| Show THE CHARGE WW SINGS TIM THC SA OLD ba lt IIA VB BEEN aft AT DEFIANCE l 1 of WI Illi history storY alad jewish scripture judge powers delivered his charge to the ilia grand jury on tuesday attar after about the time we WB went to press with our issue of that day conse il que neudy wo WB havo have been unable until now to publish it the reading of 0 tho alin document occupied about throe three qua quat itera of 0 in an hour As adwill w I 1 I 1 I 1 tie be been hii principal tuemo was iliin bl lit wu vu arely publish what le he I 1 line 1 I d to say on that which is about three flirea fourths ot of all he said any WRY it will vill bu be your lour duty to enquire whether ally au of tile the laws of the lied states have been violated it is 18 day luty duty to charge you specifically to make dun and diligent enquiry the tha laws ot of your country re latia balivo a to polygamy and unlawful co babi habitation tation are being infringed in in this district I 1 therefore charge you to in in tint matter for years the tha I 1 laws relative to the marriage relation have boon sot at defiance in in this tor atory this is a fact of such corn com mon men notoriety noto noty that the court is la bound to tako take judicial knowledge of it but bat tins this state of 0 affairs cannot be allowed longer to exist the govern mont ment is is in in earnest the laws of the land muot be enforced and guilty parties taught that it if they continue in in then their evil course they roust must 1 ay ly the fa penalty e n fi 1 t y al people eo p 1 e m must u s t learn that the uw v c can a a in no m moro 0 r 0 b be e v violated i 0 I 1 a t a d w with I 1 t it i nn i n unity in in utah than it onn can be in in the C states they must understand that the grent t bent moral sentiment ot of the ca be tion i cillis la opposed to plural marriage marringa mar ringo the iho booner the lesson Is ia learned that must bo be harned sooner or later that the liw law must be obeyed and that utah is is a portion ot of the united blates 8 t ates the better it will mil bo be for all it is is strange that any will pursue the path which tho the people of this thia territory seem determined to take here B braid m id these mountains naturals Natu raB own great treat treasure trea Bure vs alt clOsing valleys so fertile that they need only to be tickled with ith the hoa boo in in the spring biriuk timo time to laugh with harvest harrest in in sum met mer cou could id be ba formed an intelligent an and d enterprising state some day this will be ba done but it will not be until our p people e 0 ale loarn learn to love their count country r V learn 0 a r n to obey its lawi lawa and learn to rev orenco that great tion ticia of civilization the home with its one wife and mother revered and honored by the ha husband and fat father her I 1 tho iho laws relative to the marriage relation which the court expects your al aid d in in enforcing aro are just laws arid and are ar s constitutional e no As was said by the supreme court of the united states estates no legislation can b be e sup posed more wholesome and ne necessary ce in the founding foun dinc of a free self govern ing commonwealth fit to take rank among the eci co ordinate dinato or states of the union than that which seeks to es cablish tab liali it it upon the basis of the idea of the family as consisting in in und and springing nging from the union for life of one man and one woman in in the holy estate of matrimony the tha sure faunda tion ot of all that is is stable and noble in our civilization the best guaranty of that reverent varent re morality which is la the source aurea ot of all beneficent progress in in social and political im improve mant A aa a I 1 have almady indicated tile the ameri amen can idea of government is is founded on the ch natian idea of homo where one father and out ona mothe reach the tha equal of 0 the other happy in in the conscious nesa bass of mutual aral and eternal affection rear about the hearthstone an intelligent and god fearing family I 1 pa springs from love ot of coun try which is 18 born of a love for home virtue and morality are the flowers which adorn the hearthstone ot of the true family it was wa said in reynolds vs the tha united states 02 92 U S that mar ringe while from its very datura it a a sacred obligation is ia nevertheless in most moat civilized nations a civil contract act a and d is ia usually regulated by law upon it society may be a said id to be ba built I 1 it and out of its ita fruits spring social relations rill social obligations and duties with which government is necessarily required to deal in fact according as monogamous or bolg amous marria marriages gei are allowed allowe addo do wo we find the principles on which tile abo erni Dr nent of or the people to a greater creater or less extent rests professor lieber says gays I polygamy leads to the patriarchal principle and which when a applied I 1 abed to large the t p people ale in stationary dos dear r hum while ah that olt principle cann cannot ot long exist in 1 connection with monogamy chan B cellar kent observes that thin remark is equally equally striking king and pro Lurd gkent 2 kent corn com 81 note e an exceptional colony of ista under an exceptional leadership may sometimes exist lor for a time without appearing