Lewiston teller. [volume] (Lewiston, North Idaho) 1878-1900, 1879-02-07
THE blow AT MORMONIsM.

THE blow AT MOHMONlSM. .
Full Text Of the Recent Decision o
the Supreme Court Of the Unite,
States.
Chief Justice Waite: The question
raised is, whether religious belief can b,
accepted e justification Of an overt ac
made criminal by the law Of the land
The inquiry is not as to the power o.
Congress to prescribe criminal laws 70,
the territories, but Is to the guilt Of one
who knowingly violates a law which
has teen properly enacted, he enter.
timing ; religious belief that the law
is wrong. Congress cannot pass Law
for the government Of the territories
which shall prohibit the free exercise
of religion The first amendment to
the constitution expressly forbids such
legislation. Religious freedom is guar
antssd everywhere throughout the do.
minion of the United States. SO far as
congressional interference is concerned.
Tho question to be determined is.
whether the law now under considera.
ton comes within this prohibition. The
word religion" is not defined 10 the
constitution. We must 70 elsewhere,
therefore, to ascertain its meaning; and
nowhere more appropriately. VIC think,
than to the history Of the times in the
midst of which the provision was
adopted. The precise point Of inquiry
is, what is the religious freedom that
has been guaranteed? In the preamble
Of the act introduced in the Virginia
house of delegates by jefferson in 1875,
sRELI0IOus FREEDOM
is defined, and after reciting .sthat to
suffer the civil magistrate to intrude his
power into the field Of opinios, and to
restrain the profession or propagation
Of principles on the supposition Of their
i'll tendency, is dangerous failacy
which at once destroys all religious
liberty" Il is declared that il is
time enough for the righttul purposes
Of civil government for its officers to
Interfere when the principles break out
into overtsacts against peace and good
order" In these two sentences is found
the true distinction between what prop
arly belongs to the church and what to
the state. In little more than year
after the passage of this statute the
convention met which prepared the
consultation Of the United States. Five
ofathe states, while adopting the con-
stitution, proposed amendments. Three
New Hampshire, New York and Vir.
giaia--inelsded, 10 one form or another.
. declaration Of religious freedom 10
changes they desired to have made, as
did also North Carolina, where the con.
venticn at irst declined to ratify the
constitution until the proposed amend.
ments we're acted upon. Accordingly,
at the first session Of the first congress
an amendment was under consideration
IL was proposed, with others, BY Mr..
Madison. 1t met the views Of the ad.
vocates Of religious freedom and was
adopted.
afterward, in reply to an address to him
BY committee Of the Danbury Baptist
Association, took occasion to say: "Be.
Iieving with you that religion is q mat
ter which lies solely between man and
his God, that be owes account to none
other for his faith or his worship, that
the lsgislatiye powers Of government
reach actions only, and not opinions,
| contemplate with sovereign reverence
that act Of the whole American people
which declared that their Legislature
make no law respecting the establish.
ment Of religion or prohibiting the free
exercise thereof, thus building wall
OF separation between church and state.
Adhcriug to the expression Of the SUI
prense will Of the nation Ia behalf Of
the rights Of conscience, l shall see
With sincere satisfaction the progress of
hoae sediments which tend to restore
man toAl hisnatpral rights ia opposi.
tion % his social duties" Coming as
this does from IN acknowledged leader
Of the advocates ofthe measure, it may
b aocsptsd almest ~ a. authoritative
declaration Of the scope and effect OF
the amendment thus secured. Congress
was deprived Of All legislative power
over more opinion, but was left free to
reach sctioas which were 10 violation of
social duties or subversive Of good order.
From that day to this We think il may
safely be said, there never has been q
time, in any state in the Uaion, when
polygamy has not been
> u An sOTRENsE AGAINST SOCIETY,
cognisable by the civil courts and pun
ishabls with more or less severity. In
the face Of al this evidence it Is impos-
sible to believe that the constitutional
guarantee Of religious freedom was iu.
tended to prohibit legislation 10 respect
TO this most important element in social
life--marriage; while from it's very ma.
ture the sacred obligation is. neverthe.
less, in most civilised nations, q civil
contract, and usually regulated by law
Upon il society may be said to be built,