Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-06-10
CONVERSATION!
SPOLIATION OF THE CHURCH,
Decision OF tie Supreme Court Of
the United States.

/ court OF HSL resort IN the c1Se
against the Church Of Jesus Chris.
OF Latter-day Saints TO forfeit and
escheat its property, real and per.
fonal, TO the United States. has been
received and we are able 70 lay II
before our readers. a large part OF
the document is devoted 10 a history
OF the case with citations from the
anti-polygamy laws AMI the find
ings Of facts AMI decision OF the
lower court. As all Of these have
been published before in the Desc
RET News We only copy the text Of
the decision, which is as follows:
The principal questions raised
are, first, as To the power Of Con-
gress to repeal the charter Of the
Church Of jesus Christ OF Latter
day Saints; and, secondly, as TO the
power Of Congress and the courts TO
seize the property OF said corpora
ton and 10 hold the same for the
purposes mentioned in the decree.
The power OF Congress ever the
Territories Of the United States is
general and pieuary, arising from
and incidental to the right TO ac-
/ quire the Territory itself, and from
the power given by the Constitution
to make ali neediul rules and reg
ulations respecting the Territory OF
| other property belonging to the
| United States. IL would be absurd
10 hold that the United States has
power to acquire Territory, and no
power TO govern il when acquired.
The power to acquire territory,
other than the territory northwest
Of Ohio River (which belonged 10
the United States at the adoption of
the constitution, Is derived from
the treaty-making power and the
power to declare anu carry on war.
The incidents Of these powers are
those Of national sovereignty, and
belong to all independent govern
ments. The power to make acy!ui-
sitiOns Of territory 10y conquest, 10y
treaty and by cessi0n j. an incident
Of national sovereignty. The Ter
ritOTy Of Louisiana, when acquired
from France, and the Territories
west Of the Rocky Mountains, when
acquired from Mexico, became the
absolute property and domain OF
the United States, suffice: 10 such
conditions rs the government, in its
diplomatic negotiations, had seen
III TO accept relating TO the rights
Of the people then inhabiling those
Territories. Having rightfully ac-
CURED said Territories, the United
states government was the only one
which could impose laws upon
them, aud its sovereignty over them
was complete. No State OF the
Union had any such right OF sOvcr-
eighty over them; 10 other country
or government had any such right.
These propositions are 20 element
AIRY, and - necessarily follow from
the condition Of things arising upon
the acquisition Of new territory. that
they neet no argument 10 support
them. They are selfevidcut. Chief
Justice Marshall, in the case Of the
American Insurance ComTanv ct al.
~. Canter 4 Peters. 81. 5iIl well
said: "Perhaps the power o. GOV
erning = territory belonging 10 the
United States, which has net. hy he
coming n State, acquired the means
ofsen-government, may result neces-
sar1ly from the facts, that it is not
within the jurisdiction Of any bar
ticular State. aud j. within the power
and jurisdiction Of The United States.
The right 10 govern may he tie in
evisahlc consequence OF the right t.
acquire territory. Whichever may
Ice the source whence thc power )
derived, the possession Is uuuues-
toned" An. Mr.. Justice Nelson.
delivering the opinion OF tine court
IN BeRneT ct al. vs.. Porter O. How.
%, 242l, speaking Of the terri .orial |
governments established by Con
gress, says: They are legislative I
governments, ami their courts ies,is- |
iative courts, Congress, in the eXer-
else ofits powers in the organization |
and government Of the territories.
combining the powers Of both the |
federal and State authorities Chief 4
Justice Waite. IN tEe case u M
tiOnal Bank vs.. County Of Yankton
llOl L. :. l.9, 1881. said: In the
organic act Of Dakota there wSs not
an express reservation Of power i'm
Congress 10 amend the acts If the
territorial legislature, nor was il
necessary. Such 4 power is an incl
dent Of sovereignty, aud continues
until granted away. Congress may
not only abrogate laws Of the terri
torial legislatures, lit it may itself
legislate directly for the local gov
ernment. II may make a void act
Of the territorial legislature valid,
and a valid act void. In other
words, it has full and complete le.,is-
lative authority over the people Of
The territories and all the dcuart-
neDts OF the territorial govern
nents. 1t may do for the ter
-itOries what the people. under the
Constitution Of the United States.
nay 90 for the states.'' In "A still .
more recent case, and one relating |
o the Legislation Of Congress over
he Territory Of Utah itself, uisy17Ty :
HdBlSey, tlli Us. Is, -. ; Nr.Jus-
ice Matthews said: - The counsel for {
he appellants in argument seem t. {
question the constitutional power Of ! 5
congress TO pass the net OF March
2, 1852, so far as il abridges TIE I
lights Of electors ia the Territory
Inder previous laws. But that q
question l., We think, no longer 2
pen "a discussion. 10 has PASSED !
eyond the stage Of controversy into !
nal judgment. The people Of the /.
nited states, rs sovereign owners l
the National Territories, have u
lpreme power over them and their =
Inhabitants. In the exercise of this !
1vereign dominion, they are repre- ;
.nted by the government % the
nlted states, To whom all the Il
owens Of government over that SUP g
ct have been delegated, subject u
lly TO such restrictions rs are ex- "
7esscu in the Constitution, or are 7.
ecesslrily implied in its terms - u
oubtiess Congress. in legislatinc u
r the Territories, would bc subject u
those fundamental limitations in y
;rsonal rights which are formu- u
ted in the Constitution and its II
but these limitations Oh
ould exist rather 10y inference and Ct
e general spirit oi the COnstitu- ~
on from which Congress derives u
Its powers, than by any express W
I'd dircc; application Of it, pro- III
sioEs. 81
The sEDreme power OF Congress "
Ter the Territories and over the hi
Is Of the territorial legislatures Y
tablishea therein, is generally ex- Y
essly reserved in the organic acts tn
ia6lishing governments i'm said 81
This is true OF the Ter us
DRY Of Utah. In the 6th section tn
the act establishing a territorial ag
vernment in Utah, approved Sep. In
n5er , 1859, it is declared "tha; 20
legislative powers or said Terri co
= shall extend to all rightful sui gr
Us OF legislation, consistent with =.
: Constitution Of the United iii
ates and the provisions Of this fo'
= & n tho III