to disturb the social condition of tho the people who surround it ill but there thera cannot be a doubt but that unless restricted by some form of con atit ution it is ia within the legitimate scope of the power of every civil g government oy to determine vil whether lether ile polygamy ly or monogamy amy shall be the tha law a w of social life 1 under odor its I 1 to dominion lu in in cameon it assaid id said that polygamy hasa has always aage ways buon been odious abug the northern anil and western ua tia tiona of europe ru ropp aud and until the eutah ment of the mornion church was wag almost exclusively a feature ol of llie life of the asiatic and ami of the african pou pla at common law th mar ariage fe was al way waya voida kent corn com 79 and from the earliest history of eng land polygamy has been d as an uy the sta tutt of I 1 jutres janea 11 II c 11 the offense offence bacu it if in england or N loli WM was matild in the elvi civil coarts and ilia was death la its this onalu wild was I 1 limited in fit lt fill oper atholl to 1 and wales it wail tit at it 11 verre very birly aly r ri t vene generall rall wi it mollie irl in all tho the cof I 1 omen 11 III connection with the inso case we are now nov cone it ii a sig tiffi int ant I 1 at tint tha t on i th tho astl oe december be 1788 11 lifter ft t r tl alio i 0 I 1 1 ol of tile tho act establishing latib lishin religious fr re eudoro edorn ail and atter lh alie conven t tion ion ot Virgin li had i c in 1 1 ai nn all amendment to tile hie constitution of thu the united states the declaration in in ft a bill of rights that ml all nun mail liao have ail equal cinal natural ta anil and unalienable right to tile tree irce axe I 1 c iso of religion ligion ic according Lording at to the die dic tates eulem or t lim his conscience ansi ianco tile legislature of that tato enacted ted the ot jamaca 11 II dehull I 1 in a n in so as recited rn itil in tile pre amble it boon loub tul rt hetlich bi gainy or be by b i mhd alia 1 iwa ol of I 1 una is aj pfenning jl front 1 roin that day to um 0 i o think it may in ly hafely bu be said that there never lias has been it 11 time in any state of the union tell polygamy chivi not bien been nil ail clrence against society cognizable by the civil awl with diore or less kha severity m anty lias has been and on 1 now is la prohibited by the law oi of lexier so BO that even eon before this llna territory Terri lury was vas ceded to ill alio united states tile practice vui ai I 1 IKIC here under ilia laws of 0 our 1 sister IL public as ai it ft ns its nl at the com moll inon law and by ilia statutes 0 states in ill 1862 congress passed an ail act po polygamy I 1 3 roainy inch was declaratory ill cl merely of tile col common anlon law then in force m itil tile tho adili tion that it fixed it 11 penalty for it its violation viol the riia insi case i di to clafred ilia law valid ifal ini f alao bield that pol gamy could not be ba cardim on lawally F oil er ilia cloak of oin it religious religions it aith in th unit tit caw it wit saia mill unit that laws lawn tire aru inalle inn ie for or tile the government of 0 m lions and efflo they can cannot t interfere it dacre religion giom i beliefs nall an 1 billions pillions pil lions s tiny they ani 11 with practices slip loso olle believed bunian liu were a part of reli religion giom wor m ship mould it bo be seriously on contended tended eliat alie civil under lie ho lived could not interfere to prevent present it A sacrifice Bacri fico or if it wife religiously belied it vias herda lurn burn herself upon poll 11 the iho pita pile 0 it hot flat doad hus hand bond would it be 10 beyond the power of tile civil government to prevent her carrying carry carrying ini lier her belief into practice so iso herc as a laa of tile tho organization of BO iao v biety ie t under r I 1 alio I 1 a exclusive domain dohnal n of 0 the U h ly to statts es it is is provided that plural marriages shall not lie bp allavi allowed ad cana can u man excuse ills his practices praet icea to the alio contrary became of his religious r elig ious belief to permit title llna would kulil he bo to make belicic t alio W professed doctrines of religious boeni Pu to tile ais of tile land and in affect to permit every deien to bee olne a R liw law onto government could exist only in name naine under such circumstances notwithstanding the he fuel fact that t was va mi all offe ol lence iiLO lit it tile common law and held in fit ablio rence by tile christian world and that tile laws for foi its ita slon bion uro are declared by ilia highest court to bo be constitutional the iho mormon church LiOlich had established itself it in this thin territory and had built its ita tuia title upon tile tho corner stone of plural trial Utin nage continued to grow and flourish flou risti and ami to defy the it preached plural lural in arriage practiced practiced id it openly und boldly idly I 1 its light ight I 1 to do so BO tile tho laws lawa and customs of tile country to tile the contrary 1 alry banding it laimos that alie I 1 h pr a tico ti v us s right and v while hile all its me members here did not practice polygamy all and defended ilia practice yo q man Is ia a true mormon who does doca not anan in alie agae carine of plural in the church was active