The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-05-30
GEORGE 7. CURTIS.
His Manly Letter to an East
e ern Journal.
: SOME PLAIN FACTS FOR ALL.
A statement of the Snow Cass-Mr.
Curtis Opinfon-What Con-
gross Should Do.
To the Editor Of the Ese.f.g Poe.

1H III oohuAdal i91b kucIc dppcdIcu
in the public press n statement pur-
porting TO have been telegraphed from
Salt Lake City, dated on the 14th in
slant. to the effect that that the Gov
ernor Of Utah Territory on the 18th
instant visited the penitentiary where
Lorenzo Snow is imprisoned and asked
him If he (Snow), as q condition of the
Governors recommending him TO the
clemency of the President, would Sub
INIT TO the laws and urge others to do
So. that Snow refused and put him
self on the higher Law OF God, which he
said cannot give way 70 the laws of
man.
As Twas counsel for Mr.. Snow in the
recent argument of his cases in the. Su-
pEeme Court, L am IN a position to
know. from the uncontradicted evidence
contained in the records of his three
trials, what the whole conduct was.
from the time when. the "Edmunds
Act" went into operation down TO the
time OF his indictment and conviction
No right-minded person can make him
self acquainted with all the facts as they
| appeared in evidence at the trials, and
not admit that Mr.. SHOWS conduct was
J all that could reasonably be required Of
him prior TO an authoritative construc-
ton of the one word "cchaoitationr IN
the Sd section of the Edmunds Act
The Territorial judges 80 construed the
law as to make any kind of association,
mere visits OF sympathy or kindness,
without any dwelling together. coupled
with the fact OF n polygamous marriage
relation. however long since the mar
riages took place, evidence OF unlawful
Capitalization with more than one
woman. This construction. If correct.
would not only compel Mr.. Snow to alb
stain from dwelling with more than one
Of his wives after he is discharged from
prison, but would force him to turn his
other wives and their children adrift
upon the world, 10 abstain from con-
tributing 10 their support, and to re-
nounce every possible relation to them.
Six of his marriages took place, accord
| to the religious law and custom of the
Mormon Church, long before the act Of
1852 was passed, and the seventh mar
mage took place eleven years before the
passage OF the Edmunds Act. IL Mr..
Snow has been asked whether he will
promise to obey the laws. in the sense
which requires him TO ren0unce every
religious and moral duty to the women
he married forty, thirty-fye and seven
teen ears ago, with the full tolerance
OF the people and the government OF the
United States, think IL very likely
that be said he could not promise any
thing Of the kind. 81 i1- .-t.t
Mr.. Snow brought his cases before the
Supreme Court of the United States, By
writs OF error, in order 10 obtain final
aud authoritative construction OF the
statute and determination OF the ques-
ton whether he was rightly convicted.
No one can doubt that under the cir
cumstances, il was ght that be should
have the decision of the highest judicial
tribunal in the land. After the argu-
ment of the cases, and while they were
under advisement, u doubt arose among
the judges whether they have appellate
jurisdiction in this class of cases COM
ing up from the Territories under the
third section of the Edmunds Act On
Monday, the 10th inst, the Court dis
missed the Snow cases for want OF Juris-
diction, and they also reversed
their former decision in Cannon's
case, and dismissed it for the same want
of jurisdiction. This is a sItuat on I'M !
paralleled in the administration of the
criminal law since the United States
have had any criminal law. The third
section OF the Edmunds Act IS now
without any construction Whatever by !
the Supreme Court Of the United States, |
in reference to a new crime recently !
created by q statute which affects thou
sands of persons in q Territory where
in period OF thirty-fye
wears, grew up under at least the tacit /
permission Of the people and govern
ment of the United States. Under 1
these circumstances, il Is said that the
dismission Of the cases by the Supreme
Court of the United States leaves the
of the law to be as il
has been declared by the Supreme Court
Of the Territory. This IS technically
true, but in all righteousness and jus
lice. is il 4 I that these people should n {
have the construction OF the Territorial
Court revised by the Supreme Court OF
The United States, when that construc-
lion makes them guilty OF crime by Il
reason of conduct that was perfectly in
nocent and harmless, and forces them
not only to renounce dwelling with
more than one OF their wives. but 70
-emounce all future care for and associ-'
ltion OF every kind with any OF the
,thers7 | should be untrue TO every
conviction of moral duty il / did not
1rge that they are entitled to have the
aw interpreted by the highest judicial
tribunal OF the government which en-
lcted il. Il is for the wisdom OF Con-
yress TO determine whether appellate
jurisdiction in this class OF cases ought
not now to be conferred on the supreme
Court of the United States. ~, ia ,frl
Allow me, Mr.. Editor. to ask Why the
papers which keep up the excitement
against the Mormons. and which print
currilous attacks upon me because IN
nv professional capacity I have de-
ended one Of them tefore the Supreme
,ourt, do not make themselves ac-
luainted with the facts and with what
said. / can aEord to despise false
lood and misrepresentation. But no
Iecent newspaper can aHord 10 MAKE
tseif the vehicle Of either lI ira 4
n, GEoRsE TIGKsoR CuKTIs-
WAsHISSTos, ID. c.. May h. 1.l8idt
New York Evening" Posi- MAY 81. -
plano. aud nrpuus