| Show THE SLAVISH territorial SYSTEM tue THE masterly argument of judge black which we published in full last evening goes right to the root of the territorial question it makes plain to the ordinary mind as we wel wei as to the legal or literary intellect Il that the extraordinary and autocratic powers exercised erched ex by the general government over the territories Terri torlea aro nrc assumed and unlawful because entirely unauthorized by the instrument from which the government in all its departments derives its W authority at hority outside of the alou congress i the national executive or the f supreme judiciary have any powers whatever arid and the extreme jurisdiction claimed over those aalona entitled lorri lories tories cannot be found in that document ether other indirect in direst language or by fair rain impei carlou indeed the practice which nich hab nab grown out of unwarranted as aa P emption la Is in confirm with the and a direct violation of principles Inc iphis enunciated therein ae in studying the course which has hits been with utah one would be led to think that the object of the national government was wms to restrict liberty and prevent tile the free exercise of those inalienable rights enumerated enumerate il a in the declaration of independence while the true end of the federal organization was to boware and perpetuate them we are pleased to see that the eminent jurist in his plea for the liberties of the people dwelling on the public domain outside of the boundaries of sovereign states advocates the very principles in relation to their political rights for sor which we have contended lor for years hib leila t la good evidence eviden ce that th at 0 our ur vie views asun vu these points me ale accurate 0 and he presents them in such u manner us as to irate their truth tand land and leave no room tor tur doubt as to their correct correctness leas lebs those who do not lle lae like the conclusions U so BO logically wrought out by the able lawyer may abuse him but they cannot refute his the question is not what ought to be but what is antl anti mormon morman and anti polygamy fanatics may claim that Government the tho ought to have power to suppress the religious or social system prevailing in this territory but that is not me ine point such power does not exist within the limits of the and no matter what may do be considered expedient under tho ina circumstances it la lis evident that its exercise is unlawful and therefore improper no one who understand sine sino genius of the system oystein of govern government in this country will dispute the proposition that any of cf the union onion coula could under ane constitution institute plural mariage as a lawful domestic relation no matter what we general government might think or bay say about it if the mao majority rity of the th ae people of a state chose to nav havo 0 it eo neither congress nor any other branch of the national government could interfere eor eoe what reason because be alseno no powen power is given for tor any such purpose in the constitution and that which is not given therein la Is reserved to whom why to the respective states or to the peo pie if the people are organized into a state government the powers of local regulation belong to 10 the state stalle if they are not so BO organized those powers belong to the people as inherent rights and congress can rightfully exercise over them no authority except that which is specified ode ODO in the instrument from w which alone that thai body derives derived all its ltd piero natives ga tives the territory or other property of the government is under the control of congress but even the territory or land on which the people of utah live eis bis ls not now the property of the united states they have bought and paid for it it is their ow own n they are of right freo rree people dwelling on free soil soll under trie tiie declaration of independence and the national constitution they have the right of local self govern ment the right to regulate bleir own domestic affairs so long as they do not infringe upon the rights of others BO 80 as to violate that sacred instrument which was designed to protect rhe SHE fear pear people and secure them in their thein rights and privileges as citizens from the exercise of arbitrary power and tho the encroachments encroach ments of federal rule congress may prescribe such rules and regulations as may be needful to dispose of that part pait of the publio domain still vested in the united states but its claim of power to govern he the people either on land purchased or it or soil still within its possession without their consent to impose upon them whom they have nut not elected to makol makel local laws jaws to restrict them in the of their natural rights or political privileges is unwarranted by the supreme law of the land and as clearly shown by judge black is nothing but usurpation congress may admit new states into the union BO 80 hays saya the constitution but thosa those states must bo be organized zed before they can be ba admitted thia this pre sup bup supposes pokes the right of the people not under state governments to organize themselves into commonwealths and that by mutual agreement that is by a compact with the fevered Govern Government mentin ln which each state is a party as ass well as that government ern ment that may be admitted into the union on an equal footing with the rest of the states the view entertained as aa to the abb abs lute elute powers of congress over the territories presupposes pre supposes that citizens of the united states outside of state organizations have no rights whatever they are not a pant part of THE PEOPLE they are aref abject slaves and the government la Is over rhems them an autocracy more absolute and despotic than any monarchy or empire on the globe the idea springs from a gros gross error herror it has no foundation in the system of government established by the fathers of our country it is the antipodes of that doctrine of liberty which enters into the fabric of american Ina institutions titu it ought to be discarded from the minds minis of its mistaken advocates it Is ia in utter discoid with tile tiie music of american freedom and complete ly y subversive of equal rights and popular pular government if judge elack flack black but succeeds in starting a movement for the ultimate abolition of the anomalous and territorial system even oven if he does not bring any immediate rel rei relief lefto to utah he will deserve tle the plaudits pl audits of his countrymen and his name will be inscribed with undying undoing honor in the temple of human liberty |
