UTAH TERRITORY AND ITS LAWS.
POLYGAMY AND ITS LICENSE.
SPEECH of the Hon. J. S. MORRILL, of Vermont,
In the House of Representatives, Feb. 23, 1857.
The House being in the Committee of the Whole on the State of the Union, and having under consideration the bill making appropriations for the Territory of Utah,
Mr. MORRILL said: Mr. Chairman, it was my pur-pose at an earlier period of the session to have submit-ten some remarks upon the Territorial laws of Utah and the "patriarchal institution' of polygamy which there prevails. With this object in view, I introduced a resolution into the House as early as the 19th day of January, calling upon the President for official informa-tion known to be on file in the Departments relative to certain facts pertaining to the subject. But up to this time no response has been made—whether because, if made, it would have been found incompatible with the interests of Mormonism or the interests of the outgoing Administration, the public will judge. Having read the Territorial laws of Utah, which many of the mem-bers of the House may not have had an opportunity of doing, I have thought it might prove of some service to make an expose of their peculiar character. I could have reached my object any time that I could have got the floor, by making a motion to take up a bill which is now pending upon a motion entered for re-consideration; but I felt unwilling to consume the time of the House when it was evident that from the press of other matters, no legislation could follow. For these reasons I gave notice of my purpose, and ob-tained consent to publish what I had to say, with some liberty of expansion.
The report of Chief Justice Branderberry, Associate Justice Brocchus, and Secretary Ferris, for the Terri-tory of Utah, to the President of the United States Dec. 19, 1851, and printed in Executive Documents in 1851-52, was regarded at the time as too extravagant for belief. Subsequent events have shown that the pic-ture was not too highly colored. Many of the statements made in the report alluded to are of so grave import, and the Mormons having, by continued snubbing, finally subdued the General Government into absolute compliance with their wishes that I shall reproduce them here, in order to refresh the memory of gentlemen with a chapter of history. Commencing on page 8, document25, of the report, it reads:
"We found upon our arrival that almost the entire popula-tion consisted of a people called Mormons; and the Mormon Church overshadowing and controlling the opinions, the actions, the property and even the lives of its members, usurping and exercising the functions of legislation and the judicial business of the Territory; organizing and commanding the military; disposing of the public lauds upon its own terms; coining money, stamped 'Holiness to the Lord,' aad forcing its circu-lation at a standard fifteen or twenty per centum above its real value; openly sanctioning and defending the practice of polyg-amy, or plurality of wives; exacting the tenth part of every-thing from its members, under the name of t’thing, and enor-mous taxes from citizens not members: penetrating and super-vising social and business circles; and inculcating and requiring, as an article of religious faith, implicit obedience to the counsels of 'the Church, as paramount to all the obligations of morality, society, allegiance, and of law.' * * *
"Our main reliance was upon Brigham Young, the Governor, for no man could govern them against his influence without a military force
“We were informed afterward that Mr. Blair had made sev-eral private applications to the Governor to know if he would allow an interview to the Chief Justice, but he refused, de-claring that 'he did not wish an introduction, for none but Mor-‘mons should have been appointed to the offices of the Territo-‘ry, and none others but d--d rascals would have come among 'them.' * * * * * * *
"The Governor rose to address the audience, and a profound silence ensued, as is always the case when he rises to speak. After reflecting in terms of condemnation upon the alleged hostility of Gen. Taylor to the Mormons, and to giving them a government, he exclaimed, in a loud and exulting tone, 'But ‘Zachary Taylor is dead, and in hell, and I am glad of it' Then drawing himself up to his utmost hight, and stretching his hands toward heaven, he declared in a still more violent voice: 'And I prophesy in the name of Jesus Christ by the power of 'the priesthood that is upon me. that any President of the 'United States who lifts his finger against this people shall die 'an untimely death and go to hell' To this sentiment there came up from those seated around us, and from all parts of the house, loud and mingled responses of ‘Amen!' 'Good!' 'Hear!'
"Upon a subsequent occasion (the 6th of September), in reply to the remarks made by one of the undersigned (Associate Jus-tice Brocchus) upon the subject before a large audience, the Governor reiterated and declared. 'I did say that Gen. Taylor was dead and in hell; and I know it' A man in the crowd, seemingly to give the Governor an opportunity of fixing his truth, spoke out and said, 'How do you know it?' To which the Governor promptly answered, 'Because God told me so.' An elder, second only to the Governor in the church (Heber C. Kimball), laying his hand on the shoulder of Judge Brocchus, added, 'Yes, Judge, and you'll know it, too; for you'll see him when you get there.'
"Upon the following Sunday the Mayor of the city, Jedediah M. Grant, in eulogizing the strength of the Mormons, exulting-ly declared from the pulpit, in presence of one of the under-signed (Mr. Ferris), ‘That now the United States could not 'conquer them by arms.' Brigham Young the Governor, an-nounced with great vehemence from the stand to the individu-als, while the people were thus excited by such sentiments, 'that he ruled that people for years, and could rule them again; 'that the United States Judges might remain in the Territory 'and diaw their salaries, but they should never try a cause if he 'could prevent it.'
