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Show II Senator Edmunds Writes I of Evils Menacing Utah I His Viws of Lh Church 0 g Hierarchy, Its Polygamy, J W BJ Political Absolutism, Uti Plotting and Its Disregard of Pledgss and Good Faith IThe following: opinion and recommendations recommen-dations of ex-United stat.-s Senator George F Edmunds on the Mormon question ques-tion now before Congress, will appear In the next Issue of Th Christian Herald. Mr. Edmundfl la the author cf tho antl-polygamy antl-polygamy act of ' With the religious, political or other he- llefs. rent or professed, this article has nothing to do Tho liberty Of thlnklnp, the frdem of faith, and the right of in-11. in-11. pendent opinion, are Inherent and sacred, sa-cred, and are. happily, beyond tho power rf compulsory control A tyrannical ana unlust Kovrnment may Indeed punish i n has often happened In nil .,i" ami ninny countries) the persons who entertain 1 hem. but It Is powerless to destroy or 1 change them But conduct action Is a totally different differ-ent thins Kvcn tho excrclso of the free-I free-I .Inn of speech, SO ahsolutely essential to the rery existence of any government in I which the people have anv rlRhts, Is eon- H'4 ",i.ct and action, and Is. therefore, ns all i tane, men agree, tho proper subject of ircai reetralnl It must not, therefore, incite in-cite to the violation of tho rights and peaceful security of others, or to the com-mission com-mission of offenses against the lawful bo rl order and morality of the, community. There can bo neither equal rights nor equal llbertv without the jeady recognition recogni-tion and observance of these truths Liberty Lib-erty without law and order Is first an-nrc'hv. an-nrc'hv. and then, always, the despotism ot the few over tho many. The greatest n.enaee, and danger to our country and to the truo llbertv and safety of lis people at present Is tho unprevented and unpunished unpun-ished open lolntlon of the laws. Law 9 In this cousin nrA the mandates of the people, peo-ple, the omission or refusal of the administrators admin-istrators of the laws to enforce them full nnd constantly Is. In effect, being accessory acces-sory to their violation. The foregoing and 6elf-evldent or demonstrable de-monstrable propositions are 6tated n-s Introductory In-troductory to tho subject of this article, although they appl to many other Important Im-portant events tnklncr place almost continually con-tinually In tho United States, Polygamy Encouraged. In the veax 1S4S tho Mormon hlerarehv established itself in the valley of Bait I.pke: in USD tho Territory of Utah was organized under an act of Congress, and Included more than 80 000 square miles The absolute political and eoclnl sway "f the hierarchy existed there, with Brlgham Young at Its head and polygamy was practiced, encouraged, rnd. Indeed, en Joined. It had been condemned by tho original ' Book of Mormon," but a new "revelation" In 1843 to j-.F.-ph Smith, the thm "first president, ' reversed the earlier commandment, and provide! for polygamy f.s profitable for morals and edification In this llf, and of larpre Influences In th hoavenlv Miss of tho future state. It having been found that polygamy could not pafely he practiced and defended in Missouri, where the hierarchy was at first established. It retreated with Its subjects sub-jects and adherents to Illinois, where, soon, it caused the printing office of a newspaper that opposed polygamy to be oeetrojed. but flndlnp that tho peoplo of Illinois would not tolerate the practice or the means taken to maintain It, tho hierarchy hier-archy migrated to Salt Itk. os before stated, and established Itself as a supremo Eovernment In eery respect After the formation of the Territory ot Utah, Brlgham Young became Its first Governor, but when his lawfully-appointed successor arrived at Salt Uke, Young refused to turn over the government, claiming a dominion derived from the Iord, and the lawful officers were driven away. At last ho was compelled to give up the publlo power he had unlawfully retained, hut his power as first president, and polygamy as revealed to Joseph Smith, were maintained on a firm foundation founda-tion as an institution of the church and flourished and grew as such. Tho absolute abso-lute mastership of the first presidency over the social and political conduct ot the Mormons continued, and It may bo Justly concluded, from tho known history of tho Territory and State for the moro than half a century of their existence, still continues No Prosecutions. In 1802 Congress passed an act forbidding forbid-ding and punishing bigamy in tho Territories, Terri-tories, etc. but it was rarely If over acted upon, and, probabU , no conviction or even prosecution for that offense took place In Utah from the time of the passugo of the act until after the 22nd of March, 1X&2. when Congress passed a now and moro adequate act on the subjeot, though, pos-Blbly pos-Blbly there may have bocn some sporadlo Instance of such prosecutions. After the passage of tho act of and until after the passage of the supplementary supplement-ary act of 1687 (tho passage of both ha -lng been opposed by the hierarchy), the tidmlnlstratlve and Judicial officers of tho I'nlted States In the Territory of Utah HUndlly and persistently proceeded with their duties in the prosecution and trial of polygamous offenses Many convictions were obtained, many offenders fled from Justice, and the open and defiant practice of polygamy, at least, very greatly diminished dimin-ished and thcro was good ground for the belief that a firm and steady continuance of the administration of these lawn would, within a reasonably brief