Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-10-13
Puts New Face Upon the Mormon Mat
ter, and Shows That Fanaticism is
Playing a FieBdish Part,
And That Gov. Murray, Who Disgraced
Himself in Certifying Against Can
non, is Striking at
The Great Principle of Local Self-Goy-
eminent, and is Using Every Arbi-
trary Meals to Destroy 1t.

Il
the comforts and beauties of Brockie with a
keen delight.
81 have called" said 1, "to ask for the
! Pres"
"Yes," said Judge Black; al know you
very well; have seen you before"
| Judge" l replied, 81 have no right TO
interrogate you about your private or pro-
| fessional affairs, but this Utah matter in
which you are engaged, and your views
| upon il, cannot be and ought not TO be a
secret from the public"
| To this he assented in a somewhat reluc-
| tant way, but seemed disinclined TO converse
| upon the subject. He got excited, however,
when i showed him some recent dispatches
| and newspaper paragraphs in relation to
the situation in Utah, He said that they
were full of falsehoods and ignorant con-
| lectures. When in the course of the CONVEX
| sation / asked him if he thought the Ed
| munds law against polygamy void, he said
| al do not say that the Edmunds law is
unconstitutional, because it defines and pun
| ishes polygamy as q crime. The Mormons
| think polygamy ahswed by divine authority,
and believe il in some cases TO be required as
! a religious duty, but If the civil government
| be of opinion that it is injurious 10 society,
| the conflict must be decided by the authorities
| of the State, not BY the DEGREES of Church.
| Congress and the Supreme Court have deter
mined it. The Edmunds bill Furnishes it as
! civil offense by heavy fine and long i'm
! prisonment in the penitentiary, and super
| adds 10 that the lnfamous and degrading
| penalty of Acknowledgement, total incapacity
to vote or hold Office under the Territorial
| government in Utah, or under the United
| States anywhere. You may call that cruel
| if you please. No Que, think, will deny
that there Is some ground Of complaint
| against it on that score. But that does not
affect the validity of the law. Congress hav-
1 Al
| offense by hanging or shooting the deliu-
| quent, Just certain as it can fine sixpsnce
| apiece. Heavy as Is the hand that is laid
| upon them, they must submit until il is
| lifted"
THE REAL TROUBLE IN UTAH.
"Then, your appeal will be to Congress for
d mitigation of the law?
"No such thing" said Judge Black. "If
we could show that this law is unjust, even
savage, in its character, it would be mere
| folly TO do So with the ex pectation OF moving
Congress to pity. That illustrious body,
backed by the political piety Of the country,
would be more likely to increase the punish
ment than to diminish il; aud might fed
polygamists condemned 10 DE shot or stran-
gled instead of the civil death which they
must suffer under the present law. No, /
will have nothing to do with an appeal for
mere mercy. II is no use. / might as we'll
quote Scripture TO Iugersoll."
"Then how, or in what manner, will you
oppose the law and save the Mormons from
its operations?"
Judge Black-I won't oppose the law at
all, and i do not expect or desire to save the
Mormons from its operations"
"That being the state of the case, / do not
see where the trouble is"
Judge Black-I will tell you. Commits
sioners under the Edmunds law were APP
pointed by the President TO go into the Ter
ritory, take charge OF the elections and act
as a returning board. All election and all
registering officers were removed by the act
of Congress, with proviso that their places
should be filled by appoiniees of the COM
missioDers. Five gentlemen of very good
character accepted the appointments, took
the oath of Office and drew the pay. But
they did not go to the Territory or make any
appointments until it was too late to hold the
annual election for Territorial officers, fixed
by law for the first Monday in August, and
80 that election fell through. TWAS a shame
full derelIction of duty, and might have had
serious consequences except for the wise pro-
visions of the law, which declared that all
officers should hold their places until their
successors were duly elected and qualified.