“A other speaker, already referred to, standing second in the church (Heber C. Kimball) encouraged by the example t him by the Governor, declared in a speech at a public meeting 'that the United States officers might remain in the Territory so 'long as they behaved themselves, and paid their boarding; but 'if they did not, they (the Mormons) would kick them to hell, 'where they belonged!'
"The preacher, Prof. Spencer 'of the University of Deseret,' 'if tong other expressione Mellnons) w declared thiem to hell,' 'when policy of thiged!'
"The pithcher, Prof. Spencer 'of the University of Deseret,' among other expressions of ill-feeling, declared that 'the law's 'and policy of the United States Government were intended to 'oppress the po r;' and turning his eyes upon us, in presence of this large audience further declared: The Government of the 'United States is a stink in the nostrils of Jehovah, and no won-'der the Mormons wish it down. We can save it by theocracy; 'but rather than save it any other way we will see it d—d first.' Another Mormon (Albert Carrington), in refusing to join in firing a sa ute on the 4th of July, declared to Judge Brocchus and others, 'that the United States was going to hell as fast as 'it could, and the sooner the better'"
HOSTILE TO REPUBLICANISM.
The Mormons are quite as hostile to the Republican form of Government as they are to the usual forms of Christianity. In their official correspondence with Government they are respectful, but at home publicly and privately, they indulge in the coarsest and most brutal assaults upon the United States Government and its officers. Officially courteous, they are everywhere else malignant backbiters and traducers. This is proven by the correspondence publisher in the Execu-tive Documents (First Session of the XXXIId Con-gress) from which liberal extracts have been given. It is proven by the united testimony of “Gentiles" who have visited the country, and it is corroborated to any extent by the passages from the sermons weekly delivered at Great Salt Lake City, and then revised and published in The Deseret News. They desire a kingly government, in order to make their patriarchal insti-tutions more homogeneous. When they started out for Utah, it was with the purpose of establishing a kingly government; but the Mexican war coming on, the United States boundaries overtook and again inclosed them. Chagrined at this uncalculated result, they sent to England for permission to occupy Vancouver's Island and to erect an independent government. This being refused them, they submit to a nominal allegiance, and lie in wait for an opportunity of defiance and revolt, when they can reach the 'crowning glory" of their schemes and of Brigham Young at once. This man publicly proclaims, as I learn upon the au-thority of a gentleman but recently an officer in the Ter-ritory (Major Holmn) that "God Almighty made him Governor; that the commission doesn't do it." In the report (page 15 of the Executive Documents) before cited, a specimen of the hostility of Governor Young may be seen in his own words, thus: "I know the “United States did not murder our wives and children, "burn our houses, and rob us of our property, but they "stood by and saw it done, and never opened their "mouths, the d---d scoundrels." The number of the wives of Brigham Young is ariously stated from 60 to 90; and whether so large that no man can number them or not, he is understood to decline they are so large that he does not know the number, and does not always know or remember those he meets who claim to be his wives. Yet this man holds his commission as Gov-ernor, in defiance of the whole power of the United States Government, and proclaims, “I shall act as Gov-“ernor until God Almighty says to me, Brigham, you "needn't be Governor any longer."
Judge Stiles (Mormon), in a speech made at a mass meeting in the Spring of 1856, declared that "the "United States was crumbling and tottering, and the "day was not far distant when he hoped to see it fall "back into the arms of Deseret (Utah)."
Of course this is utterly impotent, but it conclusively shows the unfitness of the man for a high judicial sta-tion, and he should be removed. All the United States fficers appointed in Utah since Anno Domini 1851, ave the Surveyor-General, Burr, are either Mormons r actively engaged in some sort of business or specula-tion which incapacitates them for a faithful and impar-tial discharge of their duties. Judge Drummond is a horse-trader; Judge Kenney is largely in the mercan-tile business.
From an article in The Deseret News of April 18, 1855, highly commended, I take the following extract:
"It is comforting to turn from the dark and cheerless pros-pects of Babylon, to the more hopeful signs of the rising power and glory of Zion. Never was it more manifest that the Lord stands at the helm than at present; and never was the work more onward! For the Saints in Zion there happens just suffi-cient disturbance, through apostates, mobs, United States offi-cials, or Indians, to prevent them from being lulled to sleep, and to make them alive to their privileges." * * * "Dwelling in the midst of the mountains, they have every natural help to life and vigor, every circumstantial incentive to bravery and hero-ism and fortitude, and every inducement to careful and perse-vering industry; while their isolated position—a thousand miles from the fashions and follies of Christendom—gives them ample room to grow and expand into a free great, mighty, courageous and generous people, untrammered by the narrow Gentile no-tions of Babylon, uncorrupted by the abominations of a degen-erate world."
Evidences of this character might be multiplied to al-most any extent, but I shall give but few specimens more, and those of a later date.
In a sermon delivered by President Brigham Young, Bowery, Aug. 31, 1856, and published in The Deseret News of Sept. 17, 1856, he said: "True, we have “more wives than one, and what of that? They (the Gentiles or 'wicked') have their scores of thousands of "prostitutes; we have none."
