National Republican. (Washington City (D.C.)) 1872-1888, 1874-04-07
THE UTAH DELEGATE.
ARGUMENT SHOWING THAT Pc
LPGAMY Is NOT MEXICAN.

CLAIM PROTECTION OF MEXICAN Laws
PoLYGAMY NOT AUTHORIZED BY AEAi
CANLAws.
The following is the brief of an argumen
made before the House Committee on Election
ppon the Mexican point in the contested cleo
tiop case of Maxwell VS.. Cannon:
In justification of the practice of polygamy
two things are presumptuously claimed by tn
Mormons and some of their apologists and de
Tenders, under the treaty Of Guadalupe Hidslgo
as follows:
First. They say this treaty with Mexico
made and ratified on the S0th day of May, A
D. Is4S, secured to the Mormons, under tn
Mexican colonization law, Mexican citizenship
and second, that when the Mormons entereC
the Territory of Utah, polygamy exis ted as
part Of their religion, and, therefore, us Ptae
tice was secured to them under salo treaty
because Il was a part of their religious iath.
1t viii be remembered that the Mormorn'
having resided as people in the United statei
Of America for many years, tney, unuer tne
lead of Brigham Young, entered ureat gal!
Lake Valley, near the present locality OF Sall
Lake City, on the sth Gay o. S s, a. ,;th i9 thl
FAC of the United States, which they unfurled
on Ensign Peak, as token Of their citizenship
and of their allegiance to, and claiming, as
they did at thkt time, the protection of the
Government Of the Uniled States against
Mexico and all the world.
1t VIII also be remembered that at and be-
fore that time, the United States and Mexico
were at war with each other, and that Brig
ham Young and his Mormon confederstes, on
their own request, correspondence attached, had
been permitted to furnish an entire battalion
of Mormon soldiers to the United States army
for the Mexican war, and that this battalion was
ut and before this time, in the field Of opera
tions against Mexico, and so remained until
the close of the war. This fact has been paraded
by Brigham Young and the Mormon priests
before the public, on almost all public occasions
from that time to this. And it Is q well authen.
ticated fact, that the first instsllment due from
the United States to this Mormon battalion,
amounting to about twenty thousand dollars,
went into the hands of Brigham Young, with
which he was enabled to emigrate to what is
now termed the Territory of Utah. The United
States carried out its contract, accepted the
battalion, paid the money to emigrate the
Mormons; as part of the occupying force, to
take q part of Mexican soil.
It istrue, that this Territory was then claimed
by Mexico to be part of the domain OF the
Mexican Republic. But it is also true that the
same, at and before that time, was in the un-
disturbed possession of the United States, and
that the United States claimed that the bound
of what is now called the Territory OF New
Mexico; for here was the initial point for the mill
tary action of our army against Mexico.
From this short review of facts, it is seen
that said claim is utterly baseless.
Had the Mormons entered Utah Territory
with the intention of becoming Mexican citi-
zens under the Mexican colonization law, and
had they unfurled the Mexican flag instead of
United States flag, with the declaration that
they absolved themselves from all allegiance to
the United States, and thereby Joined their
fortunes to the Mexican republic, there would
be some plsusibility to the said brazen assump-
ton. But such, as has been shown, was not
the fact. 1t is a MISUNDERSTOOD principle that
neither a person nor colony Of persons can
become citizens of foreign government by
the mere act eff entering and settling upon its
domain. However accommodating the Next
can colonization law may have been, 1t did not
in such a summary and loose manner transform
United States or other foreign citizens into Mex
lean citizens, and especially against their will
and declared intention, and warlike actions.
Such q transition or transplanting requires the
exercise of purpose to that effect, end also
some legal public act of recognition, under the
forms of law, on the part of the Government,
adopting them as citizens. No fact has been
made public by Brigham Young and his Nor
mon followers than that they entered Utah as
loyal citizens of the United States under the
boast on al public occasions. But let US look
at the Mexican colonization law, and see if this
claim has q foundation in fact.
