Show THE CHARGE osa D za U budge ITUS 1 2 facto to sic jhc grand jury V M I 1 T oa 06 y 9 bac f ac amad cro jury up it now noty or b bo 0 com caay duty duly to charge you uio the benico of tho the united I 1 blat cand it will bo be your duty in the firer pl laco to reier by presentation H tati aa to this court nil all bu business viness which MAY aab submitted accompanied by such elid enco as mil balibay you that it requires tobo tobe brought before tho ilia court beyond that there aro are other duties which 2 ou on liec lac to perform if you know of your your own ourn knowledge of an anything being lone done in m this territory which is a 3 iolati lation oll of tho the rights of property of tho c TSUi fiK real or ar an upon any function ot of tho the covern government belonging to the military service or tho the E postal service in the territory or any other ranch branch of tho the public serico sem co it ww will be devour veur duty to report tho the same bamo to the court i by way of presentment hether first submitted by the district attorney or not you yon LAW havo tho 1110 power to ai OT car wit through your foreman m to appoint your own clerk nua to ad adi lourn joum ns its may suit to your ur congeni convenience edice cays I 1 however or view a judi judicious clous gent discharge di charge of tho the duties committed to you gentlemen of tho jury I 1 need not upon this branch of tho the public service iee nor nor on your duties in ki t tho the distri district let I 1 attorney will accompany you to your roo room in ile ho will be present at your sittings and he is ig tho the only of tho court who lim has the right to bo be present iio ho will instruct yon on with regard to such euch duties ns as nifty may ba tx beford you for performance if however you are arc in doubt and want further information regarding tho the perform performance anco of any duty that may coma beloro before you if you make that thai known to the abo court it will be always ready with w ith plea to confor with you r gentlemen of tho the jury there I 1 is ono one other subject upon which asin about to ch arge you it is a subject on which I 1 feel tit at least as deeply as any of you it is A subject on which I 1 verily believe at this hour hoar some are aftem attempting fling to stimulate a conflict between this thia territory tory and the federal Govern government me nt I 1 nm am about to refer to it candidly fearlessly but in no disposition of levity I 1 alando to tho the subject of polygamy Gant gentlemen lemen of tho the jury there was adopted so wo we aro are told and so athe the journals of congress gre ss tell us a memorial by the le legislature lature of this territory and sent to WasT washington lington calling for tho the repeal of the act against polygamy I 1 say gentlemen w wo a are arc told so but it does not appear ou the abo journals of tho the legislature uben abc n it is alleged to have been adopted 7 it does docs not appear iu in the public acts and in no no publication that I 1 h xvi seen does it appear to lavo been signed by tho the me members abers ol of tho the legislature of ibis this teri territory atory or approve approved ed by the governor that is a ic mai kable circumstance but I 1 find mat it u nas as presented to to coneless Congi Con gless by the authorized delegate of this territory and I 1 find in that hat memorial a remark liko like this 11 whereat tho the judiciary of ahia territory has not up to tho the present time lime tried any case under said eaid law that of congress agai against list polygamy ly gamy though repeatedly urged to do so by those who have been anxious to test its col and whereas the jud judges c 8 of the district courts of this territory bayo bavo felt themselves obliged acao refuse naturalization papers to certain ap applicants p li cants now gentlemen a part of that thata I 1 know to bo be truo true because I 1 have refused ni naturalization to persons who have violated the act of 2 by marrying a pol polygamous wife or wives since it was passed for I 1 do not believe that any man ian n in the Langu language ago of our naturalization act can ha be attached to the constitution and welfare of government alho ho has flatly and knowingly viol violated one of its laws I 1 havo hato not done this with any spi levity nor to censure anybody I conrede that every ono one of you on that jury polygamist or not may inay bd a bolter better nian man than I 1 ap but ilam hero here in iho of 61 a swam sworn duty and I 1 mean to do it I 1 find that the united states stated judiciary Commit teof of the ho House of cepro so natives I 1 Res resolved olred that it i is ibe the sense of this house that the law of the united states entitled an act to prevent and punish of polygamy in the territories of the united states ought not to bo be repealed but that it should bo 0 fully enforced aud and that if the judges ortho conits refuse or ne to 10 enforce the sam samo 0 as alleged in t the he 3 memorial rial of tho legislative assembly af pf of the aitho Terri territory tor y of utah they should be rei removed L and nd that if for reasons bey control of 6 said aid judges said law lau is not enforced in an any territory it becomes the duty duly of the pr esidell of the united state tp take care that ibbe faithfully executed gentlemen of