This is an imputation against American women which their known virtue sufficiently refutes. Its char-acter is very like the charge, as related by Hume, of a Turkish Embassador in France. “We Turks" says he, “are great simpletons in comparison of the Chris-"tians; we are at the expense and trouble of keeping "a seraglio, each in his own house; butyou ease your-“selves of this burden, and have your seraglio in your "friends' house" It is natural that the Mormons’ should sympathize more with Turks than with Chris-tians.' Accordingly, they do rank them higher in the scale of civilization repeat their slanders, and assimi-late their domestic institutions.
In the same sermon brother Brigham proceeds, mingling clownish jokes w th priestly roaring, to say:
"Mormonism is true, and all hell cannot overthrow it. They have succeeded in making us an organized Territory, and they are determined to make us an independent State, or Govern-ment, and as the Lord lives it will be so. [The congregation shouted amen]. I say, as the Lord lives, we are bound to be-come a sovereign State in the Union, or an independent nation by ourselves, and let them drive us from this place if they can; they cannot do it. I do not throw this out as a banter; you Gentiles, and hickory and bass-wood Mormons, can write it down if you please, but write it as I speak it."
The lack of patriotism and the ingrained hostility of the Mormons to our Republic, admit of no dispute. I would not punish them for these facts, but they are not such facts as are calculated to excuse the wrongs of a deeper dye.
PECULIAR LAWS.
I desire to call the attention of gentlemen specially to the whole cede of the Territorial laws of Utah. And in the first place, it is to be observed that by section 6 of the act of Congress, providing for the organiza-tion of the Territory, it is provided that "all the laws "passed by the Legislative Assembly and Governor "shall be submitted to the Congress of the United “States, and, if disapproved, shall be null, and of no “effect." The organic act also provides that the Gov-ernor "shall hold his office four years, and until his "successor is appointed and qualified, unless sooner "removed by the President of the United States." This provision enables weak Administrations to con-tinue any Governor in his place for life, when once in power without the direct responsibility of making the appointment, or, if a new appointment is made, it can be conferred upon one (like Col. Sieptoe) who wi l be sure to decline it. It is by this hold-over clause that Brigham Young is perpetuated in office. I design to cite some of the Territorial laws to show how far this Governor Young has monopolized not only the re-ligions, but the civil and military power of the Terri-tory. If I am not mistaken it will appear that he has, with and without forms of law, secured to himself more desputie power than is now exercised by any ruler on the globe where written constitutions are observed; and the Congress of the United States thus far does not “disapprove" it.
On page 217 of the laws will be found:
"SEC. 55. The battalion of life-gnards in Great Salt Lake County shall be an independent battalion, not attached to any brigade or division, and shall be subject, at all times, to the call of the Governor and Lieutenant-General."
This corps aspires to a Napoleonic modal—a Swiss body guard—and whether for purposes of offense or defense, or for the pomp of military displays, is liable to all the suspicions republicans have ever entertained against usurpers and against a standing army in time of peace. It is not enough that the Governor is com-mander-in chief of the Nauvoo Legions, spread over eleven districts, that a l elections for filling the office of Lieutenant Genera1 shall be ordered by the Governor (see Laws, page 207), but se must have a battalion of life-guards attached to nobody but himself, and at all times subject to his call!
With the Governor seems to be lodged not only all control over the manufacture of "spiritual wives," but the manufacture of all other "ardent spirits." On page 108 of the Laws, section 2, will be found as fol-lows:
"Be it further ordained, That when the Governer shall deem it expedient to have ardent spirits manufactured within this State, he may grant a license to some person or persons to make and vend the same, and impose such restrictions thereon as he may deem requisite."
There is a wide latitude of power here, and a confi-dence that might suffer some loss should a change occur in the office of Governor. Undoubtedly it cre-ates a monopoly from which a princely revenue may be derived, and of which no legal returns are provided for.
In a new country like Utah there are few bridges, and the rivers are either to be forded or passed by fer-ries. These ferries and bridges seem to be monopo-lized by the Governor and the leading elders, who are thereby enabled to extort very considerable tribute from the emigrant travel passing through to California. On page 267 of the laws will be found an act granting to the Governor exclusive privileges over two of the principal rivers, and which might be supposed to afford the best chances for the largest amount of tolls, as follows:
"SECTION 1. Be it enacted by the Governor and Legislative Assembly of the Territory of Utah, That Brigham Young is hereby empowered o establish, regulate, and control ferries and bridges on Weber and Bear Rivers, east of the main range of the Wahsatch Mountains, and to specify the rates of toll for the use thereof"
All other acts ate repealed, and all other persons are to be subject to costs and damages if they operate, in any manner, ferries and bridges on those rivers. The act is unlimited as to time and as to rates of toll. That there rates are and will be oppressive, emigrant travel-ers furnish ample testimony. When similar grants are bestowed upon lesser lights of the church, such as brother Joseph Young, John Young, Joseph Busby, William P. Empy, Charles Hopkins, A. Wardsworth, O. Hyde, D. H. Wells, or others, the grant is restric-ted, as to time; 10 per cent is to be paid over to the per-petual emigration fund, and the rates of toll are fixed. On page 246 of the laws will be found an act of this sort, which I will give as a specimen:
“SEC. 1. Be it enacted by the Governor and Legislative As-sembly of the Ter itory of Utah, That Joseph Young and Wil-liam Y Empy have the right to establish a ferry or ferries across Bear River for three years (during the ferrying seasons of each year) from the passage of this act, at a place which will best subserve the public interests between the mouth of said river and a point five miles east of the mouth of the Kanyon."
