The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-09-03
THE MORMON PROBLEM.
From a Legal Standpoint,

| NC pdoSC0'
Article 6 declares that mo reli-
gious test shall ever be required as
a qualification to any Office or public
trust under the United States"
Now, keeping in view these CON
stitutional provisions, let us briefly
examine the late anti-pOlygamy bill
as passed by Congress, and ascer-
tain if it is consistent Herewith,
and in accordance with The letter
and spirit of the Cons tuition.
| Granting for the sake or argument
lat Congress possesses the power
10 legislaCe for the people of the ter
ritOries, in their local and domestic
affairs; yet, it should be strictly
held WIChin the bounds prescribed
by the Or anic law. That InStru-
ment was intended as a check, not
only upon the general government,
but u Jon each state and territory of
the Union. All constitutional
lawyers agree upon that proposition.
What then, are some Of the pro-
visions of this bill and do they con-
fict with the Constitution The
bill in question provides that every
man within federal territory, who
has plurality of wives, and who
shall continue 10 live with them as
such afteI the passage of this act,
shall, upon conviction, be rendered
inelig be for holding any Office of
honor. profit or trust, federal or ter
ritOTial; and shall also be disfran-
chised as an electOr, and diSquali-
fed as juror within said territory.
The bill makes polygamy a crime
in the past, present and future; it
affects the marital relati ms
of vast number of citizens. and
forces them to undo and nullify the
sacred Obligations of a marriage
cOntract-a contract entered unto
under the sanction of local laws and |
customs. They are thus forced to |
abandon their wives and children, |
or forfeit every political right of a |
citizen.
From citizens, these People be- !
come aliens in fact; or must sunder |
ties held most dear by all honorable |
men.
The penalty imposed could scarcely !
be more severe or work greater or |
more cruel injustice to the innocent |
and unOffendiRg. 1t would impair
the obligations of the marriage |
contract; which the courts in all |
civilized countries, and in all COM
hold to be of the most |
sacred and solemn nature.
1t would disintegrate families and
produce the most disastrous results.
A law that would force the citizen
to accept such inquitous terms, in
order to preserve his citizenship in
tact, is a Legislative mOnstrOsity and
! disgrace to civilization
The Mormon pOlygamist has either
70 sacrifice his domestic peace, or
the ballot-box, and endure
taxation without representation; a
condition of political vaSsalage at
var with the spirit of our govern
nent. Thus it will be seen that he
S punished by the operation of this
aW for acts committed years ago
.ctS. too, which were legalized by
he civil authoril les of the territory,
nd sanctioned by his religion and
hurch. An eC post f0ctO Jaw, as
Iefned by law writers, els one that
enders an act punishable in a man
Ter in. which 1T was not punishable
It the time it was committed" In
'ther words, where a penalty is
by law after the commits
ion of an act.
The freedom Of religious opinion
las ever been the proud boast of
'ur people and the glory Of the Re-
,ubic The MOrmOnS are a relig-
Gus people n catholic and legal
ense. Their church was founded
more than fifty years since, They
lave their Bible, and worship God
mi Jesus Christ according to its
and claim for its author
Irvine Inspiration. They are also as
much under the protection of the
and laws as any other
religious sect. Whether their
'eligiOn be true or false
Ices not enter into a controversy
where the constitutional right of
he citizen is involved, to worship
Tod or not, according to the dictates
u his own conscience.
POlygamy is considered by the So
,alled orthodox churches a grave
leresy; yet the fact remains that
he MormOns, or Latter-day Saints.
Ire religious sect, and have an
church and a religious
creed and faith; and must be so
recognized. J The Constitution. as
above quoted, has wisely declared
hat no religious test as a qualific :
ion for Office shall ever be required
n this country.
1t was intended as a radical de-
)arture from the English rule.
which to that extent blends the
fairs Of church and state.
Polygamy has been established by
he Mormon Church, aud has be-
ONE a part of the religious and
ocial system of the people. When
yer, therefore. Congress declares
hat those embracing polygauv |
hall be denied the ballot and rem
cred ineligible for Office, it violates I
he Constitution in both letter and !
pirit. Religious liberation is the !