Show A REVIEW OF M LAWS AND METHODS odst AND A comparison COMP ARIbON WITH THE constitution prom from the utah journal As the times are full of events especially ally interesting and significant to latter day saints and expressions from the people being always in order i allow me to say bay a few words through the columns of your worthy paper you know we have often heard talk of one man power church and state I 1 in utah etc ot of the lormer former I 1 have never seen it exhibited only in the chief executive and other federal appointees poin tees who fre frequently wield it against the voice aal and interests of an entire territory of the latter it is aly only manifest in utah when A CONCLAVE OF 01 RELIGIOUS professors assemble like that recently convened in nephi calling for antl anti mormon legislation to suppress that which those pious ones are totally unable to overthrow from either a biblical scientific social or 01 any other respectable platform isit Is it not cowardly cowa idly for an individual a I 1 to call for the hands of those h he e despises to be secured and made 1 J h helpless el pless while he be gives them a lashing lashings I 1 it t certainly is and yet this is the position t taken by sectarians Sect arians in utah they a scented ascer ted that since our brethren had been incarcerated in prison the freedom of the people to attend the churches and schools has been greatly augmented being a young man born bom in utah I 1 have only lived here twenty seven years and several months but during that short period no one either parents nor church authorities has ever eve r laid a straw in my way of attending in churche any denomination and tb the more I 1 have listened to the preaching 0 of f these learned religionists the more moie I 1 appreciate me ciders ain Biblical teachings of mormon elders who neither preach tor for money nor divine for hire but being freely given freely impart speaking as men having authority tho rity and not as the methodist presbyterian etc another exhibition of the church attempting to rule the state occurred in the winter of ISI 81 and 82 a great reli religious ious f furore aurore was raised throughout theaon the union by the churches calling congress to pass inimical laws relating to an establishment of religion and prohibiting hi the free exercise thereof congress yielded violated the sacred datil ot ol office to support the constitution laid its freedom at the feet of religious hypocrisy and as the fruits of this falis unlawful cohabitation of church and state brought forth the edmunds law to those who are thoughtful in tell igent and truthful al the evidence is abundant to prove that plural marriage is with us AN establishment OF RELIGION and embraced by latter day saints in sincerity knowing full well that the animosity of the world will be waged against them the utah commissioners in one of their reports to the general 1 government reported that polygamy was as much a part of our rell religion gian as baptism remission of sins etc then in the passage of the edmunds act and the decision of the U S supreme court thereon it appears evident that three de apartments lart part ments of the general government are involved in violating their solemn oath of office as provided in art 2 see sec 1 par 9 of the constitution and also the amendment of the same providing that congress shall make wo law respecting an establishment of ir elion or prohibiting the tree free exercise the thereof 11 but bat the law extends further upon the forbidden domain of constitutional rights reaching back ward and deprives citizens of the right of fran franchise calse who entered into plural aural marriage be before fort there was any law law against it thus becoming ex post facto and in depriving citizens of this franchise it is done acne by the administration of a test oath and not according to due process of law thus trans gressing art 1 see sec 9 par 3 of the I 1 fundamental Aund und law viz I 1 no bill of attainder ta Ita inder or ex x post facto law dball be passed if the franchise becomes the property of the citizen by possession then he cannot be justly deprived ved of it except as provided provide for in art 5 of the amendments to 1 ne constitution that is without idue ue process of law now the law is passed in ia the natural course ot of events it is to be enforced and were this done impartially in a manner becoming the dignity ot of a great nation it would not be quite so gl galling ling it is natural for people who look upon their nation as the best of human governments designed as an asylum for the oppressed oppre ased of of every land and clime to expect that its representatives in every department department lepart ment at home or abroad shall be men of honor virtue and truth who would not stoop to anything mean in their official acts hut bat hold bold themselves above prejudice and selfish motives we also look loof to the officials of government to mete yut the law as it reads especially when there is bothin nothing doubtful in the wording thereof one ode might suppose who reads eEdmunds th act that it was designed to prohibit and and punish immorality regardless of who the offenders were but BUS it has heen announced by the prosecuting attorney in open court and voiced by the judge that the law was not intended to strike at t sexual sins but to reach this PECULIAR SYSTEM OF MARR MARRIAGE iaea 11 if this ass assertion erVion be true then the law is incorrectly worded and does not mean mea 11 what it says and the assertions of federal officials in utah do not east cast a very exalted reflection upon congress if the statement is not correct then the general government is slow to vindicate her honor or willing that tier her citizens should be oppressed by corrupt and dishonorable men let the president of the halted united states verify ahstrom his promise ise to see the law impartially administered administer bd and there would shortly lie b e more anti and fewer litter latter day saints in the penitentiary for unlawful cohabitation 11 there would be fewer of tile the latter class unwilling to come into court and stand tri albut who can honestly blame men tor for evading such t tyranny ranny in the process of tae judiciary di ciary officers of the court are sent out to arrest men and in doing so frequently visit the peaceable homes of citizens in the quiet of night or before the dawn of morning and in n the absence of male mem members loers will la suit helpless women and children ana conduct themselves in a manner becoming only to thieves burglars and vagabonds etl