New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-11-25


BILiTY OF ENFORCING EXISTING LAWS AGAINST
PoLYGAMY AND THE URGENT NEED Oh MORE
EFFICIENT LEGISLATION BY CoNGR SIS.
To the EdftOr Of The Tribune.
SIR: Come over and help us " in our un-
equal contest with the twin relic" has long been the
unanswered appeal Of the loyal citizens Of Utah to their
felowcitizens elsewhere Although We the people,"
over twenty years ago, through the baobOx, declared
that slavery and pOygamy should be discouraged and
finally rooted out while the sword long since pierced the
vtas OF the former the latter through the gross neglect
OF the peoples servants, still lives Hope dead in
human hearts, reviyes within when occasionally
sec In the columns OF influential papers such articles
touching this evil recently appeared your ed
itorias We are thus reminded that entirely
forgotten that this monster that plainly see is
seen at least through glass darby" by others that
while In these mountain Businesses he may lift up his
defiant head. yet here he is scarcely safe, and
surely not If he ventures down TO the fertile plains
nthe article referred to- you say: "A strict enforce
ment Of the statutes against TO the extent at
least OF preventing any plural marriages, is prob
ably all that is needed" The implication is that there
are statutes against poygamy which can be enforced We
being so lar from you and our interests remotely con-
nected with yours, you and the great people
as well IA their Congressional servants have with
out examination rested in the belief that the laws
sufficient unto the evil but that their enforcement here
is not directed by Jealous heads My motive in writing
as as can, tocorrcct TINS mHapprehenslon; ana
my duties Assistant United States Attorney
for Utah. for tho past three years, having
been the prosecution Of all crimes IN Utah,
against either the laws OF this Territory OF the United
States and having lived here for ten years, do net
speak without examination when say there statute,
either Territorial Of The United States that be sue
ces-ly enforced against existing polygamy, even TO
the extent OF preventing any more plural marriages"
We mnst not expect Territorial laws to deal with
this question: for law-making power is and has
been for many years composed only Of poygamists;
corlingy we have law against polygamy, adultery,
cyious cohabitaon their kindred crimes the
est approach being law against rape and some
city police regulations OF houses Of ilfame,
hut Of course house occupied by half
a dozen women and IL not Of ill
fame" here Congress having absolute power to legs
for and being particularly rnder its CONTROL
IL IL reasonable conclude It has not overlooked our
condition aud has provided the means Of remedy What
has II done II has dccarcd-U. 5. Rev. Stat, sec.
5352-" Every person having husband or wife living,
who marries another whether married or single, In
Territory other place which the United states
have exclusive Jurisdiction is guilty OF biggmy and
shall he punished by fine etc only this and moth
ing more" But, wiil be asked, IL hot lhs good
itself but that there Is no legal machinery or power pro
yidcd by whic' to enforce t. 1t cannot be enforced
prosecuting officer under this lay First, he must
show that at certain tuc the defendant was married
to his first wife; and second that while abe
was su living his wife, he married another woman
This, t0 resident OF Utah. may seem easy 10 snow
but do 1t II the run There Is no law mere requTlnga
license 10 marry, nor any record nor p1bca'lou OF hr
rage made and nome IL made, especially OF an
nnawfumarrae Proof that the parties live and cohabit
together each other husband ana wie does
not prove the marriage, hut only teuds thereto The
marriage ceremony must De proven, the marriage dis
tincy admitted by the defendant, although against
m.h aduias,p AZ evidence arr many decisions OF able
iurisfs In most the defendant admits nothing nj
Tho trial not tho lawful marriage, and ne hn'ng
hr ,, rrtirua IN IN, mast t. admit the unlawful mar
Is left ~
Tic marriage, crrc'uonY he cannot III any case BRING
% his aid H. csnonv or the lawful wife, for, under
S,niraI practne Ari The vif's testimony cannot be
n,,iurt the husband without hls consent and nay
safely a.G sh6 wOul not consent u ne H,ou, I'e Us-
uouy OF the fn cannot be used a. long AS the
first marriage If Disputed and ne United nth'ts gu,
preme Court tn The recent case OF Mics s'ems 70 ~
That h putcd e. the end ~ the easel lor, tl the
rTt marriage shown tne secou VIZ ~, N guy mn ~
Of the lag. legal vile III ro'nllo prAclu'N !at .ne
testimony Of neither wife can De used consequently the
only testimony the prosecuting 0oer can rssort 70 Is
| IL must be rsmem bcred that Mormon marriages.
