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Show ! WAR ON RELIGION. Letter V. 1 " is therefore proper t s-nj that while j the case at bar is catted "Ihe People : versus llriijham Yoitni,' its other and REAL TITLE tS FL'DEKAL AL'- ; THOHTTY vertus POLYGAMIC TIIEOCKAC Y.'' Opinion uf Ciiiel' .Justice J. Li. McKean. j MOItE OK THE TKltltlTOIll AL QL'EiTlON. Editors Herald. In my Ut, not be- ing able to do justice to a subject of such great itiiortnnco as tlie Territorial I tiie.sllun, in tlio limitod space aliuled for ii newspaper article, I proposed to pro-sent pro-sent further evidence and argument in : relation to tliis matter. I previously gave the opinions of -Mr. Calhoun, Oca. ; Caes, Guvcrnor Walker tmd Senator i Douglas, and cxlrncU I'rotii the Constitution Consti-tution of the United State;?. President I .Buchanan on this subject says, this legU-! legU-! lalion is founded on principles as an-i an-i cient as free government itself, and in accordance with them lias simply declared declar-ed tliat, the people of a Trrritonj like those of a State aha It decide for th cm-set cm-set vs. The Constitution of the United States commences with "We, the peoplo of the United State3, in order to form a moro perfect union, establish justice, insure in-sure DOMESTIC TRANQUILITY, provide for tlio common defense, proinoto the general welfare, and Eccuro the blessings bless-ings of liberty to ourselves and our jos-t'-rihj, do ordain and establish litis Constitution of tho United Slates of A mericn." Governor Walker says, "Isdemocra-! "Isdemocra-! ey a niinie aud a shadow, or a substance? I It moans tlio power of the 2)eopt-. Or ! Jias it lo.-t its truo signilicaLion? Or are ! we moving from il with viewless, but rapid strides towards despotic power; to make and unmake tlio rules of political faith under (tains and penalties abhorrent abhor-rent to the souls of freemen? Is this tho eighty-second year of our independence? Or is it tlio tirst year of American monarchy, mon-archy, that is now dawning upon us?" which Governor Wise of Virginia endorsed. en-dorsed. TEMl'OltAUV UOVEltNMKNTS. Iu the .Semite, March 12, lSoil, Mr. ! Iuglns,in discussing this question, asks I tlirhcncc congress derives authority to organize temjiorari governments for the Territories ? A Stale is a sovereign : power, limited only by the constitution ot the United States. There is no au-! au-! thority for putting a restriction upon tlio sovereignty of a new State which the constitution has not placed upon llto original Stales. The power to organize temporary governments is not granted in tlio 'power to dispose of and make all i needful rules and regulations respecting the Territory and oilier property belonging belong-ing to tho United States.' This clause confers power only to provide for surveying sur-veying tho public lands and exposing them lo public and private sale, issuing patents, confirming lilies, etc.; in short, for making rules and regulations for protecting and disposing of tho public domain and oilier public properly of tlio United Stales, which power extends lo the hinds and other property of the United States as well as in the Territories." Territo-ries." Kov do Mr. Douglas' views end here. In the olid congress, on the loth i of l'Vbniai'y, in the Senate, the qucs-, qucs-, lion was taken on a substitute bill, in j which, among other things, it "declared I thejicople free to regulate their domestic institutions in their oivn way, subject , on!; to the constitution of ihe United i Slates." The substitute was adopted, ;Si ', to It). Thus tho various partis, with I their several conllicliug political creeds, all agrecil on this one fuel, and with a preponderating portion ofu-j-lo 10 in j thai august assembly, that sovereignty i was vested in the people; that tbeir j voice must bo heard and their action " ""LJ wjiu "OLinau iieu . regulate tbeir domestic institutions in their own way, and that their power was only limited by the constitution. Having investigated tho principle of I'OI'ULAii it Hi 11 T3 And Hie Inherent, inalienable, rights of man to have u voice in his own government, govern-ment, we 13 11 d it as old as assemblies, communities and organizations of man: a principlo acknowledged by various governments, a fundamental principlo of the government of the United Stales; that it was interwoven into our constitution, consti-tution, sustained by presidents, governors, govern-ors, generals aud statesmen, and indorsed in-dorsed by