New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-02-05
EX-JUDGE BLACK AND THE MORMONS
he ARGUES THAT THE ANIi-MORMON LEGISLATION i
UNCONSTITUTIONAL.

UNCONSTITUTIONAL.
WASHINGTON, Feb. III. w. Came, the
newly admitted delegate from Utah. aud Others sent here
from the convention which framed the constitution
under which they hoped that Utah might DO admitted
into the Union a state, are making strong opposition
10 the system Of measures, which, beginning with The
Edmunds act OF last Congress and followed up by the
new "Auti-Bigamy" bills pending, thoJ insist viii
have the effect TO deprive the people Of their consiu
tonal for life, liberty aud property, put them
under the complete domination Of their "a aciOus
enemies and them W root and branch.
ENJucg6 jeremiah 3 Black. counsel for
the Interests above indicated, has made an elaborate
argument before The judiciary Committee OF the House
during the past week In this argument lie took the
ground that the matters which these lave roat cd
marriage divorce Legitimacy OF children and succession
to properj IA tnoir nature NOR; pdre} domestic
private and local than any others 10 which human ltgis
laon applies II they have right to make their
own laws on these subjects than they have right Of
sef-government At all. But they had that right the
right belonged by and great principle OF uni
versal law 20 every separate community settled upon
public lands with the consent Of The Federal Govern
ment When these people cOl0nized themselves beyond
the limits OF the states they did not leave hric liberties
behind them. The freedom Of tine community results
necessarily from the freedom Of the indiyd-
uals tnat compose 1his the very
principal that triumphcd In the success Of our
Revolution. No deny II now except for reasons
which would have ie him Tory u 1916. The right
of local self gov rnment reserved by the Constitution
to he people Of the Territories as distinctly clearly
a. TO the States subject which Congress cannot
lcgislate In state is manitestly beyond i4 power
Territory.
Mr. Black asserted that what IL called the Edmunds
bill but which the senator OF that certainly did
not draw up expressly puts it's cOnsuutOnalIty on
the exclusive jurisdiction Of the United States In the
Territories. He denounced this simply false. No
such jurisdiction IL given, any jurisdiction al all
over local affairs IN the Territories than
in the States. Powers not given withheld.
This Is mere usuIpaton; gross violation OF the Con-
crime He asO cOntended that these acts passed and
proposed not ONLY unconstitutional bat antlcOnsti-
tutlOnal The Edmuuds bill carefully provides "A mode
" packn juTies and satisfied with that f. incts
punishment 81 total disfranchiseme without
trial conviction at all what II worse DO pos
government thInk themseyes Justified by the HOar
selling all the local offices and pub
lie money. Another provision 10 now proposed which
will infaiiib y DESTROY the existence OF the Leg
islatGrc; sull another disfrauchises all female
voters though their rights clearly vested those
OF male citizens, aud though they admitted to be
innocent Of every offence except that Of casing their
ballots in favor or honest ana free government II
bill OF pains and penalties, not 10 punish pOlygany but
to STRIKE tts whole people OF Territory WITH the
blasting political slavery The cOnstltutiOnaly
OF The act regulate marriage and divorce has been
But Mi Black sid that his point. lie protested
against all tls legislation as perhdous outrage upon
civil liberty oil people who are, and OF Hght ought
To be, free.