| Show IDAHO TEST OATH Its Validity Afflnritd Uf the I S Supreme Court AN IMPORTANT DECISION I laooh the blabS r Jdhlons Xtbertr Bunrcmo Court of tin United States So 13i1Uctoter term 1SS9 Samuel D Davis appellant vs H G Den SherilTof Oneida County Idaho Territory Appeal from the Third Judicial District of the Territory of Iilalio D5L1ZtEATiOZO In April ltSOthe appellant Samuel Sam-uel D Davis was indicted in the District Court of the Third Judicial c r Pt to Tlr District IheTcrritory of Idaho In the county Oneida In connection oCOned cnneton with divers persons named and prn name divers other persons whose names a unknown t tbe grand jury for a conspiracy to unlawfully pervert and obstruct the due administration of the Ian of the Territory In this that they would unlawfully tat tey procure themselves to b admitted t regis tratlon a electors of said county ol Oneida for the general election tlien next to ocr in that county when thpT w r tint fnftt1 < hif In I limit cnt1 n led to such registration by appear log before the respective registrars of the election precincts in which they resided ant taking TiE TKSTOVTU presented by the statute of thu Slate in substance a follows I d swear or affirm that r am a male citizen of the United Stoles of the age of twenty ono years or will Iw on the Sib day of November I IMSj that I have br will have ac tually resided In this Territory four mouths and In this county for thirty days next preceding the day of the next ensuing election that I hive never been convicted of treason felony or bribery that I am not registered or entitled to vote at 3113 other place in this Territory and alJ I do further swear that I am not a bigamist or poljgamlst that I an not a member of any order organization or-ganization I or association which 1 teaches advice counsels or en curll 11 meml I or any other pcrton t commit thu crime of bigamy or jlbliganiy or any other crime defined by lau as a dutyarising or resulting from membership in such order organization organi-zation or association or which practices bigamy or polygamy or plural or celestial fluml clt marilagu as a doctrinal rite of such organization 011Imton that I do ntt and will not publicly or privately or In ony manner whatever teach advise counsel or encourage any person I per-son to commit the crime oC bigamy or polygamy or any other crini defined by 1U either oter religious duty or otherwi < e that I do regard the constitution of thou United Stiles and the Lows thereof and the laws of this Territory a In terpeted by the courts a the supreme laws of the land the teachings of any order organ zation or association to the cn trary notwithstanding so help me Godwhen In InlUicnch of the de fendants was a member of an order organization and association name Iy the Church of Jesus Clinsi of Latterday Saintscommonly know as the Mormon Church which they knew taught advisedcounseled and encouraged Its members and devo t to cmmit thOl nrI and polygamy duties arising b am resulting from membership In sid order organization and association 3alon and which order organization and association UK they all knew proc Uced bigamy and polygamy and plural and celestial marriage as do trinal rites of said tnl rit Ild organization aUI that in pursuance of said uanc consplraci 1plrc the said defendants went before the registrars of different precincts the county which are designated and took and had administered to them respectively the path aforesaId THE DEH2DAXTS DEMLBKED to the indictment and the demur 1 rer being i overruled they pleaded E tl scrtnraff If sat milltir nn Viu 041 which followed on the 12th of 8p tcmber 1SS9 the Jury found the defendant Samuel 1 D Davis guilt i 1 charged In the indictment The defendant was thereupon sentenced Intenc to pay a fine of S500 and In default of its payment to UTconfiued in the county jai of C county for a term not exceeding 230 exc 2 days