the senate of the United Suites; thai it lies nl the foundation of all democratic uud republican institutions; institu-tions; that senators, nor statesmen, nor generals, nor congress, nor presidents, nor judiciary havo a right to interl'ero with this inherent, inalienable. God-given God-given right: that it is as orthodox as democracy or republicanism, and as American as the cons tilu lion of the United Status. If the above ho true, llien, and who j can doubt iLY what becomes of this in-i in-i tolerant, unauthorized interference with I the people in tho Territories ? for we j are only one among many. AVhat of the ignoring of the people? What of the judicial clap-trap now in our midst? But to proceed, let us examine some of the arguments in opposition to this. 1 need not refer to the antiquated opinions opin-ions of kiHgs and monarchists, "that the peoplo arc not competent to govern themselves;" but woj Id simply ask, who aro? Aro kings, rulers, presidents, nnd legislators tho people 7 or have they j acquired some special divine right by bloodshed, robbery aud plunder DOES AtlE SANUTlr'Y. WHONG f jVtr. Collamer, of Vermont, in a minority mi-nority report on Mr. Douglas' measures, says, "This has been done for sixty years under the power to disposo of and miiko all needful rules and regulations respecting tlio Territorial and other property of tho United States;" which power, as abovo demonstrated, is no power, but a usurpation of the people's rights. But it has been done for ti.ry years. Does iigesnnclify a wrong? Why did we object to British rule? Il was more than si.r.y years old. Would Mr. Cnllnmer cling to British institutions be-cnusoof be-cnusoof their venorablo age? or have us go back to European, Asiatic, .Egyptian, .Egyp-tian, or Mongolian rule because of their antiquity ? An inherent right can never bo made wrong. Mr. Chase, of Ohio, senator Houston, of Texas, and others contended against tho rights of the people, becauso by tlio passage of an act of popu lar sovereignty sovereign-ty the Missouri compromise would bo broken. All i havo to say ol" this is, that if unconstitutional compromises aro mado, wherein the liberties of tbc people aro bartered away, the sooner Ihoy are broken the better, and that great instrument of Irusl preserved inviolate invi-olate But 1 would iLik here, what have geographical I'nes 10 uo Willi tho people's peo-ple's rights ? Can constitutional guarantees, guar-antees, freedom and the rights of man bedelined by any particular survey? Upon what principle does one man obtain ob-tain tlio rights of citizenship and freo-doni freo-doni on ono side of a geopraphi-cul geopraphi-cul line, and another man one mile or ono thousand on tho other bo deprived of it, all living under tlio same government and guaranteed the same constitutional rights ? If there would bo any dilt'orenco it ought to bo in favor of tho pioneer; tlio man who has tho Courage and energy to penetrate pene-trate tho desert, make roads, build bridges, erect mills, open mines, develop de-velop the resources of tho country and expose himself to and triumph over obstacles ob-stacles that frighten tho more timid; but theso aro the men who through false legislation aro tabooed; theso arc evils that demand tho serious attention of our statesmen. Mr. Douglas, in speaking on this subject, says, "1 do not like, I never did like, the system of legislation ou our part, by which a geographical geo-graphical liu", in violation of the laws of nature, and climate and soil and of the laws of God, should be run to establish estab-lish inslitutiuus for a people contrary lo their wishes.'' An eminent political scientist has truly said, "if government is necessary for tho government of the whole, evory individual member ought to participate in tho selection of its measures; as government is a contrivance con-trivance for the security and protection of individuals, each individual should have a voice in providing for his own welfare and security. Or can he possess ' tho uncontrolled exercise of private 1 judgment?" C'jXGBXSd A NO TKlllUTOIllLS. But, again, it has been slated that if congress protects tho people, they ought ! to havo a right to govern them. What is meant by this? The objector can bet-I bet-I ter tell than I can. Does congress make the people, or do tho people make con-grc.