period, completely com-pletely eradicate an evU not only repugnant repug-nant to tho moral and social sonse of ell Christian people, but destructive of one of tho chief corner-stones of civilized society. Thus In the year the calm and unremitting un-remitting Judgments of admlnlstrati vt Justice had become too heavy to be borne, and so (It may bo supposed through a new "revelation") the hierarchy put forth a manifesto declaring, as described In tho amnesty proclamation of President Harrison Har-rison (January 4, 18S3)- "The purpose of f;ald church no longer to sanction tho pi actio of polygamous marriages, and calling upon all members and adherents f aaid church to obey the laws of the United States In reference to 6ald subject sub-ject matter." This manifesto was followed In December, Decem-ber, 1831. by a petition of the hierarchy addressed to President Harrison, to grant amnesty for past offenses of a polyga-mcua polyga-mcua character, and pledging the members mem-bers of the Mormon church to a faithful obedienco to the laws against plural mar-rlages mar-rlages and unlawful cohabitation It would have been more to the point to have prayed for Indulgence, but that could be obtained In another way by Statehood. The Presldwnt was urged by Influential I and credulous Gentiles of Utah to grant 1 tho amnesty which he did, with condi- tt and limitations under tho mistaken 1 belief that tho asserted change of heart J and law In tho church was real and final. 1 No ono could then foresee that In tho ; grand and expanslvo future of the Re public the Institution of poljgamv In tho I rule of tho Sultan of SuJu would exist un der the flag of the United Slates, j Liberation From Law I Thus tho hierarchy had obtained and i made eecure tho first step toward Its lib-eiatlon lib-eiatlon from tho laws of ('ongresH against Its hitherto "revealed" nnd favorite, prac- I tlces. and became enabled to prosecute 'ifl tinder favorable conditions Its scheme it 'A complete and Impregimbio Indepcndt ace I of tho legislative, executive and hull. Mil t power of the United States in respect bf tho internal affairs of ihe hopod-for Btato, I A bill to enable the people of Utah to I form a State government was introduced H In the House of Representatives bj the t Delegate from that Tonltorv at tho first eession of the Flf tv-thlrd t'ongTcs be- ginning March 4. 1C. It was passed by 'j the House, and was sent to the Senate on W the 18th of December of that year Tt 3 SJ passed by the Senate with amend- '2 ments and became a law on Juh 0 )VH i Desiring to prevent the new Btato 'from J vr relapsing Into the evils that had t vexed tho Territory of Utah and shocked I 1 nine-tenths of tho people of tho I'nlted States for more than fifty years, tho act of Congress required that the constitutional constitu-tional convention to be elected by the people peo-ple of Utah should provide by ordinance it revocable without the consent of tho I'nlted States ami the p-ople of sold State, that "perfect toleration of religious sentiment senti-ment shall be secured, and Hint no inhabitant in-habitant of said St&te shall ever be molested mo-lested In person or property on SCCOUnt of I la or her mode of religious worship, provided, pro-vided, that polygamous or plural marriages mar-riages are forever prohibited. ' Tho enabling .net also provided that "all laws 111 force made by said Territory at the time or Its admission li t" the T nlon s-li .ll t,. i:i fore in : .1 I M t , r " It did not i nact thai the laws of the I'nlted t.Mcs providing for the prosecution, trial and punishment of polygamous marriages and unlawful cohabitation In force nt tho time of admission should bs a part of the laws Of the State until they should be altered al-tered or r. pe iled by Its 1 .egld;' ture, though the power of Congress w:s just as great In tho ono case as In tho other. Restored C.vil Eights. Tho amnesty proclamation of President Harrison followed, on the L'Tth of September, ISM. by n supplemental one of President Cleveland the two together having the effect of restoring the whole body of offenders against the anti-polygamy legislation of Congress In the Territory Ter-ritory to full Civil and political rights, and so enabling them to carry on and benefit by the campaign for Statehood which was then beginning under tho enabling net Thus, every obstacle to the end 150 long sought for had been removed, re-moved, and It onl remained for the hierarchy to set up Its State a consummation consum-mation It had been most adroitly strug-llng strug-llng for through man) years, So Bet free, the rest was easy. A Constitutional Con-stitutional convention was elected and held and on the Sth of May, 135. It adopted a Constitution, with an ordi-narce ordi-narce touching polygamy In conformitj with tho requirements of the sot. The Constitution was submitted to the people nnd adopted, and tho Stnto government was COmplel 1 established it Will bo noticed that the act of Congress Con-gress required no more than that the State Constitution should prohibit polygamous poly-gamous or plurnl marriages It did not requlro anything to make such prohibition prohibi-tion effective, anel It did not apply to anything except the mere ceremony of marriage, Tho Territory had, before the enabling net was passed, enacted n law substantially copying the first three sections sec-tions of the Congressional act of 12 on the subject, but It had studiously omlttf-d the administrative means provided in that act for making the prohibition effective, tho result of which was that Congress, by putting In force for the new State all acts passed by the Territory In effect approved the abrogation of the essential means provided by Its own act