am was remanded to the of rmnde t custody the sheritTuntil thejudgmentshsuld shenlual should bo thoJudgent shoul satisfied b I Soon afterwards on the same da v the defendant applied to the court t before vhlch tho trial Was bad lur and obtained a writ of hobo ear I put alleging that he was cr Im lrnt and rpetrnlnrwl rr II 111 erty by the sheriff of the county that his Imprisonment was by sIc tuoofhisconviLtiouand the judjj lent mentioned and the warrant sued thereon thatsuch fSe Uero Ult such Imprison jnent was Illegal and that such Ille pllty consisted In this 1 that the facts in the Indictment and record did not constitute a public non fble ofense and the acts charged were not criminal I punishable under any r statutoor law of tho Territory and 2 that so much tie statute of too Territory PInis which PrIde thai f no I entl1 b at any election who is a member YU ol any order organization orer oroltoo or associa tion which teaches ton tcl advises coun sels or encourages iu members eoculg It mlmbr deG any other person to com mit the crime of blgam orjiolygamy cm pr any other erime defined bylaw us I duty arising or resulting Crl memberahlpin such order organiza tion or association or which tices bigamy or jycrhpru6i or celestial marriage as a doctrinal rite of such organization is llw fc ornlzton1 a 1 respecting an establishment of rell felon In violation of the fii = t amendment of the Constitution and Told Conttton The court ordered the writ to cur J O5rit dir t the sheriff t turnable before It at 3 oclok r in the afternoon of that tins < vrm roasting the sheriff to have the body of the defendant ot < courtat Ihe hour designated with the time nnd cause of his imprison meat and t do and receive what i should then bo considered wht b cnIder concern ing him On the return of the writ wri tbo Hheriffproduced the body of the defendant and nho tho warrant te commitment under which he was held and the record c tbe case rn showing conviction for the C con spiracy mentioned and te Judg co ment thereon To this return the defendantadmlttln the tae bin therein excepted to their deficiency to Justify his deteitlon The court holding that sufficient cause was not shown for the discharge of the de fondant ordered him to be remand orer t b rmand e t the custody of the sheriff From this Ihert Frm Judgment the defendant appealed 19 t this Court R S Se rifE DEcIS1O DEf10 jj bruary 3 1600 M Justice 1 Field afer stating the case del ered ale of the Gburt On < r anneal our only Inquiry I app District Court of the of the Territory had jurisdiction te offfcnfc charged In tho 1 Indictment of which the dendat wtt found whh Jt bad Jurialk l on r gly I htl 1e ran go no fJrther Wo cannot look rler Into any alleged I errors in Its rulings on the nrr ol the defendant The writ of Itaccu carplU caflilpt tc turned Into I a writ of error f re claw tha action of that court 2 < or can we inquire l whether ino evi cW inIsbhihedtk0 fact l allegtd e that the defendant waui member of an order or organization known as the Mormon Church called the Church of Jesus Christ ol Latter day fealntfjOrlhe fact that tho order or organization taught nnd rosin ocled Its members and r devotees t to commit the crime of bigamy and j duties nH 1 from poyrtatuy Us tutd arising trm membership therein On thl I hearing wo can only conslder whether these allegations b ing taken ni trues an oflense w committed of which the Territorial court had Jurisdiction to try the defendant And on tub point there can be no sedou dl cus pl ilon or difference of opinion Jug amy the lasva aim of nil civilized 01 and i000iOo Chris Ian countries Tlicy n climes by helawfcbfiuo United Suites and they are crimes bj the laws of Idaho They tend to destroy the lurityoftlio marriage relation t disturb tli e peace of families to degrade de-grade woman and t debase man cW crimes are more pernicious t thu bt Interests of society