“SEC. 3. The said Young and others shall pay ten per cent of all they receive as toll on said ferries and bridge, to he Treas-urer of the Perpetual Emigrating Fund Company, on oath or af-firmation, on or before the 1st day of September, annually.”
The rates of toll are, for one man, 25 cents; one ani-mal and back, $1; wagon and two animals, $3; with four animals, $6, &c.
These rates would appear a little inflated; but then it is to be noticed that these prime favorites are put under bonds to disgorge 10 per cent in some cases not but 5 per cent) of any such excess for the benefit of proselyting foreigners, or the Perpetual Emigrating Fund. I will give a section of another similar act (on page 244) of the laws:
"SEC. 1. Be it enacted by the Governor and Legislative As-sembly of the Territory of Utah, That Joseph Busby have the exclusive right of erecting a ferry or terries, on Ham's Fork River, for the term of five years, from and after the passage of this act, at some point within tis Territory, for the accommo-dation of the emigration from the States to California, Oregon and this Territory, provided e pay upon oath five per cent of all moneys collected on said erry, or ferries, into the Treasury of the Perpetual Emigrating Fund Company, for the benefit of said Fund, on or before the 1st day of September of each year."
When these persons fail to establish ferries or bridges, power is given to the Governor to appoint some other person o establish them (See Laws, p. 247.)
In order more ffectually to hold all Mormons within the gripe of the Church, and compel them to discard all other tribunals, it is their policy to discard and drive out of the Territory all lawyers. That profession seems to be readed as their natural foe. In the Ter-ritorial Law, page 139, the lawyers come in for it in this style, viz:
"SEC. 2. No person or persons employing counsel in any of the Courts of this Territory shall be compelled by any process of law to pay the counsel so employed, for any services rendered as counsel, before or after, or during the process of trial in the case.”
"SEC 3. It shall be the duty of the Judges of all Courts in the Territory to forbid and prevent all indecent and exciting language and behavior in their Courts, and in case of a rebuke to counsel being disregarded and resented by said counsel, it shall be the duty of the Judge giving such rebuke to nullify the right to plead of snch counsel, and to take measures to prohibit him from being heard as counsel in any Court of this Territory, until such time as satisfaction has been given for his good con-duct in future. And it shall further be his duty to impose a fine on such counsel not exceeding one hundred dollars, as he may deem just; and he may commit said counsel to prison dur-ing the term of the Court then being holden.
"SEC. 5. Any attorney, or person otherwise assuming to ap-pear before any Court in this Teritory, in any cause whatever, shall present all the facts in the case—whether they are calcu-lated to make against his client or not—of which he is in pos-session, and shall present the best evidence that he can in the case to the intent that the true state of the case in litigation may be presented before the Court; and for a failure to do so, or to comply with all the requirements of this act, shall be liable to all the penalty hereinbefore provided for, and the further penalty of not less than one dollar, at the discretion of the Court"
This is a tight place for lawyers. They must work without any legal claim for pay. They must not use “any indecent language," nor get excited. They most prove
"All doctrines plain and clear"
on both sides of the case at once, being liable, for con-tempt, and for all sorts of short-comings, to severe and summary punishment. Peter the Great, when in En-gland, said, "there was but one lawyer in Russia, and “he was going home to hang him." The number in Utah cannot be much greater than then existed in Russia.
On page 390 of the Territorial Laws is a resolution of rather comprehensive dimensions, but not wholly bad, which authorizes each county to elect a Council of twelve as referees, to decide all cases of litigation brought before them by mutual consent, their decision to be final; but not to vest in said Council any judicial power. This, if designed to settle all differences peace-ably and without costs, is well; but if for the purpose of concentrating all power in the Church, it would wear a different aspect.
The act organizing the Territory of Utah "provided "that the right of suffrage and of holding office shall “be exercised only by citizens of the United States "including recognized as citizens by the treaty “with the Republic of Mexico, concluded February "2, 1848;" yer aliens are allowed to vote and hold office. Mormonism is the higher-law qualification. In point of fact, the voters are mere machines to regis ter the edicts of President Young. No one dares to throw a scattering vote; and hence the result is nearly always a unanimous vote. The President nominates, and The News publishes the nomination, and the Yan-kee and the Scot, the Welshman and the Swede, the Sandwich Islander and the Australian, all echo the same note. In order to be able to strangle any discord-ant or rebellions votes in their infancy, while the vote by ballot is established, they use the ballot as an irre-fragable witness to ear-mark the voter. The act on page 233 of Territorial Laws will show the effectual means used to track out and hunt down any one of their number who should have the presumption to mar the unanimity of the ballot box, and thereby the equanimity the Lion of the Lord. Here is the law:
"SEC 5." * * * “Each elector shall provide himself with a vote containing the names of the persons he wishes elected, and the offices he would have them fill, and present it neatly forced to the judge of the elections who shall number and deposit it in ballot box; the clerk shall then write the name of the elector, and opposite it the number of his vote.”
