| Show netter LETTER III ili g tM it iJ 1101 therefore proper to sav say that while the case at bar is called I 1 I 1 the people U verbus versus brigham young its other md sd real title is FEDERAL AU ATT versus verbus c THEOCRACY opinion of ohof ceif justice J T jb mckean mr editor dear sir the she principles of universal liberty inalienable rights inherent in every man born into the world to which I 1 fofe fefe referred in my last are cosmopolitan in their nature the rightful inheritance teni teri tance of every man and are applicable only to a regenerated political world these are the principles that the latter ratter day saints believe in and are in fact the leading prominent features of the kingdom of god for when gods will shall be done on tho the earth as it is done in heaven the shackles will be knocked from every son and daughter of adam there will be proclaimed a universal jubilee and all mankind will be free every wrong will be suppressed and every right maintained the living glorious eternal principles of doing unto all men as we would they should do unto us will prevail then social political religious and judicial tyranny shall hide its hoary head and be e burned buried in everlasting oblivion then those heaven bom born principles announced at the birth of jesus peace on earth and good will to man 11 shall be proclaimed to every nation heralded to the world thundered from every mountain top reverberated from hill bill to hlll hill and ana echoed in every vale they will be whispered in every household and be wafted wafred on every breeze then all hearts shall be made glad and the voice of mourning and sorrow be bada baza banished shed from the earth and every man in every place pineo shall shail hall hali meet a brother and a friend and as parley P pratt has il it come ye sons of doubt and wonder indian moslem greek or jew all ail your shackles burst asunder freedoms banner waves for you this as is what the latter day saints are trying to inaugurate judge mckean says it is a system that is on trial he does not know it but the above is the system what he is pleased to call Poly gamie theocracy against which he says federal authority is arrayed or in other words the united states popular sovereignty the inalienable rights of man universal freedom the reign of peace the kingdom of god the united states government do not profess this they have entered into no such compact the republic of america is simply the act of the people of america the constitution is a solemn compact entered into by the people which composed the then colonies of america by which the several peoples and states that should be organized under it agreed to abide among one another they were not legislating for the world nor forming compacts for any other people than their thel own they did not even prohibit slavery their compact was simply with the caucasian race then within and that should hereinafter endorse the eona cona compact pact in tile the united states it may be asked why the framers of the constitution did not carry out the views enunciated by th the e declarers ot of independence n in regard to the inalienable rights of man and allowed in article IY IV sec see 2 of the thet constitution slavery to be continued and perpetuated simply because they had not the moral courage or power to enforce principles that to their understanding and mental vision were self evident truths 12 were I 1 their apologist I 1 might say that in just st emerging from despotism composed of if different nationalities and a diversity of interests finding it impossible to agree on every principle they thought it better as a compromise to sacrifice this one and ana retain so many that were good than to lose the whole break up in confusion and lose their national unity but this sacrifice has cost the nation dearly for as the tree in which is deposited the tha small insect continues to grow and flourish and spread forth its branches and foliage while a deadly canker 13 penetrating the trunk and threatening its destruction so slavery for nearly a century has been a subject of acrimony heart burning and hatred annually disturbing the councils of the nation until it culminated in one of the most bloody revengeful fratricidal wars recorded in history thus exhibiting a terrible retribution tj on for the violation of natural law and inalienable right it may be asked if this instrument was i imperfect why do you sustain it simply that with this one fault it was the best instrument in existence and it was all and more than the nation has ever lived up to why khy hy did joseph smith say it was given by inspiration of god if it wag imperfect jaes daes he sanction imperfect things yes when a whole people want them he al lowed elowea ancient israel to have a king but dut at the same time told them he would be a curse see seel 1 sam VIII chap he placed 1 the childr enof israel under the law jaw because i ot transgression if they could have endured the gospel they might have had it which was vas more perfect it la is but fair to say eay then that the liberty tiie ilie they professed professed essed was only for themselves ohp for toc the european communities who might come here the caucasian race not the negro not the indians perhaps not the asiatic or chinese but to the white everything else professed Is a falsehood a sham it does not or did not profess to give liberty to them only to the whit white e man fourth of july orators sometimes in their oratorical flights flight stalk taik talk of extending their principles to the world and proclaiming universal liberty and the inalienable rights of man but this is only a momentary gush of enthusiasm and dies out as do the clang of bells the sound of music and hur of the populace ahe above is the highee higher zaw law lawso so much talked of and which men seem so little to understand if the united states government therefore abide by the constitution of the united states that is all that can be required of them by these however they are in honor bound just as much as men are in honor bound to meet their financial arrangements or other promises to pay just as much as the free masons odd I 1 fellows druids druies or any other organizations are bound to abide by their covenants it is our rights therefore as american citizens that we have to examine the constitution may way very properly be said to be the political bible or law of the american nation it contains the doctrines organizations rights privileges powers and immunities both of the citizen and the tho nation as the bible contains the doctrines organizations rights privileges and laws lawa of the Christ christian 12 and church it is a political text book or book of reference and is the end of all questions by all parties the right of citizenship has for ages been considered a great boon among the nations in many instances it conferred great and special privileges as in I 1 n greece rome borne france england and other nations the right of suffrage was one prominent among these privileges in most european nations and in england today to day many of those privileges are yet extant informer in former days paul of tarsus being in danger from the rulings of a corrupt partisan court availed himself of his roman citizenship and said 1 I appeal unto caesar to this appeal even those magnates had to listen and conceding his rights said unto caesar thou go the united states are not less zealous of individual citizens rights than were the romans and stand ready to employ a consul or ambassador a ship fleet an army or the nation in their defense let us hope that while they are just in maintaining the rights of one individual which a decent respect for til their ein eln political status requires that the tho nation will not be less just or a hundred thousand american citizens appeal to them for redress in the agreement or compact of tho