--? I have always understood, as -titled in the constitution, that the Union was established "to insure domc-lic tranquility and provide for ihe cohimon dfj-.nse." AVhat does that mean? The eastern, or western, or southern Slater or the whole people, as stated "for the i eommun defense-'' AVhy Southerners I usedjto protect theirslaves. "But congress pays your Territorial i expanse?, and therefore has a right to ' fovern you.:' Now this is extraordinary. ! havo always been of the opinion that : the people paid those expenses. AVho I pay the expenses, equipment, pay and j .-alaricj of Iho army and navy of the j United Stales? The people. AVho pay i tho salaries and per diem of congress? con-gress? Tho people. AVho py the ' salaries and expenses of the judi- : ciarynndlhe President? The people. And this people are helping to pav to-J day the expenses of theso courts and the j salaries of theso ollieials who aro sent , here without our consent, nnd who at- , tempt to oppress, rule over and destroy us. AVe might apply tho same answer to the aforementioned protection. Why -are we taxed to-day for paying the ex- ; penses of the war? Does protection mean somebody else besides us? And' must we pay to prutnet them and leave , ourselves out? Slaveholders protect and i provide for their slaves. It has yet to be demonstrated that this U an argument for serfdom. But government does not protect us here. It is truo it has uiul an army, not to protect, but to watch n. To treat us as enemies, to hold us in tcrrorem. And in years past, iu our Indian difficulties, tho army has been watching us in Camps Floyd and Douglas, while we, the people, have been lighting Indians In-dians iu the south and other placos. AVe havo expended upwards of ono million dollars in this warfare, which up to tho present is unacknowledged and unrequited. unre-quited. Thus we have really done our own lighting and paid government for watching us. Tins is such protection as wolves give to lambs, and is one oi the ovils that arises out of a departure from constitutional obligal:ons. Having commenced with us, the question very naturally arises, where will it ond ? Our present anomalous position may form a specious pretext for religious fanatics, political incendiaries and thieves to make their raids upon us. But calm, rcllccting men can perceive that they are sowing dragon's teeth, iho fruit of which will bo living monsters and standing armies, to overawe and trample under foot every good citizen, to tear in piecoa tho beautiful fabric we havo raised; to dethrone justice, uproot liberty, liber-ty, trample on tho people and the rights of man; to introduce anarchy, confusion and bloodshed; to chant the funeral requiem re-quiem of liberty, and to send n wail of misery through the land, for if these principles of injustice and inhumanity can be practised with impunity upon us. as tyranny is always aggressive, it will nol be long beforo tho samo rule, or mis-rule, will bo applied to others; the sword once unsheathed will clamor for more victims; encroachment will tread on tho heels of encroachment; each aggression ag-gression enforced by tlia sanguinary power we have been making, the notion will be bound in chains of its own forging, forg-ing, until liberlj', feeble, bleeding and strangled, by its professed supporters, lies a. helpless, prostrate, mangled corpse, the taunt of tyrants and reproach of kings. Having disposed of tho abovo question ques-tion 1 now proceed to make further inquiries in-quiries in regard to OUH OWN POSITION. When we settled in these valleys it was Mexican territory, and only camo into the possession of the United Stales by conquest and tho treaty of Guadeloupe Guade-loupe Hidalgo. Mr. Seward in the Senale, on tiio loth of March, 1850, in contending for the admission of California Cali-fornia as a State, in answer to objectors, says, "California conies unceremoniously, unceremonious-ly, without a preliminary consent of Congress, and therefore by usurpation. This allegation, I think, is not quite true, at least not quite truo in spirit. volition. AVe tore California and New Mexico (and ho might have added Utah ) violently from their places in tho confederation of Mexican States, and stipulated by tho treaty of Gundaloupo Hidalgo, that tlm 'lWri!.irioB thm inquired in-quired should bo admitted aj States, into tbo American Union as soon us possible." California applied as above 1 speciQed and was admitted. Deserot applied under the same stipulation, tho same treaty obligations, and was denied. We asked for bread and they gave us a stone, an unautborizednconslitutional government, a relic of