Washington standard. [volume] (Olympia, Wash. Territory) 1860-1921, 1879-01-25
INDICATED

There has, probably, no one thing
ever transpired in the history of our
Government which tends more to
sustain the dignity and refec! the
majesty of our laws than the late
opinion of Judge Waite, rendered in
the United States Supreme Court at
Washington, relative to the case Of
George reynolds, charged with big
amy. The document is q remark
able one, and should be read by every
citizen of our country who would
duly understand several fine points
of common law, as they are related to
the so-called religious liberty of ac-
countable beings. The full text Of
the decision has been quite freely
published in the newspapers and
is worthy of preservation in every
household. Chief Justice Waite
starts out by an elaborate considera-
ton of the question as to whether
religious belief, only as such. can be
accepted as justification of an overt
act made criminal by the law of the
land. The learned jurist insists that
it is not necessary toinquire whether
or not Congress has powerto prescribe
criminal laws for the Territories
but only to decide as to the guilt of
one who knowingly violates a law
which has been properly enacted by
the representatives of the people, he
merely entertaining q belief that
such law is religiously wrong. All
who understand the Constitution
will readily call to mind that Con-
gress cannot pass law for the Ter
ritories which shall, in any manner,
prohibit the free exercise of religion.
One principle alone fixes and settles
the whole matter, viz: all true de-
mocratic legislation, in the broad
sense, has reference to the acts of
men and not to their belief. It is
not what he believes, that acts and re-
acts upon the members of Society.
To ascertain the true acceptation of
the term religious LIBERTY" re-
course is had to an act introduced
into the Virginia house of delegates
in ITS, wherein it is stated that,
"To suffer the civil magistrate to
intrude his power into the field of
opinion, and to restrain the profess
sion or propagation of principles on
the supposition of their i'll tendency,
is q dangerous fallacy which at once
destroys all religious liberty" and
also, That it is time enough for
the rightful purposes of civil govern
ment, for its officers to interfere when
the principles break out into overt
acts against. peace and good order. 3"
1t was shown that Madison aud JEFF
ferson adopted this principle as n
rule of action. From the inception
of our Government, there has never
been time when, in any State of
the Union, polygamy has not been
an offence against society. In most
civilized countries, marriage is q
civil contract, whose details are fixed
by law; and, moreover, history at
tests the fact that monogamy is
the only form of marriage upon
which has been reared the most en-
lightened and perfect types OF socie-
ty. If a man be allowed to evade
the law because he religiously be-
lieves it is right for him to have n
plurality of wives, then his neighbor
may evade the laws Of the land and
practice the rite of human sacrifice,
simply because he religiously be-
lieves such an assumed form of wor :
ship is pleasing in the sight of God;
and a widow may be allowed to burn
herself upon the funeral pile of her
dead husband for a similar reason.
Finally, men may believe what they
choose but they are accountable for
their actions.
The people are asking us what was
done at the railroad meeting on
Monday evening. If the company
desire to properly inform the public
on this subject, they have only to
furnish us copy of the proceedings.
We ask no more, and it would seem
that they could do no less, than
comply with the wishes of the COM
munity who have made them what