The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-02-12

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trust. The laws Of the Territory
not only provide the m cans by which
the poor man may collect "his dol
lar" when earned, but they also ex.
empt it from execution after he has
earned and collected it. Your COM
mittee note this fact for the infor-
nation OF those who may not have
been previously aware Of it.
Regarding that part of His Elk.
cellency's message referring "to
polygamy," your committee beg re-
specially to say that they are igno-
rant Of the fact, # it is fact, that
"the system of plural wives" had
been "properly defined in the COM
mon law as pOlygamy," for we had
supposed the word to refer to plu-
rality Of husbands as well. We
were, however, not ignc rant that
Congress in 1852 had, by special en-
actment, made bigamy or polygamy
crime in the Territories, but were
not then able to understand, nor
have we since been able to see. how
marrying, from religious motives,
more than one wife with the free
consent of all parties concerned
could be, by our national laW-mak.
ers, COMPOUNDED and classed with
bigamy, the very essence of the
crime Of which consists in the deceit
practised upon, and the consequent
injury done to, the husband or wife
without the previous knowledge or
assent Of the aggrieved party. By
any known laws Of reason or logic
your committee utterly fail to- per,
ceive any analogy between the
honorable, upright and noble keep
ing Of sacred marital vows and the
dishonest, treacherous breaking of
them. The great majority of Utah's
people believed then as they believe
now, the act of 1862 to be not only
special and unreasonable, but also un-
constitutional, in that 1t prohibits"
the "free exercise" Of part of their
religion, but they do not fail to re-
cognize the poa0cr of Congress, un-
der pressure, to enact as an expedi-
ent, that or similar laws;
they can, however, only
view them in the light Of history
and experience, as imprudent, mis-
chievOus, and dangerous. The great
statesman and patriot, George
Washington. in his farewell address
to the American people, foreseeing
perhaps the danger of such expedi-
ents, was burdenei with appre-
hension while contemplating the
future Of our great nation. He
says: Gone of the expedients of
party to acquire influence within
particular districts is to misrepresent
the opinions and aims of other dis
tricts. You cannot shield yourselves
too much against the jealousies and
heart-burnings which spring from
these misrepresentation; they tend
to render alien to each other these
who ought to be bound together 10y
fraternal affection" Expei ience-
ever hard master-has taught the
people OF Utah how painfully true
these wise sayings of the great
statesman have proven. While pa
tiently, almost uncompIainingly,
enduring the thTslldom of Ter
riiorial government, aggravated
by INSCRIPTIONS officials, they
have been illuminated, &C
cused Of disloyalty, and otherwise
vilely misrepresented without stint,
and that too, by those who have
been sent by our general govern
ment to rule the people, foster the
interest of the Territory and admin
lister justice and equity without
bigotry or bias. Invested with al
most unlimited power many OF
them have used 1t as despots,
tyranizing over citizens whose hearts
beat for freedom, and who are more
loyal to their country, their coun-
try's flag, and their country's Con-
stitution than Oppressors know how
to be.
In speaking of the innovations
! which might be made under spe-
cious pretexts upon the principles of
the Constitution, Washington fur
Their says: Gone method of assault
may be to effect 10 the forms of the
Constitution alterations which will
impair the energy Of the system, and
thus to undermine what cannot be
directly overthrown.
If in the opinion of the
people, the distribution or mOdifica-
tisn of the constitutional powers be
in any particular wrong let it be
corrected by an amendment in
the way which the Constitution
designates. But let there be no
change by usurpatlon; for, though
this, in one instance, may be the
instrument Of good, it is the Gus.
tomary weapon by which free gov
ernments are destroyed. The pre-
cedeLt must always greatly over
balance, in permanent evil, any
transient benefit which the use can
at any time yield" The great.
charter of American liberty and law
declares among other things
that "Congress shall make no law
respecting the establishment of re.
ligion or prohibiting the free exer-
else thereof" But notwithstand-
ing this positive prohibition and
Notwithstanding the inspirational
warning ofthe father of his country,
Congress did, lin the year Of our
Lord one thousand eight hundred
and sixty-two enact law prohibit
ing, under penalties Of fine and inn
Or leonment, the free exercise of the
religion Of more than hundred thou