Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-02-24

this appeal our only iu1u
III whether the District Court OF Ia
Of Territory had Jurisdiction OF tn
N offense charged in the indictmen
70 of which the defendant was ioun'
!, guilty. II il had jurisdieuon, W
j. can 20 no further. We cannot loo
into any alleged errors In It's ruling
X on the trial OF the defendant. IN
IA writ OF hatsds c5rpifs cannot q
turned into a writ OF error TO re
4 view the action Of that court. No
:, can we inquire whether. the evi
y deiice established the fact alleged
4 that the defendant was n member O
an order or organization known a:
, the Mormon Church, called the
! Church OF Jesus Christ Of Latter
b day Saints, or the fact that the order
!. or organization taught and coun'
seled its members and devotees Ia
commit the crimes Of blgsmy and
D polyeaiilt hs duties Arising from
1 membership therein. On this
, hearing we can only consider
whether these allegations be-
ing taken as true, an offense
was committed Of which the
Territorial court had jurisdiction
. TO try the defendant. And on this
point there can be no serious discus
sion or difference Of opinion. Big
amy and polygamy are crimes by
the laws of all civilized and Chris
tian countries. They are chimes 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, 10
disturb the peace Of families, 10 de-
grade woman and to debase man.
Few crimes are more pernicious to,
the best interests of society and re-
ceive more general or more deserved
punishment. To extend exemption
from punishment. for such crimes
would be TO shock the moral judg-
ment OF the community. To call
their advocacy n tenet OF religion is
10 offend the common sense OF man.
kind. II they are crimes. then TO ]
teach, advise and counsel Their
Practice is to aid in Gasir,esmmis-i
sion, and such teaching and coun-
selling are themselves criminal, and
proper subjects of punishment, as
aiding and abetting crime are in all
other cases.
THE TERN "RELiGIoN',
has reference to ones views of his
relations TO his Creator, and 10 the
obligations they impose ofreverenee
for His being and character. and Of
obedience ~ His will. 1t Is often
COMPOUNDED with the cllltus or form
OF worship Of a particular sect. but is I
distinguishable from the latter. The
hrst amendment TO the Constitution.
In declaring that Congress shall
make no law respecting the estab- !
llshnent OF religion. or forbidding
the free exercise thereof. was in
tended to allow every one updert The 4
jurisdiction Of the United States to \
entertain such notions respecting |
his relations TO his Maker and the I
duties they impose as may be APP I
proved by his judgment and con- |
science, and 10 exhibit his sentiments |
IN such form Of worship as he may
think proper not Injurious TO the |
equal rights Of Others, and 10 pro-
hloit legislation for the support of
any religious tenets, or the modes of
worship of any sect. The
measures adopted, and the cruelties
and punishments inflicted by the
governments Of Europe for many
ages. 70 compel parties 10 conform, in
their religious beliefs and modes of
worship, to the views Of the most
numerous sect, and the folly Of at
tempting in that way to control the
mental operations Of persons. and 1
enforce an outward conformity 10 a
prescribed standard, led TO the
adoption of the amendment In
question. II was never intended
or supposed that the amendment
could be invoked as n protection
against legislation for the punish
ment Of acts inimical To the
peace, good order and morals
OF society. With mans relation to
his Maker and the obligations he
may think they impose, and the
manner in which an expression ,
shall DE made by him Of his belief, ,
Of those subjects, no interference /
IAN he permitted, provided always {
NE laws OF society, designed to Sc {
cure Its peace and prosperity, and 5
ihe morals Of its people, are not in
.erfered with. However free the {
exercise Of religion may he, it must !
BE subordinate to the criminal laws A
u the country passed with reference G
o actions regarded by general con-
ent as properly the Subjects of pun O
tive legislation. There have been 20
ects which denied ms a part of q
heir religious tenets that there Il
hould be any marriage tie, and n
advocated promiscuous intercourse L
i the sexes as prompted byi
he passions Of its members. And I,
history disclOses the fact that the /.
necessity Of human sacrifices. ON n
pecial occasions, has been n tenet
4 many sects. Should a sect of n
lther OF these kinds ever find its I,
Fay Into this country, swift punish ii
nent would follow the carrying into O
Heet OF It's doctrines, and no heed
Tould be given to the pretense that {,
5 religious beliefs, their supporters :
ould be protected I'm their exercise
y the Constitution of the United Of
tates. Probably never before in IN
be history Of this country has II Ii
cen seriously contended that the OF
mole punitive power of the gov +
rnmenf for acts, recognized by. the %,
eneral consent Of the Christian ee
'orld in modern times as proper 3,
latters for prohibitory legislation. OF
lust be suspended in order that the n,
nets Of religious sect enrourag. NJ
y CRIME may be carried out with iii
1t hindrance. j- J tis or
On this subject the observations of az
us court through the late Chief pc
lsnce Waite, in Reynolds V. United m
1tes, are pertinent. t9S U.SIJ5. al
., 1861 In that case the defen, to
INT was indicted and convicted m
lder section $3.50 OF the Revised
atutes, which declared that "every so
'rson having n husband or wife Iiv- co
9, who marries another, whether or
arried or single, in Territory, or co
her place over which the United 20
ates have exclusive jurisdiction. fin
guilty OF bignmy. and shall he Gel
nished by hne Of not more than tic
'e hundred dollars, and by impris- pc
ment for a term not more than to
e years" The case being brought no
re, the court, after referring 10 a TIE
= passed in December, I5Ss, by sti
: State OF Virginia, Furnishing tht
amy and pOlygamy with death gui
d that from that day there never II {
i been a time in any State of leg
Union when polygauiy bad not Off
m an ofense against society VIII
,nizable by the civil courts and off
llished with more OF. les sersrity. pm
! added: Marriage. wfIiIs from the
very nature a sacred obligation
nevertheless. in most ciyilizsd
ions a civil contract, and usInlIr for,
ulated by law. Upon itsoclety div
y be said to be built, and out 81 Wis,
fruits spring social relations md sys I've
ial obligations and duties with mar
lch government is necessarily re- an
rel n Isaal l.. e..