The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-12-07
sEzB SALT LAKE HERAIE5 WEDNESDAY. DECEMBER

] every MEMBER OF the cnurcf1, ana that
was, that the law should be observed
in all matters concerning plural mar
rage, embracing the present cohdi-
/ ton of those who had previously en-
tered into marriage. Is that a plain
answer?
Apostle Lund's evidence:
! Q.-How is il as to the people who
/ have already formed those relations, IS
/ it right for them to continue TO asso-
ciate in plural marriage with their
wives?
A.-The manifesto does not expressly
state it, but the president has said it
was not.
Q.-Was that the first tine you un-
derstood that it was included2
Al understood his advice for the
church from the presidency was to
obey the law of the land.
JOSEPH F. SMITHS TESTIMONY.
Franklin S. Richards: Q.-Do you
understand that the manifesto applies
to cohabitation of men and women in
plural marriage where it had already
! existed.
Al cannot say whether it does or
not
Oft does not in terms say so. does
! it?
A.-No, I think, however, the effect of
/ it is So l don't see how the effect of it
| can be otherwise.
If anything more is needed to show
| that the church authorities made a SOL
| enan compact with the government and
people of the United States that poly
gamy should entirely cease from and
after the granting of statehood. it is
afforded in the proceedings of the con-
stitutional convention. in which pro-
| ceedings Mr. Roberts took a conspieu-
Gus part, as the following extract Will
show.
! In the constitutional convention, on
4 May 1, 1895, c. S. Varian offered the
| following as an amendment to section
| 2 of the schedule, to be inserted at the
end of the section:
THE act of the governor and legisla
tive assembly of the territory of Utah,
entitled AN act to punish polygamy
and other kindred offenses, approved
| Feb 4, 1892, in so far as the same de-
fines and imposes penalties for poiyS-
amy, is hereby declared to be in force
in the state of Utah"
As to the need OF the amendment Mr.
Varian said: "There was passed in 1892
by the legislature of the territory an
act substantially, indeed 1 may say, lit
eralIy-in accord with. or following the
act of congress upon the subject. That
act defines and provides penalties for
! the specific offences, polygamy, unlaW-
! full cohabitation, adultery, inccst, and
| fornication Now that law 1 apprehend
is not in force in Utah today, aud the
reason is that congress entered upon
the field of legislation and covered the
whole subject Therefore there was
nothing left for the territorial iegisla-
ture to act upon. That being so, it is
not included within the provision of
section 2, and if it is desired that there
| shall be a compliance with the intent
| of the act of congress, and with the
understanding everywhere. in spirit, it
would be necessary for this convention
to make some positive declaration adj
ding the force of the law, which would
be self executing; that is, thai the
without further legislation upon the
subject.
B. H. Roberts supported the amend
ment, saying in advocacy of its adop-
ton:
Mr.. PRESIDENT am in favor of
adopting the amendment offered by the
gentleman from Salt Lake. I think,
sir that it should prevail. First, and
/ principally, that it may appear, with
out any equivocation whatever. that,
in perfect good faith, the people of
| Utah intend to carry out the condition
! upon which statehood is to be granted
to the territory, for congress did re-
quire by it's enabling act, an express
! stipulation upon this subject, and 1 be-
/ lieve its intention was to have dec
! laration that would be effective and not
merely an empty assertion, and L think
provision of this character is abso-
lutely necessary to the document we are
| drafting in order to establish beyond
! question the fact that we intend to
! carry out to the letter our agreement,
! as expressed in the compact with the
! United States.
The enabling act, under which Utah
! became a state, provided as follows:
said convention shall provide by or
| dinance, irreVocable, without the con-
| sent of the United States and the people
I of said state: First, that perfect toll
Grafton of religious sentiment shall be
secured, and that no inhabitant of said
| state shall ever be molested in person
| or property on account of his or her
mode of religious worship, provided
J that polygamous or plural marriages
are forever prohibited.
The constitution declares as follows:
Article iii, section 1: The following or
! dinance shall be irrevocable without the
| consent of the United States and the
| people of this state:
Religious Toleration.-Flrst, perfect
! liberation of religious sentiment is
| guaranteed. No inhabitant of this state
shall ever be molested in person or
property on account of his or her re
/ ligious mode of religious worship, but
! polygameus or plural marriages are
| forever prohibited"
! The election of Mr.. Roberts, under all
! the circumstances of the case, cannot
rightly be interpreted but as an indica-
| ton of a purpose to pave the way for
! the restoration of the abominable sys-
TEN of plural marriages. This election
! accompanied, as it has been, by public
| utterances Of Mormon leaders to the
! effect that a belief in the divine APP
/ prevail of the system of polygamy is
/ still q doctrine of the church, and the
hood the people have the power to de
| termine the character of their institu-
| lions, without interference from the
! United States. is but preparation for
the re-establishment Of the peculiar in
| stitution.
In spite of the most solemn state
ments made when amnesty was prayed
for, and the sworn declarations OF
/ church leaders prior to the granting OF
! statehood, and of repeated avowals OF
] complete acceptance of the conditions
upon which these privileges were grant
! ed, yet we are compelled. to the con
! clusion that the signs of the times
| plainly point to the renewal of polyga-
NOUS practices unless they shall be pre-
vented by such power as the United
States can exercise in the premises.
If congress shall so far endorse the
movement as to admit a polygamist tC
a seat in the national legislature, the
last impeachment viii be removed, an6
the fair state Of Utah win be blighted
by the presence of a system abhorreut
to the moral sense Of ChristendomL
The baneful effects of polygamy, as
it existed when practiced openly car
| still be felt and seen in the low tone