the jury local difficulties hato heretofore prevented the execution of this thi slaw law of these the congress of the united Stat states esias has been full fully inform obal as had under consideration i the subject act of 0 their removal by further legislation As aset 3 et nothing has been done dona by that body to facilitate the execution of I 1 the act 1 against hut 4 polygamy and it must remain wh khouy of inoperative without somo further giva it ati cal efficiency TE IE is 15 cibu n bolever bf eyer lever in the tho per power ar of those most concerned in m colva amy to io kaivo these f land submit I 1 fam i selves to tho the execution of tho act of congress again it anyone any one or moro persons as may have violated this act can como come before you and if they desiro it have indiee ment mant found which mily may lead verdict of a petit jury iury and thus enable them to avail themselves of nil all the means presented by our jurisprudence juris prudenco to test the constitutionality ft ef the law baw in question guestion it is very certain that since I acamo came into terr has haa before expressed ft a wish forthe for the eie execution cution of this thia law nar nor offered to aid the coura ita in its enforcement indeed gentled iwa not k before b afore aware that there was amyal auy durei in in this territory desi desirous to have bavo the strength of that law tested or to challenge tha action of this C court ourt or any court in tho the territory Terri territory tor 31 in reference this act sat I 1 am heartily glad that there tire aro such persons here and I 1 suppose from their expression in this memorial that somo some members of df the legislature slature are do desirous and some of those hoso whom they represent if they represent anybody I 1 now say bay this court is ready to try any ajan man who comes hero with testimony as tollis to his guilt of polygamy any man can eb meher avow his culpability in polygamy and tho the grand jury andi and this court will follow jt it to its conclusion that ha may avail himself of all legitimate means to have the constitutionality of the act tested in tho the highest courts of the country orif any of those gentlemen who are arc so desi desirous rolls to hayo this law tested will ahil b briar r in d ca as tEartE ili ef e oraw f an r TA anns been violated d I 1 I 1 give notice now to every man so desirous el t this ard jar jory will zit sit tomorrow to morrow antl and receive evidence to test the constitutionality of that act but gentlemen of the jury I 1 hate na doubt of the ea u of tho the act of congress against polygamy I 1 say now hore here that no earthly power in py anny gov go CrIll eminent neut that afas was org organized annea by oy numan human j U or human force would pcr compel rad molo to anisi 11 I 1 ANT or par lipto ln in its ar en an 1 that abe at zt unconstitutional or oppressive but this thia law I 1 lanca i ait so I 1 hero declare CIare andi and jl am going to 10 reason as L should with another candidly candid lv and fearlessly 1 1 I itera declare my opinion afif rife ren co i polygamy and I 1 do so in no spirit of censure 1 for I 1 would rather that every man tood stood r with I 1 tho the law and with tho the favor of his bis country and the ilia full approbation of his than that anyone sh ifould incur ils ceus I 1 declare gentlemen that so aidt us I 1 know and ray my upon pon such subjects bava not bilen been tilton til tog thor itaki limited ibe tharo 0 o 0 has boon t lau la n civilized law enjo enjoining luing and ami sustaining polygamy and I 1 bof now de declare to you yon that never dover of the of anian airn has it acu r known that po polygamy I 1 ay iy cici c cr rea received vad tho the approbation of tho the yann omnipotent rower abo ro us its but it ial ays met iiii unmitigated curse now gentlemen I 1 put tho the question strongly and ad fairly and 3 I 1 am about to follow it up with ia basone sone in tho the first place tho the law of nature Is against it and civilized men have with that law inal in all lugos BROS igind I 1 find in that book which wo we all profess to re reverence Terence and chic which h ja ia to some of us ier imps to us nil all the basis of our rell religious lloil 1 faith that in tb tha te very commencement of the h human uman raco race there in man and one woman created and no more so true is this that the first langu language a pye ever uttered by man and in which the omnipotent if wo ato aro to believe history conversed with adam and eve has bas an idiomatic expression peculiar to itself in which from tho the begin beginning nind to tho the end of tho the old testament and the same is true ruo of the man an and worn MI aro ara spoken P en of in tho the marriage mar ringo belati relations ong they th are 1 spoken I of RS as one single man and nud arie one a eliglo ongle woman tho the expression in the hebrew and 1 nd tho the word which expresses man is ish one man one husband ono one father find and the word in the same language which expresses woman wife mother is a tind and these end and their derivations are tho the expressions us d from one end to the other of the old and new beita teita mants nud and no man can torture that volume into th the e of anything elso else I 1 have said that tho law f ar of nature is a asuit polygamy language