, 1870-10-11
UTAH.
Disbanding the Mormon Les'0p'
Its History and Character
r,c r-uttcd states Courts aho
tho Nornohs'
n;s,raerlr Conduct of United States
Troops.

4nc N.uyoo Leg oo.-AmiitAry organization Of
.hr Nauyoc Mormone tranrpIAnted to Utah.
. nj a,rointine an Adjutant ,noral and Major
General, in the absence of any Legislative ac-
ton toward the organization Of Territorial
r: iIiiia. have excited considerable feeling end
nurh nnfricndly comment in this community.
The Mot1nons think he has exceeded his pow
en- III assuming 20 to do. What are tbs factss
In 1857 the Governor aud Legislative Assem-
| II Of Utah delegated to the then acting Lieu
tenant-Gcneral Of tho SAuvoo Legion And six or
more commissioned officers OF the same, to be |
selected by the said Licatcnant-G Gaue.al, tho |
authority TO draft an3 adopt mititia Law, and |
In rroceed to organize the militia under it. |
which was done. The Law, sn-ca}lc.l, drnfted /
ty ttts commission w1+. l lsslere, approved |
by tho Legislative Assembly. Int it never WAS
tsy the Governor Of the Territory. 1t is held
by Governor Shaflrr aud his legal adEisers to-
be null and yril tecaune the Legislature coali !
not rishtfullv delegate to others tho exercise
OF Legislative powers. II this were not Ronnd, |
the supposed law would assuredly 10 OF no
effect 70, wans OF the aprrov! OF the Gov
espor. Ihnrof1re all that WAS done by vlttna
OF its authority was illeeAl-
Well, say the Saint., il tha law Of 1859 is
wortllcst, it leaves the militia Law OF ls52 IN
force and We fall hack on that Tho laws OF
Utah, as published br authority in 1850, do
been REGARDED n ot-olrtc, l'at. for the cake Of
argument, let us look at it . moment.
Il rfoyidcs that the militia OF tho Territory
Of Ctal. el1all consist Of cne legion, to hs
callcfi :. The Nauvoo Lesinn;" to be com.
noandcI by Lieutenant General. wha rhould
he elected by the commissioned officers 0f the
legion and commissioned by the Governor.
1.-The organization Of the legion was placed
entirely il, the hands nf the Lieutenant Cen
er2l. Tho ouoa-commissione1 ollcars were to
be appointed l.y tho Captains, and the latter
to lie elected " tho companies to which they
we're attached.
Sec VIII. OF she Constitution OF tho United
States tAys. "ConErc,s sl,a]l have Inwcr to
provide Tor oEsanz!nc. asnitsG. and ,!i*e!pn-
i1g the u,iitia. aud it uas Decided in Iious-
ton :: $. Il IL. 169. that 80 far rs Congress
has provided for organizing the militia. tho
Legislative powers Of The States nro excluded
Well, the law Of t,o,'ssess. approved May 8,
l73., organizing the militia OF the United
states. ssys: Tile raj militia shall be OIL
ccrei 1,y the Respective States a. follows: To
eact division, a Major General aud two Aid
du-Cansra: to each slriSalc, Brisadier Gcn-
eral," &tc-, down to the nou. commissioned
COMPANY officers. naming cverv officer, and.
By a wt!lkuoxn rrinrirle Of 1aa, excluding all
tilicere 10, named, No Law OF tho United
the las Of 1102 in this respect, at least none
has ever provided for n higher militia officer
than Major General. Ths grade Of
Iau:cuaEt General has only exist
fact br virtue Of srtc,al Congressional ensct'
mentr- Their, il, = 30 far as Congress Ia,
provided for organizing tho militia. the Lesis
lxsivc powers OF the States (anu Territories
are excluded" and II Congress has not pro
viaed for tie creation by tho States OF Terri
esa of militia, il follows that the I4cS-latisi
a-=enliy and Governor Of Utah Tcrtitor,
exceeded their powers w!ten thev as-nmcd tt
create ono; md, a. tho Sauron Legion, 30
cal!etl, ii the work of an illegal officer, actin
un:cr ali usurped authority. it is an liega
= organization
l:ut, III fact, undes neither OF these sup
To-ed laws w,n the Nanvoo Legion Gret con
rti'utsA. They merely gave ssmblanca Q
legality sc An organization older than Cta
Territory, older tta1 tho Stata Of Deaaret-
to All nrEanizatson authn,izcd by and rcl
fectel uulcr The charter ef tho city of MAJ
VOC. granted by the Legislature OF Illinois
iSi0s charter which will never cease to bo
marvel until il is clean forgotten. Il ":
consented to unanimt,klrly by both Wig
and Democrats in the Legislature, becanf
the State WAS nearly divided between theu
and each WEE in sore need OF the Mormc
vote. To get au ilea Of the nature and epir
OF tho Sauvoo Legion It is on}y Necessary
glanco at the charter under which 1t v,
created. aad then note Its history IN nlino
and tiHce.
.sEy ,hi. charter eays Governor For,
of Illinois, in hi. hi-torv o1 thuso times, ..
