The Cheyenne daily leader. [volume] (Cheyenne, Wyo.) 1870-1884, 1879-01-08
POLYGAMY DOOMED.

a Mormon and contracted polygamous
marriages. He was tried for the offense
under laws passed by congress making
polygamy a crime, and found guilty.
The supreme court of the territory sus-
tanned the Judgment of the court be-
low. Then an appeal was taken to the
United States supreme court, which,
happily, resulted in sustaining the
courts of Utah territory.
The issue made by the Mormons con-
tanned two points: ~ that congress
has no constitutional power to pass
laws binding the persons of citizens of
territories; (2) that congress has no
constitutional authority to pass laws
prohibiting polygamy, because it con-
flicts with the first amendment to the
constitution, which says: "CongIess
shall make no law respecting an estab-
lishment of religion, OF prohibiting the
free exercise thereof" and polygamy is
a part of the Mormon religion. 4t88
To persons of legal education these
poAheS QUILL hob ohhJ uutcAhDhc but
frivolous. But they afforded the only
hope Of success to the forlorn cause Of
polygamy and betterstruggle with them
for a time than sink Immediately with
out them. Thus the bosses of the harem
have been enabled to fight off a conclu-
sion for several years, but the crack of
doom is heard at last. But to the
points: Section 8 Of article ". of the
United States constitution declares
that congress shall have power to dis
pose of and make all needful rules and
regulations respecting the territory. or
other property, belonging to the United
States" Ownership Of territory by
the government implies the right to
govern it; and the right to govern inn
plies the right to make all needful
rules and regulations for that purpose.
But the authors of the constitution no
doubt thought to make the matter
clear by affirming these principles of
law. And the right in this case clear
ly involves the duty to pass necessary
rules and regulations for the well being
Of the territory until, by the increase
Of population, states are formed, which
then have exclusive jurisdiction in the
premises. Nc argument is needed to
prove the debasing and demoralizing
tendencies of polygamy. All civilized
peoples, outside Of Mormondom, con-
cede that 1t is a foul stain on civiliza-
tion, and should therefore be suppress
ed. Hence the necessity Of the laws
passed by congress; and it is assuring
to know that they are constitutional as
they are just.
The second point would seem at first
thought to contain some force. But
like its predecessor it must succumb
before the whitening simeon of logic
and fact. While the constitution is
clear in prohibiting congress from in
terfering in the free exercise of reli-
gion, it does not prohibit it from legis-
lating against that which is not reli-
gion. Therefore, any forms or prac-
tices deleterious to the well being of
society, the foundation Of all govern
ment, which are hidden under the
cloak Of religion, may be dragged forth
and exterminated. In the United
States, religion is free; speech is free;
human action is free; but each has its
limit. When any one exceeds its
bounds and interferes with the good of
the government, or of the people, or of
an Individual, it ceases to be freedom
and merges into crime. There can be
no law made against the Mormon reli-
gion itself, for it transgresses not on
society. But its polygamous super
structure does, and it therefore is amen
able to restrictive laws. Crime is not
free. And by the standard of civiliza-
ton polygamy is crime.
If polygamy were safe in the protect
ing folds of the constitution quoted,
there would be no power in our govern
ment to prevent human sacrifices to
wooden images; or stop the a of Jug
gernaut from crushing PROSTATE devo-
tees; or restrain fanatical mothers from
casting their young into some fancied
sacred stream; or punish fakirism with
its sickening contortions of the MEM
beers of the order; or t%hugism-in short
any Of the scores of practices which are
followed elsewhere under the nam of
religion. But congress has power to
prevent any or all these because they
are not religions. Neither is polyga-
my.
This disgusting feature of Mormon
ism is not coeval with the discovery (?)
of the tablets which gave rise to the re-
ligion of the latter day saints. Nor
monism grew before the incorporation
of sanctifed RIGHTEOUSNESS, and it seems
that polygamy was adopted only as a
means of increasing the membership of
the church, while at the same time it
gratified the la~scivious natures Of men
who were such consummate imposters.
1t is therefore plain that polygamy is
not truly a part Of the genuine Mormon
religion, even if it were not wrong in
its practices. And indeed, there are
members in the church to-day who,
neither believing o practicing this
vileness, long for the day when their
views shall be sustained in fact as well |
as law.
The LEADER too, patiently awaits
the execution of the benefcent laws
which have just been sustained by the