Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-02-14
TEST OATHS.

Il Il
heptiohcaH, ia its issue of last Satur.
day, February sth, published the an.
nexed article as its leading editorial
1t is high-toned, clear and logically
unanswerable. Its perusal is COM
mended to the leading "Liberal,,
anu-Censtitution demagogues and
opponents of human freedom in
Utah:
"The religious test oath has ALWAYS
been odious among free peoples. and IN
America test oaths of any kind except
those pledging the affiant to support
the constitutions, State and Federal
have been looked upon as mart OF tbs
machinery Of despotism. The spirit
Of Americanism requires tina: punish
ment shall not be inflicted for any
uncommitted wrong, and rejects the
doctrine that any man may be rightly
punished by human law for his
thoughts, however criminal. whan
crime has been committed and
the Perpetrator convicted Of IL
infamy. involving loss Of citizen
ship and the privilege Of Office
holding, rightly follows as a part of
the punishment. A citizen in moments
OF such mental alteration as NAV
come to any in times OF great excite
meni may have believed it his 5utv IN
XIII; may have associated with others
Vi like mind and shared a common
purpose to commit the worst and mos.
infamous felony; but IL he control
himself, If he resist tho termination
and do not commit the crime, or give |
any manifestation of intention to COM |
NIT 1t, he is not smenable 10 punish !
ment for his thoughts. The law sun
poses that he will control himself II
does not seek TO take him in the
moment when he is struggling with
temptation to crime and, by anv mr.
cess, uncover his thoughts and so
punish him for entertaining them.
de must not be punished for thinking
wrong He may be punished onIv
Tor doing a wrong.
This isa principle Of justice growing
but OF universal human weakness T,
'upposes that all men NAV conten-
plaie crime; that none are exemn,
rom Thoughts Of wrong-doing. II
Toes not seek, therefore, to force anv.
me TO reveal those uncommit,ed
wrongs OF which he is sscopscio,s
With himself" alone. 1t respects The
ecre's Of Acknowledgements is Of
conscience" and it grants liberty Of
- freedom O, con-
cience"-until it has led to the actuaI .
commission Of crime. The crime I
must no. merely have been thought
I, no matter how long the thought {
'ay nave persisted, or how strong the b
,mptation may have been. There G
iast be criminal action before legal b
ifamy can rightly follow. The test 7
sth. which prizes into thoughts to find =
neither or not they are criminal tina,
fanny may be inflicted, violates this y
am principle Of justice. The Idaho "
TN, directed against Mormons, is IN
nded to be such a test of thought II
frying wi b it the necessity either Of o.
srJury or Of the infsmy which At Il
ches oniy 70 criminal acts-wbicb C
mot rightly attach to any uncom- OF
laed crime, since uneommit;ed A
lme Is a contradiction OF termsAa 81
ere grammatical error in the use of ri
'rds; illogical, inconceivable and .,
surd. Infamy follows or ime, but =,
me, as far as human laws are rightly
acerned with 1t, is an act. not a III
ought or a belief, however wrong the vi
ought or belief may be. Those who ma
II examine the Idaho test oath will pc
My see that its whole intention is to gu
nish the thought Of uncommitted az
therefore non-existent crime. The B Dl
requires the citizen to swear: az
i an not = member Of any order.seot or oy
aniIaiion which teaches, advises or en-. an,
-ses 'ae practice Of bigany or polyg- tou
2 OF any other crime defined by law. as fell
l'y or privilege resulting or arising from sic,
iAlih or practice Of such order. sect q rui
-ni1stion; or that teaches, oounsel.. en- Of
RACES or advises any person OF persons mar
ommH the crime of bigamy or polyv. he
[. or any other crime defined BY law. a the
hgious duty. That am not bi-aris, gre
oiyganlst- That do not either nnb. me-
or privately teach, counsel. encourage wa,
dvise any person or persons TO enter mo
nganous or polyganous relations or no
ne relation known as plural or celes. and
marriage" That regard the Consti. sue
N OF the United .tsies and the law, VIII,
eof' and Of this Territory,a as interpreted low
re courts, as the supreme law Of the bee
) and thatI will support and uphold one
anne, The teachings OF any order. sec, this
ganization 10 the contrary uotxi.h. tha,
ding, so help me Cod mar,
or Mormonism a of b
The religion OF this county. This nsh
TRY can rightfully prohibit any uiis
iic act Of crime. as bigamy or w,
gamy, as it may prohibit such on !
an sacrifices as practiced occa- in a
Ally in Hayti by negro voodoo "rea
ihippers. But no State of the felt
N may righifully require a negro VI G
lear that he is not himself a voo- gu l,
Torshipper and that he is not al s,.o,
lme OF taking the oath thinking once