monarchy, a fungus ou tho body politic, an appla of discord, a Territorial government which has boon the prolilic source of all dilli-culties dilli-culties in this country from that day until tho present; for even in this our liberties aro proscribed more lhan many others similarly situated. situ-ated. For instance, in the Territory of Oregon, the governor possessed no veto power, it was prohibited. In Kansas and Nebraska, as Territories, tho veto power of tbeir governors could be controlled by a two thirds vole. la Utah tho veto power is absolute, and tho whole community are thus disfranchised; disfran-chised; liberty with them is like the apples of Sodem, pleasant to look at and talk about, but crumble into a noisome vapor at the touch. "J3ut you accepted it." How could wo help ourselves ? Mexico had to submit to tho terms of her big brother. The French provinces of Alsace and Lorraino had to submit to the terms of their Prussian conquerors, and we, having by the United Slates' conque.t fallen into their hands, nnCi having asked for a republican form of government, and been denied, hud either to accept the Territorial excrescence or bo considered enemies ol tho United States. Such is tho position that tbo departure from constitutional guarantees placed us in. California's claims were admitted, ours ignored; Kansas, Nebraska and Oregon preserved some rights, we havo none. Tho objector to democracy will say, "Did 1 not tell you that a democratic or republican form of government wus NOT ADAPTED TO A LAllOE l'KOI'LK, And do nol your statesmen furnish n proof of this?" No. These aro abuses encroachments upon Iho rights of the peoplo and want.correcting. Congress in giving Territorial forms of government, govern-ment, nsautnes monarchical powers A Territory is not a republican form of government, but monarchical, nnd. therefore is a departure from republicanism. republi-canism. No system ought lo be blamed for its pervorsion; let true republicanism bo carried out, in good faith, and it is adapted to a nation, an empiro or tbo world. AVere L an apologist for congress I would say, that owing to the healed controversies con-troversies and fierce disputes that have been engendered in tho discussion of slavery, and other national questions iir trying to compromise, fundamental liced. Such was tho nature of tho Missouri Mis-souri compromise; which was disrupted and broken down when the constitutional constitution-al rule was applied. Such also aro Territorial Ter-ritorial governments, which crumble under tho touchstone of truth, and will not bear the lest of republican ethics or democratic criticism. THE CONSrJTUTION BINDINU O.N CON-(.IKE'S. CON-(.IKE'S. It is generally supposed thatno wrong was intended; and that although Territories Terri-tories havo nol a republican form of government, and aro deprived of many rights onjoyed by the States, that as they soon emerge into States the diliiculty is only short lived, and that as the United States ollieers aro all republicans, they would not be likely to do much wrong. This is all very well in thcory;;tbe practice is very diflerent. To begin with, there i is really uo excuse for Congress violst-' ing tho Constitution. If that instru- I nient is binding upon the people it is also in Congress, in regard to government govern-ment appointees, the reverse is ihe fact to tho views abovo given; government appointees aro not like Caesar's wife "above su-picion." Were we governed" by good, honorable men, although in violation of republican principles, it would nol make much difference; when wo are not, it gives them power to j oppress us, and subjects us to tho same dilliculties that the declarers of Independence complained of. Again, is time no object, i the life-time of men of no importance? AVe havo thousands of men in our Territory today to-day who were from seventeen to twenty when they came here, who are now upwards up-wards of forty years of ago, who Iwve never known anything about a republican republi-can form of government, only by hearing hear-ing or reading of il; what recompense is ollered them for the surrender of their liberties for a life-time to strangers? That our ollieers a:e nol abovo reproach is evident from the position of the present pres-ent importation. Not ono person in Ibis Territory had a voice in their coming horc, and not one in a Ihouumd would vote for their continuance. This is not republican or democratic. None of the boa-ted tu. pop, Ui about thi-. AVe |