for tho duo prosecution of bigamy, polygamy and unlawful un-lawful cohabitation The Constitution of the new State did not even allow the Territorial act of 12, aho 0 mentioned, to stand as It was enacted, en-acted, but abolished tITo section ncalnst unlawful cohabitation by leaving the act In forco, only as applies to cases of polygamous poly-gamous marriage, thrt Is, to th5 ceremony cere-mony c.f ninrr'.itje, f in a prosecution for bigamy, the ceremonious marriage can not be proved the ene falls, no matter now many de facto wives the accused ac-cused may be cohabiting with. No Punishment Provided. The acts of Congress relating to the internal polity of the Territory, of course, Instantly expired on the admission of the State to the I'nlon. Its Constitution only prohlblter) polygamous or plural marriages. mar-riages. It did not undertake to prohibit tho natural and Intended consequences namely, plural cohabitation; and while it prohibited plural marriage, it did not provide for any punishment of It, nnd SO it could have no effect until action by tho State Legislature. But plural cohabitation cohab-itation was distinctly permitted by the Constitutional abolition of that p.irt Of the Territorial octs applicable to It Tho plural marriage once Illegally con-traUd, con-traUd, the parties could thereafter hold tho relation of husband and wife in legal innocence! The writer h;is not the laws of Utah at hand, to ascertain whether tho Legislature of that State has e-ver, during the eight ears of Its existence, enacted any law providing for the punishment pun-ishment of the offences referred to; but such legislation Is quite Improbable Tho evidence so far obtained by the Senate committee Investigating tho case of Senator Smoot. discloses that some, at least, of the chief rulers of the Mormon church have deliberately anel continually carried on the practice of polygsmj without with-out prosecution or annoyance in the faco "f their pledges made to two Presidents of the United Stales, nnd hae set an example naturally nnd almost necessarllv to be followed by their church member and adherents, without an danger of Interference by the legJslatlvr or any other department of the Government of the State of Utah. They know that Congress Con-gress has no power, and that the State has no disposition to Interfere. 'ihe committee Investigation referred to has also developed evidence uhowing that tho hierarchy continues to control the government of tho State, and that the cholco of officers, nnd their official actions ac-tions In some d;Krre. at least, aro subject to Its control. It can qulto correctly say with tho French king. I am tho State All this is consistent with more than half a century of ita history, and should surprise nobody cxecept those whose generous gen-erous and confiding faith In promises, led them to believe that the settled policy of a great and powerful church organization organiza-tion would be, or remain reversed, when that orgunlzaUon ehould become' Independent Inde-pendent of the onlj power It had any reason rea-son to fear Constantly Expanding. The practice of Mormon polygamy, and the political Influence of the hierarchy have been gradually and steadily expanded ex-panded Into the Territories of New Mexico. Mex-ico. Arizona and Oklahoma, and Into the States of Idaho, Wyoming, alltornia and Oregon. This Is a condition of things that 6hould receive the mcst serious consideration con-sideration of the great body of tho citizens citi-zens of our country, to whom both the Institution of polygamy and tho interfer ence or attempted Interference! of religious relig-ious or professed religious organizations with the political autonomy of any republican repub-lican country Is abhorrent. What, then, can be done toward destroying de-stroying tho evil? The National Constitution Consti-tution can bo to amended as, First. To prohibit polygamous marriages mar-riages and plural cohabitation, and provide pro-vide for their punishment; and. Second- To requlro all persons taking off leu under tho Constitution or laws of tho United States, or of any State, to take and subai rib.- n oath that he o'r the Is not and will not bo a member of any organization whatever, the laws, rules or nature of which require him or her to disregard his or h'-r duty to support the Constitution and laws of tho United States and of the several States These two piovislons would, it Is believed, be-lieved, have the effect, substantially, to eradicate iho practice; of nolygamv in all the States and Territories alike, nnd WOUld, likewise, prevent office hoi. ling, either lindl r National or Sutto Jurisdiction, Jurisdic-tion, by persons who felt that the. had any obligations of a civil or political character paramount to their obligations to the whole country or to their States. The first suggested amendment would In no flse Interfere with State toereipn-ty. toereipn-ty. unless th' State itself should desire either to establish or tolerate polygamous practices for each State could prohibit and punish the e.ime acts against Its sovereignty If It Bhould (as It ought; chcose to do so. Tim second suggested amendment does not In the least Interfere with tho sovereignty sov-ereignty of any State, but rather supports sup-ports It: and It would be Inconvenient and trouble-some only to pereons really unfaithful to their whole elpuntry or to their State, or (as It ought n? bo), to any State or community which was willing that Its chosen officers should be under obligations paramount to those they owe to their country State or communltv. GEORGE F EDMUNDS, As a matter of fai t, so;ch legislation Is on the statute-book, it was carried over from the Territorial enactments. |
