Savannah morning news. [volume] (Savannah) 1868-1887, 1884-06-30
MULAITOESACCOUNTED FOR
SLAVERY IN MASSACHUSETTS
AND GEORGIA CONTRASTED.

In the following forcible speech Senator
Joseph E. Brown replied on June 16 to the
attacks Of Senator Hoar and others on the
south:
The Senate, az IN committee Of the whole,
having under consideration the bill Is. 1888 to
amend an act entitled IAN act to amend sec
ton $3.50 Of the Revised Statutes Of the United
States. in reference TO bigamy. and for other
purpOscs,m approved March Y. 1852.
Mr.. Brown said:
Mr.. MISUNDERSTANDING OF my speech of
27th ultimo, the senator from Massachusetts
Mr.. HOarl said. in his reply: "Certainly the
logical result Of the speech, if il has premises
from which a logical result Is to be derived, is
that p0lygamy Is better than the lawful mar
riage Of one husband TO one wife, and that
MOrmOnism is better than Christianity as the
practical governing rule OF a State.R Now,
Mr.. President. this Is an extraordinary state
ment. coming from person OF the usual aecu-
TacT Of the senator from Massachusetts. and
/ can account for it in only one way, and that
is that he did not hear the first portion Of my
speech. To which he was replying.
j laid down the position that the cOnstltu-
ton Of the United states protects every citi-
zen ia the free exercise Of religion. and that
neither Congress nor any other power IN the
United states has the constitutional right 10
pass any law abridging the freedom Of rehg-
ION or interfering with the most perfect free
dom or opinion on religious subjects. AT the
same time laid down the position most dis
tinctly that no one can practice immortality
under the cloak Of religion and claim the pro-
lection OF the constitution. ! stated that the
Supreme Court Of the United states had de-
cided, and properly, that a person indicted for
polygamy can not prOtcct himself by pleading
his religious opinion that pOiygamy is legal. /
stated distinctly that consider the practice
OF pOlygamy grossly immoral. l stated that
Congress had already passed laws which were
now on the statute book making pOlygamy a
| penitentiary crime, and that It was the duty
OF the court when person in the Territory Of
| Utah is convicted OF polygamy to sentence
/ the party TO penitentiaiy imprisonment just
as the sentence Of the law is imposed on any
other felon who is convicted of the commits
] sion Of crime. / stated that had repeatedly
denounced pOly0amy on this hOOr, and that
/ all the prosperity and good conduct OF the
/ MOrmOns could not justify pOlygamy.
/ / further stated that as the law now stands
/ we appoint the Governor, the Judges, the
1 prosecuting attorney, the Marshal, and the
/ Clerks for Utah; andAthey are appointed be-
/ cause they are opposed TO pOlygamy; and that
when a Mormon Is put upon trial for polyga-
| my. as the law now stands, no other Mormon
/ can serve as juror in the case unless he VIII
/ first swear that he has never practlced polyg-
1 amy and that he does not believe 1t Is right.
So that il is next TO impossible. If there is any
1 evidence against him for person who has been
/ guilty OF pOlygamy TO escape before jury who
/ have sworn that they do not believe p0ligamy
| to be right, and before a Judge, prosecuting
/ attorney. Marshal, and Clerk who are sent
| there to convict, who are appointed because OF
| their opposition to pOlygamy.
| further stated that polygamy could not in
| crease under this state Of things, but must de-
| crease: that IL was not considered compulsory
| under the laws OF the Mormon Church, but
| only permisslve; that the law as il now stands
| dislranchises a man who practices II, ana
| neither prrmit5 him TO yOse nor hold oince,
and took IL for ,anted that no young Nor
/ mon who is ambitious, and who looks TO the
! future, will enter into polygamy when the
| punishment would be penitentiary imprisOn-
meat and disqualification to vote or h0ld
Office. or. indeed, to hold any public trust.
But while took this decided ground IN Ia
vor Of Furnishing and suppressing polygamy, |
also took the position that we have DO right 70
punish any one under charge OF pOlygamy
/ until he is convicted by due course OF law;
that to impose upon him test oath to prove
| his guilt is in violation not only of fundamen-
tai principle, but Of the constitution OF the
Now. Mr. President, still stand by the doc
trine OF my speech. / say punish with peni-
Tertiary imprisonment every polygamist who
| Is legally convicted of the crime, but punish
nobody for any crime until he has been legally
convicted. Use no illegal or unconstitutional
test-oaths as means Of ascertaining the
| guilt OF anybody, but use all legal
and constitutional means to suppress the
evil and lWlIsh the guilty. While we
| shave right TO do this, we have no right
/ To undertake to suppress the Mormon ChuI Oh
or to put them down rs sect or denomlna-
ton. The fact that they believe in pOlygamy
furnishes no justification for persecution OF
for their punishment. The fact that they
practice il not only furnishes Justification
Tor severe penal statutes, but makes lt our
duty 10 enact them; and, while am ready TO
! upon polvgamy, am not willing, IN connec-
tiOn with il, to support the eOnhscatlon OF
church properly, tne imposition Oh lllegal
test-Oaths, or the punishment OF any person
, for any crime of which he has not been legally
But while take this position in reference
, to bigamy or DOlygamy In Utah. / at the same
time hold that the practice OF blgamy or
pOlvgamy by the MOrmons in Utah IS no worse
! than the same practice Is in New England or
| in the District OF Columbia, and the penalty
ought to be the same IN both cases.
