| Show limitation d STATE STATI sovereignty I 1 1 1 1 1 under the titio title Urnita limitation tion of state r sovereignty by bv compact with the I 1 united states lk 1 Jeorge Ticknor curtic I 1 ills has written and published an I 1 opinion k it is a complete and unassailable unaR sailable I 1 t answer to the carping carp ingi of the opponents of statehood for utah wio who have hive tr s ta talen tho the ground that the proposed constitution cannot bo be valid and irrevocable 11 in the particulars of its rask I 1 1 I 1 ins ing certain special agreements with I 1 congress and the executive the opinion ie Is calm but forcible and it will well repay a thorough perusal per usaf ator after covering the question with citati olM and precedents ta alie io learned juris consult says that that the follow follo raff hinr I 1 t appear to be settled as as established principle of con congressional gressional action od on the admission of new states into the I 1 union I 1 I 1 1 I let that congress cap prescribe conditions on which adnew state chat 11 bo be admitted in into the union and thai that such conditions do not necessarily re late to matters ma aters on which any other I 1 state h has been required to make provision 1 9 I 1 in r i its constitution but that in b each pase they may grow out of the I 1 particular predicament or situation ol 01 the state sute asking M ax admission aion a 21 that congre Cen greas 39 may prescribe I 1 I 1 the conditions ors in advance nd vante so that when the state constitution is pro pre dented for th approval of Con congress gres it may bo be found to contain the tile conditions or flie people of the apropo ed f I 1 new state may themselves without previous requirement present ruch such conditions as hey are willing g t to make kite d in either mode of action wn wen e conditions ions have been SAnc tinned by congress and the state is admitted 1 I 1 union with thosa conditions condition ii embodied or fulfilled in dinits ita constitution a compact lias has been made between the state and the tile united St states tes ad that tha t the compa compact cf sor made may be one that curtail climit limits i or diminishes either the sovereignty of the people of the state or the power I 1 1 1 of its le legislature in some soma domestic I 1 3 matter gr it may be one that concerns wine iome property interest or some right I 1 of the united states or of some other statu I 1 ath that thit euch such compacts limiting or the sovereignty of a state may inay be absolute or they a bo be made in a form that will require the assent of congress to any change hence it follows that the proposal of the constitution tor for utah 1 whereby hereby the people of that territory if it admitted under this constitution I 1 would bind themselves neier never to change their constitution in respect to polygamy and bigamy without the ascent of congress would could I 1 not be ile a new and unprecedented compact but that it would bo in tho the I 1 u ine form and the same terms in which similar compacts have been Jul made denith with other now states I 1 tho the objection therefore which I 1 has been made to the proposed constitution I 1 ution 0 for utah that the iho clauses cla celtin relating g to polygamy and ana bigamy would be of no value and of no binding I 1 force forde or efficacy because Ie cause the I 1 sovereignty of a state after it is once I 1 in the union cannot bo be thus controlled is entirely untenable nor 1 is the argument ab of hey I 1 greater force the question as its a matter of public policy is whether the polygamy that has existed in utah tor for so long a period can most effectually easily and with ith the least irritation be ended by keeping up the 0 orLd form of government and by federal r e deral jor by admitting adin ittin utah as a satte under the p proposed ro posed I 1 constitution with ita its prohibition agai against tilt polygamy and bigamy made operative opera five forever without the previous assent of congress to any change the balance of convenience and ad Tanta vanta neis bya by a great weight on abe I 1 aide side of ad admitting fittim th ther eState r under inder the proposed constitution it can a never 9 be le otherwise than inconvenient and embarras dm barras ang tor for congress to a continue to le isgate on the object subject ot of polygamy in such a community aa as I 1 I 1 utah jar to deal with the social rela bione that have grown out butof of it it itis is that tho the practice of polygamy bas has arisen out of a peculiar religious I 1 faith and such is un undoubtedly doubted Iv the tact fact while it is unquestionably y true that the legislative power wherever it resides can restrain aud and punish any ny practice tico or conduct that is inbur lou ious to the welfare of society although althou ah that practice or conduct may be dictated I 1 by a sincere religious belief yet there i is is always danger of encroach on the rights of religious belief when re premire prem ive measures are resorted to in respect to any practice or conduct that has ita its origin ln in or or is connected 1 with aith a religious faith hither to the legislation of congress against polygamy in the territories haa has not escaped this thid danger for in one respect I 1 at least that legislation ha hai i been eo so inter interpreted feied and administered I 1 b by y tho the territorial courts in utah that the rights of religious belief have been disregarded because men leave li ave been punished in tho the penitentiary tor for conduct that was perfectly innocent in itself and could have been dictated I 1 I 1 only by a sense of religious and moral duty congress could neer never have intended euch such a result of its legislation it has been one of the consequences of the form of 0 f territorial rial government I 1 and of the spirit which that form sf U 1 government is apt to engender I 1 I 1 16 I 1 in the administration of laws I 1 aimed at a particular offence in I 1 a becu atiat state of eriety y ae As the 1 Altema alterative tive to the I 1 longer continuance of utah under the territorial t government there is noy presented a plan for nit tins this whole matter 0 ca o polygamy to alm ilm deop people Is bt bf utah themselves under the guaranty I 1 I 1 0 of a it public Acom corn pact pai with tho 14 united States shall be forever I 1 an sn