The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-02-10

contraction Of .polygamous marriages as
lar Ddck as 1886. ana that after that time
the praetlce had not existed In 1888 the
/ legislature of the territory of Utah passed
what is entitled An act regulating mar
riages- 1t will be found in ? Compiled
| Laws of Utah of 1888, page 81. The sec
ond section of that act provides. that mar
wnere there IS a husband or wife living,
from wnom the person is not divorced
Law Against Polygamy.
| Il understand we'll enough that there
is sentiment among certain members of
| the house that there ought to be in the
| enabling act a provision that the con-
! stltuton OF the state shall make polyg-
amy punishable as a crime. There is no
substantial objection 10 that In 1888 the
people OF the territory of Utah proposed
70 insert such a provision in their con-
! stltution. The only objection that there
| IS 70 II does not come from the Mormons
/ or the Mormon people. The territory has
! enacted stringent laws for the suppress
/ sion of polygamy. There are other pro-
I visions to which might refer relating 10
tne meInods by which these laws shall
Now. the laws to which 1 have re-
Ierred, enacted by the territorial legis-
lature, will, by the operation of this pro-
vision of the enabling act, be continued
/ IN force under the state government. 1t
/ is true that the legislature of the state
| might, il it saw fit, repeal or modify those
statutes. but polygamy would be unlaw-
ful, Polygamous marriages would be in
| utes upon the passage of this enabling
| act without any provision in the cOnSti-
tuition or in the enabling act other than
what have read providing against
This objection which have. as have
already stated. to the definition of the
oftenSe of polygamy in the constitution
is that if that provision be adopted by
congress 1t will leave the matter in an
that il will repeal, for instance the stat
utes that L have read, enacted by the
legislature Of the territory; because the
definltion OF polygamy' as contained in
the amendment OF the minority is in
consistent with these statutes; it rather
tends. in my judgment. to prevent the
exercise of the full authority on the part
of the state powers TO prevent any re
yival of this obnoxious practice. and we
intend, in my belief-tnat it shall be re-
vived.
There is. I think. nobody in the ter
whatever to revive it, The leaders of the
Mormon church have solemnly professed
and pledged their faith and honor and the
faith and honor of the people-the entire
people Of the Mormon church--that they
will not revive this practice. They did
to the president, and all the leading fed
eral officers in the territory Joined in
a statement that they believed these
men were sincere in asking the president
TO exercise his clemency in their behalf
IN accordance with the petition.
Pledge from Rawlins.
mormon
Gus marriages IN Utah. so far as known.
within the last eight or ten years with
few exceptions and the public declara-
ton of the Mormon church is that there
has been a diScontinuance of the prac-
uce. The legislature has enacted every
law required for the prevention of tbs
these facts no provision is necessary. in
my Judgment, although / am unwilling
to consent that the amendment proposed
by the gentleman from Vermont. which
mas been read, may be adopted
Now, the people of Utah have more
at stake upon this question than gentle
have Travelled among these people, met
them in every locality, discussed ques-
know them as well as any man can know 1
a people, because / have been with them |
an my 1ue < tulnk uhdersSahd Ihe |
sentiment that prevails among those who |
are uppermost in the councils of the DO |
htical parties in the territory of Utah and |
who would be likely to dominate its af- |
fairs in case it be admitted as a state. |
and l am prepared to say upon my con- |
science that 1 believe these people can |
be safely entrusted with the full meas |
ure of self-government which would be |
accorded under statehood.
Now. Mr. Chairman, let me say that /
a change has taken place in Utah. How
that change has been brought about may |
be interesting to gentlemen who are not /
familiar with its history. The making |
and enforcement of laws by congress has
had something to do with it. There IS /
no question about that But there has
in the territory of Utah a sentiment I
among the people who have been born
and brought up there which has had |
great deal to do with this change The
eradication or diScOntinuance of pOlyG-
amy is perhaps first due to external pres
sure. but still more largely to the et-
forts of people within the Mormon church
itself to bring about the reform of the |
organization in that respect. -(See H. r. I
Fifth - Contrary to the =
\ pledges required by the enab- \
= ling act and given in the state 4
= constitution. =
The enabling act approved July TO-
And said convention shall provide by
ordinance irrevocable without the con-
sent of the United States and the people
o. said state:
'.First-That perfect liberation of re-
ligiOuS sentiment shall be secured. and
that no inhabitant of said state shall ever |
be mOlested in person or property on &C
count of his or her mode of religious wOr-
ship; provided, that polygamous OF. plural
Pursuant to the said act. a cOnstitu-
tional convention was held at Salt Lake
Henry Smith was president and Apostle
Moses Thatcher a member. and the fol-
lowing provisions were, and are. part
of the constitution framed by that con-
vention and adopted by the people:
''ArticIe III-ordinance.
THE following ordinance shall be ir-
revOcable without the consent of the
United States and the people of this
state:
''First-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 mode of religious worship; but
polygamous or plural marriages are for
ever prohibited.
''Article xXIV-ScheduIe.
See. ?. All laws of the territory of Utah
now IN force, not repugnant to this con-
shall remain in force until they I
expire by q ir own limitations or are
altered or .epealed by the legislature
The act of the governor and legislative
assembly of the territory of Utah en-
Titled An act to punish polygamy and
other kindred offenses, approved Feb. 4,
a d 1872 in so Tar as the same defines |
and imposes penalties for polygamy. is
of Utah.
The binding force of the pledges thus
given to the people OF the United States
was recognized by the leaders of the
Mormon church. for the reason that
when Utah sought admission into the
Union in 1888 il offered a constitution
containing such condition in respect TO
the practice of poIygamy as is now in
corporated in the enabling act and in
Utahs constitution Hon. jeremiah NJ
wilson, distinguished lawyer was then
employed by the dominant church OF / !
Utah and made an argument before d | !
80 =. I