have laid down the doctrine, and do not
expect to hear it successfully c0ntroYerted,
that n divorce granted for any other cause
except that Of adultery or fOrnlcatlon Is
I illegal according to the Divine law, ana IL 10
violation Of the express command OF Gnfist
| himself. This authority does not pima per
sons who deny that Christ IS the son OF Col,
| ard that the Christian religion is true and IS
what 1t processes to be. L admit that such
/ person would not hold himself bound by this
| authority. but every Christian and every be-
| lever IN the truth of the Christian religion
must feel bound by IL.
who puts away his wife by divorce ana mar
| ries another, except for the cause OF fornica-
ton, commits adultery, as ne Is not legally
! rs he has married the second and Is living
with her in adultery he is bigamist or po-
lygamist. He has two living wives. lie ls
| neglecting his duty to the first and only legal
vile and Is living in adultery with another
| woman.
Now. Mr.. President. while we are legslat-
, ] against the euClHi tNAl III uLt VI TIT
/ tories and are protesting to have great regard
| for the sauctity OF the family, let us so legis-
late as to prohibit this illegal destruction OF
/ the family in the District OF Columbia ana the
! | Territories. IL we have jurisdiction over the
1 question OF pOlygamy in the Territory OF Utah
We have certainly ike jurisdiction over IL
legal divorce and illegal remarriages in the
! | District OF Columbia and the Territories OF
the United States. My amendment provides
that this system Of Illegal divorce which i
now authorized by Congress IN the District OF
Columbia shall be abolished and the courts IN
granting an absolute divorce shall be confined
10 the one cause which is legal according to
The senator from Massachusetts, says he
does not suppose / expect TO pass such an
amendment. Why not, Mr.. Presidents have
. I a right 10 expect the Senator from MaSsach1
sefts and every Senator on this floor who adj
mits the divine character OF the saviour ana the
truths OF Christianity 20 vote for TINS amend
ment IeNnect the Senator from Massachu-
sets to vote for it, because IL l am not mlsin-
. formed he believes in the truths Of Chrlstiani-
! tv, and because he processes TO be greatly in
terested in the preservation ana sanctlty OF
abe marriage relation. IL he believes in Chris
| tiauitv and desires to maintain inyiolate the
marriage relation 1 can see no excuse he can
have for voting against my amendment.
Again. Mr.. President, presume the Senator
| from Massachusetts has great respect for the
| constitution and laws OF his own State, and il
he carries out here the requirements OF the
/ constitution OF Massachusetts, he certainly can
not vote agaiHst my amendment.
| In mart J article 3. of the constitution of
/ Massachusetts II Is NlctlnClll stdttu Lnat the
| happiness OF a people and the good order and
preservation Of a civil government essentially
| depend upon ''religion, pietY, and morality
| II the good order OF a civil government de-
| ponds upon morality, it may be proper to in
duire what is morality. One OF Websters
definitions is: ''The conformity Of an act to
| the divine law or to the principles OF morals
] And one Of the definitions of the word "moraf'
| is: "COnfOrmed to the rules OF right or to the
| divine law respecting social duties"
If, then, we apply the principles OF morality
! to my amendment they would require that the
| law OF Congress as we may enact it be made
TO conform 20 the divine law respecting social
| duties III so we must forbid divorce Tor any
| cause except fornication. because the divine
| law on the subject OF social duties distinctly
| declares that divorce shall be granted for no
| other cause. In part ], article IS Of the con-
stitutiOn of Massachusetts, lind the following
language:
"A FREQUENT recurrence to the fundamen-
tai principles of the constitution, and con-
slant adherence to those OF piety, justice,
moderation. temperance, industry and fru-
Cality. are necessary to preserve the advan-
! tages Of liberty ard to maintain free gov
ernment. The people ought constantly to
have a particular attention to all those prin-
ciples in the choice their officers and repre-
| sentatives and they have a right to require
| OF their lawgiVers and magistrates an exact
and constant Observance OF them in the for
! nation and execution OF the laws necessary
for the good administration Of the common
! wealth.
Here the practice of piety, among other Fir-
| tues, is absolutely enjOined upon the lawgiF-
| erS and magistrates OF Massachusetts by
fundamental constitutional provision. And
in the formation and execution Of the laws
| necessary for the good administra-
I ton OF the commonwealth they
| are to be governed by the principles of piety,
/ frugality. There is to be constant adher-
/ ence TO these principles required OF the law