aud especially ,, en utmost secrecy within tho
r"nr"aiing walls OF the Endowment House. where none
""pcen these intended spectators and the officiating
prcsta are The same IN every case hence the Gov
mess or some happy accident the proper parties are
brought witness stand they prove most unwilling
ser,cy more binding than their cnhs witncHsrs and
c,urch aEi religion, win the protection oI lh'l
brfhr, u nighrr than all civil laws. u TIM iS not SO Of
All MurIaCus IN FUN Sympathy ~tb their church. II Ger
iuly liz u those who intTuscd with these danger
| ms secrets 30 not speak from theory. nave seen
tLr-e things tested. haS" fern pniuooking Witnesses
@ % 10 s,na and bear witness not OF the truth. but
f he careful training they Ind received from wiser
br.i- have u" wiser one Hho. Tie prosecutor
hnnu,ncI To know had only Witnessed but assisted
In t-rfnrrning the marragr ceremony Ia question, ~
up1n the stand with the smiling, bcdtihcd couuenance
81 saint, and with such ingenuity frame hh answers
ns 10 avoid revelation Of the important thcts or
II met by unexpected question that could not be
avoided, he sat doggcdly IN the Wlinena DoN uIoNnB
contempt into the face OF the court uhu ordered 10
urisou and then De welcomed FROM itH walls 10y pro
cessation of his followers htoen Thousand strong ~ has
been seen Ia salt Lake city within low years past 80
the cnsr must end win verdict Of not guilty
IL T be- obscrycd that, by the statue above referred
TO- offence Is not living but inarryiHg IA poygany.
Of this of nee II limited To thrto cars alio It's com
mission Observation has convinced W. thnt Tor three
years iuterc-t.d parties can thGctuhr conceal te
facts after which 'h"y may deS tho Ia" ana SNAKE 'hcr
ccrdiug sets tcdcra officials, Who all came "ith Leal
believing that they conld succeed where lhclr Rrcuec,s
sur- IN utterly repeat tie law cannot hs II now II,
nr enforced. Wna' shall be- dOnci shall We Hay with
the Mormon people, poYgtiny Il matter OF Iellkou5
NOD bc subject to civil laW-i While convinced
that many nem honest IN their Drlri IN as OF
1iyur origin fully believe many ot thcl uHe IL AS
cloak for hrir nascr nstncts; but conscience ana re-
gou- belief history 81 the race must convince u.s.
are much matters OF training. Neither can religion
hc made absurd Tor som" tn believe H. but whether
Things be 80 or not Tue propagation 'l"' Govern
mans religious belief IS too absurd Tor hlsriSHloh
Must content ourselves wan me nope tnat u" 'Io
polygamy will die 81 ITS own corruption lhls Is the
panacca OF those umd souls Who lear 10 Eraple VIII
evil: VINO the devil n let alone VIII IN Tune grow
ashamed of his evil ways and become saint; Well, IL
may be IL may be- 'thC leopard VIII chthBc MS spotn
H. may 10 that in unc pulyCany viii Of itscf die adj
mil there are some among Mormon people who de-
clare their objections, ana many who are iukeWarm III
hcir support It; but there are many more VINO are
zcnlous public and private IN ith advocacy ana thou
| sands, gathered from the lowest Walks ol
European ne mailed only in Ignorance ana superstition,
arr, coming every year To huid up TINS pOlygaInOus
kingdom. Are Governments To hc mere SItio"s M III,
stead OF substancesi they to Yield TO eVs instead
OF governing destroying themi shali hIy millions
OF Americans Weld turir Opinions to hnnISd monnI
people, Vhomha are from the pauperlLd cltelsot
and freedom It is not be- deiuded into the belief that
nn..yity will oven within the present or next genera
un remedy the evil, but let as understand WI" yal1
only Ia the crushing weight OF law Orperhaps he washed
| out with BLOOD, other wrongs nave Drfh'
IL has been objected that laws that can nc enforced,
placed in y hands OF the GENTLE element here WOuld