andre calve more general or more deserved KiukhmenL To extend exemption i from punishment for Mich crime would b t chock the moral Judg nent of thu community > To call heir advocacy n tenet of religion iso is-o offend the common senso of man Unol I they n clme then 14 t tech advise and ncounsei leir racticois to aid 10 Ut ino mrals alan and such teaching Jindtoun RUng aretlicmselvui rrlminal and proper subjects of jiunlihment as aiding I and abetting crime are in all other cases THE TERM nniaoioji Kas reference to ones views of his relations to isle Creator and to tbe i obligations they Impose of reverence or His being and character nnd of obedience tu His will It is often confounded with thccultu or form worship of a particular cect but is littlngulshabh from the latter Thou I first amendmtnt to tlieConttltullon In declaring tliat Congress shall 5 make no law hspcctlDg It estab Ishmtnt l of religion or forbidding I he fife exercise thereof was in ended to allow every one lldrlb jurisdiction of tho United States to entertain such notions repecUng his relations to his Maker aud the duties they impose as may be ap Proved bj his judgment and con ciencennd to exhibit his fcnUmenU In such form of worship as ho may thInk proper not Injurious to the qual rights of dS op O others and to pro ilbit legislation for the support of any religions tenets or the modes of i or hlp I of any sect Tiseoppresulcu measures adopted nP the oppressive cruelties i and punishments Inflicted by the otninjenl3 of Europe Jor many I igestocompel parties to conform in their religious beliefs aud modes of orsblp to tho views of the most numerous sect and the folly of at tempting In that way to control the mental operations of Irson and enforce an outward conformity to a ircscribed standard led to the adoption of the amendment in question It was never intended or UIeed that II nnnI I could be invoked as a protection against legislation for the punishment punish-ment of nets inimical to the p50cc good order and morals f society With mans relation toils to-ils Maker and the obligations lie may think they impose and tin manner in nblch an expression dt nb shall I bo made brhtm I of bis belief of thoMj suljects no interfeience can be permitted provided always the laws of society designed to se curd Its peace and prosperity and toe morals its people are not in terfered mlt However free the i exercise of religion may Iw It must be subordinate to the criminal laws of the country passed with reference to actions regarded by general consent I con-sent as properly the fculijccts of < i in Itlvo legblatlon There have been sects w hlcb denied as a part ofi their religious tenets that there I I should Le any marriage tie and advocated promiscuous intercourse I of the sexes as prompted by I the U8101l of its members And i history cloe the fact that the I necessity of human sacrifices pn I special occasion loan been a tenet of many reels Should a sect of I either of these kinds ever find Its wny Into this country swift punish metlt would fnllntv fill r tmrtnf itn eITcetot lies doctrines and nj becd would be given to the pretensethat as religious belief their supporters could be protected lit their exercise b > the Constitution of the United Stows Probably neer before In the history of this country has it been seriously contended tint the whole junilive rower of the government gov-ernment for acK recognized Igr i the general consent ot the ChristIan matters world In for modern prohibitory times legIslation as proper must be suspended in order Uiattbe tenets of a religions sect encourag leg crime may be carried out with hindrance On this sul1 t tseobrersationq oC this court ftimnnli 01 n ldA tltt JuUce Wait ln lleynoldtv United Stolct aru pertinent t3 US J45 6G s 1C5 lOG In that case the defen dant was Indicted and convicted under section 5M2 of tbo He Used SUtutevlilch declared