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Show WAR OS RELIGION. II. It i.i the, '! pa.per .. say that u-htfe I tlf co Si' nt I'tir is catU-tl " The People versus Briqham J"tu7." i7.f nther ,m.l RKAI. Tri.TE in FEDERAL Ai'TiiUHITV versus POLY-(1AMIU POLY-(1AMIU Til EOCH AO Y. Opinion of Chief Jn.nico J. R. .MrKoan. EiUm-s Ikmht .- In sn'n CitllinK Hie filu-ntion of tho public to this subject, porinit me to sny lliftt L do it with no Fpirit of vindictive malevolence; bill simply with a (Ichiro i to lay before tlio public important fnet; : inlimiitely connected with our present i j political niul roligioii3 statu?; that wo ' j mny comprciiomi, in some measure, Uio powers nnd prerogatives of tho government govern-ment vc livo under, our duties and rc-Unonsibilitiet rc-Unonsibilitiet thereto, -and our own individual, in-dividual, 1'ioi-fll, social rtnd political There flro ovcilti In the history of nations na-tions nnd communities that, n? thoy j develop thomelves, call forth the Bcr'i-, Bcr'i-, oup, culm consideration, not only of i politician1!, journalists and historians, i but of all intelligent men who aro nny-i nny-i wiso inllueneed, controlled or nllected j thereby. An eminent political scientist, ! living undcrati'ionarehieal government, I a century ago, institulOil the following : inquiries : 'Jlow mny Iho peculiar and inde-pondont inde-pondont operation of each iiulividfiul, in i tlio social Ptnto, most cllbetunlly bu I preserved? How may tha security each ! man ought lo posses, as to his life ami 1 the einiloyiiioiit of his facultios,acconl-, facultios,acconl-, ing to tlio dictates of his own utidcr- standing, lio most certainly defended j from invasion? Jfow 111113 lbo individ- ual? of tlio human species be inndo to : contribute to tho goucral improvement I and happiness?" I I'rom the ubovo ideas it would teem : Hint it was an admitted axiom, even ; among monarchists, that governments 1 were, nt least, ostensibly organized lor tho security nnd protection of every individual in-dividual man in tho community; for tho protection of his life, tho protection of his property, and the omploymont of his facultios according to the dictates ol his own understanding. There has been from time immemorial a continual struggle botweon THE GOVERNOR! AND THE GOYBRNUD. The first trying to usurp powor, authority au-thority and dominion, and tho other to resist these encroachments. Vested originally or-iginally with power from the people, rulem nave almost invariably made, uso of that power to break 'down, oppress and trample under foot their benefactors; benefac-tors; and thus, by a series of nggressivo acts, oligarchies and limited and unlimited unlim-ited monarchies have been established, and thus king., crnporors, dictntors and autocrats have fastened themselves and their dynasties upon tho peoplo, and to crown thoir usurpations liavo called upon a truculont priesthood lo anoint them "kings by tho grace of God," and thus sanctify thuir unholy acquirements. Thus tlio last principles of liberty bavo froquently been crushed out, until tlio people havo lost thoir individual, social and political rights, have been manacled mana-cled and bound by their political usurpers, usurp-ers, and, like syconhanls and serfs, havo Lowed in meek submission to the yoke of tli ei r tyrants and oppressors. The history; of l-'mncc, during the last twenty yoars, is an exemplification of this, Napoleon Na-poleon commenced his political eareer as presidont of a republic, bud himself proclaimed emperor, and left it as a vanquished, resigned empire. Santa Anna's exploits in ALexicowero productive produc-tive of liko results. . TUB TUACUINUS OF HISTOUY. The hisfory of the liabylonians, tho Medea aiuU'ereians. tho Grecian. tl.i Roman? and the Rnssiana arc all evidences evi-dences of this fact, nor can we exempt the I3ritiBbt the .French, tlio Prussians, the Austnans or other European nations. na-tions. Alt have boon intolerant and op-jrossivc, op-jrossivc, more or less, according to governmental gov-ernmental forms and political circumstances circum-stances or neeessities.by which thoy may I;.""niin'BS;"u'l ' gOYl-uiuniw-'iiriiri.V'Ywr-y - much difference; there- was as much disorder, dis-order, anarchy, bloodshed and slavery under tho republic of Greece, as under Phillip and Alexander. Nor was ltomo any more happy and free under a republic re-public than under her dictators or emperors. And