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214

ANCIENT GOVERNMENT OF THE HINDOOS.

answer.

gerents, from the following text from courts, having well defined jurisdictions, the sacred books: “Since the servants of a few of which were not unlike the the king, whom he has appointed guar English common law courts. When a dians of districts, are generally knaves, cause cannot be examined in person by who seize what belongs to other men, the king, he will call a learned Brahman, from such knaves let him defend his or a Kshatriya, but in no case can a people; of such evil minded servants, as Sudra be employed to try a cause. The wring wealth from subjects attending solemnities of the jurisdiction, according them on business, let the king confiscate to Menu, were conducted as follows: "Let all their possessions, and banish them the King or his judge, having seated from the realm."

himself on the bench, his body properly 'The king stands at the head of the clothed, and his mind attentively fixed, government, having to assist him a begin with doing reverence to the deities council of seven or eight ministers, of who govern the world, and then let him noble lineage, whose ancestors were enter on the trial of causes.” The mancouncilors to kings. They must be ner in which a case was brought before learned in the Vedas; personally brave the court was simple and effective. The and dexterous in the use of weapons. process by which the plaintiff could The king consults with his ministers in get the ears of the judge might be either the affairs of government, in this wise: oral or written, and the defendant's He first obtains the private views of answer must be in the same form; if each minister on any important measure, the application be in writing, so must the after which he consults them in common;

The parties could appear and each is swayed by his private opinion plead, or have attorneys to appear inand is very apt to resist the light thrown stead. All have access to the Durbar, upon the subject by others, and the or seat of justice, which is invariably king himself is to decide which is the located in a convenient area, to convene best. Laws of Menu, chap. (vii), ver. 58: the people, similar to those of the days “To one learned Brahman, distinguished of Job, Moses and Daniel; also among among the rest, let the king impart his the Greeks, when the judge sat in the momentous counsel.” His position re gate of the city. The plaintiff approachquires that he must provide for the de es the judge by making a few prostrate fence of the country, and stand at the head bows, or salaams, at the same time callof the military force, being supported by ing for justice, and making an offering a military deputy. In times of peace, of a piece of money. He is ordered to the troops were quartered under the be silent, and state his case to the judge, command of the governors of districts, which he does, in a simple and humble as they were under the feudal system of

The defendant states his case, Europe. When a general war was likely after which, in many instances, the to ensue, the king gave orders to the court holds his decision under advisemany vicegerents, and they to their sub ment, while the contestants and friends are ordinates, to get their troops in readiness visiting the judge in private, each bestowand repair to the standard. Notwith ing presents, in order to bribe, and using standing the onerous duties of the king, their respective influences to effect the a leader in the war campaigns, and a decision; which generally is favorable or judge in peace, the Shaster describes

unfavorable, in proportion to the means the king as the guardian of all his sub that have been used. When taking injects, a divinity in human form, to inflict to consideration the great latitude the punishment according to the law. In judges of ancient India had, and the optimes of peace, the king held his court at portunities to receive bribes and work the seat of government, which was either injustice, her history can boast of judges presided over by himself or a deputy. who were upright and above reproach,

Besides the king's court, there were whose hands were clean, and hearts pure. three others as well as fifteen inferior The characters of such are revered

manner.

as

We are invaded by a hostile force who while under the pledged faith of the families driven fram their homes to find that shelter in the barren wilderness and THE ECHO CAÑON WAR.