the constitution ution which la is really as declared A more perfect union formed by the people of the united states the following powers are ceded by the people to tho the government art 1 I sec see VIII vili to lay au an I 1 3 collect taxes duties imports and excise to pay the debts and provi provide defor tor for the con cou ion lion defense and general welfare of oath tha united states to borrow money to regul f te commerce with foreign nations and among the several states and with mith the indian tribes to establish a uniform rule of naturalization and laws of bankruptcy to coin money and fix the standard of weights and measures punishing counterfeiting united states coin and securities to establish post offices and roads promote science and art to constitute tribunals inferior to the supreme court to punish piracies pi 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 the land and naval forces to provide for calling forth the militia to execute the laws of the union suppress insurrections and repel invasions to provide for organizing arming and ds disciplining cip lining the militia and for governing such part of them as may be employed in the service of the united states reserving to the states respectively the appointment of the officers and the authority of training the mII mil militia tIa tin to exercise exclusive legislation over the district now known as the district of columbia and such places as shall be purchased for the erection of forts magazines arsenals dockyards douk dock yards and other needful buildings and to make all laws which shall be necessary and proper for carrying into execution the foregoing powers and all other powers vested by this constitution in the government of the united states or in any department or office thereof art 1 I sec see I 1 says all legislative powers herein granted shall be vested in a congress of the united states which shall con coni i of a senate and house of re presenta i tives ly sec III ili the senate shall shail have the sole power to try all impeachments Impeach ments I 1 art II 11 the executive power shall shail bo be vested in a president who shall be corm corn mander mauder io lo chief of the army and navy of the united states and of the militia of the several states when in the service of the united states he shall have power to grant reprieves and pardons for of fences against the united states except impeach ment he shall have power by ana and with the advice and consent of the senate to make treaties appoint ambassadors other public ministers and consuls judges of the supreme courts and anil all other officers of the united states whose appointments are not herein otherwise provided for and which shall be established by law to fill all vacancies that may happen during the recess of the senate he may on extraordinary occasions convene both or either house houie of congress receive ambassadors and other public ministers take care that the laws be faithfully laith fully executed and shall commission all the officers of the united states art III lil the judicial power shall be vested in one supreme court and such inferior courts as the congress manfrom 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 the united states and treaties ma made mado 0 or which shall be made under their an authority 0 rit to all cases affecting ambassadors other pu public ministers and consuls to all cases of admiralty and maritime jurisdiction to controversies to which the united states shall be a party to controversies between two or more states between a state and citizens of another state between citizens of different states between citizens of the same state claiming lands under grants of different states and between a state or the citizens thereof and foreign states citizens or subjects sec III lii the congress shall have power to declare the punishment 0 of treason art IV sec see III ili the congress shall have power to dispose of and make all sill needful rules and regulations respecting the territory or other property belonging to the united states sec IV the united states shall guarantee to every state in this union a re republican b form of government and PU shall shail h I 1 I 1 protect each of them against invasion all power professed by the united states government is contained in the above which in reality constitutes the powers and authority of the united states government its powers maybe may be described as legislative judicial and executive and all powers ceded fo to these three separate and distinct authorities belong to them elther either separately or conjoined as may be prescribed all other powers not enumerated or specified in the above belong to the people or to the states if there is any encroachment upon the above powers by the people it is an injustice and a direct infringement upon the rights guaranteed b by y the constitution and on the other hand if any of the above authorities either the executive legislative or judicial exceed their powers and privileges and encroach upon the peoples rights they commit an outrage upon the people and violate not only good goed faith with the people but tho the sacred oaths they have taken to maintain inviolate the constitution of the united states fo for as we said before all delegated power is is trust and all assumed power Is oppress oppression lon ion 11 presidents governors nor non legislatures judges etc etc have no more 0 re right to interfere with the peoples rights than the people have to interfere with their official duties As all governments heretofore of every kind among all nations have tended towards encroachment and oppress oppression lon ion and as the then infantile nation had just emerged from a state of despot desput despotism ism and a great number of flagrant wrongs enumerated in the declaration of independence inde pende ce they were very careful in this lent tent to protect the people in all legitimate personal civil religious and social rights ts and to place them in a position whereby they nor their posterity should ever e encroached upon in a similar manner laboring under accumulated acts of tyranny groaning under oppressions oppress ions and wrong smarting under the taunts of imported minions tho the american people presented re the sublime spectacle of a whole continent determined to be freel they issued their declaration of independence wrenched the manacles maracles man acles from their limesand limbs limb sand and threw them as a gauge at the feet of their forgers entered into articles of confederation framed a constitution erected t air liberty poles flung to the breeze the thel stars and stripes stars a light to themselves and friends stripes for the enemies of freedom and the rights of man that king of birds the eagle which dares unapproachable heights and on its powerful pinions soars aloft in the wide unfathomed aper blue and gazes with unbleached blenc blene hed bed eye eje on uhe the meridian sun was selected as their emblem em blem biem they resurrected r z e c the twin goddesses of justice and liberty and chimed a bell that with sonorous solemn yet with joyous jubilant tones which as wa wai written on itself proclaimed liberty throughout the land the fire of freedom burned in every patri patriotic otie otle heart and in that instrument they were detar determined to perpetuate to their posterity and succeeding generations that freedom and liberty they had wrenched from the hands of tyranny the next inquiry is how is this government thus organized by the people to be perpetuated and how are its officers to be chosen and by whom this is also provided for in the constitution sec see 1 I provides that all legislative dowers powers ab shall 11 ba be vested in a contress conr conz ress tess of the united sta states tes which shall consist of a senate and hon hoa e of representatives biec ties 11 II provides that the |