again, whilo tho llus-sian llus-sian serfs liavo been liberated by the edict of an autocrat, republican America Ameri-ca importod slaves and kept tliom in bondage for nearly a century. Tlio greatest outrages aud crimes wore perpetrated per-petrated in republican France; justico was trampled under foot, innocence destroyed, de-stroyed, virtue despoiled, and a reign of blood and terror inaugurated, tho very contemplation of which thrills tlio mind with horror. Caligula or,' Nero, as emperors, ware no more bloudlbii'sty,-tyriinnic nor oppressive op-pressive than wore Robespierre, Manil, or Dan ton, as republicans. Where integrity, in-tegrity, virtue, and honesty havo prevailed, pre-vailed, whether under monarchical or republican rule, there havo existed happiness hap-piness ami freedom.. "Where those- havo been lacking, disordor, anarch', bondage bond-age an i confusion have boon tho result. Liberty is not a name but a reality, in ' republican Franco 11 ndor N apolcou " Liberty, Iyatitc, J' - attrnilf was written over tho entrance to every public cdiiice; whilo twenty pt'fnona could not meet together iu a private liouso without with-out tho permission 01 tho police, and private pApers could bo oxaminod by tho same authority. At the earno time in monarchical England you needed no passport, your houso was your castle, and your papers and properly wore : safo. In monarchical England all men can worship God according to the dic-'. dic-'. tales of their own consciences, and Do ijitstilied iu that right. In republican j America, thousands of her citizene havo : tuna ana again uceu rooocu, murdered, mur-dered, pillaged, driven aud ox-iled, ox-iled, for their religion alone. This j samo England centuries ago proscribed, I persecuted and exiled her citizens for ' the sained offense, nnd hoi- Puritans hud 1 to lice to Holland, and to the then wilds i of America, to secure themselves from Iho Airy ot thoir. oppressors; and yet, strange as itis, those very Puritans persecuted per-secuted tho Quakers and liaptist3 for believing in and worshipping God. Freedom, justice and liberty aro not, Ihoreforc, tho growth of republican institutions in-stitutions atone. Freedom and liberty aro the gifts of God and are frequently wrenched unwillingly from the hands of lyrants. Tyranny, under any guise, is a hideous monster. Dressed in the trappings of royalty, or in tho plain i garb of republicanism, it is still a monster. mon-ster. One headed, or liydra-headcd, it makes no dilfcrence; republican or monarchical, itis tho samo horrid, repugnant, re-pugnant, revolting monster. Tyranny is the Biimc, whether in tho dictator or the people, iho general, the Judge or tho preacher. - - - I Tho very honorable, vcucrablo and I patriotic gentlemen who I Kit AM Kl) OCIt DBCI, A. RATION 01' INDE-I INDE-I 1'ENIJENCL, j Had, many of the abovo Cads in view, ! and, smarting under tho lash of iiritish tyranny, entered their vehement protest pro-test against tho numerous usurpations which they havo very tersely stated. Tho honorable framera of the constitution consti-tution of tho United States wore no less alive to these matters, and whilo thoy threw safeguards around tho civil power, were very ansious to protect I tho peoplo in their individual, social, religious and political rights. And lust 1 their ideas should bo misunderstood, ! they made soveral amendments, dlrect-! dlrect-! ly intended to protect the rights of tho peoplo. iiciico Art. iX. says, "The ; enumeration of certain rlghu shall not bo construed to douy or disparage others rutaincd by the people." "Art. i X. The powers not delegated lo tho United btnt.es, by tho constitution, nor ! prohibited by it to tho States, aro re-i re-i served to tho Stales respectively, or to ! tbo peojilo." And as tho following ! bears directly on our caso I quole "Art. li. A well regulated militia being necessary to tho security of a free I Stale,-the right of tho people to keep and bear arms shall not be infringed." Again, "Art. I. Congress shall make no law respecting ftn establishment of religion, or prohibiting the free exercise thereof.' ! Tho con-titutioii of the United .Stales j i is unqucnionnbly the lict instrument thatv.'us ever initialled by man. Tbo great mnna, charta of England, so much talked of, was simply and only a resistance to a few principles of tyranny. originating in the conquest of Lngiand ! by William of Normandy, and a con- j cession lo a few