215 among the Hindoos; their judgment and of the Brahmans are made effective. decisions are handed down to posterity They were at the head of the legislative and their virtues supply the place of and judicial functions, and were also proverbs, in common conversation among masters of the executive powers, the people of Hindostan.

the king, on all occasions, was obliged to The Hindoo government is composed employ Brahmans for his ministers and of three branches: the legislative, counselors, and be controlled by their judicial and administrative; all these suggestions. The law says: “Let the powers, however, are virtually under the King, having risen early, respectfully control and influence of the Brahmans. attend to Brahmans learned in the Vedas, The Hindoo believes that in the begin and by their decisions let him abide." ing Brahma gave a complete and perfect Thus, from their ancient laws, the king code of laws to govern the people, in was a tool performing the arduous part their public as well as in their private of government, while the priests posaffairs, hence the only acknowledged law

sessed the power. is that contained in the sacred books, The soveriegn, notwithstanding he had the true interpretation of which is given ceded much of his right and authority to by the Brahmans; therefore the legisla the priests, held his position as head of tive arm of government exclusively be the army and master of the public revelongs to the priesthood. The king,

nues. These two engines alone were nevertheless, being the supreme judge,

sufficient to surround the monarch with is commended to employ Brahmans as

an outward attraction to make him an counselors and assistants in the admin-object to receive homage from the priest, istration of justice. The king only pos

and that portion of the people who were sesses the shadow of judicial power, and

fishing for gifts and favors. is the figure head by whom the decisions

Wm. Fotheringham. THE ECHO CANYON WAR.

that protection among hostile savages, A few days after Captain Van Vliet

which were denied them in the boasted started on his return to the army, Gov

abodes of Christianity and civilization. ernor Young issued the following:

The Constitution of our common counPROCLAMATION BY THE GOVERNOR.

try guarantees unto us all that we do now or have ever claimed.

If the Constitutional rights which per

tain unto us as American citizens were are evidently assailing us to accomplish extended to Utah, according to the spirit trusted officials of the Government, from le for the last twenty-five years we have partially administered, it is all that we

could ask, all that we have ever asked. Constables and Justices, to Judges, Governors and

Our opponents have availed themPresidents,

only to be selves of prejudice existing against us Scorned, held in derision, insulted and because of our religious faith, to send dered and then burned, our fields" laid destruction. We have had no privilege,

butchered no opportunity of defending ourselves

from the false, foul and unjust aspersions government for their safety, and our

against us before the nation. The government has not condescended to cause an investigating committee or other per

VI.

Citizens of Utah:

our overthrow and destruction.

waste, our principle

men

216

THE ECHO CAÑON WAR.

cases.

sons to be sent to inquire into and ascer Given under my hand and seal at tain the truth, as is customary in such Great Salt Lake City, Territory of Utah,

this fifteenth day of September, A. D. We know those aspersions to be false, Eighteen hundred and fifty-seven, and but that avails us nothing. We are con of the Independence of the United demned unheard and forced to an issue States of America the eighty-second. with an armed, mercenary mob, which [L. S.]

Brigham Young. has been sent against us at the instigation of anonymous letter writers ashamed In preparing this celebrated document to father the base, slanderous falsehoods the Governor was asked if he realized which they have given to the public; of that the act would be construed by his corrupt officials who have brought false enemies as treasonable. He replied accusation against us to screen them that he supposed so, but signified that selves in their own infamy; and of hire. the liberties of a loyal people were ling priests and howling editors who worth more than fair fame in the eyes of prostitute the truth for filthy lucre's sake. an administration, so blind and weak as

The issue which has been thus forced to be goaded on to such acts of folly upon us compels us to resort to the great and wickedness, by the ignorant clamorfirst law of self preservation and stand ing of an excited populace. He plainly in our own defense, a right guaranteed indicated that defensive action was unto us by the genius of the institutions necessary, not only to preserve the of our country, and upon which the gov- homes and liberties of our people, but ernment is based.

to prevent the approaching forces from Our duty to ourselves, to our families, committing deeds of horrible injustice requires us not to tamely submit to be and cruelty. He expected that a fair driven and slain, without an attempt to investigation and settlement of difficulpreserve ourselves. Our duty to our coun ties would follow the campaign, knowing try, our holy religion, our God, to free- that it should have preceded it, and prodom and liberty, requires that we should posed that while the excitement of renot quietly stand still and see those lentless intolerance animated the power fetters forging around, which are calcu- raised against us to hold its hand until lated to enslave and bring us in subjec- its head got cool. This was the object tion to an unlawful military despotism and proved to be the effect of Governor such as can only emanate (in a country Young's proclamation of martial law. of constitutional law) from usurpation, The Nauvoo Legion (the territorial tyranny and oppression.