It was a so provided by the Organic Act that “No "law shall be passed [by Utah] interfering with the "primary disposal of the soil." Yet it is notorious that all the valuable portions of the land are squat upon; and the Territorial Assembly gives the power to occupy, rent and transfer these rights of claims. Of course there is no necessity for any title to land from the United States. To buy that would be spending money foolishly. The Mormons know better. They have possession, and that is a good title against the United States. But land is reckoned rather valueless without wood and water; and these latter are monop-olized not only by the Mormons, but by a few Mormons—the Governor and his Apostles. It is only in prox-imity to the mountains in Utah that "wood grows or water runs." Whoever controls these places com mands the destinies of the people, and sets his own limits to his wealth. The grants for these privileges are numerous (vide Territorial Laws, pp. 63, 64, 72, 73), and the Prophet and his Apostles have no "moral convictions" against such special legislation. As a sample of these acts—an adobe from the Mormon tem-ple—I will give here (page 63, chap. vii:)
"Be it ordained by the General Assembly of the State of Des-eret, That Brigham Young have the sole control of City creek and kanyon, and that he pay into the Public Treasury the sum of $500 therefor."
As all the land requires to be irrigated to make it fruitful, the sole control of the City creek may he con-sidered the cream of these special grants; and Brother Brigham doubtless finds the revenue squeezed from the Great Salt City very convenient for the maintenance of his Utahpian spiritual views.
Other elders are fatly provided for. On page 64 of the Territorial Laws, it reads in favor of the Presi-dent of the Council thus:
"Be it ordained by the General Assembly of the State of Deseret, That Heber C. Kimball have the exclusive privilege of conveying the waters of North Mill Creek Kanyon, and the waters of the kanyon next north, to wit: About half a mile distant, to some convenient point below the mouth of the two kanyons, and of appropriating the same to the use of a saw-mill, grist-mill and other machinery."
By reference to the Territorial Statutes it will be seen that the names of Young and Smith occur so fre-quently as to suggest the idea that they are generic terms. Here is a law, on page 72, which clearly in-terferes with the primary disposal of the soil, in favor of one of the twelve apostles, as follows:
"SECTION 1. Be it ordained by the General Assembly of the State of Deseret, That the exclusive control of the timber in the kanyons on the east side of the range of mountains west of Jordan in Great Salt Lake County, is hereby granted to George A Smith, who is hereby authorized to control the timber in said kanyons, to work reads into them, and to direct when, where, and by whom, timber may be taken out therefrom."
"SEC.3. No person shall be allowed to cut timber in any place in these kanyons, without permission from the proprietor, who is hereby authorized."
Lest these special grants should not cover all the valuable timber lands I will extract another law which places "all timber" under the control of the County Court.—Vide Territorial Laws, p. 127:
"SEC. S. The County Court has the control of all timber; water privileges, or any water course or creek; to grant mill sites, and exercise such powers as in their judgment shall best preserve the timber, and subserve the interest of the settle-ments, in the distribution of water for irrigation, or other pur-poses. All grants or rights held under Legislative authority shall not be interfered with."
To strip and waste the timber on land is to destroy its value; especially so in Utah, where timber in not plentiful. Even contingent proprietors have the right by common law to prevent such waste. But here are "proprietors" set up by Utah against the world, when Utah is as much without a title as was Satan when he made some rather extravagant proffers to our Savior. Besides, spoliation of timber is an offense against our own public laws for which the Government is to be in-demnified, and for which the trespassers are liable to prosecution. While we are prompt enough to suppress these depredations in Michigan, Wisconsin, and Min-nesota why should we not hunt up the offenders in Utah and report them for such action as the public in-terest requires.
By the adroit course pursued by the Mormon people of Utah, it does not appear, as late as the 30th of June, 1856, that any of the public lands of the United States located in Utah have been disposed of. There are 120,270,720 acres of land in Utah. The amount given to schools and the University is 6,681,707 acres. The amount of what is termed vacant public lands is 113,589,013 acres; so that it does not appear, although 220,377 acres have been surveyed that a single acre has been sold in Utah, or that the United States has derived one dollar of income therefrom. Under this sharp practice of the people of Utah, the public lands of that Territory are, and will forever remain, utterly worthless for all purposes of revenue to the Govern-ment of the United States.
President Young is reputed to be a good financier, and it is quite evident that he is wideawake to the temporal interests of the prophet. It is the policy of the Mormons to teach their followers to value property only as it advances the interests of their church had its prophet, apostles, high-priests, and elders. The prophet Joseph had a revelation that be must not work. He then had another that the faithful must build him a house. All this, and much more, was implicitly obey-ed. But the prophet Brigham does not trust himself altogether to the fulfillment of any such seemingly pre-carious prophetic revelations. New comers must sur render at once a tenth of all they possess; and he can not be cheated neither, he says, in old spavined horses, and they must annually tithe themselves or go to hell at lost. Tithing is the sharp point of their sermons and the burden of their songs. From The News of April 18, 1856, I extract a verse, sung at a meeting of the thirty-seventh quorum, containing more truth, perhaps, than poetry:
"Now male and female, rich and poor,
Who wish to keep your standing sure,
That you salvation may secure,
'Come forward and pay up your tithing!’