specified demand0, reluctantly re-luctantly given, by King John; as were other bills or rights wrenched frm other . European powers. tiik owsTrnmoN' of tiif. rsnuu STATES Was formed and framed by the peoplo of the United Plates from which tbo government issued, and that constitution, constitu-tion, "serving not only as an authority, but as a law of control to tbo government,'' govern-ment,'' and answers the question, so fur as human institutions can How maj the peculiar and independent operations of each individual, in the ocinl state, most effectually be preserved .'and other questions above enumerated, it is the nioBL oquitable and just instrument .for government ever emanating from any people. Joseph Smith in speaking of it, says, "It. was yiceii ly inpirfit tun of Gntf," and to no other cause under God, are we more justly indebted for our pro-lection pro-lection and preservation, as a people, than lo this instrument. Misrepresented maligned, proscribed, robbed, despoiled and driven by political fanatics, religious religi-ous bigoL", unjust and designing knaves, wo have always fallen I jack on this great palladium of human rights, and navo always found relief under its ample folds. And whilo knaves, bigots and fools have been clamoring for our property pro-perty and blood, crying, "Crucify him, crucify hirn '' this living instrument asks, as did Pilate, "What evil hath he ' done?" While the declaration of inde-I inde-I pendonce, us in living letters of lire, proclaim, "All men arc creatod equal; that they arc endowed by their Creator with certain inaiienablo rights; that among theso aro life, liberty and tho pursuit of hapjincss; L governments govern-ments arc instituted among men, deriving deriv-ing their just powers from the consent of the governed." We have never bud any difficulty with law-abiding citizens, with lovers of good order, with patriots and honest men. And the bigoted and fanatical attacks against this people havo boon instituted against private interests, in-terests, cuiiatitutional guiiruntocs, religion re-ligion ami lbo rights of man. ATTEMPTS TO DESTROY THE "MORMONS.'' Tliero havo been many attempts made to overslaugh and dostroy tho Latter-day Latter-day Saints,and yet "Aformonism" is still a problem that statesmen, politicians, moralists and roligionists cannot solve. Tho reason may bo found in this ono fact, that as the "Mormons" are a law-abiding law-abiding people, and aro lovers and supporters. sup-porters. of tho constitution, they cannot bo oondemncd for violating law and breaking lbo constitution of tlio United Slates. Tho present, as formor crusades, is an ample elucidation of this fact. "Mormonism" may bo opposed by bigotry, big-otry, superstition, religious prejudice or judicial intolerance; not by law, equity 1 or tho constitation. If the constitution and tho inalienable rights of man could i bo disposed of, "Alormonism" mightap-poar mightap-poar in other colors, and might not be! so dillicult a, problem, for while the j "Mormons" abide law and.doright, it is ! impossible to condemn them ty laws i that aro enacted to punish wrong-doors and violators of law. From tho above wo learn that there ' aro certain 1NALIKNAULE It Iti UTS j Piftossed by' man. Jt may lio said; further, that he is born into tho world! with them; that thoy are inherent; that, ' as ho possesses tho power to breathe the j free air of life, nnd as tho blood uf life flows through his arteries and veins, and j permeates every part of tho body, so is ' this right born into the world with man ' and ho possesses it inherently; that, a tho child or person bieathes, sleeping or i waking, and as tho blood flows without the direction or control of tho will of any individual, so ho brings into the : world with him, as an inheritance from his Heavenly Father, certain inalicn- ftblo-rights; and that aa ovary individual possesses tho right to breathe, and to havo tho blood circubilo so every indi- viilual in every community in all the i 1 world inherits this inestimable, God- I : given right, and liko the breath or! blood, ho carries it with him wherever ho goes, nnd no person, no potentate. ' prince or president, no legislature, no government, no tribunal or court can , legitimately dispossess him of this right, it is i'ni-:Rin:D from iod And must not bo interfered with by man. A every interference with or i dcr and convulsions in the system, so every interference with