The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1884-01-16
RIGHT OF DOVER.


elimination, unrest and untold suf.
fering follow its denial. Every en-.
lightened argument favors it. II
1t is denied in no State or Terri
tory except where something better
is given" To bestow the right of
suffrage upon and deny the right of
dover or its equivalent, TO women.
is an anomaly. earnestly urge that
this right may not longer be with.
held from the wives of this Terri.
tory.
PoLYGAMY, BIGAMY AND OTHER
MATTERS.
The fact that no laws are upon
our statute books denouncing polyg-
amy, bigamy, adultery, fornication,
incest or illicit intercourse as public
ofenses, l submit is not creditable
to Utah. l trust this Legislature
will not fail to place the seal of con-
domination upon these offenses made
kindred by universal law.
The Congress in 1862 passed what
is popularity known as the anti
polygamy act, denonncing bigamy
as an offense and prescribed a pen
atty. Charged with a violation of
this law, one George Reynolds, who
had plurality Of wives taken in
obedience to, and with the sanction
of ecclesiastical authority, was ar
rested, tried and convicted in the
courts of Utah. The constitution.
ality of the act of Congress was the
main issue after the evidence was
heard. and this was made test case.
The Supreme Court of the United
States in an elaborate decision de-
clared the act to be constitutional
! law, and Reynolds paid the penalty
of his tranSgressiOn. In the light
of this pronounced constitutional
law, l submit that you, the repre-
sentatives of the people of Utah
will be unjust to yourselves, I'M
mindful of supreme law, and cruel
| to those you represent, in failing to
pass appropriate and final laws upon
this subject with effective measures
for their execution.
In support of this, my earnest re-
commentator, [ present for your
guidance, potential reasons taken
from the able argument of dis
tinguished j1rist, the late Judge
Jere S. Black, before the Judiciary
committee of the House of Repre-
sentatives of Congress. February 1,
1888, made as counsel Of the People
of Utah to discuss their rights and
the power Of the federal govern
ment to control them" [ agree
with Judge Black ia the lengthy
quotation l shall make from the
very basis of his powerful argument
on this subject, and trust that you
may not disagree with him, ano
hope that we may unite on this
common ground and solve what i:
termed the utah problem" After
quoting from Mr.. Grote, who, be
says, lis the most learned anC
thoughtful of all modern historians,
s'thaJ fidelity to the Fundamental
law, which he terms constitutions
morsiity is the one indispensable
condition upon which the safet!
and success of every free govern
ment depends" Judge Black de
clares that:
Il is plain as the MONDAY sun tbs
without constitutional morality ever.
pretebse OF patriotism must be false ant
counter felt. The man who ssys he love
this country, and yet strikes fatal blo7
, at the organic law upon which her Inf
depends, show his sincerity as Nero pro
: vided his filial affection when he killed
hia mother and mutilated her body.
J A violation of constitutional law is no
, an ofanse which is ever made vensl b.
). the occasion. You cannot do evil tina
, good may come. The evil is there, ant
!, the good never comes.
No matter how unimportsnt the breacl
may seem; though small at first, it vii
widen like crevssse in the Mississippi
until the whole stream Of arbitrary
power goes rushing through it. Besides
: the grade of crime is not measured b.
TIE extent of the particular mischief
, Forgery ia forgery, whether the sum Oh
tanned by it be great or small, and MUIR
der is not mitigsted by showing that tn
victim was short Of stature.
1t often hsppens that legislators, a
WILL as other men, feel themselves hamp
cred by such restrictions; but that doe
not authorize disregard of them. Yol
: cannot break lswlessly over the Consti
I tuition because il confines you to limit
| inconvenientiy narrow.
, In this country all men and all clssse
, are equal. No one can lawfully say t
, another, "Stsnd aside, am holier tha
, thou" and push him from mis- place o.
Z the platform of the Constitution. Supe
rior sanctity is not q thing to be ssfsl.
believed; it is easily simulated it
I often false; and when it comes into pol
e itics it is almost universally put on
: cover some base and malicious design
7 The Scribes ant the Pharisees wer
1 hypocrites.
By the decision of the Suprem
Court in the Reynolds case, we fin
that the law of Congress fOrbiddin
. polygamy is a constitutional law, de
. clared to be so not by an individual O
= counsel or an inferior court, but by tn
y Supreme Court, which the Cons titu
, ton makes coordinate part of tn
= sovereign power of the Unite
y States. Agreeing with Judg
: Black, that violation of cOnstitu
. tional law is not an offense whic
! is ever made excusable by the oc
! casion, l beg TO say to you IN his ez
Il act language. You cannot brea
lawlessly over the Constitution
!. because it confines you to limit