The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-02-19

4
| tional convention took oaths against polyeamy,
and adopted constitution which made DO
| Iygamy or bigany crime. As the speaker
| read the paragraph of the Constitution provid-
| ing that the anti-polygamous sections shall
never be repealed or changed without the assent
| of Congress and the President. Senator Butler
| queried:
| You don't expect Congress to act favorably
upon such proposition. do youl for one say
frankiy and empnaticaliy will not vote for it
don't believe Congress or the President have
any thing to do with changing State Constitu-
tion.n
Senator Stewars, asserting said he did not
think Congress had q right to make treaty
with State Territory.
Mr.. Richards said that whatever might be the
demonstrated the good faith OF the men who
framed the Constitution to do all in their
power, If permitted, to bring Utah into harmony
with the country The people of Utah reeog-
nized that the country required il, and they
wished to meet the requirement. They, how
ever, proposed to accomplish it by more humane
methods than those provided by the present
laws. He sketched the cases OF the Mormons
who have been tried and convicted by the
courts, and showed, by what he declared
be the indsputabls facts, that the par
ties were illegally convicted. Tho prosecution
by the courts, unable TO produce evidence of IL
legal sohabitation in fact. had invented con-
structiye cohabitation and convicted and pun
ished the offenders for this. Members of the
committee asked if the stories, as Mr.. Richards
related them, embodied facts which were con-
coded by the prosecution.
Mr. Richards could not say what would be
conceded. but said he stated what behaving
been present counsel for the defense-knew
to be the truth.
1t proposed by Senator Platt and others
that the names OF the prosecuting officers b
taken. with view to inquire of them to their
version of the matter, and with this understand
ing the witness proceeded. Touching the mar
riaee relation. he said much misrepresentation
existed by reason OF q confusion OF the term
celestial with plural marriage. He ex-
planned the difference at great length, and read
the Mormon revelation on the point. A celestial
mich or mi mr. Ia m
rage. Under both, however, cohahltation with
more than one wife was permitted. The
and for eternity It was not true that
plural celestial marriage Was enjoined upon
the Mormons the fact being that II
was merely permitted. There union OF
church and state. The tithing features of the
Mormon revelation We're originally for the gov
eminent of the community in Missouri. They
were. however, held by many Mormone to be
binding now; but there WAS now no legal re-
quirement that the tithes be paid Contribu-
tions were volunteered
Answering the charge that Utah was
governed by heirarchy, he said there was
such thing in the sense named. He read from
the doctrine and covenants of the church the
declaration avowing complete distinction
between civil and religious authority, aud went
on to show that the church government went
for transgressio1 The kingdom of God was
only to rule or earth when Christ should reign
supreme
Ex- Senator Mcdonald followed Mr. Richards,
discussing the features of the case and arguing
that the power of Congress to compel submission
to any regulations with regard to marriage rela-
tious was not impaired by the admission of
Utah as State. He cited the case of louisiana
where it required that civil liberty should
be secured condition of her admission. He
argued that Congress had a right to protect cur
civilization. provision against polygamy and
bigamy had been Incorporated in the ConstitT-
ton, and the history of the past showed that the
provisions fixed were effective He claimed
that Congress had right to keep Territory
out of the Union of States after its people had
FIJI In1t .rz1 lid \, ~.
requirements prescribed for admission.
Senator Butler. concedng the pgopriety OF in
cooperating any prohibition of polygamy and
bigamy in the State Constitution. yet claimed
that under the present national Constitution the
government had no right thereafter to control
the matter. He admitted that if the Territory
were to come in with the present provision in
its Constitution, then Congress and the Presi-
dent would have the right of interference. but
he for one did not propose to admit State with
anv snch right of interference.
Delegate Game Eaid tue people OF Utah, on
four separate occasions. had asked admission.
The one obstacle was poiygamv. 1t was not q
question of religious belief, but the Constitution
permitted breach OF the laws which are
deemed necessary for the protection of society.
While the State could not prescribe religions be-
liefs, it could forbid PRACTICES which, though
sanctioned by revelation. were held to be detri-
mental to good morals. There pretense
that the religious beliefs of the people were to
be inquired into. The large majority OF the
people of Utah had sought to put themselves
of the country. The Constitution adopted
by the con vention was not the work of
spiracy. There was but one point in it about
which there could be any question. and that
was whether the twelfth section embodies the
honest views of the ID, 1875 who voted to
ratify it. This section makes polygamy and
bieamy misdemeanor punishable by fine and
Imprisonment. He declared upon his honor
God-fearing man that the people of Utah did
deliberately and unreservedly adopt that section
in good faith as the law of the land and intend
ed to enforce it in the new State. The conven-
ton made use of the terms "polygamy" and
MI fhaxyx cad NV 81
the country. The people who ratified the
Constitution did SO without any mental reserva-
regonists of Utah against the charges brought
by various writer's; declared that they were up.
right, worthy people; that though revelation
permitted plural marriage. and though all the
members of the church might have married re-
peatedly while the anti-polygamy act of 1862
was a dead letter, yet vast majority had re-
manned moncgamists. Was it not folly
accuse those people of an Intention to do in the
future what they had constantly abstained
from doing in the paste The Mormon Church
was democracy Ii it was a hierarchy,
the people were the hierarcbs In reply to ouss-
tons. he said the last plural marriage of which
he had any knowledge was that Of Rojger Claw
son. several years ago This man had been tried
and had suffered Imprisonment for his offense.
The present Legislature of Utah, now in ses-
bibiting polygamous and bigamous marriages.
This had been reported favorably from the COM
mistee on Judiciary Those who oppose state
hood for Utah, he continued, care nothing for
the religion morals of the Mormons 1t il
their politics which they oppose. If you would
satisfy them you must disfranchise every Nor
mon account of his religious belief. To dc
this, You must change the Constitution and
throw down one of the strongest bulwarks Of
our government-relgious liberty-the right Of
every man to worship God according TO the die
tates Of his own conscience.
Judge jeremiah Wilson also addressed the
committee. He euogizs1 the people of Utah
among the most thrifty, honest and temperate
of the world and challenged comparison with
any other community to the progress they
have made In all that goes to constitute
lghtened and civilized people. The whole OPP
position to the admission OF Utah, he said.
might be summed up in two propositions.-an
assault upon religious belief and an at
tempt to govern tho majority by
minority. The Mormons the objects of
abuse because they held the voting power.