this inherent right of man,' produces convulsions in tho body politic;, and lbo unnatural attempts at-tempts of kings, emperors, presidents, legislatures, judges, governors or autocrats auto-crats to intorforo with this sacred, eternal, eter-nal, God-given right, havo been productive pro-ductive of all Iheopprcssions, bloodshed, injustice, war, carnage anil desolation, the tears, groans and' misery with which tlio worltl has been cursed. As when Ihoj.lnngs arc diseased, tho blood or , breath is obstructed, wasting, weakness, infirmity, convulsions, decay, and death ensue in proportion to the malignity of tho disease; so when tho; inalienable rights of man aro obstructed or interfered inter-fered with, in liko proportion does tho 1 body politic suitor, and tho1 nation or ! people that permit it oncourngo a gangrene, gan-grene, a viper, that is gnawing at the very vitals of the system, and will naturally nat-urally result in anarchy, confusion, weakness, decay and dissolution. It is alleged "that all nations havo tho elements ele-ments of destruction within themselves;" . and this, in fact, is the principal element ele-ment of destruction that is found among all nations, for, solar as thoy interfere, with this inherent, God-given right, they let in the Hood-gates of error, and injustice, tyranny, oppression and corruption cor-ruption follow in thoir train, anarchy, confusion and revolt onsuo, , and weakness weak-ness and desolation are tho result. Well, then, might tho Cramers of tho Declaration Declara-tion of Independence proclaim that "all muii itro HORN TREE AND HQ UAL,1 And possess certain inaiienablo rights, among which aro life, .liberty and the pursuit of happiness." Lot these How unobstructed and all is right; lot them do oustruoteu or iniorieroa wan, ana all is wrong. All men have the right of life, tho right of liberty and tho right to pursue happiness, and no man or 6et of men possess a just power to deprivo them of this right. This right belongs to every individual man, is inherent in him, and is the gift of God. Our fathers discovered that all governments gov-ernments derive their just pownr from the consent of tho governed. The res jnibtica,ov public business, or power of a nation, of a republic, doriyes its authority from tho peoplo. Tho very term representative implies, as Webster , has it, ,lan agent, deputy or siibstiLuto, . who supplies lbo place of another, or I others; being invested with his or their authority." It has been well said by an eminent author that, "all delegated i power is trust, and all assumed power, is usurpation. A constitution is not the act of the government, but of a peoplo constituting a government," Assuming the abovo hypothesis lo bo right, and no man oan successfully dispute- it.what i becomes of tho action of our federal I olllcers i Liberty does sot consist in the j clanging of bolls, tho sound of trumpets tho Lioat of drums, the rearing ol tall liberty poles, In parade, and pomp, and glitter, and show, nor in tho declamation declama-tion of demagogues, nor tho sanctity of courts, nor in quoting oxtensively from tho dusty tomes ot the Judicial (load; but in the preserving of theso rights to the people, and preserving them intact as tho living inheritance of man. Every man that sustains the.-o principles is the friend of freedom and humanity, and every ono who opposes them, whether among autocrats, monarchies or republics, repub-lics, is a disturber of tho peaco, a sower of discord, an enemy of mankind and of God. Hut as tliia articlo is already sutlicieut-ly sutlicieut-ly long, and as I proposo to say more on tliia subject, 1 will conclude by asking a question or two. There ii said to bo a hundred tbuu-laud tbuu-laud inhabitants in this Territory. How many of them had a voice iu the selection selec-tion of tho present federal oilicer j ? Not one. There is a grand. jury here out of one hundred thousand Mormon;, how many of them sat on this grand jury? Not ono. It is not surprising, therefore, that with such a court and such a jury, the following opinion should bo giv-n by his honor chief justice J. R. Mc-Kenn, Mc-Kenn, and, ns his honor has desired us to keep thin irpyiew, 1 again repeat it- - "Itis tU:,-fvcc. ,,--pcr tu ,-uy, that vlilc tin' cm or at bar U vill-d 'the People versus ISrifhaiu J't'iiv,1 its other mid nut titU Is F.Aeral Av.lh-.ril y , Poly fin "i ic Th merit y. ' ' Uo-pectfully, ifcc., Juiv Taylor. I . |