Idaho news. (Blackfoot, Idaho) 1887-1891, 1890-03-01
THE Idaho TEST OATH.
Full Text OF the DecisIen as Rendered
by Mr.. Justice Fields.

whether the District Court of the Ter
ritory had jurisdiction of the otfense
charged in the indictment of which
defendant was found guilty. Ii it had
jurisdiction, we can go no further.
We can not look into any alleged
errors in its rulings ON the trial of
the defendant. The wri. of habeas
corpus can not be turned into . writ
of error to review the action of that
court. Nor can we inquire whether
the evidence established the fact al
legged, that the defendant was a men,
Der of an order or organization known
as the Mormon Church, called the
Church of Jesus Christ of Latter Day
Saints, or the fact that the order or
organization taught and counseled its
members and devotees to commit the
crimes of bigamy and polygamy as
duties arising from membership there
in. On this hearing we can only con-
slider whether, these allegations being
taken as true, an offense was COM
mitted of which the Territorial Court
had jurisdiction to try the defendant.
And on this point there can be no
serious discussion or difference of
opinion. Bigamy and polygamy are
crimes by the laws OF all civilized and
Christian countries. They are crimes
by the laws of the United States, and
they are crimes by the laws of Idaho
They tend to destroy the purity of the
marriage relation, to disturb the peace
of families, to degrade woman and to
debase man. Few crimes are more
pernicious to the best interests of
society and receive more general or
more deserved punishment. To ex-
tend exemption from punishment for
such crimes would be to shock the
moral judgment of the community.
To call their advocacy tenet of re-
ligion is to offend the common sense
of mankind. If they are crimes, then
to teach, advise and counsel their
practice is TO aid in their commission.
and such teaching and counseling are
themselves criminal and proper sub
jects of punishment, as aiding and
abetting crime are in all other cases.
THE MEANING OF "RELIGIoN.
The term religion" has reference
10 ones views of his
relations to his Creator, and to the
obligations they impose of reverence
for his being and character, and of
obedience to his will. 1t is often con-
founded with the cULTUs or form of
worship of a particular sect, but is
distinguishable from the latter. The
first amendment to the Constitution.
IN declaring that Congress shall make
no law respecting the establishment
OF religion, or forbidding the free ex-
ercise thereof, was intended to allow
every one under the jurisdiction of
the United States to entertain such
notions respecting his relations to his
Maker and the duties they impose as
may be approved by his judgment
and conscience, and to exhibit his SEN
tIments in such form of worship as
ne may think proper, not injurious to
the equal rights of others, and to pro
hlbit legislation for the support of
any religious tenets, or the modes of
worship of any sect. The oppressive
measures adopted, and the crueIties
and punishments inflicted by the Gov |
ernments of Europe for many ages to
compel parties to conform. in their
religious beliefs and modes of wor-
ship, to the views of the most numer-
Gus sect, and the folly of attempting
In that way to control the mental OBJ
erations of persons and enforce an out
ward conformity to prescribed stand
ard, led to the adoption of the amend
ment in question. 1t was never in
tended or supposed that the amend
ment could be invoked as a protection
against legislation for the punishment
of acts inimical to the peace, good
order and morals of society. With
mans relations to his Maker and the
obligations he may think they impose.
and the manner in which an express
os Oh. l. 4