The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-10-24
THE REAL TROUBLE IN
UTAH.
JUDGE BLACKS OPINION OF saE
Work OF THE COMMISSION.

defines ana punisnes poly6emy as. a
crime. The Mormons think polyg-
amy allowed by divine authority, and
believe it in some cases to be re-
CURED as religious duty, but il the
civil government be Of opinion that it
is Injurious to society, the conflict
must be- decided by the authority of
states not by the DEGREES OF church.
Congress and tie Supreme Court
have determined it, The Edmunds
bill Furnishes it as civil Ofiense by q
heavy fine and long imprisonment in
the penitent!sIy, and superadds to
that the infamous and degrading
penalty oil Acknowledgement, total in
capacity to vote or hold Office under
the territorial government in Utah or
under the United States anywhere.
You may call that cruel ii you please.
No one, | think, will deny that there
is some ground for complaint against
it on that score. But that does not
affect the validity of the law. C'n-
gress having jurisdiction over them.
it can punish the offense by banging
or shooting tue delinquent, just as
certainly ss it can fine sixpeuce
apiece. Heavy as ia the hand that is
laid upon them, they must submit
until it is lifted.
"Thep your appeal will be to
Compress for mitigation Of the
law.
mo such thing" sid Judge
Black. eff we could show that this
law is unjust, even savage, in itG
character, it would be mere folly to
do so with the expectation OF moving
Congress TO pity. That illustrious
body, backed by The political piety OF
the country, would be- more likely to
increase the punishment than to
diminish it, and might find polyg-
eamists condemned TO be shot or
strangled instead of the civil death
which they must suffer under the
present law"
''No, | will have nothing to dc
with an appeal for mere mercy. II
ia no use. I might as well argue con-
stitutional law with Grant or quote
scripture to IDgersoll."
Then how. or in what maAner,
will you oppose the lay and
save the Mormons from its opera.
tions?"
Judge Black. l won't Oppose the
law at all, and | do not expect or de-
sire to save the Mormons from its
operations.
"Thst being the state OF the case,
I do not see where the trouble IT,"
Judge Black. I will tell you.
Commissioners under the Edmunds
law were appointed by the President
to 60 into the territory. take charge
OF the elections and all registering
officers were removed by the act of
Congress, with a provision that their
places ehopld be filled by appointees
of Che Commissioners. Five gentle.
men OF very good character, &C.
Icepted the appointments, took the
oath OF Office and drew the pay. Bat
they MD not go TO the territory or
make any appointments, until it
was too late to hold the annual cleo
ton for territorial officers, fixed by
law for the frat Monday 10 August,
and SO that election fell through. Il
was a shameful dereliCtion Of duty
and might have had serious cazse-
quences except for the wise provis-
ions OF the Law. which declared that
all officers should hold their places
until their successors were dTlY
elected and qualified. For this
resson the default of the commits
sioners did not produce any disloca.
ton in the machinery OF the terri
torial government. TIE local Affairs
: OF the people have continued to be
conducted by agents and officers Of
their own choice, unless revolution
has taken place since nav last ad-
vices. But an electicn ia 10 take
place in November for delegate 10
Congress, and the commissioners afe
making their preparation TO exclude
large Glasses Of legal voters from the
polls, whereby il mag happen that a
small aud dishonest faction fless than
one.ffth of the whole populstion)
will send a delegate to misrepresent
the people and do all he can to In.
iure, destroy and SANDER them.
Those Commissioners have, OF their
own motion, without authority OF any
law, and in the teeth of the COnsti-
tutiou,, established an inquisition into
the life of every msu and every
woman for twenty years back. and
deyisedss test osth 10 try them. All
who decline to swear that they have
not married or cohabited With more
than one woman at any time in the
course Of the last twenty years are
pronounced guilty Of polygamy. and
forthwith punished for the crime by
disiranchisement."
"D0es the Edmunds act direct
this?'i
M.r Black. No, there is nothing
like it in the act of CoDgress-Dot q
word that locke in that direction. Ttl
simply says that persons guilty OF the
crime there defined shall not be per-
mitted to vote or hold Office, which
means no more nor less than this:
that any parsou guilty of that Grim,