militia), consisted at this time of all able Therefore I, Brigham Young, Gov- bodied men between the ages of eighteen ernor and Superintendent of Indian and forty-five, and was organized into Affairs for the Territory of Utah, in the military districts. The general officers name of the People of the United States of the Legion detailed for the campaign in the Territory of Utah,

were; Daniel H. Wells, Lieut. General, ist-Forbid all armed forces, of every commanding; Generals Geo. D. Grant, description, from coming into this Terri Wm. H. Kimball, James Ferguson, H. tory under any pretense whatever. B. Clawson; Colonels R. T. Burton,

2d–That all the forces in said Terri N. V. Jones, Jas. Cummings, C. A. tory hold themselves in readiness to West, Thos. Callister, John Sharp, W. march, at a moments notice, to repel B. Pace, Lot Smith, Warren Snow, Jos. any and all such invasion.

A. Young, A. P. Rockwood; J. L. 3d-Martial law is hereby declared to Dunyon, Surgeon; Majors, H. W. Lawexist in this Territory, from and after the rence, J. M. Barlow, Israel Ivins, R. J. publication of this Proclamation; and no Golding, J. R. Winder, J. D. T. McAllisperson shall be allowed to pass or repass ter. Besides these officers, scouts and into, or through, or from this Territory, rangers were detailed to perform special without a permit from the proper officer. duties. Among these were 0. P. Rock

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well, Ephraim Hanks and many others. officers and men. Anything in the The nature of the campaign was such shape of dress parade demeanor on that individuals were selected for certain the part of petty officers was promptly service without regard to their official frowned down by their superiors, and station; thus officers of the highest rank very soon after entering upon active serwere found performing the duties of vice, everything in the nature of invidious company captains, or sharing the labors distinctions disappeared. Discipline was of men of the line. A distinguishing preserved more by the good sense and feature of this military organization, good feeling of the men than by the rigid was the uniform cordiality between / enforcement of military law. Vaux.

OUR MISSIONARIES.

Wearily tramping day by day

Over the country far and wide,
Earnestly reaping by the way,
And two and two, and side by side,

Are Mormon Elders moving.
Over the turnpikes rough and worn,

Over the lanes through wheat and corn,
Treading the paths in wood and field,
Where honest folks a shelter yield,
They ev'rywhere

are roving.

Oft on the wayside rocks or trees,

Hungry and footsore, long they rest,
Talking of home and liberties
Ne'er given to a weary guest,

However much befriended.
Thousands of miles away from home,

Daily they on their circuit roam, Facing the storms, or dust and heat, Until their mission is complete,

Their tiresome labors ended.

Bible in hand, they teach the truth,

Like it was taught in Palestine, Calling on all, in age or youth, To heed the Gospel plan divine

Restored again from Heaven.
Freely they give the words of life,

Ever opposed by Satan's strife;
Ever withstood by I harisees
Who fight the truth by calumnies

As when it first was given.
Ever at work, their lives at stake,

Warning the world of what will he, Warning the world to turn, forsake, And flee the harlot mystery:

The great sectarian bahel. Threatened with clubs and coats of tar,

Errors' accustomed plan of war; Hated by priests who truth deride, – The welcome that the Elders bide

Mid foes that love a fable.

