| Show MINORITY REPORT OF THE UTAH commission Exi existing stink laws declared sut sul fi fici elent ent NO MORE MOKE LEGISLA legislation LIMON NEEDED SOME FACTS IGNORED BY THE SIGNERS MAJORITY REPORT ST louis mo sept 1887 SIR BIB concurring in in part in the j majority ity report of our associates but dissenting from it in other parts particularly as regards its general animus and tone and the propriety of introducing a theological discussion into a secular document wo we deem it advisable in in order to a clear and distinct expression of our views to submit this our separate report omitting the tha details of the commissions mode of preceded deurO re which have been heretofore set forth we proceed at once to such matters as are more interesting to the government and the public at the election held on the 3rd ard of november last for delegate to the congress john T came caine mormon nj was elected by bv the following vote oai oame n e william M ferry 2810 will wil ham H dixon Sl 34 scattering 34 total at this election the women voted under the territorial law which has since been repealed by congress march 3 1887 early in february of the present year the commissi n reassembled in salt lake city and prepared for certain mu municipal elections to be held in in the spring aaring the supplemental act of march 3 1887 materially changed the law as to the qualifications of voters and office holders and the commission in once aacen of our former usage in like cases issued a circular for the information of registration officers which was transmitted to them throughout the territory ithe the qualifications of voters being thus set forth 1 I L no polygamist bigamist or any per sn son cohabiting with more than one woman v shall be entitled to register or vote at any election in this territory nor any per person peron on who has been convicted of the crime of in unlawful cohabitation adultery for anicat ion bigamy or polygamy nor any an per son who associates or cohabits with persons of the other sex nor can call tiny any person register or vote who has not taken and subscribed the oath prescribed by the twenty fourth section of the act of con gres or march 3 1887 nor can any woman register or vote the commission is is of the opinion that the above specifications include all the disa ili ties to which electors are subject under the laws of congress and that no opinions which they may entertain upon questions of religion or church polity should be the subject of inquiry or exclusion of any elector the oath proposed as a condition for the registration of voters following the language of the art act of congress as closely as possible was formulated as follows territory of wall utah county of 1 f I 1 being duly sworn I 1 or affirm edl eda depose and say that I 1 am over twenty one years of age that I 1 have resided in in the territory of utah for six last passed arid and in anis precinct for one month dimmed lately preceding the id date te hereof and thai tha I 1 am a native born or naturalized as the case cade may be citizen of the united stats stat s that my full name is that I 1 am years of age that my place 0 of business siness is that I 1 am a single or jorj married man that the name of my y lawful wife is and that I 1 will T support t the constitution 0 of f the united states an and d will faithfully obey the laws the thereof an and d especially wilt will obey the act of af congress approved march 22 1882 entitled an act I 1 to amend section of the revised statutes of the united states in reference IQ og bigamy other purposes and that I 1 will also obey ay the act of congress of march 8 1887 4 entitled an act to amend an act entitled aj act ace to amend section oj of the revised statutes of the united states in reference to t 0 J and u 4 for other pitr purposes poses approved 2 4 ass alss in in respect of the crimes in act aeling and forbid forbidden de n and that I 1 will not directly or indirectly ald aid or abet afy counsel or advie any other pers person to fo comi commit mit any of said crimes defined by acts of congress as polygamy bigamy unlawful Tul cohabitation incest adultery and fornication although h the person applying to haye have his name registered as a voter may have made the foregoing oath yet it if the registrar for reasonable or probable cause believe that the applicant is then in fact a bigamist polygamist or living in unlawful colial or associating or cohabiting Sly with persons of tile the other sex or has been convicted of bigamy polygamy unlawful cohabitation incest adultery or fornication in in our opinion the registrar may require require the applicant to make the following additional affidavit territory c ff f utah county of I 1 further swear for affirm that I 1 am not a bigamist polygamist or living in in unlawful cohabitation or associating or cohabiting babit ha biting irig pola ga with persons of the other sex and chat I 1 have not been con evicted of the crime of bigamy polygamy unlawful cohabitation incest adultery or fornication soon after the passage of the act 0 of f march 3 it was a common belief among aba he Uen jentilet jen tiles that the mormons cormons Mor mons generally goold not take the oath but it spon soon became apparent that there was a rge genera noral disposition among them to take it thereupon