Show constitutional PHASE OF rhe UTAH QUESTION THE clause iu the constitution of the state of utah providing that no amendment of the section pro hi biting bigamy and polygamy shall be in force until approved by congress and proclaimed by the president has caused some discussion in prominent newspapers A question has been raised as to its constitutionality it is very properly argued that states should be admitted into the union on a perfect tooting footing of equality as to rights lights and privileges there should be no conditions imposed upon one that is not required of all others aad it is affirmed that anything of that character imposed by congress would be an abridgment of the constitutional rights of states and would therefore oe inoperative it is amusing to see how editors of intelligence will stultify themselves and blow hot and cold almost with the same breath breata on the mormon one will protest that congress must require special conditions conditi oBB of utah before admitting her into the union the next day they declare that any such auch special conditions eions would be unconstitutional and inoperative in one issue they will announce that it if the people of utah will insert clauses in their bbate constitution prohibiting polygamy there will be nothing to prevent ner fler admission in the next issue they publish the tact fact that such prohibitions have flave been inserted but the objection is the people can change the clauses by amending their constitution as soon as admitted then when it appears that this objection is met by rendering any such cnance inoperative without tle the consent of congress and the president they pretend to believe that such action is unconstitutional thus they manifest their insincerity on this question I 1 and their determination not to be satisfied with anything that the people of utah may do even if it is the very thing demanded of them as the only condition necessary let us examine this question a little Is it a fact that congress cannot require special conditions conditions of any state preparatory to its admission into the union bya by a strict construction 0 of f tue the constitution of the united states the congress in our opinion can not do so but as a matter of history this has been done in ia a number of instances missouri michigan nebraska and other oilier states were admitted on special conditions in the recon st ruction I 1 of the south certain pledges were required of states that bad par in precedent to their re admission into the union these were special obligations ligat ions not required of other states thus there are abundant aoun dant precedents for that thai which is considered objectionable in the case of utah but bat whether such conditions are unconstitutional or not whether they are expedient or dr not ia in n this case congress has imposed no special condition this should be distinctly understood it really takes away the toun foundation dation of the whole argument of the opponents to statehood on this ground round it is not nob Co congress agress that gas has required unusual conditions but bat the people who form their own constitution that voluntarily concede to the national authorities this power over their affairs that alters the case materially teri ally and it must be further understood that the state of utah does not attempt to impose upon congress and the president any duties be yond their constitutional authority it is not so presumptuous and assuming neither congress nor the president is thereby do anything if they do not voluntarily act in the matter the prohibitory clauses will wiil remain perpetual that is all there is of the provision will it be claimed by these sudden sticklers klers for strict constructions of an instrument that tor for other purposes they make very elastic that the people who hold reserved powers not conceded in the national constitution cannot use these powers or will it be argued that they cannot concede some of those powers if they choose to do so by popular vote it if of their own volition they choose to limit the amending power in reference to a special provision because of special circumstances have they not the inherent arid and constitutional right to do so or are the provisions of articles nine and ten of the amendments of the constitution of the united states merely a dead letter on the broad grounds of constitutional freedom and equality no special requirements should be imposed upon any state as a condition precedent to its admission into the union they should all enter on an equal footing and the sole requirements should be that with the necessary population they have Is a republican form of government ern ment we have taken this post tion many times when tile the cry has been raised that utah could not become a state without some special provisions on the polygamy question we do not swerve from that position now we do not think any other conditions should be imposed upon utah than have been required of other states but the public seem to think otherwise the leading journals supposed to voice public sentiment i have vociferously demanded special provisions ro visions prohibiting polygamy in GAS members of congress themselves hoarse over the passage of 0 the edmunds tucker bill declared tuat utah should never come into the me union without a prohibition of polygamy in this condition condi tiou or 01 affairs tue majority of voting population have taken the matter ia in population baud aud the polygamists having been dis franchised ranchi sed and have f framed a cou con wita provisions meeting all the objections essential and lacides tal that have been advanced on this thi question and now what more can be reasonably reasonably demaa demanded ded it puts this to the test it leaves them without excuse if they re eject the action of the voting citizens of utah it shows that many persons and papers in making the demand which has now been met did not mean what they required it proves that they have neit tier mercy justice nor consistency it will carry the questions before the high courts of heaven and demonstrate to the world that continued war upon utah is without reason und without excuse there is more in this movement than the simple quibbles raised by its I 1 ta adversaries and an d tue ine god of nations will judge the motives ald acts of all a 11 who flut fl ut against common right and common justice |