For this reason the default of the commis-
sioners did moi produce any dislocation in the
machinery of the Territorial government. |
The local affairs of the people have contin- |
ued to be conducted by agents and officers |
of their own choice, unless a revolution has
taken place since my last sdvices. But an
election ia to take place in November for a |
delegate to Congress- aud the commissioners |
are making their preparations TO exclude |
large classes of legal voters from the polls,
whereby it may happen that a small and |
dishonest faction ess than nefifteenth of |
the whole popu atom will send a delegate
a.. I. nd do 81 l,a
to injure, destroy and Islander them. Those 1
commissioners have of their own motion,
without authority of any law, and in the
teeth of the constitution, established an in
QUESTION into the life of every man aud every
woman for twenty years back, and devised
test oath to try them. All who decline to
swear that they have not married or CO.
habited with more than one woman at any
time in the course of the last twenty years are
guilty of polygamy, and forth
with punished for the crime by disfranchlse-
ment
THE CORRUPTION OF THE LAW.
"Does the Edmunds act direct this?"
Judge Black-No, there is nothing like
il in the act of Congress-not word that
looks in that direction. 1t simply says that
persons guilty of the crime there defined
sh all not be permitted to vote or hold office,
which means no more nor less than THE:
that any person guilty of that crime alter the
date of the act shall, on legal conviction,
suffer the penalty of Acknowledgement in adj
dition to Imprisonment ard hne. To sup
pose that more was meant is TO impute a
willful, deliberate and corrupt violation of
The constitution, which is the worst kind of
perjury that moEal man can lay upon his
soul. 1t is a vel ksettled rule OF interPreta-
lion lat no such imputation shall ever be
made against the legislative department, I'M
+ ,1lAa i'll ,
hat no other construction is possible.
Neither the Congress nor auy other power (
10 this country can disfranchise citizens by |
legislative decree any more than 1t can order
hem 10 be killed, and Congress did not try
o do it. This infamous legislation is the
york OF the commissioners themselves.
"You ask why it is infamous? That ques-
ion can be easily answered. The reasons {
ire iunumerable. Here in brief are some of q
hem: 1t is bill of pains and penalties; /
econd, it is punishment without trial; third, ,
I assumes that all men are guilty who re-
use TO clear themselves by an expurgatory
,ath, reversing the rules of evidence which .
lie at the foundation Of civil liberty; fourth, I,
t is er post factO in its operation, going back :
iearly a whole generation to disfrauchise
,eople for ofenses supposed to have been !
committed long before there was any law to :
nhiet that penalty upon them by denying
hese principles. No man should be bound
0 testify against himself You cannot put
lis conscience on the rack any more than
GU can break his body on the wheel 10 ex- =
ort confession. ALI test oaths for puni-
i've purposes or TO deprive men of their civil
ighis are odious, and forbidden by every =
onstitu.ion and by all charters of liberty =
D every free country" i
"D0es not your prejudice against things of
1is kind-pardon me, l will put the ques-
on in a more complimentary form. Does ,
OF your love of equal justice 10 all men =
suse you TO make your condemnation too
ropg2" =
Judge Blsck-No, il is 80 written in the y
,nstitutiop, aud the Supreme Court OF the y
nited States in the test oath cases 4th y
Tailacel solemnly affirmed every PROPOSE =
on L contend for. Sc did the Supreme =
ourt of Pennsylvania in Huber Us. Reilley :
), P. F. SMITH. No American court OF =
spectacle Authority ever disgraced itself
= denying these principles.
aTo see the iniquity OF the commissioner
lie look how it would work in other cases. 4
rcIusiye Jurisdiction, negro concubiuage u
revails TO frightful extent. Your politi- =:
Il metropolis swarms with hybrids, of y
hom hardly one in thousand Is the of
ring of a legal tnarrisgP. 1t might be r
roper enough 10 punish this beastly de- -
oraIization and pernicious crime with dis y
auchfsement.. But could you deprive a ~
an of his fight 10 vote or hold Office unless y
, swears that he has had no criminal = =
la,ions With q negroes Tor quarter OF a 8
ntury2 y
A DEREssE OF THE SIDE or HUMANITY. 81
ssIf the Prohibitionists should get law to | in
sfranchise all who make, sell or drink d,
rong liquor, it would be extremely unjust b,