A tenth that is, and nothing less,
Of all you do, may possess,
In flocks and herds, and their increase,
With pigs and poultry, ducks and geese;
A tenth, indeed, of all your toil,
Likewise the produce of your soil,
And if you've any wine or oil,
‘Come forward and pay up your tithing!'
"CHORUS—Then, if to prosper you desire,
And wish to keep out of the fire,
Nay, if you to be saints aspire,
'Come forward and pay up your tithing!'"
President Young is doubtless far the richest man in the Territory; and though his wives may not, as some others are seen to do, work in the field some portion of his harem have sought to do washing for United States soldiers passing through there, to obtain pin-money; for Brother Brigham is supposed to be not so lavish of hard cash as he is of the "blessings of Abraham." He owns quite a number of saw-mills, as well as a wool-carding machine, which he advertises in The News. His various monopolies of wood and water in the kan-yons must be very lucrative if not oppressive privi-leges. But he tells Isaacher Mormon: "If you mur-'mur against that, elder, it will prove your damnation." In a sermon delivered December 5, 1853, he says:
"If an elder has borrowed from you, and you find he is going to apostatize, then you may tighten the screws upon him; but if he is willing to preach the Gospel, without purse or scrip, it is none of our business what he does with the money he has bor-rowed from you. The doctrine of Brother Joseph is, that not one dollar you possess is your own; and if the Lord wants it to use, let it go; and it is none of your, business what He does with it."
A strict compliance with the ordinance of tithing is exacted, or the "village Hampdens" are excluded from the Church; and a religious excommunication in Utah is more terrible than anything of the sort can be else-where—subjecting the party to all sorts of petty perse-cutions. An outlaw growled at by the priests, is barked at by all of lesser degree.
In the last report of the Commissioner of the General Land Office, after stating that Salt Lake City is far greater in extent than it is entitled to be under the town-site act of 1844, the Commissioner says:
"It is further stated that the public domain in the city and out of the limits thereof, settled by Mormons, is being conveyed by the members of the Church of Latter Day Saints, in consid-eration of their good will toward the Church, to Brigham Young, Trustee of the same, he requiring them to defend the property thus conveyed against any one."
The Commissioner very properly says:
"This proceeding in the Territory is incompatible with our system, and suggests the propriety of Congressional interposi-tion."
Thus it will be seen that, notwithstanding the taxes, which with the tithings are said to amount in all to 32 per cent annually of all the earnings of the people, the apostles, high priests and patriarchs are not content with their income. They have, therefore, had a revela-tion commanding all the Saints to consecrate all their property to the Church. Those who comply remain tenants at will, subject to the caprice and any new rev-elation of the rulers of the Church. It would be diffi-cult to conceive of a people doomed to a more abject submission than the forty thousand Mormons in Utah. "Congressional interposition" is demanded.
I propose now to give a statement of some of the ap-propriations which have been made for the benefit of Utah from 1851 to August 18, 1856:
For salaries of Governors, Judges, Secretaries, &c..$73,160 69
Compensation, mileage and contingent expenses of Legislative Assembly....................... 155,168 37
1854, Refunding to Territory of Utah expenses in sup-pressing Indian hostilities................ 20,940 65
1855, Incidental Indian service...................... 20,000 00
1855 Penitentiary................................... 13,000 00
Under treaty obligations for annual presents........ $10,090 00
Total.........................................$292,299 02
Here is nearly $300,000, and it does not include the mail service, public buildings, and $20,000 more on penitentiary, and some other items. Part of this has not been expended, and part expended is understood to be unaccounted for. Large appropriations are still asked for the Territory. The amount of $20,910 65 was refunded by the United States, for Indian hostili-ties, but the United States officers at the time in the Territory declare no war at all existed. The cost of the transportation of the mails in Utah is $14,753 04 per annum, while all the postage collected is $2,064 74.
Two townships of land have been voted by Congress to establish a university; but the university exists only in name. Money was asked for; and when land was given instead, it turned out a joke, for all the land there worth having can be had on the squatter-stealing prin-ciple. Instead of such a driblet as two townships, they seize the whole Territory. Even the act for $5 000, at first passed by the Utah Legislature in behalf of the University, has been repealed.
We have memorials from Utah begging for money to pay for the provisional government of 1849, for a geo-detic survey, for completion of the capitol, for a weekly mail, a railroad, military road, magnetic telegraph, &c.; but it seems to me when so much has already been ap-propriated, and when such liberal sums are asked for—"so many folds of favor"—that ingratitude and dis-loyalty furnish sorry requitals for our liberality.