that every person having a husband or n ife II v ing who marries another whether married or single In a Territory or other placeoverwich the Unitet States ham rafcluslvu jurisdiction Is guilty of Llcnrcy bed shall Tx losnirhest bj n fioebtsfot boon tisitr I onnient live hundred for a dollars tech notmori axooljy msg1 I five years The carn hoeing brought here the court after referring to a uw I ed In nmlp 0 the State of rSifur ritalsliing bigamy and polygamy with death said that from that day there ibvei hail beeu a time in any State of the Union when Itolj gamy 1ad nptJ been aJ offen 1h agamst society cognizable bj tlib civil courts and puuluohicd 1 hmo E andhddli Mtrrragr tWill from its very nature a acred obligitiou L neverthuless In juo t civilized nations a eivll contnct t and usually regulated by law Upon lt 1 ooivty maybeaaid touo 1iuitnestout O social MS iuii obligations rjuiu ° euuiui and reiauansruiu dutlesrwltb whIch government Is necessarily re quired to dell In fact acusrilingas monogamous or polygamous mar riages are allowed do we find the rlnclplcson wblclrtho government o f the people to a greater less I ex ent rests And referring to the statute cited be said It Is consti tutional and valid as prescribing a rule of action for all those residing In the Territories and In places over which I tho United States h r have exclusive control This being so the only question which re maIns 1 s whether tboe Vlip make polygamy a part of their religion are excepted from tho operation of the tatute If they are then those who do not make polygamy apart of their religious belief mav los round guilty antI punished while hose who do must be acquitted and jo free This would be introducing I a newelement into criminal law Laws are made for the government I factions and while I et they cannot Interfere willi mere religious belief opinions they may with prac 1ICet Suppose that one believed that human sacrifices were it neces racy part of religious worship would L It be seriously contended that the civil government under which Tie lived could not Interfere to prevent noserifia Dr If n nrl < rulltnit I believed It was her duty u n to bum her 03 I MUfupon the funeral plleofherdead husband would it be beyond the power of the civil government to prevent her carrying her belief Into iractict So hen aa a law of the or ganization of society UnJer tho e elusive dominion of the United tatcsjlt is prOvIded that jilfaral mar If lt1Ilft j ages shallriot bealloweJ Cana I man cxctue hU peactfetother con I trary because of his religious belief I k = m to H tllLp iJ n mako th Uo I4 n IIUlJpps lanJ belHiu rlor E la1tbo and l ihecl wp hiitt every citizen to become a Jflw ITOto himself POT ertlhttn t CBuItfiTC lst qnty In ussde HtclrculDfaJlee llrl Dantsq liB U J fif1t to III ctof an1fr Iidti Jrg pol > imlsls 4ULfI ltatro tOUDg or hold IJIf IjVI r otSklp 10 Jfr Justice tlf aFtI eM Siiid l er tainjV11 > Wit S nil Ilg1bUo fD b lr rS dtt1f vnoiesorae MMl JlMV lMSiVh cusp Oii found IngtifitA free s lwov iJt DS r tOtti nionwearth fit to take rank as one otLthiq coordJpAje States of the wSh1eW Unlon iharfiHiaV which seek to estatill11t t on tlH tests of the Idea of theLimnyissrrcoLtin In and Ej1rtoglpg frojujbjjthi0n for ur of OUlt rmAlln J ° Tilman 10 the liol ftroop iHtrlrJID tin SI1 outifitifitih ormlvI 18 stable solid notJIaiilo clillxltJOI1 the best guacpoistoof tGttrtsts morality whlohlie eottr ufall beneficent iornimoiiirrocliflhnbl lolltlcai lea pror ieDU Aliff to thl9 l end no me3nsih mftfe directly and Im medhitiy iOtiblJ than those provided pro-vided bMhiirtftitlifch endeavors towttlKlKiw nirfiolllical Influence from thc frwvaro pracUually heel tilntb1t itt riillllbt lt5iffisJuns4t1bfcOU05Ci ofthe petiUohtttliaVberatiEf no modoo t worship can be establishsa or re HjrIbuVtfatb < MMtdln1blS country coun-try therefore iflfform of srbrabip mayiHjTWrcmAt and yW