etc and sometimes without proper warrants and thereby disregard and violate viola art 4 of the amendments which says the right of the people eople to be secure in their persons bouses houses papers and effects against unreasonable searches and seizures shall not be violated and no warrant shall be issued but bat upon probable cause supported by oath or ir af affirmation 31 mation and particularly describing the places to be searched and the persons or things to be seized let officers observe this rule instead of transgressing in it and all good people will respect them more then comes the panelling empanelling em of the jury arv by which to secure justice our boref forefathers athers provided in art 6 amendments to the constitution in all criminal prosecutions the accused shall enjoy the RIGHT TO A SPEEDY AND PUBLIC TRIAL by an impartial jury and further art 6 of the constitution and ana paragraph 3 says I 1 no religious religions test shall ever be required as a qualification to any office or public trust under the united states the proceeding of federal courts in utah will not stand this constitutional test men of a tain class are denied an impartial jury of their peers because by the open venire process parties are secured for jurors who are the avowed enemies of the accused and whom we have good reasons reason sto to believe are guilty of unlawful lawf ul cohabitation in its grossest form the religious test is applied so that if a man is a member of the same church with defendant he is excluded though he promise to convict if the evidence warrant it as did mr shields who was excluded in the case of the United states vs angus mcannon neither is the grand jury exempt eal t from this dark aged inq inquisition ion an and what justice can the accused anticipate titipa e in this condition of affairs the mij i 1 gath article of the amendments to the constitution also provides that excessive ball bail shall not be required nor excessive lines fines imposed nor cruel and unusual punishments indicted dic filc ted 1 A glane glance at the history of proceedings in the courts will show that excessive bail is required frequently witnesses witness eg are placed under bonds in excess of the f full fine imposed upon the defendant should he be connoted luthe in the case president george Q cannon had he been tried on the enree indictments the fine would have aggregated out aad costs of prosecution this is enough and more than justice would demand but in the bonds required of him this sum was malti plied by fifty what more is needed to prove that the accused was not wan unlawful cohabitation but because he is prominent in the church ot of jesus christ of latter day saints andia and it more proof is needed we have it in the threats of crusaders who declared their determination to deprive him of his liberty and thus aim a blow at the church and people of whom he is a prominent most honorable wid and respected mem berwith a character above reproach unworthy would be the people of the association of righteous men would they not gladly furnish the amount demanded rather than see the accused made the object of bitter persecution when it can be honorably avoided i reading a little more or of court doings we learn aliat that not gatis satisfied fied with conviction the court urges A PROMISE of the defendant whether or not he will bobev the law in the future f as interpreted by the courts by what authority and under what law is such a promise demanded on condition of a promise in the affirmative the defendants sentence is either lightened or suspended while the man who has too much regard for his honor and the constitution af our country to nake make such a promise gees gecs the f full ul I 1 penalty of the law even if he had attempted in the past to conform to the law as it reads and as honest men understand it when two men are alike guilty according to the verdict why then thell should partiality be shown are they on trial for what they may ormay or may not elo do in the future rather than for what they have been charged with doing in the past t how can a man promise to abide the law as interpreted by the courts when the is given to fit the case and conflicts with itself from time to time this is apparent from rulings given in the cases of the united states vs rudger clawson A M cannon AM A M musser lorenzo snow and others making the law very broad when a Mor mormon is on trial but very narrow for an antl anti mormon monnon seducer and the like but suppose it is just to base the leniency of the court upon such a promise what assurance has the court or any one else that the promise will be kept the defendant once made a covenant with god of a most solemn character that he would be true to god his wives and children and if a man inan will break so solemn a promise he might possibly violate the promise madelo made to the court and his apparent i integrity to the unjust demands of the court would only be in profession if I 1 honor the constitution of my country how can I 1 thoroughly honor and respect that law and tile the modus operandi operand of enforcing it that tears away from horn the constitution which is the basis of our civil go government many of the most vital safeguards of human liberty WHO ARE ABE THE FRIENDS OF RUMAN HUMAN FREEDOM can it be those who will twist the law in ev every ery conceivable shape to convict men for marrying women and protecting female virtue while the same officials will refuse to prosecute the libertine who revels in lust despoiling virtue and opposing the peace and good order of society I 1 think not and we have a right to speak and write f reely freely to protest against such villainy and appeal to the nation to treat us fairly asking no lint but our rights it if they refuse ref use as I 1 in n i I 1 i e past we leave our cause in the hanl of god feeling rather to suffer wrong i than lian to do wrong and the day is not ur tar distant when they who have mi applied the law and out stepped the bounds of their authority and hated us without a cause will be either had bad in derision hy the inhabitants of this land or their names will be lost in oblivion patrick henry said in hn his immortal speech in favor of the declaration of independence As god lives my friends I 1 believe that to be his coloe yes were my soul trembling on the wing of eternity wele this hand freezing in death were my voice choking wiil with the last struggle I 1 would still with the last wave of the hand with the last gasp of that voice implore you to remember the truth god has given america to be free M F COWLEY |