Idaho news. (Blackfoot, Idaho) 1887-1891, 1890-03-01

have been sects which denied as O
part OF their religious tenets that there
should be any marriage tie, and ad.
vocated promiscuous intercourse OF
the sexes as prompted by the passions
Of its members. And history discloses
the fact that the necessity of human
sacrifices, on special occasions, has
been a tenet of many sects, Should
sect of either of these kinds ever
find its way into this country, swift
punishment would follow the carrying
into effect of its doctrines, and no
heed would be given to the pretense
that, as religious beliefs, their sup
porters could be protected in their
exercise by the Constitution of the
United States. Probably never before
in the history of this country has it
been seriously contended that the
whole punitive power of the Govern
ment for acts, recognized by the gem
eral consent of the Christian world in
modern times as proper matters for
prohibitory legislation, must be sus-
pended in order that the tenets of a
religious sect encouraging crime may
be carried out without intolerance.
PoLYGAAIY AS A RITE.
On this subject the observations of
this court through the late Chief
Justice Waite, in Reynolds VS.. United
States, are pertinent. (9s U. S. las,
los, 1861 In that case the defendant
was indicted and convicted under sec
ton 1852 of the Revised Statutes,
which declares that ''eyery person hav-
ing husband or wife living who
marries another, whether married or
single, IN Territory or other place
over which the United States have
exclusive jurisdiction, is guilty of
bigamy, and shall be punished by a
fine of not more than $500 and by
Imprisonment for term of not more
than five years" The case being
brought here, the Court, after refer
ring to law passed in December, IL
-s8, by the State of Virginia, punish
ing bigamy and polygamy with death,
said that from that day there never
had been a time In any State of the
Union when polygamy had not been
an offense against society cognizable
by the civil courts and punished with
more or less severity; and added:
Marriage, while from its very nature
a sacred obligation, is, nevertheless,
in most civilized nations civil con-
tract and usually regulated by law.
Upon it society may be said to be
built, and out of its fruits spring
social relations and social obligations
and duties, with which government
is necessarily required to deal. In
fact, according as homogeneous or
polygamous marriages are allowed, do
we find the principles on which the
government of the people, to greater
or less extent, rests" And, referring
to the statute cited, he said: ut is
constitutional and valid as prescrib-
ing rule of action for all those resid-
ing in the Territories, and in places
over which the United States have
exclusive control. This being so, the
only question which remains is,
whether those who make polygamy
part OF their religion are excepted
from the operation of the statute. If
they are, then those who do not make
polygamy a part of their religious be-
lief may be found guilty and punish
ed, while those who do must be &C
quilted and go Free This would be
introducing new element into GRIM
NAL law. Laws are made for the gov
eminent of actions, and while they
can not interfere with mere religious
belief and opinions, they may with
practices. Suppose one believed that
human sacrifices were necessary
part of religious worship, would it be
seriously contended that the CIVIL
under which he lived
could not interfere to prevent sacri-
fice2 Or, if wife religiously believed