Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-09-23
TUE CONSTITUTION.

those terms: The particular law under
whose genius the bitter crusade against
the Saints is being conducted is contrary
to the Constitution, and practically
nullifies the first amendment TO that
sacred instrument" Now, is such ac-
tually the case? For the 2akc OF argu.
mcnt let It be granted that the present
persistent enforcemnt OF the law is q cru
sade, Is the law in question contrary to
the Constitution 1t seems TO he an idea
with many that any law which is not in
harmony with their ideas oi what is
just, right and proper, is unconstitutional.
II the constitutionality OF any and all laws
is 10 be determined by such Il criterion.
then whenever a law is not universally
satisfactory il Is unconstitutional 1t is
just as unconstitutional ii il is in conflict
with one mans ideas oi what is just, right
and proper, as il is when in conflict with
the ideas OF thousand or ten thousand
men, unless the ono thousand or ten
thousand men shall DE in such majority
az to have the right and power to alter or
enact law at thoir pleasure, or to alter
or abolish the fundamental law under
which they live, which law is their con-
stituton But in the Constitution OF the
United States there IL special method
provided by which the constitutionality
OF all laws can be determined That
method is TO bring case under any par
ticular law, ii OF the United States OF ci Il
State, if thought 10 conflict with law OF
Congress, and have the matter decided in
an inferior court, and then carry it up on
appeal TO the Supreme Court OF the
United States, and the decision OF n ma
jority OF that court must be taken as final /;
and II il decides a law to he constitutional
Or unconstitutional, so it ia. The Ed
munds law, the law to which the News
refers, has been 80 tested and declared
constitutional.
The Ne,os says that it is under this law
that "the bitter crusade against the Saints
is being conducted" Let it be granted
that such is the case. still that law can
only be invoked against that portion OF
the Saints which is violating its provisions.
That law makes unlawful cohabitation a
crime and Furnishes it as such. But il
the statement OF Mr.. Taylor and Mr..
Cannon, made in an Epistle which they
promulgated to their followers some six
months ago, that only two per cent.
OF the male portion OF their followers
are living in polygamy, is true, then
only two per cent. OF the male
portion oi the Saints are liable to
prosecution under the provisions Of the
Edmunds law, she law under which the
present crusade against the Saints is be-
ing conducted, according to tho Neus.
! Under this law the women who are living
in unlawful cohabitation are not liable
to any prosecution, and two per cent. OF
the male portion OF the Saints are no more
than threc-iourths OF one per cent. OF the
entire number oi Saints. That three
iourihs OF one per cent. OF any people
only aro liable 10 prosecution is scarcely
sufficient ground upon which to base a
successful crusade, especially when it is
remembered that not more than one in q
hundred OF this three.iourths oil one per
cent. is actually under indictment
Considered in the light oil the law and
reason it IL most absurd 10 say that law
oil Congress which the Supreme Cour
has declared TO be constitutional is con
trary to the Constitution and practically
nullifies the first amendment thereto
and il is equally absurd to say that where
only three-fourih Oi one per cent. oi 4
large population are liable to prosecution
under valid law, and verS
small per cent. oil the per cent
liable 10 prosecution is under inlict,
ment, the enforcement oi the law is
crusade. Ii the enforcement oil ihc Law
against those who believe they have
divine and constitutional right 10 violat,
such law on account Of religious belle
is crusade. then the Netrs is justified il
saying there is - crusade in Utah. |
the Government has right To enact
law il should certainly have the right ani
power 10 force obedience to that law
On the contrary. ii the Mormon churcl
has 4 right TO say what laws oi Congros
are constitutional and what not, and to vic
late with impnnity any it chooses unde
the sanction OF religious belief, then tn,
Government has no right to enact an,
law contrary 10 its will or wishes In TACT
ii such is the case, then the Mormon
church is the supreme power in th
United States while the United Slate
are but secondary and tributar,
thereto. Such is the logic OF the position
OF the Mormon church, but the people o
the United States will scarcely accept TIN
position.
EXPLAINED.