Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1889-11-25
ing, of grief, of sorrow, is not trea-

NtNAt W ~ AANAO u ChdcC A0A
mourning?
Mr.. Young-I suppose some Of the
people thought there was; but that
was not treason. There was no as
pect OF treason, and ii cannot be dis
tOrted to that. 1t may have been
disrespect TO the courts, and should
not have been doue. But il was not
and could not be treason. Why, in
Boston, when the Fugitive Slave
Acts were in force, the people Of
the north claimed that they were
unconstitutional. Money was
raised for their repeal. Under that
law, in the Burns case, the govern
ment captured a slave in Boston
and sent him back. The people OF
Boston half mastsd all Of the flags
on the public buildings. That was
no treason.
Court-DO you think that was 20
indicate sorrow, or rs an insult to
the government?
Mr.. Young-I would say it was
an indication Of SORROW. The peO-
pie there did not want to insult the
government-and they Were not
reasonable.
Court-There can lie acts that
are not punishable, but are treason
able.
Mr.. Young-The trainers Of the
Constitutiondefine treason, anditil
becomes their descendants 10 change
the definition. AS / have said
the demonstration when MIR. Wells
was released was not treason or
REASONABLE. Mr.. Dickson has urged
that the raising Of money 20 defend
men in court was treason. That Il
new doctrine to me. L always
understood that men have
n right to a fair trial -
that they have right TO test the
legality of any law. / maintain
the right as citizen to test the con-
stituti0irality Of any law; ana that
every man, be he Mormon or Gen-
tile, has n RICH. to fair trial and TO
4 proper defense, and it is not treason
10 employ means TO contest legally
any clses In courts. The history Of
thfs nation shows that before the war
there was much OF this, aud even
the Supreme Court of the United
States had 20 be. rearranged before
certain acts could be declared con
stitutional. And | say that the
testing of laws before the national
tribunal will not be denominated
thereon yany gentleman.
1 say, further, that the religious
belief Of this applicant can be no
test OF his right 60 citizenship. We
have not yet come TO judging in the
domain Of conscience, for We can
not do il cOnstitutiOnally. Lord
Macaulay says that If such |
things a this was not persecution,
there could be no religious persecu-
ton. Mir. Young then read from |
Lord Macanlay's essay, in wnlch he
SAYS that to punish a man because,
from some doctrine he holds,it = be- I
lieved he will commit an otiense, Is 4
persecution, and foolish and wicked. I
10 argue that because q man Is /
Catholic and that he is bound TO 4
murder a hereticsl sovereign, ana I
then base a law on that assumption /
is persecution. And counsel in this I
case have used the came argu-
ments that were used against I
the Catholics in England, with /
only the change that II .,,Mor-
mons 10 be DISTINGUISHED now
instead Of Catholics. But the Brit
ish nation forever sllenced the argu-
r,ent there, and in justice 1t should 4
he r,rsver silenced here. In this Z
case the applicant has shown him .
self eligible for citizenship in every !
sense, and 1t is his right 10 |
be admitted. Ii is urged that !
he belongs to n sect that I
has taught a doctrine which Is in
compatible with the laws of the I
nation. IL is urged that the Nor
mons must Obey The Priesthood;
aud they say that every ''Normon'
in good standing must go into
polygamy. What is the fact? The
great majority Of the 'Mormon"peo-
OBSERVATION-DISCLOSURES not
zone into It, and are therefore not
In good standing. The argument Is
its own refutation when compared
TO the facts. Say what you please
Of "AIOrmOn" sermons and the
revelations they have, but from
their actions you can find no fairer
record in any part Of the Union.
Judge us by our acts, not by the
opinions and expressions Of avowcl
enemies.
HOS. s. n. THURMAN
said that his connection with the
case had been irregular, owing to
his necessary absence, and he had
not expected to make an argument
There were some points, however,
which had not been fully developed,
and TO these he would refer This
proceeding was indeed n strange
one. We have passed along in
the history Of this Territory 10 a
time when men speak Of 4 certain
rcopIe as becoming more liberal,
and less peculiar and exclusive than
they had been. In other words,
they are growing more like other
people. Congress has gone over this
ground time and time again, on the
suggestion Of counsel for the other
side. Congress had had this matter
before them for the same purpose
sought to be effected here, and in
every instance Congress has refused
TO take the step that the court is now
asked to take. the strongest wit
ness on the other side, II. w. Law
renee, said the people were growing
better, and nell were saying the
"MsrmOn'' question was about |
solved. Now, on the eve Of n great po- !
litical battle; on the eve OF a most I
important election; when It was
claimed that the Enormous" We're I
in the minority, it is now asked OF
the court that the Enormous" be I
DISTINGUISHED. There is no fOunda- |
ton for such an outrage. Go hack 4
to the attitude of men in 1857 and I
1855, If YOU will, yet the fact today I
stares YOU in the face that the very .
things complained Of are working I
out. and the cause, if ever there was 1
any for this proceeding, passed away 4
n generation ago. The man who .
says that for the past 10 years-we I
will name that period-every man 1
has not had the fullest liberty, so far |
as the sMOrmons''are concerned, that |
man has some reason for stating a |
falsehOOd. Il is said that in August
200 or 800 young MOrmons voted the /
adverse side; now this court is asked
TO disfranehise those MOrmons and
all others.
When I first entered the court
room, as a spectator in this case, Gill
NOR was on the stand, and he was
saying that If he told what he
knew, his life would be in danger.
Did your honor believe him? Did
anybody believe himf | think not.
There was falsehood on his face, anu
he is unworthy Of belief. Henry
w. Lawrence was not afraid and he
had worked in the Endowment
House; Mr.. Lawrence was even an
xious to make explanations" and
thus gave vent to his preiudices. If
the rumors that have been
l,r,,,obt in here as evidence were