The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-09-26
A FOUL PLOT.
paign ?

! u.
All power exercised over a nation Estate
| people or community must have some be-
! ginning. It mast be either delegated OF
! assumed There are no other sources. All
delegated power is trust, and all assumed
power is usurpation. Time does not alter
the nature or quality OF either.
Since absolute control over the Terri
tories is claimed for the general govern
ment of the United States, it is import
ant to know from whence it derives
that power, and since that power must
of necessity have had beginning, It
would at least be interesting to know
when it commenced. If the absolute
power of the general government over
the Territories exists, it has either been
delegated to the United States, or it has
been assumed. If investigation should
prove that it has BEEN assumed, then
we deny the right of its existence. for
an assumption of power is usurpation;
and under our American system
of government no usurpation of powers
is contemplated. If there is one point
In our government more firmly fixed
than another, it is that ours is a gov
eminent of enumerated powers, and it
is part of the Constitution which
brought the government into existence,
that powers not delegated to the United
States are reserved to the States respec-
lively, or to the people. 1t follows
then, that if the geneal government
possesses absolute power over the Terri
tories, it must possess that power by
virtue of it being delegated to it by the
Constitution; and if that grant of
power is not specified in the Constitu-
ton, then it has no existence. for the
Constitution enumerates all the powers
granted to the government, and those
not granted have no existence.
The Territorial system of government
was begun under. the old Articles. of
Confederation in 1878, and the question
may arise, was not this claim of 'abso-
lutte control over Territories based upon
some grant of power contained in those
Articles of Confederation? We answer,
there was no such graft of power in
those articles, and if there were, it was
by the present Constitution.
If any valid grant of power exists
which gives the general government abb
solute control over the Territories it
must be in the present Constitu-
ton of the United States. After care
full examination of that instrument, it
will be found that such a grant of
power Is not so much as limited at. We
are aware that the Constitution sa IS: i
Congress shall have power to dispose of
aud make all needful rules and regulations
the territory or other property
to the United States.
1t is to this clause that some
demagogues refer as containing the
grant of absolute power of the general
government over the Territories. But
that this clause only means TO grant
power to Congress to exercise the pro-
prietary rights of government over ter
ritory that it may become possessed of.
and not including communities, is evil
dent from the phraseology, make all
needfGl rules and regulations respecting
the territory and other property
which plainly indicates that territory"
here means property and not communi-
les. 1t is by virtue of this grant of
power that Congress makes laws for the |
primary disposal of the sol, either by |
he homestead and presumption laws,
u by the desert land acts, timber culture |
avs, or direct grants to corporations.
some disIngenuous writer's on this
ubject, in quoting the above clause
rom the Constitutions Ssay Terri
Ories," instead of territory, but We
AVE before Us copy Of the