceve n accession OF At least fifty thousand.
Nj. PARRoIT delegate from Kansas said Pixies Peak
legally part o. Kansas AT one time the population was
Rh iy thousand, and al time has 1t
thousand. His correspondence ana examination
sGffed him that The humber win be largely augmented
s summer but be did not wish Kansas be curtaiied
Of her fair proportions till she Is admitted into the
Union
~ peucve
has five ,houtand inha ,itsnts.
Mr. MoClERSAsp responded that his friend scep,i
cal many subjects and urged his plan for destoying
poly gsmy by dividing the territory between Pike Peak
AID Nevada bringing the MormOns under the infu
uence Of mora class O, people
ME- LAMAR, dem. OF MISS had no doubt as 70 the
Iower Of Congress 10 suppress poygamy felony of all
KINDS in the Territories bad been asked IL polygamy
be suppI1steo not the republicans seize upon the
pncpie suppress slavery But The cry OF humanity,
Der labor squatter sovereignty are oil pretexts
play their tube parts in the great drama against
the South There way TO meet the question before
hem but by looking the face, and considering
It's meIi,s. He heard OF retreatDg army nspir
ing terror or respect in pursuing foe Tue south rnutt
look herself for her protection He maintained
Ill opposition 10 Messrs. McClesuhnd and Eherdge that
here IL nothing the practice and history OF legislation
over the national territory which orbds the exercise OF
the power in question The right OF Congress to egsaie
The Territories, revise heir gs alton, 10
H. amend the organic law, TO repeal their acts aud pan
offences within the Terri cries has been asserted from
the fonnoa OF the government TO the day The
Constitution gave the power 70 punish poygamy, but
did net give tie punsh slavery that
ps'nuton which The constitution guaranteed the pvile
gts OF to the people who it. The next question
which that power was to be exercised Calhoun Hunter
and ether distinguished statesmen have asserted this
power exclusive, though 1t not alb ioute frs
To tee nature Of the constitution which recognises slavery
institute apd, secondly as to the which
inat power 10 limited by the nature Of the t-ust He held
thst tact that slavery institution which existed
i'll fifteen States Of the Union proved that IL insti
tuition applicable 70 ehe wants and requirements Of the
Ieope of great portion Of the Union. When he be
gentleman ray this floor the Other day, the power
TO protect slavery In the Territories was dogma,
be listened to them with alioIishmett The power to
rrotecs slavery IN the Territories has not only been
serted since the foundation OF the government the pre-
cent day, but that power has been exercised Mr.
then ioceeded 10 quote from speech of Senator Hun
ter in which that gentleman declared that the owners of
slaves had not only their property protected in the States
inc ss Sun ao Inc Ter
positive duty OF Congress TO protect the owners Of
slaves the possession and Of their property
ritoies, and from thSt duty resulted the obi
cation in Congress 10 protect the rights and properties Of
therein; and Congress fails in doing that. she
Jailed Of her first dues and this would be univer
sally acknowledged il the question raised with refe
houn asserted that was The duty Of Congress to 20 into
the Territories and TO protect the rights and interests Of
and IS oVsus 81
ton on the subject The same distinguished statesman
further asserted that Congress had the 70 60 into
the heart Of Territory to annul the law prohibiting
very therein, and pass laws securing every citizen
therein in The full enjoyment Of such rights. BE called
gave to the Territorial Legislature sn' J juris
oict,on over all subjects Of Legislation, con-
auaheaon Of voters Guder this law The Legislature
the qualification Of voters and they passed an
ndscreet and vigorous law, when set up pIossvery
stepped in and annuled the law and every democratic
Senator that time in Congress voted for the resembling
Of that test act with the exception Of two The chief Of
popular sovereignty acknowledged the validity Of this act
and he himself voted for it, This law was opposed and
fpay rescnded, because happened to be law in favor
Of slavery. But ii any law is passed in Territorial Legs
ature against slavery then the government becomes
suddenly smi'ten with paralysis and the people Of that
Territory become sovereign and omnipotent.
Afcr Kansas organized q Territory, q law was
passed. making frauds at elections crime and imposing
that they could have laws passed and executed for
protection personal property and the suppression Of
esmy The Territories Of the Union being tho common
property Of the people Of all the States subject
The eat Of Congress within the sphere Of the con.
situUn and within the sphere Of the constitution they
could yeviee the laws OF the Territorial Legislature
the same were unjust to the people Of the entire
States They had in such case the power to repeal the
crgsDic laws of such Territories While slavery
csgIsed by fifteen States Of the Union polygamy
condemned by all the States Of the Union in com.
mop fro.slavery laws has been annulled in the
Territory Of Kansas; and would be said after that that
they had nC the power to strike down the abominaon
Of pc gcmy which existed in UtahY The only objection
with any force that he heard was, that zoe system
part of the religious tenets Of the people. Now,
has 20 power to inhct penalties tor conscience sake.
cannot punish men because they hold this that rel
to cover crime, whenever an overt act committed
DIR cover OF religion the pretence Shield and
patty is punished wherever under cloak OF religion they
receive he sanction OF government for their institutions
The time weuld doubt they would, under lne
plea Of religion, murder their WIVES and under the
plead justification in government recognizes
their right to make revolving Lawn for themselves
can government oppose them in proceeding to make
Others revolving, until 1t ends in the docne-whioh
doubt they would up-tbat they right TO dis
pose Of the lives Of their wives In fact, government
must protect them in their belief for sanotonng
degree OF crime they surrender their right egsate
sRsrst any Suppose the Normons glned themselves
Called upon 70 offer up human sacrifices, and they
annotated human beings upon their affairs, would
/ their crimes OF murder be screened UNDER the
plea that ii part CT their religious ceremonies
70 sacrifice? Suppose that these hoImons adopted
| tie Old Roman law, which gave to the father the
| power OF HE and death over his children, could
they commit mnrcer with impunty because thai the
law, the Domestic institution Of the country, gave the
father power the life of his child? Immediate &C
ton on the part OF necessary sop
evil am in favor Of the amendment Of the gentle man
frIm Texas, which provides for gradual extinction
the evil You csonot at once uproot polyeamy. You
canntt at tine social people pos
sefsirg such an organized Capitalization, endowed with
such vital power and energy possessed by these Nor
He would make this act immediate, but ne
would give retrospective character To get rid OF the
Accountable evil gradually would be the best Inoeed if
could not be got rid Of in any other way he would
in favor Of buying the Normons He would autho
The President to pay them to 60 away from the
rtory altogether But attempt 10 uproot of the
i social nearly thousand eople nv