Man propuse,f to eslRbIi-ls for tho Mor1nons
government within government; legisl
lure with power to pasE ordinances at v;
NTH tho State; cnurts 10 execute them wi
bu. little dependence On the constitution
judiciary, and military force lhe Naurt
Legion) at their orn command. to DO gn
erned by its own laws an! regulations, IN
iect to no State authority, but tlst OF L
Governor
Itssro ill the powers ever granted to
corporated cities and in such amldiguol
language a. could be construed into ii
ing great deal more. II provided I
Mayor. four Aldermen, niue Councillor
Nayor'r Court, consisting OF tho Mayor
Chief Justice. aud fcur Aldermen, as ass
ciAtc+, comforting OH the ,,tter court t
power to issue wIitn Of hht'cas corpus, =
This not opiy to trs tho .ufiiency Of VT
tho original ground of action. 1t rrovit
for the incorporation of tho 1l'le-batllel IN
alormurA Of militis sEe. into .o.1y to
called The kaavoo Legion, established
this body y tou't-n'ar.iai eo,nl,o~cd Of
eon,u,i-inne<l o,iicer<. all Independent OF st
laws aud otficets, ta'e t'ovet7lur, rs Comma
er-ln-Cl,icf, excepted.
This wonderful machine worked AZ mi
lave been expected. Tho Mayor Was at O.
the executive. the judiciary. aud part Of
legislature. AZ -A1Ebf, NG pIetIueI III
Common Council. nal a-%istcd in Masking
city ordinance. as Ma.or. also. he Was 10
that t1,o-e erlinarces were enforced. No :
ex-ot]icio Judge OF the Mayors Court, =
chief ju.tiee of tt,e Municipal G,urt, and
these capacities lie war to luterrret the IL
lie bnsi assisted to make. The Saurno Leg
Wa organized with great multitude Of b
oflicerr. and over them all. with the rank q
Lieutenant General. created l.y tho court-u,
tsa1 Of tue legion. wl,o shoall he rlacol,
ti1i- inevitable Mayor
Well. tllites went on Tho Common Co,
cii enacted that no writ irsuel from Any ot1
place than Nanyoo. for tue arrest Of any p
5t,a III Nauyoo shOu1l br executed in tls
unlcts approved bS tiae Mayor, fixing imp
onmeHt for life a. tlls 1,eualty for trasers
thia ordinance. and forb.d'iinE the Cover
Of the State TO pardon tha offender aEai
tho wish Of tue Aator! They eu.
cd that IN one in Nsuvoo suo
purchase real estate to sela again, or rho
be licensed 10 deal in CIirituous liquors,
the Mayer. who. It is neetlcss to say,
Joe Smith, head OF the church. They cst
l1rhed llcctriler'H office in Sauvoo, in vi,
=loue the title of property could be re.osd
and an office for treuing marriage
scncca to Aornons,, iusende<i to Eivo
aayor :ho eontrol Of ,he mary
rant Of law. The Municipal Court froqueu
aitclarEed by writ Of h15ea* coypns pers
accupcd OF high crimes and Offences agsi
the laws Of tile State; and On one occas
discharged a man arrested hy PROCESS frol
HovGrnment OF the United States. Owaer
property stolcn in adjoining counties, .
naderursuitinto Sauvoo. wore fined by the
courts for their tcmarisg. And when Norm
were convicted Of larceny. which WAS not
dom. tho brethren, tu the nnmler Of |, so
2.n0U, would sign petitions for their pa1t
They petitionetl Congresa for h Terrific
Government at NsHyon. within tho bound
Hli1.u;s. Tho Mayor having proc;
a fs'e'a.sHn aa;aeps es;alish''e f,e b,d pFo'1t M
crowned and annolnted Hing and rricsi,
instituted new and select order OF kiuSs
priests AZ r nobility announced himself a
independent rantiIats Tor President OF
C1ite1 Statce, and rent ont two or tl.rNc Il
Ra:'d rnissionatira TO preach and cl-csio
for him. Thnc he began IN re3ucc tn. q
:.1t1 daughters Of his r~tain-rr. right zn
wlicl. proved t.~' much for some OF t:lan
rclli.m l.roke out. and tho sct.irmatlcs tia
anewspaper in this holy clty, With the in
ticn Ct exposing aud dccuuncing Tue ali
cpdcr alucl tney suffered. One humber
the paper wse Issued: i. II said to havs
tanned the afti1avita at ti1teen Of the Il
OF Nanvoo. TO the effect tl:at the atayor
attempted their seduction moro or lcss ii
u.
Tbs proceeding against the press VI
good deal like that had hero recent; as
EDscl}rcctt!s fi.ucr store. Il is describe
an {. parte action. civil and ecc1esias
agaiist the pscrs iteelt. No jurv vas c
Ct rwat1,. no ~i:ue-ecs e1amucd under
9leCoun=.lmen stood up in tuta anil told
risry. by ~h,c, il appeared that tho oei
~ tho oneu~lve pttss wero slunera. vi
MASTERS, th,rvts, saiilsiirrs, couutcrfci
sna T.ttcrr, wheIenron :ho pross VAS
convicted A. pai'lic rs,:<aucs, and the u
tEieErd 10 allats j. a. suc..
Governor r"rd &ay- Of this precious
ectGiIs: "Ihe Common ConEcA |io!
.le law IN aeel,lnisc t,,,. e9o-clse Of il: