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Show WAR ON RELIGION, NO. 111. It is therefore proper to say that while the east at bar is called ,lThe People versus Briham Young," its other and real title is "FEklKRAL AU-THOK1TY AU-THOK1TY versus POLYGAMIC TUEOUKACY." Opinion of Chief Justice J. B. McKean. Messrs. ii(ors.--Thc principles oruni-vcrsal oruni-vcrsal liberty, innlienftbloriglils.inhoront in every man born into the world, .to which I referred in my last, aro cosmopolitan cosmo-politan in their nature, lho rightful inheritance in-heritance of every man, and are applicable applic-able only to a reftenoratod political world. These aro tho principles that the Latter-day Saints beliovo in, and aro in fact lho leadinjp prominent lea-lurea lea-lurea of tlio kingdom of God. .For when God's "will, shall -be ilono on earth, a it is done in heaven," the uliackles will bo knocked from every enn and daughter of Adaui; there will be proclaimed a universal jubilee, ju-bilee, and all mankind will bo free; every wrong will bo suppressed, and ovory right maintained; tho living, glorious, eternal principles of "doing unto all men, n we would thoy should do unto up." will prevail. Then social, political, religious and judicial tyranny, ajiall hide their hoary heads and bo buried bur-ied in everlasting oblivion; then those heaven-born principles announced at the birth of Jesus, "iVace on earth and good will to man,'' shall bo proclaimed to every nation, heralded to the world, thundered from every mountain top, reverberated from lull to hill, and echoed ec-hoed in overy vale; thoy will be whispered whis-pered in every household and bo wafted on overy breeze. Then all hearts shall bo nitule f,lad, and the voice of mourning mourn-ing and sorrow be banished from tho earth . "Auil BVoiy iiiiiu In irverv plu-, , Shall Tiieul a lirotlior huu a irioml," and as l'urley 1. Pratl ban il: 'Come, ye sons of doubt and wonder, Indian, Moslui, (Jri-ek, or Jew; All your ilisckles burst Asunder, Freedom's banner waves fur you." This is what tho Lalter-dny Saints are P,.;nn inniKriirnin .Inilrrn Mek'onn says it is a system that is on trial; he does not know it, but tho above id the system; what ho is pleased to call ,:i'olygamic Theocracy1 against which he says .Federal authority is arrayed, or in other words, the United fcjlates versus popular sovereignty, tho inalienable rights of man, universal freedom, the reign of peace, the kingdom of God. The United mates government do not profess this; they have entered into no such compact. The republic of America Amer-ica is simply the act of the people of 1 America. The constitution is a solemn compact, entered into by lho peoplo, 1 : which composed tho llicn, colonies of I America; by which the soveral peoples and States that should bo organized un- 1 der it, agreed to abide, among one ; another. They were not legislating foi the world, nor forming compacts for any- other people than their own; they did not even prohibit slavery; thoir compact was simply with the Caucasian Cauca-sian race, then within, and that should hereafter endorse tho compact in tho United States. 1L may bo asked why lho frainers of tho constitution did not carry out tho views enunciated by tho doclarors of independence, iu regard to tho inalienable inalien-able rights of man; and allowed in article ar-ticle iV, sec. 2, of tho constitution, slavery lo bo continued and porpotua- i tod? Simply becaitBo thoy had not tho moral courage, or power, to enforce principles that to their Understanding and menial vision wero '.'soil' evident truths." Wore 1 their apolegist, 1 might say, that just emerging from despotism, composed of different dif-ferent nationalities and. tv diversity of interests, lindingit Impossible to agree on ovory principle; thoy thought it bet ter, as a compromise, to aacrilico Ibis one and retain eo many that wero good, than to lose the whole, break up in confusion con-fusion and lose their national unity. Itul this sacriliro 1ms cost tlio nation dearly, for, us the tree in which is deposited de-posited the small insect, continues to grow and flourish and spread forth its branches and foliage, while a deadly. cankor is penetrating the trunk and j threatening its destruction, so slavery for ! nearly a century, has been a subject of ! bitterness, acrimony, heart burning und hatred; annually disturbing tho councils of tho nation, until it culminated in one of tlio most bloody, revengeful, fratricidal fratrici-dal wars - recorded; in history thus oxhibiling a terrible retribution, for lho I violation of natural law and inalienable right. : It may be asked, if Litis instrument ! was impei-fecl, why do you sustain it? ; Simply thnt, with this one fault, it was i the best instrument in existence, and il was alt and more limn llio nation has 1 ever lived up to. 'Why did Joseph ! Smith say it was given by inspiration of i God, if it was imperfect? Does lie i sanction imporfecl things? Yos; when a whole people want them, lie allowed j ancient Israel to havo a king; but at tho stimo time told thorn ho would bo a curse. (Seo I Sam., VIII chap.) Ho placed the children of Israel under tho law because of transgression; if they could have endured the gospel thoy ' might have had it, which was moro perfect. per-fect. It is but fair lo say Ihen, that tlio liberty they professed was only for themsolvesj for tho Jiiiiijpean communities communi-ties who might come bore, tho Caucasian Cauca-sian race; not the nogro; notthelndians, perhaps nL tho Asiatic or Chinese, but lo tho white; everything else professed is a falsehood, a sham, it docs not, or did not profess to give liberty to thorn; only to the white man. Fourth of July orators ora-tors sometimes intheiroratorical flights, talk of extending their principles to tho world, and proclaiming universal liberty liber-ty and tho inalienable rights of man, but this is only a momentary gusli of enthusiasm, and dies out, as do the clang of bolls, the sound of music, and hurrahs of tho populace. The abovo is the higher taw eo much talked of and which men seem so little to understand.. If the United States government therefore abide by the constitution of tho United Stales, thai is all that can be required re-quired of them, liy these however thoy arc in honor bound, just as much as men aro in honor bound to meet their linancial arrangements or other promises promis-es lo pay; just as much as tlio Free ilasons, Odd Fellows, Druids, or any other organizations are bound lo abide by their covenants. it is our rights therefore, as American Ameri-can citizens, that wo havo to examine. Tlio constitution may very proporly bo said to be the political Jiiblo or law of tlio American nation. It contains the doctrines, doc-trines, organizations, rights, privileges, powers and immunities both of tho citizen citi-zen and nation: as lho Uiblo contains lho doctrines, organizations, righls, privileges ana laws oj mo tjnnstian, ana church, it is a political text book or book of reference, and is tho end of all questions; by all parlies. The rights of citizenship has for ages been considered ft great boon among tho nations. In many instances it conferred great and special privileges, as in Liroece, Kome, France, England and other nations. Tho right of sud'rage, was ono privilege prominent among thoso rights. In most Furopeau nations; and in .England to-day, many of those "privileges are yet eslanL In formor days Paul of larsus being iu danger from tho rulings of a corrupt imrtjzan court, availed himself of his lioman citizenship, and said "X' appeal unlo CiL-sai'." To this appeal even those magnates had to listen, and conceding his ngliU, said, "Unto Cmsar sbalt thou go." Tho United Slates aro noL less zealous of individual citizens, rights, than were tho ltomaus; and stand ready to employ a couul or aiiibassudor, a ship, Heel, aii army, or tho nation in thoir defence. Lelushopo, that while ; they aro just in maintaining tho rights I of one individual, which a decent respect j for their political status require;; thaL the nation will not bo less just or magnanimous, mag-nanimous, when a hundred thousand American citizens, appeal to them for redress. In tho agreement or compact of the constitution; which is really, asdctlarcd, "A more perfect union," formed by "the people of tho United State, :' tho f.il- lowing powers are ceded, by the people, , to the government. "Alt, I. Se. VIM. To lay and collect col-lect liiies, duties imports, and excises t- pay lho debu and provide for tho : common defence, and general welfare of tho United States; to borrow money; to regulate commerce with foreign nations, nnd among the several Slates, and witii tho Indian trine i; to establish a uniform rnlo of naturalization, and laws of bankruptcy; lo coin money and ti x the standard of weight and measures; ! pimi-li countorfoiting United States I coin, and securities; to CxLal;li:i poat orticoiand rwlq promote science and 1 art; to coiutiiulo tribunal3, inferior to tho supreme court; to punish piracies and felonies; to declare war.grant letters of marque and reprisals; to raise and support armies, to provide and maintain a navy; make Laws to govern lho land and naval forces; for-ces; lo provido for calling forth the militia; to execute tho laws of tho Union, suppress insurrections and re-' pel invasions; to provide for organizing, arming and disciplining tho militia; and for governing such part of them as may bo employed in tho service of the United Uni-ted States; reserving to the States respectively re-spectively tho appointment of the officers, offi-cers, and the authority of training tho militia. To exercise exclusive legislation legisla-tion over the district, now known as tho District of Columbia, and such places as shall bo purchased for tho erection of forts, magazines arsenals, dockyards and other needful buildings; and to make all laws which shall bo necessary find proper for carrying into execution tho foregoing powers, and nil other powers vested by this constitution in the government of the United States; or in any department or ofiico thereof." Art. I. Sec. I says, "all legislative powers herein granted shall bo vested in ft congress of the United States, which shall consist of a senato and house of representatives." "Sec. 111. The senato shall havo the solo power to try all impeachments." "Art. II. Tlio executive- power shall bo vested in a President, who shall be conimandor-in-ehicf of the army and navy of tho United States; and of the militia of the several States, when in the service of lho Unites States. He shall have power to grant reprieves and pardons, for offences against the United States; excopt impeachment; he shall have power, by and with the advice and consent of the senate, to fuako treaties; appoint ambassadors, other public ministers minis-ters and consuls; judges of tho supreme courts.and all other oihcors of the United Slates whoso appointments aro not herein otherwise provided for, and which shall bo established by law; lo lill all vacancies that may happen during tho recoss of the Senate. Ho may on extraordinary occasions convene both or cither house of congress; receive ambassadors and other public ininistors; take caro that the laws be faithfully executed; and 'Bhall commission all tho officers of tho Ur.itod Statos." "Art. III. Tho judicial power shall bo vested in one supreme court, and such inforior courts as tho congress may from time to time ordain and establish. The judicial power shall extend to all cases in law and equity arising under this constitution, the laws of tho United States and treaties made, or which ' shall be mado under their authority; to all cases affecting ambassadors, other public ministers aud consuls; to all cases of admiralty and maritime jurisdiction; juris-diction; to controversies to which the United Statos shall bo a party; to controversies con-troversies between two or more States; between a State and citizens of another State; between citizons of different Statos, between citizens of the same State claiming lands under grants of different States; and between a State, or i tho citizons thereof, and foreign States, l citizens or subjects." "Sec, III. The congress shall havo power to declare tho punishment of ; treason." "Art. IV. Sec. III. The congress shall havo power to dispose of, and make all needful rules and regulations, respecting tho Territory or other property pro-perty belonging to tho United States." "Sec. IV. Tho United Stales shall guarantee to every Slate in Ibis Union a republican form of government; and shall protect each-of them against invasion.''- All power professed by the United Stales government is contained in the above; which in reality constitutes tho powers and authority of the United Stales governm ent. Its powers may be described as; legislative, judicial and three separate and distinct authorities belong lo them, either separately or conjoined as may be prescribed; all other powers not enumerated or specified speci-fied in tho abovo belong lo tho people or to the States. If there is any en-; en-; croachment upon the above powers by . the peoplo, it is an injustice and a direct infringement upon tho rights guaran-l guaran-l tcod by lho constitution; and on the other hand, if any of the abovo authorities, author-ities, either the executive, legislative or judicial exceed their powers and privileges, privi-leges, and 'encroach upon tho people's rights, thoy commit nn outrage upon tho pooplo and violate not only good faith with tho peoplo but . tho sacred oaths they have taken to maintain inviolate in-violate tho constitution of tho United States; for as wo said before; "'All delegated dele-gated power is trust, and all nssumcd power is oppression." Presidents, governors, gov-ernors, legislatures, judges, etc., etc., havo no moro right to interfere with" tho people's rights than tho peoplo havo to interfere with their official duties. As all governments heretofore of every i kind, among all nations, havo tended ' towards encroachment and oppression, and as tho then infantile nation had just i emerged from a slate of despotism and a great number of flagrant wrongs enu- : mcratod iu lho declaration of'indopen- j denco, they .wero vory careful, in this instrument, lo protect tho people in all . legitimate, personal, civil, religious and j social rights; and to placo them iu a I position whereby thoy nor their posler- ! lty should over be encroached Upon in a similar manner. j Laboring under nccummulaled acts ' of tyranny; groaning under oppression and wrong; smarting under too taunts of -imported minions; tho American pooplo presented tho sublime spectacle of a whole continent determined to be free ! They issued their declaration of independence; wrenched lho manacles from their limbs; and throw them as a gauge, at the feet of their forgers; entered en-tered into articles of confederation, framed a constitution, crcctod their liberty poles, flung to tho breeze the Stars and Stripes Stars, a light to themselves and friends; Stripes for tho enemies of freedom and tho rights of man. That king of birds tho eaglo which dares -unapproachablo heights, ana on its powerful pinions soars aloft in the wide un fathomed upper bluo, and gazes with unblonchcd eye on tho meridian sun, was selected as thoir emblem. em-blem. They resurrected tho twin goddesses of justico and liberty; and chimed a boll that with sonorous, solemn, sol-emn, yet with joyous, jubilant tones, and which, as it was written on itself, "Proclaimed liberty throughout tho land;" tho. lro of freedom burned in every patriotic heart; and in that instrument, in-strument, thoy were determined to per- potuate to their posterity and succeeding succeed-ing generations, that freedom and liberty they had wrenched from the hands of tyranny. Tho next Inquiry is: how is this government thus organizod by the peo- olllccrs to be chosen, and by whom? this is also provided for in the constitu- ' ion. Hoc, I. provides that all legislative 1 powers shall be vested in a congress of lho United Slates, which shall consist of a senate and house of represcnta- lives. Sec. II. provides that tho house of representatives shall bo composed of members chosen every second year, hy the people, "n the soveral Slates. Sec. III. provides that the "Senate i of the United States, shall be composed ; of two senators from each State, chosen by tho legislature thereof." 'Ihus tho houf o of representatives arc choaen direct j by the people and the somite by the legis- ; laturo of each particular State, which legislatures are chosen by the people. ! Tho wholo legislative department, if not slrietly democratic, is a representative j republican organization, ar.d originates j with tho people, and was designed to bo ; perpetuated by them as a living per- ; potuul inheritance, who according to their numbers proportion their rcpre- 1 seuUtioc, and according also to another broad and acknowledged principle, ' based on property qualification;, of taxation tax-ation and representation; hence thetwo-liftlis thetwo-liftlis rule ol tlio nf'gro population con- ceded to tho South was ba-ed on this principle, being simply proprietary; goods and chattels, not men. Tho executive or president U id-o cho-en by the people, not indeed directly, direct-ly, but tli rough presidential electors, which electors aro chosen by the people for that purpose, hence the resident receives hii power itoiu the t.o.c 2i0j)uti for four yedr.i, The judicial power of the United States diil'ers in tlio mode of its organization organ-ization from that of the legislative and administrative; for although tho furc-montionrd furc-montionrd two organisms derive llieir power directly from the people, and aro strictly popular and p 'preventative, 'preven-tative, the judges are appointed by lho president, by and v;ith lho conrnt of tho senate, and hold their officer during good behavior. Thus tlio wholo Kov-ernuioncicopt Kov-ernuioncicopt lho Unite! Slalom ju diciary, derive thoir authority by, and with, the consent of tho governed. The appointing power however, bcing popu-lar popu-lar representatives themselves, it is only oho removo therefrom; at any rate, this is a provision of the constitution which is as binding upon all as any other. In tho States, judges are generally elected by the peoplo. From the above wo gather that the whole foundation and superstructure of American ethics or jurisprudence is based upon the popular will. That its executive, legislative and judicial powers pow-ers originate with tho people, and that the people having granted to the men of their choice, certain powers agencies and authorities, to act for and in their behalf; limiting all of them by tho provisions pro-visions of the constitution, which all of them take an oath to support, tlu-y re-sorvo re-sorvo to themselves, to their St.no or to "tho people," all the remainder. Hero we may pause and enquire, if in- i deed tho abovo is a correct exposition of : our rights and privileges as American : citizens, how is H that such infamies can 1 transpire as havo lately boon exhibited in our courts 7 1 may be here met with a statement that wo aro only a Terri- ; tory; truo wo aro only a Territory, but wo aro American citizens, and have 1 never abjured our citizenship nor rclin- j finished our constitutional guarantees, j ( The Territorial question, I propose to examine hereafter.) But would now remark, re-mark, if tho abovo bo truo. and the ! axiom of the declarers of independence : bo correct, that tho governments "derive "de-rive their just powers from the consent of tho governed,'1 what becomes of; our federal oilieors, for not one of our ' citizens invited them here, or had any I vote in their coming; nor was thoir consent con-sent asked. If all just powers aro de- ' rived from tho consent of tho governed, j then tho powers exercised by them must I bo unjust. "Do men gather grapes of j thorns, or ligs of thistles?" Who aro j the instigators of our present difficulties? . Every 6chool-boy knows. "Who have j been seeking to introduce anarchy, sedition se-dition and strife '! Let our federal ofli- I cers answer; are they not here simply as j plotters of mischief, as conspirators against lho peace of tho peoplo ? Pro- ' fossing to administer law; have they not i been tno Iirst to break it 1 he facts aro the people, one hundred thousand American citizens, living in the Territory Terri-tory of Utah, with the full rights of froomcn, and the protecting guarantees of "a written constitution," liud in the persons of federal officers "another government," gov-ernment," not of tho people, and in violation vio-lation of constitutional guarantees and authority; claiming to como from the-United the-United States, impcrium in imperio, whose policy and practices are in grave particulars at variance with its own," and asks by what authority it presumes to sot itselfagainst the legitimate constituted consti-tuted authority of tho peoplo of the Territory Ter-ritory or State; by what authority it ignores ig-nores its laws; by what authority it overrides over-rides and tears down the safeguards of society, and fosters in our midst drunkenness, drunk-enness, gambling and whoredoms, those infamous adjuncts and institutions of professed civilization; by what authority it repudiates its- officers; by what authority au-thority it interferes with the .redgionof ; tlio people, with their social, religious, ; political and moral rights. And by what authority wo are inflicted inflict-ed with such diatribes and pronuncia-mentos pronuncia-mentos as tho following: "It is therefore proper to say that while tho case at bar is called, Tho People versus Ji riff ham Yqwwj, its otuer and HEAL TITLE is FlJDK-KAL FlJDK-KAL AUTUOK1TY versus POLYGAMIC POLYG-AMIC THEOCRACY. Respectfully, &c, John Taylor. |