National Republican. (Washington City (D.C.)) 1872-1888, 1880-01-28


Congress has recognized the Mormon re-
ligion by giving that Territory Govern
ment charter in which polygamy is not
prohibited. This has given strength to the
Mormon position, and renders any supple
mental action on its part against the forms,
ordinances and practices of the Mormon
religion futile, for they existed when the
Territory of Utah wOsETeated. 1t now has
Representative in Congress the same rs
other Territories in which polygomy does
not exist The most serious difficulty at
tending this question resides in the Const-
tuition of the United States, which declares
that
Congress shall make no law respecting an
establishment Of religion or prohibiting the Tree
exercise thereof.
This appears to be plain, explicit and
conclusive, and it is upon this bulwark
that the Mormons, who are religious sect,
rely for their defense-and this intrench-
ment seems to be insurmountable until 1t
shall be removed This subject has been
treated with much caudor and force by the
Rev. BALLARD S. DUNN, of the Protestant
Episcopal church. in series of letters
which appeared first in the Chicago Tribune
in 1877, and which have since been issued
in pamphlet form. These papers discuss
this problem in an exceedingly candid and
sensible manner, and aim to show, and do
to our mind show, the difficulties that at
tend it and the way out of the Difficult ty.
He proposes that the Constitution of the
! ID, 1,a T,ll
Congress shall make no law abndgng the free
dom Of speech or the press or the right of the peo-
| pie peaCeuby to assemble, and to petition the Gov
! eminent for redress of grievances or respecting
an establishment of religion or the free exercise
| thereof: but Congress shall have power by appro-
pirate legislation to prohibit any individual sect
| or community the practice of pOlygamy, pol.
! yaudry promiscuity and every form OF crime at
tempted In the name of religion
The proposed amendment applies equally
to all the forms of religion known as
Church Familism," Marriage Reform,
Progress &c. which are flooding the coun-
try, and which are regarded with as much
aversion as Mormonism itself 1t would
confer upon Congress the full power TO
frame National law that would eilectually
reach every form of vice now practiced
with impunity in the sacred name of re-
/
the nature Of persecution, for it would be
neither special nor class legislation"
but would be universal, and in the interest
of good morals throughout the country.
1t would disarm the Mormon Of his plea of
specially, for he would be treated precisely
as are the remaining portion Of the people
of the United States. Then there would
be no persecution of any peculiar class or
sect, and if the Mormons violate Consti-
tutional law they must submit to be tried
and punished as common criminals are
tried and punished.
OF course, under such a law, the past
would be covered with immunity, or at
most the poygamist could be punished
sufficiently by being required to live with
and to provide for his plurality of wives
and their progeny during the remainder Of
his natural life, with no power to make
other disposition of his property than an
equal division among his wives and chill
dren. Willie this condition of things
would not be unmiXed with evil, it would
be far less evil than to abandon thC
women of that sect to prostitution and the
consequent disgrace of illegiHmacy for theil
offspring. To say the least of it, such a
law would check this relic of barbarisn
where it is overtalen by constitutional en-
actment, and though it might not BIZ
, speedily eliminated from our Nationa
character, its spread would be stayed and
its ultimate end assured. Under the con
stitution of 1898 it enjoys an immunity tina
apparently cannot be reached and whicl
should be destroyed.