By the decree of the Government of the Mex
lean Republic, issued on the 18th of August,
1924, it was ordained as follows:
l. 1.-THE Mexican nation offers to foreigners,
who wish to establish themselves in her terri
tory security for their persons and property, in
80 far as they conform TO the laws Of the coun-
try" (See Civil Law of Spain and Mexico,
Appendix V, sec. 2.
Bv the rules of naturalization, It is ordained:
l. every foreigner who has resided within
the limits of the United States of Mexico for
the space of two continuous years may demand
letters Of naturalization, according to the rules
laid down in this law.
2. ITO obtain them he must present himself
70 the district or circuit judge nearest his place
Of residence, after citation and appearance of
the promoter fiscal OF the circuit court of the
Syndic of AyIiHtinIs1Ito in the district court;
after proving, first, that he belongs to the 10
man Apostolic Catholic Chuch by witnesses
o. certificate of the baptism in due form; Sc
condly, that he has some trade, profession, OF
income sufficient for his maintenance, TO be
proved by witnesses, who must explain the ma
ture of such trade, profession or income.
8. "Whosoever wishes to to be naturalized
must also present, one year beforehand, petit
ton, in writing, to the AytIHtimie'lto of
the place where be resides, explain
ing his intention Of establishing himself
in the country. Proof of such dec
lsration must accompany the documents spoken
of in the preceding article.
4. "With these documents he must present
himself to the Governor of the State or princi-
pal political chief of the district or Territories
OF the federation, requesting letters of natural
sE4aG Efbe DetitoD must contain an express 5
II. 49,
every foreign nation or eoverpment, aid es-
pecialIy OF that to which be Belonged 2. He
;au-t also fe66uhce every title, order of knight
hood or favor received from such government.
8. He must swear that he will support the
Constitution, the constitutive act, and the gen.
eral laws of the United States of Mexico"
ID. every e7npresariO who comes for the
purpose Of colonization, and who effects 1t in
conformity to the general law of the special
law Of some State, acquires the right TO ask
for letters of naturalization, which shall be
granted upon his swearing due obedience to the
Contribution and laws"
IA. "Colonists who come for the purpose of
coloniZing the lands susceptible Of colonization
shall be considered naturslized after the lapse |
of q year from their settlement.
II. Letters Of naturalization will not be
granted to Citizens or subjects Of nation with
which the United States of Mexico are at war"
(See Rules of Naturalization, Schmidt's Civil
Lay of Spain and Mexico, Appendix WI
Here is the proof that neither by :he said
treaty of peace, hereinafter quoted, or the law
and rules of naturalization, above quoted,
we're the Mormons invested with Mexican citi-
zenship, as it has been impudently asserted;
for tftre are two SUFFICIENT spd insurmQQutable
Tsag6hs that prevent their becoming Mexican
citizens under the Mexican law; first they did not
ssttle in Utah with the intent of becoming Mexi-
can citizens, or Of residing under and submitting
Mexican institutions and lave; SECOND, as
people and as citizens, they were from the
United States of America, with which Govern
mept the Mexican Government was at war.
Nor is it true that "polygamy lat the time
the Mormons entered the Territory existed as
part Of their religion" nor was i" its existence
permitted under Mexican authority" It is
well known that, at that time, as now, the
Mexican Republic, judicially considered or in
fits civil polity, was under the civil law. By
this law polygamy or bigamy was denounced
as a crime, as follows: "Biganists are punish
able with two hundred stripes and ten years
condemnation to tie gaLliss.' q. 8, Tit. 20,
Lib. 8, Rec. See also Johnson's Civil Law Of
Spain, Book 2, Title 20, page 269.) By the
Statutes of Mexico 1t was q felony; and punish
able as under the civil law of Spain, above
quoted.
In this connection it must be remembered
that the religion of Mexico was, In the Ian
guage Of its statute, that Of the "Roman Apos-