is an emanation ot of the law of nature resulting its as it does from tho the physical and faculties of the human being but thara is ig another strong protest in the law of nature against polygamy the two sexes thew the world orla over i to 0 far f ar as a 3 wo we know knon r any 51 n thing of the human race lai iw a 0 been born bom in numbers nearly equal to each other arid in all cases where tho the law of luman human reduction production has been undisturbed by any attempt to arrest or change its progress a few moro more males are born bora than fema females leg on this point pious commentators say that as manis manier exposed to more danger in tho the tougher rougher walks of lifo life than v oman botnan is and th that at because of a gi cater of life through wars commerce endiso on a few are arc permitted to ho be born bom than females to compensate for such loa and pre solve korvo tho of the sexes this is is perhaps as good au an explanation as could bo be given so far as ue know the consior consi of the human family there aro are at the time more males than females in the thou orld according to tho the census of 1660 of the united states thero there were at that timo time males moret mo lian females in tile tho territory of utah jf itebe nu an obligation at all for each cash ono buo man to marry one oman how bow is it possible for ono one man to marry two five filly fail T or more women if the number of men is greater t than ban the number of women it may be possible foJ fortt those iose more learned in this question to soh boho a this difficulty but my conviction is that this il i l natures na ou own n protest against polygamy 1 I 1 lay iny jit it downto a fact which never has been and never will be successfully controvert ed 1 that tho the Cr creator Gator created one man mail end and on one woman and that he hassi has since uco created about tho the same proportion now gentlemen 4 11 I 1 saw the other day published in the telegraph of this city in an article commenting upon polygamy for web we havo are had bad this question thrust at us sometimes with menace which I 1 L disregard sometimes r ja is edth boasting boastin u irom from the t time me I 1 came into 1 thie ferlito territory to this hour somo some one whitin writing fu I 1 ane R telegraph affirms that saint paul said to timothy and titus 11 n bishop shall havo have at cast one wife now gentlemen I 1 hardly know at which to narvel marvel most tl the ignorance orthe orth infamous trickery trie biery liery of auy any mau man who in quoting that text would daro vo to put tho phrase 11 at least into it il I 1 wound like tolee to see th eman who when confronted with flu alia we now or any authorized trane rona lation of ofiel it would t quid daro dare to say ho he cyca oversaw saw tho the words at least in that felti the authorized greck version and I 1 can bhoj it to tho writer df dalh al a article i or any other person who rho word least is there by no translation that ever u reg regarded aided as legitimate can p ilbo sliewa that ilie words I 1 at least are ae in hib fe f jj ofed the direction paul was waa this speaking of the cation a bishop 11 ile shall be the husband banhof of one wife rife in the original greek it is s mias unave andra ond and no mancak man can get tho ii did boast from it the ilot ioa is of ono woman tho husband in tho the citek ori 1 ginal neither the little parti particle eld ge gamma equivalent is found which could produce the phrasal phrana at lisl anany eor cor translation now gentlemen upon such idich distortions of the new testament as abeso you aro are asked to put yours yourselves elfes in con ilice with your barthly government apa anel challenge leh 0 o of itself tbell ah va the original ginal greek fex test the authorized pro english version sion the D ioury version arsion the 11 tr dud t b A concur in tha tb and the words I 1 tit at least one ona wife cannot bo be found i in aidy any of thero them now t gentlemen I 1 am n othora oth cra to censure a any aydn ina hIim not hore here to bow in fear to any efio ono I 1 shall review briefly the history of somo of the patri 1 archia archs in reference to this very question you will willi flAd aliat th af those wha polygamy camy maintain tha albod t ie a aia faai as the abo medium through whom would bring grent blessin bl eisin Js on ill all race ua fit isow bow gentre meni joi j renoly rn oLy read rh the bible arl arnny ciny translation of it that hm has over ever been mado made b by h i abdou andou connot find ono one sin single of 91 word r x d or rone one jain dinglo glos act of the almighty approving of abrahams polygamy r put the case strongly god to abraham I 1 in alid year 2153 2155 when abraham I brabam wa was 3 73 75 years of age that by reason of his faith in god ho should bo be the ii nedium medium of blessing the human race that his sho j uldie ns as numerous numero uz as the stars of heaven or as the sands upon these the sea 1 t that was 11 yeat 9 beffre hagar lagarto to i abraham for the purpose mentioned m tho bible andl was forshee for she cy presses these a as the this net act sent her maid to Abra abraham harg might have children by him anat was tho the c consequence on saran sarah turned her hei out but drove bor bar aiom b ex oua fihe avas aKande pd and ia 4 fainting sufi |