The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-09-24

But some will say. surely all the acts
that may result from religious convic-
tons cannot be tolerated. If that were
done, every wrong-doer would be
claiming an immunity from punish
ment by saying that his acts, however
evil they mi-ht be. were the result of
his religious faith. Very true, and
here we admit is "a question. Some say
it is difficult sometimes to determine on
which side of the imaginary line sup
posed to divide the domain of con
science from the rightful domain efthe
civil power, a particular action falls.
But we think not. One mans liberty
ends where another's begins. So long
as the practice of a religion, no matter
how absurd it may be esteemed, does
not interfere with the rights or
liberties of others. it should not
be prohibited. IF it Is injurious to
other individuals or to society, the
secular power should step forward and
so far suppress it as may be necessary to
give relief to the individuals whose
rights or liberty it curtails, and protect
society from its baneful influences.
This the civil power has right to do
But who is to Judge as to whether GER
tain practices are hurtful to society or
not? UnquestionsblY that power re-
sides in the community affected by the
acts in question. And here is the rub
in the Utah problem. The nation has
assumed the right to say for the people
of Utah what is hurtful to them it has
SAID that .polygamy and pOlygamous
practices are baneful to the interests of
the community. The people of Utah
throw up the shield of our Ameri-
can theory of government before
them and say, We are an organized COM
munity, with legislative powers extend
ing to all rightful subjects of legislation,
and - are capable as community of
judging for ourselves what is harmful |
to our society and what is not. land we !
earnestly protest against the conscience
of our community being made the cri-
terion by which to judge another. A !
in the District of Columbia
has no right to say what shall and what
shall not be tolerated in Utah. The
Constitution has conferred no such alb
solute ever as this upon Congress.
We are aware that absolute power over
he Territories is claimed for Congress,
but there is nothing in the Constitution
which warrants such claim; it is clearly
IN assumption of power. 1t is seldom
low that anyone claims that such
power is derived from the Constitu-
ion. They are satisfied with pointing
% precedent. But however powerful
PRECEDENT may be, it is not absolute. A
wrong never becomes right by a long
practice of it. And because
N evil in government has continued
through even long ages. we see no rea-
on why men of the day should groan
nd sweat and suffer under oppression
because somebody q long time ago es-
abllshed the evil. Under such circum-
tances wesay precedent isiunwOrthy OF
egard, So long then, as in this com.
nunity the people maintain that the
'lural marriage system of the Nor
rOns is not injurious to society. we
h llmaintain that they have right to
'ractIce such a marriage system; and
o the Insignificant minority who think
themselves outraged by this institution
hat they found here, We say, wait
Until there is a majority OF people in
Utah who think as you think. that
'olygamy and pelygamous practices
re wrong, and then you can vote for it
o go, and it will vanish.