The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1884-01-16

RONCIumCuts IL Guo cStdUll5uulCut
il unwarranted,: the whole Terri
torial government should be abol-
ished by the repeal Of the oy-
ganic act, which is. in
part, the recommendation of
the President In his late
message to Congress; and then we
are left to consider only the second
proposition, namely: What kind of
civil government, if any, may be
given to the Territory? But the
laws of hundred years, and the
recognition by this Territory for
over thirty years OF the right of
Congress to enact this legislation,
finds it a settled question. The late
decision of the Supreme Court in
the case of National Bank vs.
County of Yankton, reported in 10l
Of otto Reports, pages 1872 and 1873,
which Is as follows, settles it author
itatively:
We dc not consider it necessary to de-
eide whether the government Of Dakota
had authority to call an extra session OF
the Legislative Assembly, nor whether
law passed at such q session or after the
limited term Of forty days had expired
would be valid, because, as we think, the
act Of May q, 1872, is equivalent to o
direct grant of power from Congress TO
the country 10 issue the bonds in dispute
1t ID certainly now too late to doubt the
power of Congress ID govern the Terri
tories. There have been some differences
OF opinion as to the particular clause Of
the Constitution from which the power
is derived, but tina! it exists has Always
been conceded. The act to adapt the
| ordinanne to provide for the government
| of the Territory northwest Of the river
Ohio to the requirements of the Constilu-
| ton II Stat. 50) is chapter of the first
session Of the first Congress, and the or
dinsnce itself was in force under the con-
federation when the Constitution went
into effect. All territory within the juris-
diction of the United States not included
in any State, must necessarily
be governed by or under the
authority Of Congress. The Terri
tories are but political sub divi-
sions Of the outlying domiLion of the
United States. Their relation to the gen.
ersl government is much the same al
that which countie. bear to the respective
States, and Congress may legislate fol
them as Stale does for its municipal
organizations. The organic law of 6
Territory takes the place of constitu
ton as the fundamental law Of the loca
government. 1t ia obligatory on anC
binds the Terri orial authorities; bu
Congress is supreme, and for the purpose
OF this department of its governments
authority has oil the powers Of the REQ
pie Of the United States except such q
have been expressly or by implication
reserved in the prohib tions of the Con
stitution.
In the orgsoic act of Dakota there Wa
not an express reservation of power il
Congress to amend the scs Of the Ter
ritorial legislature, nor wss it necessary
Such power is an incident of sover
eighty, and continues until granted away
Congress may not only abrogste laws G
, the Territorial legislatures, but IL ma
J Itself legisiste directly for the locs
government. It Macy make void act {
, the Territorial Legislature valid, a1d
! valid act void. In other words, it be
> full and complets legislative aathorit
over the people Of the Territories and q
! the departments Of the Territorial gov
l ernments. II may do for the Terriiori,
2 Whist the people, under the Constitutio
7 OF The United States, may do for tt
: States.
Therefore, it is your right an
duty to act, and may l ask that 20
pass statutes looking to the suppre!
:. sion of pOlvgamy ia accordance wit
the requirements Of constitutions
. law.
MAPpIAoE
9 Marriage should be made by Ia
a civil compact to be entered int
only by persons competent to coz
tract, and valid only as between Oh
> one man and the one woman, an
any other marriage under any Gil
/ cumstances should be declared vol
from the beginning. Should ind
b viduals, denominations or ascot;
i lions desire to impose any other an
!, additional requirements or solemn
? ties upon Sucn civil contracts, the
|, should be regarded as religious obi
cations only, and not to be enforce
!. or annulled by process of civil law
:. Parties desiring to inter- MARI
q should be required to secure Iicens
from the civil authority of th
8 county in which the ceremony is
: be performed, after giving bon
g with surety, and the license shOul
q be made matter of public recor,
The minister, priest, civil officer, {
. other person solemnizing the maj
i. riage, should be required to repol
. the same to the civil authority whic
q issues tho license, for like publ
o record. Penalties should be prt
y scribed against any persons who III
y lawfully intermarry, and agaiD'
is those who knowingly solemnize {
!, witness an unlawful marriage. TT
o confscation of any place or premis
!. should follow wherein the owner
owners, or those in charge, know
ingly allow an unlawful marriage
e be cOnsummated.
q ELECTION LAW.
. A registration and an election la
: in harmony with the requirement
= of the law or Congress, and lookin
9 to the future control and conduct
: these important matters under TIE
= ritorial law, are subjects for you
u careful consideration. Provisio
. should be made that will alIo
!, citizens to register under carefr
" regulations up to, and to vote on tt