the commission was waited on by a committee representing the liberals or Gin gentiles tiles request ing a modification of the oath by interpolating po lating certain expletives and amplifications cat ions the commission unanimously declined to po accede to tins this request for fo r the reasons assigned in a written communication mum muni cation see appendix 11 I 1 1 quite a number pf af the mormons cormons Mor mons as well as the non mormon declined to take the oath the latter as aj we were officially informed objecting to the clause ca cernig adultery and fornica tion lion the general result of the election of of f august ast 1st may be stated as fol follows lows or of the 36 members of the legislative assembly the mormons cormons elected 31 and the gentiles 5 of the territorial county and precinct officers a large larg mijo majority rity of those elected are cormons mormons Mor Mori mons none of whom howee howe vr r are living in polygamy in former official reports the commission several everal times ex pressed expressed the opinion that the laws of congress in conne connection c with other influences were setting strongly in the direction of reform in utah and that at no distant day this relic of asiatic barbarism polygamy would be swept from the land we have predicted tram the be ginning that the legal discrimination in in favor of the monogamous mormons cormons against the polygamists would sooner or later be attended with good results early in in the present year we thought we di discerned a disposition among the mormons cormons to give up the practice of polygamy and we wish to add that we have used our official and personal influence fl bence to induce the mormons cormons to take such a step early in june of the present year we were gratified to learn that a general movement for the abrogation of polygamy was taking an organized form the central committee of the peoples mormon party published a call in the newspapers news for mass meet ings of the legal voters to be held in in all the counties of the territory to select delegates to a convention to he be beldin held in salt lake city june 30 1887 for the purpose of adopting a state Cons titu tion and inviting all parties in in the territory to participate in those meetings the fhe other political parties in in the tel tein ri tory declined to participate m the move ment the convention with delegates from franj all or nearly all the counties in the territory met at thi the time and place besig bated and remained in ses session ion over a week during their session the commission received a communication from them requesting ua asto to take charge ot at the election for the adoption 11 oil 01 rejection of tile the proposed constitution conati ution by the legal voters at the general election to be held august the commission responded by disclaiming any express legal authority to take any official action in the premises but considering the fact as represented that said proposed constitution would contain a prohibition of tile the institution and practice of 0 polygamy as well as a prohibition of the union of church and state the suppression of polygamy being contemplated by the acts acis of congress under which the commission is is ac ing we expressed a will dingness to recommend to the judges of election that they might receive all the ballots which should be cast by the qua qualified lined voters on oil said proposition and decoite depo ite ahe same in separate boxes to be provided by the convention and to canvas and make return of the same to such authority as the convention should provide this recommendation was printed in in the form of a resolution and sent by the commission to the judges of election throughout the territory prefaced with the following preamble whereas the prohibition of polygamy is the paramount object ot of the special legislation of congress as applicable to utah we are of the that when the great bod of the legal voters of the territory manifest a disposition dispo stion tion to place themselves on record ecord against polygamy in an informal manner they ought to he be encouraged therein the object of the government being not to destroy but to reform the mormon 11 the convention concluded not to fur separate ballot boxes buttO but to xem ketyon on the judges of election or 8 some ome of them to count the votes and make return of the election on the adoption or rejection recaption of the proposed tion this was done in in nearly all the voting precincts and the result was for the constitution votes against the constitution votes jut ut few of the gentiles this proposition and of the negative votes probably about one half were cast by mormons cormons Mor mons the total tofal vote for members ers of the legislative assembly was about 16 of which the gentiles cast about 3 so it appears that abo about ut 95 per cent of the mormon voters cast their ballotti ballots for the constitution in this connection we wish to state that in in such suca action as the acm commission mission has taken in in regard to 10 the vote on this question we espre expressly aly disclaim any purpose of interfering in in the question of statehood for utah but certainly whether that territory shall be admitted early I 1 late ate or never a strong advanced advance i ed position is pained