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Show I.KUALVIKWOPTIIK IIWIil?fS 1 CASK. Well, Hawkins is commit ii-d. Wh doubted that he would b'j under ;U'.:!i ruiiug1- by ii;e yourt? fi my o .iniou, th-; whole iriul an-l i-n'itdiugj w;:s one of (be -n-;ttef liirevs i-it enaeh d in any court mi thi;; eoniinent. The Territorial law, under which lie wu-convicted, wu-convicted, was .-0 badly tv;i-ted and mutilated, (uo other v.oidi befit to u-f) to be madj to fit the c i-e in paint, that all light thinking men, ir- , respeel ive of name or creed, luut blu-ib for the sad mistake of tiie judge. ; The circumstances, the tiniii Viht-n, and i he people by whom the l.iw wai I enacted, all go to show the uupn-ju-dii '-d mind, that the law was intended to reach altogether another ela-s of ci-l's. Men who hold the power in their own handi, never set legal traps to catch them.-clves. The intent of the I a w-makers is what the court should find, and the time, pUej 1: ticl cireiini-siatiti's cireiini-siatiti's are to be enquired into by the court. lid Judge McKean do ihil? I an-, ver, that it is ju-jt what he did j not do, and lhatis his first false sip i in that case. Who believes that that j statute was intended to reach married j I men cohabiting with two or more 1 I wives-? I say wives because they who : 1 are polygamis'i are married in law, and ; ! nothing but a divorce makes a legal I separation. They may be illegally : married, but who ever heard of a mar-' ' ried man being prosecuted for adultery ' i or illicit intercourse with the wife. It is not an uncommon case for a man to ! mnrrv n Vftilna trl nn.lnr ll-.., lntrC.t age, and without the consent of guardian guar-dian or parent. Ki;cl) a marriage is clearly unlawful, but who does nqt know that it takes a decree of divorco to annul the marriage. Did Judge McKean or any other lawyer ever hear of tho husband under such circumstances circum-stances being prosecuted for fornication? fornica-tion? Or coulu the husband be prosecuted pros-ecuted under the statute upon which Hawkins was convicted? Tho cases are precisely parallel. AH that can ho said in either case if tliat tlidy are unlawfully un-lawfully married. Wherever a divorce will lie in shc!i a case, there- can bo no successful prosecution for illicit intercourse. inter-course. (I have not the wording of that statute before me.) I predict that if Hawkins appeals that case, the verdict will bo set asido. Doea anybody believe that judge McKean would deny n d cere 0 for a divorco to these plural wives? Certainly Certain-ly not; why should he? But in doing that don't you sec he would nt once admit a marriage, and what folio Wi? why that there is a husband and wife; what then? Question Can a husband be criminally prosecuted for "lascivious cohabitation" with his wile under that law? Now let us sco what Ls fo gro out of the polygamy prosecutions. Just this and nothing more. The prosecuting prose-cuting officers must show, First A marriage according to the laws of the land, to a first wife; that is all right; Second They must show a marriage to a second or third wife, (a3 the case may be) according to the law of (he land, so far as local harmony is concerned. con-cerned. Now you see the ridiculous position in which tho court has placed himself. In tho Hawkins case he must have held that tho second marriage was 00 marriage in law or a conviction could never been had. In the polygamy polyg-amy cases be must decide- exactly opposite op-posite or no conviction can be had. What a position forjudge McKean! Ho says in his charge to the jury in the lawkins ease, that ''All Americans know that it is polygamy that is on trial, and not adultery or laacivious cohabitation." co-habitation." I am at a loss to know how a married man can be tried for polygamy, by indictment for "lascivious cohabitation." I repeat the question, can a married man be guilty of the crime of "lascivious cohabitation," with a wife, whether he be legally orillegally married to her? Let judge McKean answer the question. I had always supposed that ho could only be reached by enforcing the penalty for. tho plural marriage and a decree for divorco lo annul the marriage if either chose to bring suit. Tho views I have taken here, both in the Hawkins and polygamy cases, are in my opinion unanswcrablot 1 have put both cases in plain language so : you may understand me without much trouble. You know well, how much I 1 am opposed to polygamy on principle; ; but I like to see fair play. Persecution is not a fair substitute for legal prosecutions, prose-cutions, and I hope for the sake of the , ermino and the profession, that this j kind of courtly farce is ended in Utah, and that whatever else may be tried, it shall be with some ehow of legality. ; It is too lata in the day to make a ,. wholesale onslaught on bigamists in Salt Lake, now. The rush of Gentiles with their families, would soon have, produced the desired change. The 1 mines and the railroad, would have helped on the change, with less trouble and iilfeeling than these late prosecu- 1 tions can possibly do. I very much doubt the right of congress to pass laws for the government of the domestic domes-tic affairs of a Territory. If it can be I done in the one case, it can bo dono in ; all. Can they fix tho penalty for . adultery or for stealing? They might . as well. This Hawkins ease baa created a great deal of discussion everywhere t in tins State, and among the more ; intelligent classes it is looked upon ; as a gross violation of tho right of trial by jury. A reaction 13 taking place here, and I hear everywhere a : sympathy dow expressed for the Mor-1 Mor-1 mons, ' v.-hero nothing but curses ; abounded two months ago sympathy for tho oppressed never fails in the end. These prosecutions will soon dwindle down, and those that have been en-'' en-'' gaged in them will leave the Territory, and hide their heads in shame. 1 nronhpeu (linro will ennn lio o lmflni. ir feeling between the Saints and Gentiles it will bo slow, but it will come. Con y fidence will oome in tho place of mis lt trust, and harmony will grow out, of it e The silliest of all things, and tin ,H most inconsistent of all interested ii ,e these polygamio prosecutions, is d hear t lie Christians crow over (In possibility of polygamy being wipci out. In their anxiety to persccut somebody, they go in ccstacics ovc the indictments found against Brig ham, forgetting that they worship tin - very name and sayings of the worst sc of polygamistfl that tfie Bible gives ani acewunt of. David, Solomon, Abra d ham and a host of those old Saints and the worst of all David was "1 man after Gcd's own heart." Tha li : v as God given polygamy and it, j working were tho work of righteous L tirss. "ISut Brighara is a lascivious ok c ! dotard;' and a thousand other hart I names he is called for practising jus c j what was all right then but all wroni ; now. There is a very nice distinction j they would make us believe, betwect s j ' tweedledum" and "twoedledee;" bu 5 1 1 don't see it. |
