The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1883-02-11
THE MORMON QUESTION.
Objections of Judge Black to the
Legislation Proposed.

Mr.. Game, GAe n6Wly-eIecCed dele
gate from Utah, and others sent
here from the convention which
framed the constitution under which
they hoped that Utah might be adj
mltted into the Union as a state,
are making strong opposition to the
system of measures which, begin
ming with the Edmunds act of the
last Congress, and followed up by
the new "anJi-bigamy" bills now
pending, they insist will have
the effect to deprive the people of
their constitutional securities for
life, liberty and property; put them
under the CON plete domination of
their rapacious enemies and cut
them up root and branch.
Judge jeremiah S. Black, as
counsel for the adverse interests
above indicated, has made an elab-
crate argument before the judiciary
committee of the, House during the
past week. In this argument he
took the ground that the matters to
which these laws relate-marriage
divorce. legitimacy OF children and
succession to propeIty-were In
their nature more purely domestic,
private and local than any others to
which human legislation applies.
If the people of Utah have not a
right to make their own laws on
these subjects then they have no
right of self-governmena at all.
But they had that right; the
right belongs by nature and as a
great principle of universal law to
every separate community settled
upon public lands with the consent
of the federal government. When
these people colonized themselves
beyond the limits Of the state they
did not leave their liberties behind
then; the freedom of the commun-
ity results necessarily from the
freedom of theindividuals thatIcom.
posed it. This was the very princi.
pie that trlumphed in the success OF
our revolution. No one can deny il
now except for reasons which would
have made him a tory in 1776. The
right of local self-government is re
served by the Constitution to the
people of the territories as distinctly
and clearly as to the states. A sub
ject upon which Congress canno
legislate in state is manifestly be
You'd its power in territory.
What is calledIthe Edmundssbill
but which the Senator of that name
certainly did not draw up, expressly
puts its constitutionallty on the eX
elusive jurisdiction of the United
States in the territories. Judgt
Black denounces this as simply
false. Nosuch Jurisdiction is givel
nor any jurisdiction at all owe
affairs in the territories more thar
in the states. Powers not give1
are withheld. This is a mede usur
patton, a gross violation of the Con
stitution, which, if wilfully com
mitted. is heinous crime.
| Judge Black contended that thes
acts as passed and proposed wer
| not only unconstitutional but anti
constitutional. The EdmundS bill
carefully provides a mode of pack
ing juries; and not satisfied wit
| that, it intlicts the punishment q
| total disfranchisement without an
trial or conviction at all. What
worse, if worse be possible
it operates e1 post facto. Be
sides not only do the enemie
of free government think theI
selves justified by the Hear amenp
ment in Selling all the local office
and their Emoneyskb but another pre-
vision is now proposed which wi
infallibly destroy the existence c
the legislature. Still another dii
franchises all female voters, thong
their rights are as clearly vested 8
those of male citizens, and thong
they are admitted to be innocent {
every offence except that of castin
their ballots in favor of honest FIRE
government. 1t is a bill of pain
| and penalties, not to punish polys
amy, but to strike the whole peopl
of territory with the blastin
curse of political slavery.
The constitutionality of the act
regulate marriage and divorce ha
bean mach questioned as an invs
| sion Of religious freedom. Bu
| Judge Black said that was not hi
point. He protested against all thi
| legislation of a peridious outrag
upon the civil liberty of a peopl
who are, and who ought to be free
| Washington Post.
Il