gained when the great mass of the people are induced either in a regular or informal and unusual manner to place themselves on record in opposition to polygamy the provisions of the proposed constitution sti ution oil of the stage of utah upon the question under consideration are the following section 3 lof of article I 1 I 1 hea shall be no union of church and state nor mor shall auy any church dominate the te state see sec 12 of art XV J bigamy and poleg amy ami being considered cons dered incompatible ahle with a republica f roof tach of them is lit airi r v forbidden and declared a auy any lio s mil violate this see section alou shall on convict n ta in beof be punished by a firle fine ot not more i aai one thousand dollars and for a term of not less than six in olits nor moro than three years in the discretion of the court th chii 0 section sec tin shall shad be cos construed trued as oper operative tive without the lid aid of legislation and the ses prohibited by this section shall shail not be barred by any statute a 01 i limitation within three years after the commission of the he offense eff ense nor shall the power of pardon extend thereto until sue suc ii 11 pardon shall be approved by the president of the united Sst tes art XVI amendments see sec 1 any amen dmn or to this cons i aution if agreed to by a majority of all the members elected to each of the two houses bouses of the legislature shall be entered f on their me respective sp e active journals journal t wath the yeas and nays taken n thereon and nd beeri greened ed 0 o the legislature then nex to be elected and and shall be published for three months next preceding tile the nine of ruch election and if in ill the legisla 1 L bic c t I 1 us aforesaid abores lid sueh such popo proposed ed amendment or amendments shall be agreed to by a majority of all aal the members elect d to each house then it shall be the duty of tho leila tuie to submit such proposed or ts to the demple in such m 9 W ic r and alid nt at such time as the legislature chali prescribe ad a d if the beope shall al prove and ratify v such amendment or amendments by a majority minority mijo rity of the qualified electors voline thereon sunti amendment or amendments shall become a part of the constitution provided j hat section vj of artice XV i hall not be amended i i vi t arii or HIT way changed until any aul revision siou or change ad proposed therein shall in addition to the requirements of the provisions provi of this article be reported to the congress of the united states slates and shall be by co gress gross up proved and ratified and such approval and ratification be proclaimed by the president ot at the united states and if not so ratified and proclaimed said section shall remain perpetual many of the gentiles Ger tiles in utah claim thai this anti polygamy movement among the mormons cormons is all a sham but we do not think so after careful and impartial investigation and consideration era tion our conclusion is that whatever may be their ju jno tives and whether they are arc influenced by choice or necessity the generality of the monogamous cormons mormons who are more than three fourths of the bof mormon man population have deliberately and wisely resolved that their highest earthly ince interests rests the prosperity and happiness of themselves and their posterity and the avoidance of the od um which attaches to them throughout the civilized world demand that polygamy shall bi bi abolished the cormons mormons have been led to believe that if the practice of polygamy shall actually anti and in good faith be abolished congress ditl no aurthar furth tr pursue them with hostile legislation and that their religious religions laich will not be the subject of irgal animadversion or discrimination if f the areni ss s s are granted namely the boert fid abrogation of polygamy their conc conclusion lusio 11 is imp impregnable g upon well settled pits ane and d precedents the supreme court of the united states has declared that laws are made for the government of actions aci ois aud while they cannot interfere with mere teli gios belief they may with congress cannot pass a law for the government of the terrt tern tones which shall prohibit libit the free exercise exe cise of religion re I 1 igdon the first amend went luent to the constitution expressly forbids such legislation religious freedom is guaranteed everywhere throughout tile the united stales States so far as congressional interference is concerned 8 otto 1451 Al madison says sententiously religion or the duty we owe to the creator is not within the province of ch cail il government ern ment Jeff jefferson ersoll says believing that religion is a matter which lies solely between man and his god and that he owes account to none other for his faith or his worship that the legislative powers of the government reach actions only and not opinions opinion sI I 1 contemplate with solemn reve reverence reDee khat hat act of the whole american people which declares that their legislature should jakeno make no law jaw g an establishment of religion or prohibiting the free exercise thereof 18 8 jeffersons work upon the passage of the act of march similar views were expressed by distinguished senators from vermont and kansas acting buon these fundamental |