fit and brought thousands of converts from rom foreign lands each year it built up a strong and powerful government ROV eminent uniting strona church t and state ellich in its laws 1 ws and practices a 1 cices tices is antagonistic to thi ali very cry IO 10 foundation dation principles at 0 the united states il here e 1 Q then M it people buildup malen an crop empire i r ft it athin bit aim alio to republic ic v hoso choso members defied the lift laws a of t alio ho land and boldly advocated find permitted pi notices practices which we aero a nt at war M v t i t the a davs aws customs and traditions of the american ine rican people the file et of 1802 1862 hid had proved inadequate inadequate and in 1932 what ii 11 termed t alie ie edmonds net act was a adopted and vi v aich pro provides ides for or tile pun ish molit of poly pol namy gainy and fulco habitation Inbi tation tile tha crimo crime of bigamy or poly polygamy ganly con bials in entering late into a bigamous or polygamous marriage the offence is is complete when hen any person who ft ho has a lius has vete band andor or cifu v afu living marries another it is is also alao complete lom cool when any man tan eo u 1 or 0 on tho the same bime lay day marries barnea norn eni more t alian 1 a one woman this thia however does docs not apply to any person by reason afan of any former a m marriage arriage v hose husband or af wife by such marriage has ha been absent be 11 t for or tive five successive e years and is believed by such buch person to bo be dead dea not to ill any ally person by byre remon aion of any for former in or inar nago which shall have been diaso if hed by a valad aad decree of it a all t court orl on tile tho ground of the ilia nullity 0 of afif alio i a mar mai riago contract lu in this territory Terri territory tor there ii 14 no law regulating in arriage inar ringe so a form or ceremony is ig and no retold record of 0 in inar arriago nago I 1 is kept marriage igo is 19 left as it baj M at tile couillou common liu need be ba no wit abos it 11 the parties lare anre col coin betant to contract contla ct all thit that 1 li 14 4 essential is is a present agreement tile tho marriage is complete when there is 11 a full tree free and consent of bartles ii artles tr acting proof that parties llao have treated each other as aa aind have ha 0 lived together its iia mich ii ii ent to enable a court or jury to aln eliat at some pro previous time the ilia parties did id as ai a fact consent to bo be as a fact agrio agree to be lillian I 1 and wife the mode of life the alio holding out tile the declarations or adbul assion of tte the accused ind and the like cotant ial evidence irom from lucli the fact duct of marriage way be referred the offense offence of is in complete chena man to all appearances in 13 ih ing arid associating v ith more than ono one woman as it 11 v wife ife it is m also co lorn in mica a man haj liada a ligal legal wife 1 living I 1 it from A boni lie is is is alien h e n lie ho supports us as it m wife and lie iia at the same time ives i with ith another woman is athorn horn ho be out cut imd and recognizes recognises iia as a aiu ife uy by the term a wife is meant such language and conduct ra hi leads leada tile the orld orid to t believe bt lui that the tha parties are living anil and associating 1111 a m husband loisb ind an ail 1 1 tt lie ife dio intention of ilie lie lawmaking law litt making power in in enacting the law against polygamy anil and as to protect rote ct mono gam gnomic I 1 a age by prohibiting all other marriages whether evidenced by a ceremony 11 1 oily or by conduct an and 1 circumstances alone the supreme wirt court it the united states remarked in tho case ase of tile the united states catl ta tl vs v latison I 1 b it tile baat utu ilia beeks fuk inot not only to punish bigam bigamy and polygamy gamy when direct proof a of thy the t xia wence tenie of these relations rela tiona cabbe can be made but to prevent present a man arnan train from in face of tile tile the ostentation and cp arii of a bigin willi all the outward appearances of tile thu con of tha stints banie relations ioni which i ustad before beloro the net act was passed to 1 ofrendo offence it need not bo be town that the parties indulge in in sexual apy tile the maino lied bed or or spend their kecty U kiino io under tho the mime roof ill ii may inay he be found against a I 1 in n guilty ol of fir or every lay day oll 01 ither 9 s feliu hith li it lir eadi hm li duy day that a man mail n alilin with nire more than one women woman as ti alie ifill u it nu inn in en dt lt lis a 1 I 1 is tyla liun r tho ilia law inn A 1 4 ind ani gitry is vestell with ery ry i ration ill fit limiting tho within a series of if acts may bo be alleged conseil con cons stil tili a dinglo agla all off unco I 1 also sa li rt you u that if you should binl that a aan man is 0 guilty of co cohabiting habitt BI with more o than tha n ono in p I 1 domall No mall one 01 whom eliom cosides in ui thi this s district and tile other oilier in sonia settle other district in fit this territory tor 1 you should for forthie tile offense offence is deemed re emed by the law to bo be completed ani committed here hem A I 1 statute of the united stated bays b ays where any ally of fence against the united |
