The Elko independent. [volume] (Elko, Nev.) 1869-1872, 1870-04-09
THE ELKO INDEPENDENT.
sATURDAY.. APRIL z. IsIo.
NJ Cullom Mn.

The Constitution of tbs United States, perussd
ea1h1section carefully by itself. and ,deliber-
stsly resolved u draw up bill which should
violate he. most important provisions con-
t.iSsdih It. they would have gotten up just
taeh an enactment as that presented for the
Suppression Of the Mormons. A more afro
cious pleasure was never eonoocted in Ameri-
q. From beginning 20 end, Il is Q series Of
fragrant violations Of the principles Of q free
and republican government.
We care nothing for the Mormons as a reli-
sious sect. In that regard they must stand
upon their own merits. in company with
thousand other denoAinational bodies; but
we do still have some some RESPECT for the Consti-
tutionai guarantees Which, cSmppocssae the an
cient Bill of Rights, which has served as
platform for our fathers for centuries; which
they fought for and maintained from genera
ton to generation. in the Old Country and the
New, without which there is nothing to dis
thgdish this Government from that concen-
trated power personifed in Louis Napoleon
in 1870, or the Long Parliament Of England
ii Crohiwell's time. When those natural,
self-evident, persona! privileges secured by the
Bill Of Rights are deliberately laughed at,
and disyegarded in framing amy law, to &C
complish any OBJECT, no matter how unpopu-
lar to-dky, there is Substantially no difference
between that enactment and the pronuncia-
msnto of Mexican brigand.
We have no room in this article to enumer-
ate the infractions of the Constitution BRO
posed by this cullom bilr.: They Are ininniui.:
nerable. They grow upon the reader of the
bill as he advances. Starting up out of the
rubbish from section to section like bats and
birds of evil omen around the head Of an in
tuder wkhdering among the, ruins Of some
crumbling church. The bill is sweeping
et posi- Jacto law, Furnishing with the severest
penalties that which was no offense when
Committed. There was no Law. against polyg-
amy in Utah until 1862. Most Of those
marriages were consummated long before:
Il Is thse, first instance in the history Of
American legislation which makes simple
6disf tfRe subject q penalty; as though any
man Had the power to change his belief to
suit the disposition of the times. Beliefs
with Congressman HAY be very unisSubstantial
things, subject to change with every wind OF
interest; but those whom Lincoln called 1.-THE
plain people" are sometimes troubled with
Convictions more ungovernable and enduring.
Most of the members of Congress Secured
their seats by remarkable felibility of be-
lief, but they will find it difficult to legislate
the belief Of religious fanatic of any denom-
nation out Of existence.
As an Instance of the silly rage Of this bill
take the following:
SIC. 49,, And be It further enacted That
Sny man in SAID Territory, Who shall after
this act goes into effect, live Of. cohabit with
one woman or, mpte, other than his lawful
wife, as his wife or wives, shall be adjudged
guilty of the crime Of concubinage, and upon
conviction thereof, shall be punished by fine
not exceeding one thousand dollars, and 10y
imprisonment in the penitentiary at hard la
Dor, not exceeding five years, and in all pros.
equtions for the violation of this section the
alleged concubines of the accused shall be
competent witnesses to establish or dsproye
the charge.
Suppose that law was extended to the State
Of Nevada! All the revenue of the State
would have to Be devoted to building jails to
bold the prisoners; the Co5rmristock ledge would
be exhausted to pay the fines of its owners
Morally, that which is crime in Utah il
equally d crime In Nevada or Massachusetts,
and IL the General Government is to legislate
ON this subject in one locality it should in the
other. If Washington were subjected 70 the
operation of this law for Utah. II would ami.
hilate Congress and depoPulate the city.
What If the following section were enforced
hi over the Union:
SEC. 10. And be il further enacted, Thai
no alien living in or practicing bigamy, potyg.
hmy, or concubinnge, shall be admitted 10 cit.
tzSnship OF the United States; nor shall any
pefsoh liye in or practice bigamy polygamy,
Or corSdbiiipage. hold any Office Of trust OF
profit in said Territory, vote at any election
therein, or be entitled to the benefits of the
homestead or redemption laws of the United
States, and the District Courts of said Terri.
tory are hereby Authorized to issue writs OF
quo udrrdnto on the information of the Dis
trict Attorney or other person interested, Il
test the right OF any one dischargng the du.
ties Of or claiming the right to any Office OF
said Territory; and the judges OF elections arc
hereby authorized TO examine under oath ali
Petsons who may offer to vote as ID theil
qualifications and right so to do, and al, per
sons appointed or elected TO oifce in said Ter
ritory, before e1tering upon the duties of said
office, and before being entitled to any salary
or other emolurnepts thereof, shall take and
subscribe one Of Me following oaths or afiir,
nations, to-wit, &c. &c,--including the oath
THAT am not living in or prsctcing bigamy,
polygamy, or concubinage; and will not herc1f
Ter live In or practice the same"
The foregoing is only a slight sample Of q