Governor Young's memory touching money matters is hardly as accurate as a prophet's should be. In his report to the President, June 30, 1856, he says:
"In this connection, it may not be amiss for me to state, that nearly two years have elapsed since Congress appropriated over $40,000, for the express purpose of making treaties, &c., with the Indians of Utah; that their lands have been traversed by Government surveying parties now almost a year, and still not one dollar of that appropriation has yet been expended within this superintendency, and for aught I know, is still fast in the coffers at Washington Is this just? Has it any precedent in usage toward tribes in any other State or Territory?—more es-pecially when the relative conduct, facilities and advantages of the various tribes are taken into account."
Upon this statement, the Secretary of the Interior, in a foot note, places the following extinguisher:
"Gov. Young is mistaken in this, as the records of the Indian Offices show that drafts to the amount of $27,074 80, drawn by himself and agents, Hurst and Armstrong, have been paid out of this appropriation for Indian purposes in Utah."
It will be seen in the Territorial Laws, page 132, that, beside jurisdiction relative to the estates of de-ceased persons:
"SEC. 30. The several probate courts in the respective coun-ties have power to exercise original jurisdiction, both civil and criminal, and as well in chancery as at common law, when not prohibited by legislative enactment,” &c.
This would seem to be a pretty extensive jurisdiction for a court comparatively ranking with the common justice courts of the States; but, although they are to have criminal as well as chancery and common law jurisdiction, there is another act which relieves the court from a throng of puzzling embarrassments. It is to be found on page 260 of Territorial Laws, and proudly elevates the courts of Utah high over the heads of all other courts, and the Territorial Legislature above all other law-making tribunals, as follows:
"SEC. 1. He it enacted by the Governor and Legislative As-sembly of the Territory of Utah, That all questions of law, the meaning of writings other than laws, and the admissibility of testimony, shall be decided by the Court; and no laws, nor parts of laws shall be read, argued, cited or adopted in any Court during any trial, except those enacted by the Governor and Legislative Assembly of this Territory, and those passed by the Congress of the United States when applicable; and no report, decision or doings of any Court shall be read, argued, cited or adopted, as precedent in any other trial."
Here is a studied attempt to cultivate legal igno-rance, or, if not that, to ignore all the world save the legal Solons of Utah. The Solon of to-day is, besides, to have no respect for the Solon of yesterday! The policy of bringing up precedents would institute com-parisons, and "comparisons are odious;" therefore they are interdicted by the Governor and Legislature of Utah.
There are many other laws of the Territory which in-vite comment quite as much as those already cited. For instance, there is a law which allows them to remit taxes to any favorites they choose; to tax any person they may think is about to move from the country; to take into custody the property of any person on com-plaint of anybody that he is about to remove, and is in-debted to some person; to take "all property left by “any deceased or absconded person, when there is no "legal claimant known, or sufficiently near to see to it "in reason," for the benefit of the perpetual emigrating fund. All these laws, as worded, are liable to very great abuse, and would not be harmed by considerable pruning.
AFRICAN SLAVERY.
According to the theory of Mormonism, Divine revelation has made no progress; and neither Christian-ity nor Mormonism, as they say, denounces habits or practices which were permitted unto Abraham or Solomon. In a discourse delivered August 3, 1856, by President J. M. Grant, published in The Deseret News, I find such ideas as the following:
"When you read of the gifts that were bestowed upon and circulated among the people of God, you certainly would not wish others to suppose that mere reading about them puts yon in possession of the same blessings
"Brethren and sisters, we understand the difference between enjoying and reading of enjoyment—between history of a feast and the feast itself; also, between the history of the law of God and the law itself"
Bondage and Polygamy are therefore Bible doctrines, and no revelation can be true that is inconsistent with any portion thereof. Vices or crimes recorded in the Bible—as, for instance, the incest of drunken Lot and his daughters, the murder of the Egyptian by Moses, or the seduction of the wife of Uriah by David—would appear to furnish precedents of as much authority with Mormons as virtues, or as the example of Joseph, or of the good Samaritan.
Negro slavery already exists to a limited extent in Utah. Perhaps there are not more than one hundred negro slaves now in the Territory. The law under which they are held is as follows (Territorial Laws of Utah p. 161, chap. 17. sec. 3):
"That any person bringing a servant or servants, and his, her or their children from any part of the United States, or other country, and shall place in the office of the Probate Court the certificate of any court of record under seal, properly attested, that he, she or they are entitled lawfully to the service of such servant or servants, and his her or their children, the Probate Justice shall record the same, and the master or mistress, or his, her or their heirs, shall be entitled to the services of the said servant or servants, unless forfeited as hereinafter provided, if it shall appear that such servant or servants came into the Territory of their own free will and choice."
This patriarchal institution, when upheld by real Mormon patriarchs, assumes a new shape. It calls things by a softer name, and instead of slaves, we have "servants." So reluctant, too, are Mormon masters to punish their servants, that it appears to have been necessary to make it their imperative duty by law to "correct and punish" their servants. Thus, in the laws as aforesaid, page 161, sec. 6:
"It shall be the duty of the master to correct and punish his servant in a reasonable manner when it may be necessary, being guided by prudence and humanity," &c.