offence Ai against tho the state and that I 1 I 1 anthis in this respect fihs ihs th constitution of the I 1 state neall 11 never I 1 be changed without t the assent of congress 1 person can doubt that the people of i eubah ufah will live ap up 10 to wha t they thus I 1 VA t I 1 I 1 I 1 I 1 1 0 I 1 am j rj 1 1011 I 1 I 1 I 1 promise it is plain that they fiut live up to it after they have mode made with the united states tho the compact which they propose in regard to the clause which pro to require lie the assent wisent of the president of the united states stites to a pardon of the offence of polygamy or bigamy thera can be no possible ob obo faction to it as a of the state sovereignty if the precedents prece denta above cited are to be regarded ed la in principio princ it sunda stands upon the same bootin g as the compacts which have hato required the assent of congress to any change fa in the conditions conditions 1 on which which a stata 9 ta te hi 4 been bech admitted into the union the only possible objection that can carr bo be nude made to it would be that it be inconvenient to the president but this inconvenience ven veni lence ence would practically bo be v very er y blight the convict would know I 1 that list to obtain a valid p birdon irdon he dinst get the consent of 0 the I 1 state executive and alao also the consent ot I 1 he the president 0 of f the united states the state executive would never be likely to send up a case for far the conal consideration de ration ot of the pres president ident wither careful investigation the papera papers would come before the president in ft a shape to enable him to form hie judgment very easily and there vi would not be upon him ah amount of labor to be compared to what he ha has 8 to td perform whenever he ie is asked to pardon a it person who wh has been convicted onvia ted in a federal court of an offence against the united stites art frt ites ae AA the pardon of the state executive must first firt be obtained the 1 on the president would be Q far less than in the case of offences against ag finst the united united states AL ALLAN AX G mA 1 I saya says what I 1 said about the doctrine of secession kas an expression of opinion it is still my opinion that w prem preaches hes the doctrine doctrin of secession sion as a living ving li isue i sue ie is not only an of the democratic lemo tierno cratic party but of the whole coun country iry under the in jury done to the democratic part party y of ohio by gen J jacksons ack sons 31 macon a ee ch which the result of the election t 07 has made afra afo rent arent to every one bone it 1 is 1 not perhaps say that I 1 ud aed that may seem hirell and even bitter yet feeling as I 1 do hardly any language too strong could coull be used in condemnation of the sectional speeches recently made in the north and of this one in the bouth 11 h I 1 IN IX THIS country only the christian day of rest is at present recognized b by y the LOT li s anticipates the future in the following anecdote the TI ia court mr clerk ia w thi thursday afternoon C clerk lerk ye your honor the court tomorrow to morrow is the turkish sabbath fc saturday saturday the jietre JI Jle ehre brew and sunday the christian ve we adjourn until bionday Ion day clerk lerl is labor day tuesday is n the annive anniversary r r of f irish independent en dence and und V ino biday of the fuu founding tiding of the german empire the court then wo e are cloned clowd for the tie week LOOKS with longing eyes tor for another railway froin ogdon the journal ays 1 A railroad running through ogden canyon and entering paradise para diw rasi ani d ing through hyrum millville and providence and reaching loo logan antho south would get a lucal patronage that would go gollong a long along way toward making it C the route is one that commends itself to A it 0 western thit line desires feeders to its main road in utah and loggin wants another railroad thus two wants coul I 1 be supplied bup plied by enterprise and capital will tho the 1 D A it 0 W tako the hint I 1 BITTE DISLIKES the tile C firnges in train schedules tho the ader says 11 the new time of running trains on I 1 the he utah A I 1 northern is a nu na sance the mail gets I 1 I 1 liere here too late in th the evening to tie be and ani leaves in tire morning maruin before tho tile let era rec received ived at night can be anew cred thus snaking maun it thirty six hours after the arrival of ft a letter before bely boly in a reply p ly cp can be dispatched which w hichi id a very yere y serious inconvenience nance with important business com communication munica tiong instead of the fait trains on the union pacific butte the they y aro are thua thus q i detriment 11 I 1 A id yesterday dy 1111 latif itee a ifer iver dyer got leold of 0 all he the church records he woul I flud ame me la tret ret 1 lug 9 la in rome of the b buoys jaro 11 suu iam tibne we are delighted deligh Tod to see that mac ie is once mereat more at work iu his entertaining ami forceful style P people ople will I 1 now wai ook look forward with gr great eat anxiety for the da day y when lie w ill announce A prominent mormon mornion remarked rem arced in confidence yest yesterday ardAy that it if it dont dealt storm this winter inter we are likely to have very little snow tnie tant is fame ahalt lake like journal peaks of the editor of tha the new now york world as james pulitzer that is a ai incorrect but not a disrespectful ita the bun name or him judas pul 1 atzer WE received i a bull terrier pup on subscription to the HERALD in recognition of this marked increase in business tho the pup p lias been named boom 11 the liali rich hebrew has as given in one lump for the use of jewish charities in eur europe pe 0 let the socialists Socia lista forswear pork and return tu their land 1 afus 11 liaa givon given freddy gebhardt what hat is vulgarly termed th the GU U tho the poor devils vils money y is s gone e AKE ARS mortgages on we western starn firms for cumi aggregating 1 a nio 0 OO 00 we anui who holds the I 1 fogt of them THE tat advocate teller of bf a grand prize fight in tho combatant combatants being dresen d in soft gloves nothing more I 1 I 1 1 L A AM ad tio faal I 1 it is liver and shakespeare we raptor never 4 bieve bev in the BiHon lAa I 1 I 1 I 1 19 1 I 1 I 1 11 0 1 I I 1 I 1 V X |