tenets howcfliirJcstttMlUeof toeiuty maybe may-be neU 1h11 IITkaleJ If unaided to be A rwttof IhstvliKlous doctrines of thOwailvOBaUog nnd practising themVDut nothing Infurther from the trnth Whilst ° legislation I for the cfctaMMimont bfiaTellglon Is lor biddthand ILVfreo exercise fr rt 3 tun t fo lli mltttd It lov not follow that every thlnswhlch maybe culled can bq toferatediJtrtnie Is not the less qdlfius tiecairiD Kntctidnixltif what allY > rtI < uIar sect nlay designs ttsrtligioh1 tIt t-It oniyrunnlnRlo nfertfrthelaw which ° J i r AU I TIP > LgOlSrtTUuiU I of lbe ToVritcrJ ° otldaho jrefjcribe l quilltfcatloakcf voters nnUu5 r oath HlyWoreJirqulrcd to take t = lmoT TJiu TfewlsWlHtatutes provide that the legislative 1 power of every Territory i Ter-ritory ° ffall cxldhd to nil rightful suljct4tVofieJisiaton not laconslsi tnt witVflXJ CtomlltutloiT and laws oftheirflltedBtnte Hut no law sbill tie jtofd futerteriiiK with the prlrodr ilVfaUat tbo soil no tax shall brflnfperrdlnpon the property of tbutliiittdtetitts nor shall the lands or rfieiWhcr property non residents uo taxeu higher than iou lauds W Kltbof iproptrty of real dents ° ° llL SJ sec 185L Uniler < tlitr eneral authority it dl1J1r erTN sroulcl5knitithat the Territorial legklaturywcs authorized to prescribe pre-scribe nni fuullficatlojs for voters calcuUtaltoKutliroobudienct to It Uws But lUijJclition to the above Lw Section 1W9 of Jho Jlevised Statutes prflvldca that cviry wale cit7Ah4bcXatl ase of twcnty nt IncluillpcpccpnH uho have legally Ilicl ri = declared Ihdr InVntlon to become citlren WariTerrltory bercafte I orgnnlxed anlt who am actual ics dcuUtof uclTirfitorj atthvtimco I the orcaiilzatlun 4htru hail be I cntltliir to ° 6to at the first tlectlBn1 In such Territory and to hold lanyjofflco therein cub ject nevyrtlwltift to the Deaths lion tjrrJGrJ in the next sec l Uon arajlirthatln nil elections flo In nnj Territory b5f < iuently organized or-ganized by Congress ta well as at all cl rtinns In Territories already 01JlJtI rJjtIl it juuUicaUons of voters I vot-ers khd jbrhoTultfe ofllce shall be suchi ° mnylc prc crib l b tile IAgIlntlvelA IJIyoflch Territory Terri-tory subject noKirtheleB to the f 6lFTrot trii1olellbO First niat the right of suffrage and1 of hoklinp oTDco shall be exer eli only by citizuia of the Unite State itbova the as trof twenty in or persons above that ago who have I tbehTiinttnUoq to become such rltlzetiK I Second That the elective fran chiteor the rl lit of holding office shall not be denied taany citizen on account of Dice oblor or previous condltloa of certitude Third That BO soldier or Illlor or OUleJ ecr onjA tjie army or navy oratbulieQ to troopV In the rcrvlcc of ilia UulUal Stales shall be nl loweifrto vote unU he has made his perruarjEnt JomlciJe Ja the Torch I tory Qj swonth I and Foul nir > on belonging to the sfiTuyttnArj slrall be elected toUr hujlda t11T lt1ce or nlllct ment fu 1119 cr4toiry II11OcJ Th4ipstt4pioarethe ujorfllio authority conly of Torn ones lariat JAIslttur Jlgtilmt granting thentpl4lirsulnpge urof holding ofllce ron i I TlutJiit Jl fewer therefore I 0 to 1tocT1s f 9 I sitsAnapeQutuninauorss i of votejsjiM3Kolding office not I birou5b U nOnttio above llmila tons Thjt Jnimcnt section 501 o f the KSfceU Htatules of Idaho Tcrrlt tgfJl prOvides that no pelf P ouacdlanship non mW pII on nor any otoblttMj T treason felony or briiwyotht I Territory or In any othid4tpf Territory In hu Pniod5ituto TStsrctI to civil rhh 12 itiffl n whets a big Iml l1 gtflpbtorwho leaches betiisiorncourngrsnny persou Q II to becomo hi j mNUg fttr r < rtrtst or to commit I i any olli ftrhdefineit bylaw or to entcf JnJo what t is known as plural I plu-ral rceJ lj 1 tlaj I r fftirriage or who is a me it totnriVorganization or as ioe 1 MsWteieh advises eounsqis4t jtxrageajis members ordevteqhmyother persons to commitJnVfcnmo of bigamy or I