Salt Lake evening Democrat. [volume] (Salt Lake City, Utah) 1885-1887, 1886-03-05
JUDGE POWERS CHARGE
Delivered to the Grand Jury Of the
First Judicial District,
In Which He Defines the 0nenses OF
POlygnmy and Unlawful Co.
liabitati0n.
The Sooner the MOnmOns Learn ia
Obey the Law, the Better II
Will BE for All.

The following is part OF Judge Powers
charge TO the Grand Jury OF the First Ju-
dcal District, delivered at Provo on
Tuesday, and as it refers to the all
absorbing topic throughout Utah, and
defines with clearness the position the
Judge takes upon "holding out" it will
be read with interest by all the readers
OF the DEMocRAT throughout the Terri
tory:
Gentlemen of he Grand Jury:
1t will be your duty to inquire whether
any of the laws of the United States have
been violated 1t is my duty to charge
you specifically to make due and diligent
inquiry whether the laws of your country
relative to polygamy and unlawful cohab-
itation are being infringed in this district
/ therefore charge you to investigate this
matter. For years
TIE LAWS RELATIVE TO THE MARRIAGE
RELATION
Have been set at defiance in this Terri
tory. This is fact of such common no.
toriety that the Court is bound to take
judicial knowledge OF it. But this state
of affairs cannot be allowed longer TO ex-
list. The Government is in earnest-the
laws must be enforced, and guilty parties
taught that if they continue in their evil
course they must pay the penalty.
People must learn that the law can no
more be violated with IMMUNITY in Utah
than it can be in the States. They must
understand that the great moral senti-
mcnt of the nation is opposed to plural
marriage.
THE SOONER THE LESSON Is LEARNED
, That must be learned, sooner or later
that the law must be obeyed, and that
Utah is portion OF the United States
the better it will be for all 1t is strange
, that any will pursue the path which the
people of this Territory seem determined
to take. Here, amid these mountains
Natures own great treasure-vaults-en
closing valleys so fertile that they need
only be "tickled with the hoe in the spring
' time to laugh with the harvest in the
) summer"-could be framed an intelligent
and enterprising State. Some day this
will be done; but it will not be until oui
: people learn to love their country, learn
!. to obey its laws, and learn to reverence
> that great institution OF civilization, the
- Home, with
ITS ONE WIFE AND MOTHER,
e Revered and honored by the husband
/; and father. The laws relative to the
q marriage relation which the Court ex
L poets your aid in enforcing, are Just laws
+ and are constitutional. As was said by
the Supreme Court OF the United States
no legislation can be more wholesome
and necessary in the founding OF free
self-governing commonwealth, fit to take
y rank among the coordinate States of the
o Union, than that which seeks to establish
5 it upon the basis OF the idea OF the family
K rs consisting in and springing from til,
/ union for life by one man and woman il
5 the holy estate OF matrimony the sur,
u foundation OF all that is stable and noble
II in our civilization; the best guaranty o
e that reverent morality which is the sourc,
IL OF all beneticent progress in social ant
political Improvement
AS have already indicated, the Amer
lean idea of government is founded OF
the Christian idea OF home, where on
i. father and one mother, each the equal O
the other, happy in the consciousness G
mutual and eternal affection, rear abou
the hearthstone an intelligent ond God
n tearing family.
$ PATRIOTISM SPRINGS FROM LOVE OF
is COUNTRY,
e Which is born OF love OF home. Virtu
,e and morality are the flowers which ador
. the hearthstone of the true family. |
,, was said in Reynolds vs. the Unitet
- States, % U. s., 1865, that marriage, Will
. :, from its nature u sacred obligation,
II nevertheless in most civilized nations
~ civil contract, and is usually regulates
=, by law Upon it society may b
~ said TO be built, and out OF il
y fruits spring social relations an
- social obligations and duties, with whic
- government is necessarily required {
., deal. In fact, according as monogamou
~ or polygamous marriages are allowed d
~ y, We find the principles on which the GOV
y eminent OF the people to greater or les
., extent rests. Professor Leber says pc
~ lygamy leads to patriarchal principles
=, which, when applied TO large comlmun
II ties, fetter the people in stationary de
-, potism, while that principle cannot Ion
Wv exist in connection with monogamy
.. Chancellor Kent observes that this RI
'.o mark is equally striking and profound
NJ IAN exceptional colony OF polygamisti
~ under an exceptional leadership, ma
-, sometimes exist for II time without n,
AZ pearing to disturb the social condition
y' the people who surround ii, but thel
nt cannot be 4 doubt that unless restrcte
Nv by some form OF constitution, it is With
40 the legitimate scope OF the power of ever
~ civil government to determine wheth,
l,n polygamy or monogamy shall be the Ia
he OF social life under its dominion" In IL
i,o same case, on page lG4, it is said that p
,ro lygamy has always been odious anon
'' the northern and western nations OF r.
rope, and
UNTIL THE ESTABLISHMENT OF THE MO
il MON CHURCH,
irh Was almost exclusively Il feature of tt
,no Asiatic and OF the African people. 4
'So common law, the second marriage W.
ne always voidI2 Kent's Com, 79l and fro
W the earliest history Of England polygan
'irl has been treated rs IN ofTense against s
nd cicty. =
so by the statute OF James II. re-. III tn
ne otiense, ii committed in England
re- Wales, was made punishable in the civ
,iis courts, and the punishment was deaf
lllt As this statute was limited in its oper
ut tion to England and Wales, il was at
ST. very early period re-enacted generall
ne with some notifications, in all the 60
rs; onies. In connection with the case Y
hd are now considering, it is IL signiica
not fact that on the Sth Of December, l7S
my after the passage OF the act establishiu
tor religious freedom, and after the conye
ne ton OF Virginia had recommended as a
cry amendment TO the Constitution of Il
eu United States the declaration in I!
Is bill OF rights that "all men have (
vas equal, natural, and nalienabe rig
ok to the Tree exercise OF religion, accordiI