Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1885-09-23
the instinct of humanity" and Repub-
licanism may be termed the instinct OF
Capitalization and oppression.
VIOLATING THE CONSTITUTION

the Saints is being conducted is contrary
to the Constitution, and practically
nullifies the first amendment to that
sacred instrument" Now, is such ac
| tuelly the case? For the sake OF argu.
ment let it be granted that the present
persistent enforcemnt OF the law is cru.
sade, is the law in question contrary to
the Constitution? 1t seems to be an idea
with many that any law which is not in
harmony with their ideas OF what is
just, right and proper, is unconstitutional.
If the constitutionality of any and all laws
is to be determined by such ii criterion,
then whenever law is not universally
satisfactory 1T is unconstitutional. It is
just as unconstitutional If it is in conflict
with one mans ideas OF what is just, right
and proper, as it is when in conflict with
the ideas OF thousand or ten thousand
men, unless the one thousand OF ten
thousand men shall be in such majority
as to have the right and power to alter or
enact law at their pleasure, or to alter
or abolish the fundamental law under
which they live, which law is their con-
etitution. But in the Constitution OF the
United States there is q special method
provided by which the constitutionality
OF all laws can be determined. That
method is to bring case under any par
ticular law, if OF the United States or cf
State, if thought to 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 ma
jority OF that court must be taken as final !;
and if it decides law to be constitutional
or unconstitutional, SO il is. The Ed
munds law, the law to which the News
refers, has been so tested and declared
constitutional.
The NeWs 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 ruakes unlawful cohabitation
crime and Furnishes it as such. But if
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 OF the Saints are liable to
prosecution under the provisions OF the
Edmunds law, the law under which the
present crusade against the Saints is be-
ing conducted, according to the News.
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 three-fourths OF one per cent. of the
entire number of Saints. That three
ourths OF one per cent. OF any people
only are liable to prosecution is scarcely
ground upon which to base a
successful crusade, especially when it is
remembered that not more than one in a
hundred OF this three. e.fourths of one per
cent. is actually under indictment.
Considered in the light OF the law and
'eason it is most absurd to say that law
,f Congress which the Supreme Court
has declared to be constitutional is con-
raly TO the Constitution and practically
utilities the first amendment thereto;
md it is equally absurd to say that where |
,nly three-iourth OF one per cent OF a
arge population are liable to prosecution
lnder Il valid law, and very |
small per cent. OF the per cent. |
liable TO prosecution is under indict- |
nent, the enforcement OF the law is :, |
'rusade. Ii the enforcement OF the law
lgainst those who believe they have a
iivinc and constitutional right 10 violate
'bSt law VII stCCOu1l vi Il religious D0t4pI
S acrussde, then the Ne,rs is justified in
aying there is crusade in Utah. Ii |
he Government has right to enact
aw it should certainly have the right and
'ower 10 force obedience TO that law.
On the contrary, ii the Mormon church
las right TO say what laws OF Congress
re constitutional and whatnot and to vio-
ate with impunity any it chooses under
he sanction of a religious belief, then the
Government has no right TO enact any
Nv contrary to its will or wishes; in fact,
such is the case, then the Mormon
hurch is the supreme power in the
lnited States while the United States
re but secondary and tributary
hereto. Such is the logic OF the position
the Mormon church, but the people of
he United States will scarcely accept the
osition.