pobgallly brafiy other crime de fined h TlawAFjther as a rite or ctrerfipnE stlEi order organiza lion 0 I llftlqnor otherwlet Is ro ClJ > T tfo soy election I or to lioTOT dfty position or office of honor truct pr p roOt within thin fertllDrth rrot oPen to see n Ctiiutijo15riisl 1 jection J With tho ep11Ufilpf person under guardhhuiullfp ortf uuound mind ltclmyetJuhes from the pril1 Iege oi iqtn ltor or holdIng office nflitiiortrost or rrofit those any who bayplSeji convicted certain oflinHyl and those who ndrpcatea ctical r jlfancc to the ian of tbtTItIWiJolbtlj spri JI e e TKU OUUilfMON OF Oil JIES x orbldjijtj i i Tho fccond mb ilvldppeoF t ljcgton 301 o the sir vlei siatilonf lilSiOs entleo TyjpYrspnilcjfirlDg tohavo Jiia Juanglared a voter to take an oath tuat Lfilocs not belong to an orti ptkhLoisiaes a disregard of tue icrh rnUJ ftof thoTerritory Is I not optn fo > valid I legal 1 objec lion to which our attention has been mlk its5hltosoh Th 1 IIIlIr rat Congress hafj by 1 JWI WI cuvtmm r HOLE SUBJECT or pu jp l ° lkatton against tOga my aiiit vlnz nothing forTjr1Iiifj nation on the subject dotes psC ID11te us as entitled to M fjl irTho statute Con nUp lSS amending a phbltttloh ot the nelISQd Stlt JqrJtreocu to blga mY tthfiatthst no nolvi IOUIiS jtll ° or any person I I co1taojuug islItit more that ono I womllbtl11 j 90 woman ceI defltflijrs I id 0 of the 1errons ld In UJls 6eclfoo I t vn r or other place over I whIrfWl UWIlcd rs flp have ex I cluiUr uriUi lon shall be en II I UIcdjtoTot0 atony election held in I I ally su I Terrilok oroUier place or I bocIlglGle fSfSrectlon or appoint me fajtir boUentltled to hold any offlcWfcrpUrdiof public trust honor I erflrilumentWinrnUtr or for any I metttin1lIIT i rnh nrnnlp fh United filat lli o22 htat t ir I I ThisKni general law applicable to BJHtfSprritacJfcifand other places I rlWe dlSVve unao e e i o Jurisdiction of i thisUtflalMnessoi Inciseshot puri t1lqnttdcltLbfeglslatron of thel Tqmitqrfpoverflilreti o5nsca or oel I1 eiM rllr lItelf ascertainI m tIfE tTryonUon Tlio cases I rhlBtf tflo legislation of Cong Con-g will BoNrricae the legislation I ortfBtate erfTerritory without I Iptcltlc prolth nTt that eflect I osus onaesam r are those In which the same mxttezisthe subject of legislation br froth There the action of Congreinvy well be consufcrcd u coveringt the c1fttre grourfd But herethero Is notliing ot this kind The actof Congress does tiLt tonch upon tutelilne advising and ccusr jpellDf the practice of bigamy and polygamy that b uieti aiding and obetllng In the commission of those I tllnCl nor upon thu mod adopted I by mcansotl1e oath required for tttlstmtlon to preYeol 5wrons from Veltig enabled by their Totes 10 ue eat th6 criminal laws of the coon 1j1i fiidgnjeTnt t > t iso court below Is T ilUiibt1 pf r ernl State in providing Ice i1Ig ious domrIuiTOllecJared M prefsly that suet freedom snail not I tJu zm I Iw construed to excuse Acls o lIcentiousness Of justify practice inconsistent with the peace and safety of flit State Thus the constitution ffte ofll 1 tI stitution of Sew Toffc of177 provided pro-vided as follows The iieS e er clsu and enjoyment of reliffloti profession and worshIp without discrimination or preference shAll orever hereafter be allowed within with-in I this State to all mankind fro tmca JJiai eon jioeriy 01 con science hereby grouted shall not be so construed as to etcuOOJ nets of licentiousness li-centiousness Justify practicesin consistent with thopeaca or safety of this state Art XXXVIII The satoo declaration repeated in the 1 t constitution i rn 1821 Art VII Sec 3 and in that of ISM Art I See 3 except that for Uie word hereby granW the worii hereby secured are substituted The constitutions of California Colorado Connecticut Florida Georgia Illinois Maryland 3IIn peseta MIsslwivpJ Missouri Xe rails and South Carolina contain emi e-mi at declare n I |
