New-York tribune., 1871-12-16

inc nau0n ana thaS noS6S the ono nor tho oner can
evnde the application Of the plunbine by which the
acts Of selfish Non and tho results Of unworthy meas
ures shall rendered apparent and accord
ing to their deserts.
PoIysamy then 10 the offence and should be made the
object Of attack Notoriousy has existed ever since
the Morrnons to Utah. and there is lack Of test
mony in support OF the assertion that It was fixed
principle of the Mormon faith a. early q ls4s Yet the
remark your correspondent that the law under which
Hawkins was convicted and Brigham Young indicted
never intended to punish polygsmy. but aimed
ut totally dert ofense, is met with the rejonder
that this assumption unsustained and unsustain
able bva particle Of proof" In the Of Brigham
Young. In refusng the motion to quash the Indictment
Judge McKean remarked that tho Supreme Court OF
California has well said that the Courts bound to
take notice OF the political and social condition Of the
country which they judicially rule" To learn
that polygamy Q fixed fact long before
the passage Of the act alluded to would not add mater
ally to the labors Of the Court which would thus seek
the perfect discharge Of that bounden duty i'm
posed upon It by the adoption of the language quoted
single hour devoted to the study Of "the political and
social condition" Of the people whose oenses he has
determined to punish legally or Illegally, would con-
vince Judge McKeans unwilling mind that no as
sumption s clearly susceptible Of proof than that
polygsmy generally pracced In 1885,? when Brig
ham Young poygamist and his pOlygamous LeRlsia-
tive Assembly passed the act to punish the crime OF
adultery and sscvious connection, 1t is to-day NO
other assumption than this is sustanabe by particle
Of proof because other s consistent with the facts
the Judge had sought to administer law in the spirit
and intent of the lawmakers he would have sought evil
dence as that "intent," which, to the mind OF the
sound jurst, governs the deed" He would not have
rested with the evidence Of obscure Mormon
publications. which, with characteristic Mormon ncon.
ssency denounced the practice Of poygamy long after
1t became leading dogma Of the church, but would have
employed the at his command to reduce to tang-
BILE form. the facts Of history Let me briefly review
those facts.
On the day Of the first session Of the LrRsa-
tive Assembly of Utah. joint session. Act passed
under the title OF Crimes and Their Punishments" two
sections Of which, under the subtitle OF "Offenses
Against Chastity, Morality and Dccency" were as fol-
lows:
Sec. g. Every person who commits tho crime Of adu
terry shall be punished by imprisonment not exceeding
20 years and not less than three years. by fine not ex
imprisonment at the discretion Of the Court Aud when
the crime committed between parties any Of whom
sbea & n% Adultery be
commenced but the complaint Of the husband or wife
each other iewdy and ascivonsIy associate cohait
s s nd q
makes any open and indecent or obsce exposure OF his
son offending shall he punished by Imprisonment not
than OO0 and not less than $780, or botn at
the discretion Of the court.
Tie members OF the Legislative Assembly at the time
of passing this act, were as follows: Counei-Heber C.
Kimball willard Richards, Daniel II. Wells, Orson
Spencer John g. Fulner Charles r. Dana, Loren Farr
Alex. Williams Aaron Johnson Isaac Morley, George A.
Smith, Edward Hunter, Orson Pratt. House-wford
Woodruff, David Fullmer, Daniel Spencer, John Brown,
Willard Snow, Albert p lockwood, Edwin ID. Woolley,
Phineas Richards, Joseph Young, Henry e. Sherwood,
Benj F. johnson, Hosea Stout, Andrew l.. LnoreauS,
James Brown David B. Ollie. John Rowbcrry, David
Evans, william Miller. Levi w. Hancock. Charles shum
IIiatnE Eax Hnnn RrnI nsil
Nathaniel Fl. Felt, John StOkcr. James q. Browning
Now Il IL fact known to every citizen Of tho period.
and denied by none that every Of the 3 members OF
the Council was at the time OF the passage OF the act
from which have quoted, In the possession OF more
than wife that Ofthe 26 members OF the House only
the three last named were at that date nonpoyganists
and even these three have since become polygimlsts
One Of hem Nathaniel H. Felt, took second wife dur
Ing the life time Of the first only one year later than the
period Of which write. The minutes OF the session
show that the bill reported by Daniel II. Wells, now
one OF the First Presidency" OF the Mormon Church,
ying-on the 18th Of February. 1919; and that "ioru
Woodruff who has been the fortunate possessor OF Six
wives although blessed with but three. moved Its
passage On the 9th OF March, 1s52, the signature of
brigham Young-then the husband OF eight wiv's-
Governor OF the Territory by appointment OF Mlarl
Fillmore and confirmation by the U. D. Senate was
affixed, and the bill became a law.
Aside from these universally admitted facts. the po-
the prominent Mormons whose names | have given is
publicy atesed hy the then Territorial Secretary ar-
ris and Judges Brandenburg and Brocbers together with
all the anti Mormon writer's OF the period oter EVIL
dence-which any Court desiring to take notice OF the
pltlcal and social condition OF the country over which
it sits in Judgment conld hardly remain in ignorance of
is found in the swOrn.testimony or Drsuenoha fair'
who on June H. 1862 made oath before James Jack No
fairy Public that she was married to Joseph Smith by
Brigham Young IN July, lsi3 Smiths first witc Ehiiha'
and IIeber C. Kimbal being presenat the time. Iiar.
rct Cook swcars that Nov O. 1S43 Fanny Murray was
married to Joseph Smith by Brigham Young, IN her
a. well In the presence Of Mary Ann Young,
Brgham's first wife. Elizabeth b. Pratt also swears
that she was "mried sealed for time and all cter-
nifty" TO Farley r. Pratt by Hyrum Smith, brother or
Joseph in the presence Of Mary Ann Young aforesaid,
and Pratts first wife, Mary Ann, the 2d day OF No
vcmber, ls43. Thomas Grover, who now resides at
Pennington 1s miles north Of salt Lake City. swears
that In the month Of August lsi3 he was married or
sealed by Hyrum Smith, by order Of President Joseph
Smith, TO Caroline Whiting and Caroline +. Hubbard.
according to the principle and romInandinenG coi-
tanned in the Revelation or Celestial Marriage,
given July y, ls43" Loyina Walker, the eldest
daughter of Hyrum Smith, brother OF the
Prophet Joseph, who was born Sept 10, 1921 anu now
resides at Pennington, Utah. stcs that while she was
living with her aunt Emma Smith. the Prophets first
wife IN Fulton City, Illinois, Ia the year 1885, the said
Emma stated that she present and witnessed the
marrying or sealing OF Eliza Partridge Emily Partridge
Marah Lawrence and Sarah Lawrence TO her husband,
Joseph Smith, and that she, the said Emma gave her
consent thereto. The Emily Partridge mentioned, s now
the wife of brigham Young and has been since 1876 The
Iayrcnces are sisters Of Henry w. Lawrence-a proi
pent merchant aud dlsaected Mormon-and now reside
In Utah.
william Clayton declares that Joseph Smith received
tho " revelation commanding plural marriage on the
18th day Of July 1ssnine years before the Utah Legs
Iature passed the act against lascvious oonduc-and
that he wrote IL down from Smiths lips The practice