Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-02-27
THE RUTLAND HERALD.
THURSDAY, FEBRUARY 81, 1878.
Tie Norm on bubble.

Mormon problem. The PRESIDENT mas,
a both cases. communicated his views to |
,bot bodv and requested immediate ac- |
ton thereon. In both cases, serious |
complications are threatened, and armed |
disturbances are feared, unless prompt |
and we'll considered legislation inter
yenes. The case of Louisiana, perhaps, |
Is the most difficult to reach and the
most hopeless of satisfactory solution,
from the almost inextricable confusion |
of the whole matter and the intricate |
questions Of constitutional and statute |
law involved. We have, recently, taken
occasion 10 refer to this Louisiana sub
iect, somewhat at length, and it is not
necessary to consider it again. While |
the Mormon problem, unless it is quick
ly solved, may loom up in dangerous ana |
portentious proportions and will, pos
sibly, involve the country in armed re-
slstance to its authorities and probable
conflict between the United States and |
territorial authorities, yet it seems to us
that it is but mere bubble, only requir
ing a pricking to burst it. In other
words, that the whole matter is simple
and easy of solution. The main difficulty,
IS it now exists, grew out of the prose-
cution of Brigham Young and others,
for polygamy, and the action of United
States Judge Mexican, thereon. 1t is
unnecessary to refer to these prosecu-
lions any further than to say that the in
dictments were founded on a territorial
law. to which we shall presently allude,
and that the convictions were, subse-
quently, set aside by the United States
Supreme Court. There is, also, another
matter that enters into the difficulty and
that is the Jurors, for the trial Of all
cases whether in United States or terri
torial courts, are required to be selected
in the manner prescribed by the terri
torial Legislature. The basis and origin
of all these difficulties is, of course,
polygamy. We already have law on
the statute book, passed in 1862, and APP
proved by President Lincoln, for the
punishment and ''to prevent the prac-
tice of polygamy in the territories of the
United States" This law applies as
we'll to Utah as to all the other terri
tories, and furnishes full and ample pro-
visions for the suppression and punish
ment of the practice, if it was properly
enforced. The trouble has been that
there has been no attempt made to en-
forcs it. All the prosecutions have been
under territorial law, enacted in 1852,
which, In Its language, might and, prob
ably does cover the case. But no judge,
or other person, possessing reasoning
faculties, could so construe it, when the
facts in reference to lis passage are con-
sidered. The Legislature which passed
the bill or law, was Mormon Legisla-
ture, every member believing, or pro-
Tossing to believe In polygamy. Every
member Of the upper House or Council
was the husband of more than one wife,
while all but three of the lower House
was In the same condition. The bill be-
came law by the approval of Brigham
Young, then, as now, Governor of the
Territory, and, at the time he affixed his
signature, the possessor of eight wives.
That bill has been, ever since 1859, and
now is, the law of the territory. Does
any sane person, for moment even,
think that these men voted themselves
criminals, and subject to ten years i'm
prisonment The very idea is absurd
on its face. They recognized plural
wives as legal wives, and their intent and
act was to punish something outside of
that Now the United States authorities
for Utah, instead of basing their prose
cutions on the United States statute, in
reference to the construction of which
there Is and can be no doubt, proceed
upon Mormon statute-passed for an
entirely different purpose; and when, by
forced construction of that statute,
and with jury not drawn in accordance
with law, a conviction is obtained, il is
of course, properly set aside. With the
already existing statutes and simple
change made in the mode of the selec-
ting of jurors, the whole question, it
seems to us, can be met and disposed of
with ease. Senator Logan, who passed
portion of the past summer in an ex-
tended tour throughout the territories,
and especially in Utah, has prepared,
and introduced into the Senate, very
simple bill 'to promote public justice in
the several territories of the United
States which extends to all territories
alike and will, if adopted, meet all the
difficulties of the case. 1t provides for
the selection of jurors by United States
officers, and makes the attorney and
marshal of the United States the proper
officers of the courts in all prosecutions
for violations of national or territorial
laws, The effect will be only to place
Utah in the same position with the other
territories, and in the position that terri
tories, with the exception of Utah, have
always sustained. 1t, in effect, if we
understand it correctly, enacts no new
law, but makes existing laws applicable
to Utah. OF this. she has no right to
complain. Congress has the right and
power, under the constitution, to make
laws for the territories. This has already
been done. The only remaining duty
for them is to provide measures for their
enforcement. This is simple and easy.
Let them do this, and we think General
Grant will very readily and speedily find
officers to prick the Mormon bubble and
finally rid us of this 'twin relic" in an
organized form.
CREDIT MoBulER TESTIMONY
connection with the debate on the reso-