Wearily tramping day by day,

Seeking the humble, rich and poor,
Calling to all: Repent, obey
The ordinance that will insure

The Savior's approbation.
Over the wide land everywhere

Swiftly the Gospel now they bear:
Soon will the land be left untilled,
The Gentile times be all fulfilled,

And fallen every nation.
Judgments and plagues, with war and fire,

Over the world will swiftly go,
Bringing a devastation dire,
With millions crying in their woe

Who heeded not the warning.
Then will the Saints enjoy their rest,

Gathered together in the West;
Living beneath the laws of God,
Secure, while His avenging rod

Brings terror, woe and mourning.
Yearly from Zion still they go,

Happy are they when one believes;
Happier still whene'er they know
They may return with gathered sheaves

As brands plucked from the burning.
Tramping with neither scrip or purse,

Sheltered by friends while foes accuse,
Leaving it all for God above
To mete to all, in hate or love,

The sure reward they're earning.
0, when the Book of Life is read,

There may the reapers and their sheaves,
Named with the Church that Christ has wed,
Be found upon its sacred leaves

Recorded close together!
Then will the reapers joyful be

Greeting the souls they helped to free.
Wearily tramping, day by day,
Upon the lone or dusty way,
No more, no more, forever.

7. L. Townsend.

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THE CONTRIBUTOR. serted in the Constitution. The reasons

TERMS:

serted in the Constitution. The reasons

being, briefly, that the former is bona A MONTHLY MAGAZINE. fide a tenet of religious faith, and the

latter, contrary to the genius and princiJUNIUS F. WELLS,

ple of popular government where majorEDITOR AND PUBLISHER.

ities rule.

The Constitution as finally adopted by

the Committee, was reported to the ConTwo Dollars a Year, In Advance.

vention on Tuesday, April 25. It is an Single Copy, Twenty Cents.

able document; among the distinctive

features are the right of women to vote SALT LAKE City,

and hold legislative, educational and APRIL, 1882.

clerical offices, the exemption of the

mining industry from taxation for ten CONSTITUTIONAL CONVEN.

years, and the name “State of Utah.” TION.

All previous constitutions and applicaThe Legislature, at its late session, tions for admission into the Union have having provided by resolution for hold been in the name “State of Deseret." ing a Constitutional Convention, the The labors of the Convention have been members elect of the latter, assembled pursued harmoniously, and whether the in the City Hall, April 10, 1882, and or instrument which they have prepared, ganized by electing Hon. Joseph F. shall ever become the fundamental law Smith, President; L. E. Harrington and of the State of Utah or not, great honor Edward Dalton, Vice-Presidents; Arthur will ever attach to the gentlemen and Stayner, Secretary; Junius F. Wells, ladies, who have spent their time in preAssistant Secretary; B. Y. Hampton, paring it. Sergeant-at-arms and W. W. Cluff, It is a constitution under which any Chaplain. There were three lady dele citizen of America, who is well disposed gates to the Convention, namely: Sarah towards the general welfare could live M. Kimball, Elizabeth Howard, Emme and prosper. It restricts no man in the line B. Wells.

enjoyment of the utmost liberty compatThe practical duty of preparing the ible with his fellowmen, and it guaranConstitution was assigned to various tees security to every person in his poscommittees, whose several reports when sessions and in his inalienable and inmade were referred to a select commit herent rights. tee of twenty-one, consisting of the The Constitution was adopted on the chairmen of the respective committees twenty-seventh of April, by a vote of and eight other gentlemen chosen from fifty-nine, being all the members present. the Convention. This committee labored A committee to prepare a Memorial to assiduously, revising, consolidating,

consolidating, Congress to accompany it, and to superamending and formulating the sub-com vise the election for its ratification was mittee's reports.

In its deliberations appointed, when the Convention adsome very fine arguments were made by journed until the sixth of June. The several gentlemen upon the living ques

election will be held on the twenty-sections of the day, and the propriety of ond of May. incorporating special allusions, in the way of concessions to outside popular The comments on the Edmunds Bill opinion, in the Constitution or Memorial published in this number cannot fail to to Congress.

be read with great interest; they express In this connection the questions of in the most perspicuous manner the polygamy and minority representation views and feelings of all classes of our were thoroughly discussed, and upon community upon this unjust, unconstituvote it was determined that nothing upon tional, cruel and cowardly enactment of either of those subjects should be in the Forty-seventh Congress.

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