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Updated: June 24, 2025
This conclusion seems correct, if we accept as correct the premise of a universal and common law of nature and of nations, based on human equality arising from creation, of a universal and unalienable human right of life, liberty and the pursuit of happiness, of a universal right of agency-government of a kind necessary to secure these rights, of a universal right of free statehood of all communities within reasonable territorial limits suitable for the formation and application of just local public sentiment, as the necessary means to secure the right to agency-government, of a universal right of free states to be connected or united with other free states on just principles of the law of nature and of nations, of a universal conditional right of free states to be self governing free states if capable of self government of a universal conditional right of self governing free states to be independent free states, if capable of independence, and of a universal conditional right of independent free states to be justiciar states of justiciary unions of free states if capable of judgeship and able to make their dispositions and regulations effective.
Not a polygamist in Utah, to my knowledge, declined to take advantage of the mercy, by refusing the expressly implied pledge. Meanwhile the campaign had been continued for the return of the escheated Church property and for the passage of an Enabling Act that should permit the territory to organize for statehood.
In this view, the actions of the Americans show the evolution of a continuous theory and policy, and the application of a single American system of principles, a system which was based upon free statehood, just connection and union.
What about those elemental rights of representation and election which had figured in the glorious contest for freedom? "Do political axioms on the Atlantic become problems when transferred to the shores of the Mississippi?" To such arguments Congress could not remain wholly indifferent. To a people who had counted on statehood these concessions were small pinchbeck.
When a community, inhabiting a region of such territorial extent that it is not too large to make it possible for a just public sentiment concerning its affairs to be developed and executed, and not so small as to make it inconvenient that it should be in any respect free from external control, is of such moral and intellectual capacity that it can form and execute a just public sentiment concerning its internal affairs and its relations with other communities, states and nations, it has not only the right of free statehood, that is, of political personality, which is of universal right, but also the right of self-government.
What was both new and startling was a clause permitting the inhabitants of the Territory, whenever it should be admitted to statehood, to decide for themselves whether they would have slavery or not. The eighth section of the Compromise Act of 1820 provided that slavery should never exist anywhere in the Louisiana Purchase north of 36° 30´, North latitude, save in the State of Missouri.
The convention met in September, 1787, and acted with order and propriety, passing an act which provided for statehood upon the terms and conditions laid down by Virginia. The act went through by a nearly unanimous vote, only two members dissenting, while three or four refused to vote either way. Both Virginia and the Continental Congress were notified of the action taken.
We have had experience of it from the first days of our Government. There is no commandment that a Territory shall become a State in any given time, or ever. We can hold back a Territory, as we have Arizona and New Mexico, or hasten the change to Statehood according to the conditions, and the perfect movement of the machinery requires only the presence in Congress of dominant good sense.
They therefore deprecated immediate Statehood. The bill granting it passed Congress in 1894.
The meeting first agreed upon the following statement of facts: "Utah's statehood, as now administered, is but a protection of the Mormon hierarchy in its establishment of a theocratic kingdom under the flag of the republic. This hierarchy holds itself superior to the Constitution and to the law. It is spreading polygamy throughout the ranks of its followers.
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