The Mormons are making some effort to establish the culture of cotton, sugar and rice in some parts of the Territory, and should they be successful in this under-taking, it might tend to increase the black-servant population; but the heterogeneous character of the emigration, coming from anywhere almost but the United States, with opinions, it may be supposed, hos-tile to any system of servitude, and the occasional years of famine, years of drouth and the grasshopper, when the people have been driven to the coarsest means of subsistence—living upon pumpkins in some instances—has operated, and may continue to operate against the increase of this class of their population.
INDIAN SLAVERY.
But there is another type of slavery to which I will call the special attention of gentlemen who are going to ask the unanimous reprehension of Con-gress against the Cooly traffic. Not less than four hundred Indians, children or adults, are to-day held in bondage in Utah under the pretense of ap-prenticeship. It will be observed that this is the same sort of "whipping the devil round the stump" that is practiced in the Cooly trade. They are purchased of Indians, who steal from neighboring tribes, for sums anywhere from $20 to $40 each, utterly regardless of the means of capture or abduction. This traffic with Indians is directly encouraged by the Mormons, and under color of law. Any minors may be bound to service (vide Territorial Laws, p. 156), and it is made the duty of the selectmen and the courts to bind out to service all the idle, the vagrant or the vicious minors. Of course all Indians are easily ranked in some one or all of these classes. They have also a law for the transfer of servants; and where there is a will, of course difficulties vanish. But lest all this should not be held to accom-plish the object, they have a later law in words admit-ting of no doubt or double meaning, and, curiously enough, the title of this act is printed "An act for the ' RELIEF of Indian slaves and prisoners." On page 173 of the Territorial Laws will be found as follows:
"SEC. 1. Be it enacted, by the Governor and Legislative As-sembly of the Territory of Utah, That whenever any white person within any organized county of this Territory shall have any Indian prisoner, child or woman in his possession, whether by purchase or otherwise, such person shall immediately go, together with such Indian prisoner, child, or woman, before the selectmen or probate judge of the county. If, in the opinion of the selectmen or probate judge, the person having such In-dian prisoner, child or woman, is a suitable person, and prop-erly qualified to raise, or retain and educate said Indian prisoner, child or woman, it shall be his or their duty to bind out the same by indenture, for the term of not exceeding twenty years, at the discretion of the judge or selectmen."
"SEC. 8. The selectmen, in their respective counties, are hereby authorized to obtain such Indian prisoners, children or women, and bind them to some useful avocation."
Thus it appears that "any Indian prisoner, child or woman," that may happen to be in possession of "any white person," whether by purchase or in any other way, is relieved by being bound to servitude for twen-ty years; and the only consolation for the Indian is that there is nothing in the act to prevent a renewal of this kind of t the expiration of the first period of service f years more.
Howev we may have treated the Indians in other res ther by encroachments upon their hunting s vi h or without treatias, or by harass-ing wars, and no government in this country has for a ioned the idea of reducing the red man of t to slavery. However bitter may be the ul ate of the American Indian—and as a distin it is rapidly approaching ext nc-tion—thi g placed in the bottom of t e cup by Utah alo ritory over which the United States is sometim ented to have the right of sovereignty and eminen ain.
Now, Sir en may make their resolutions as denunciato please touching the Cooly trade—they can ha yoo strong for me—but I hope they will not w nd lower their emphasis when they approach th eat on Utah trade in Indian “prisoners, children an e M en." Let the race of King Philip, Osceola and hontas, which has chased the sun almost half d he earth in order to catch a few more golden mor rou ot be subjected to iron fetters in their expiring m men s! Let the fiercest warrior of them all, as his g pulse brings him nearer to the land of the “G pirit,” still dream:
“I arous free as nature first made man,
Ere he base laws of servitude began,
W wild in woods the noble savage ran."
POLYGAMY.
There is o topic which has excited some considera-tion, whenev Utah has been discussed, and seems to acquire gre er gravity in each successive year. Stealthily at rst, but now openly, the practice of po-lygamy has become a deep-rooted and notorious insti-tution of the Mormons. Under the Constitution of the United States, they are fostered and protected, and have assigned to them a Territory larger than many of the kingdoms of Europe. Under the guise of religion, this people has established, and seek to maintain and perpetuate, a Mohammedan barbarism revolting to the civilized world. It is polygamy in its most disgusting form, including in its slimy folds sisters, mothers and daughters; and in order that no element of cruelty and loathsomeness may be wanting, it includes facility of divorce.
The petition for a bill of divorce is to be made to the Probate Court; and, "if the Court is satisfied that the "person so applying is a resident of the Territory, or "wishes to become one" the Court may decree a divorce, in addition to the usual causes, for absence "without "reasonable cause for more than one year," or "when “it shall be made to appear to the satisfaction and con-"viction of the Court that the parties cannot live in "peace and union together, and that their welfare "requires a separation." (Vide Territorial Laws, pp. 162, 163.) There are no legal bars here which may not be leaped over, even if the male Mormons were the "cripples" they have been slanderously represented. It is not enough to make woman no longer an equal and man the tyrant; it is not enough to tear the endearing passion of love from the heart, and install in its place the rage of jealousy; it is not enough to usurp the complete sovereignty over woman, and degrade her to the level of a mere animal; but the Mormons, when their appe-tites become sated, through the intervention or favor of their high-priests, are enabled to indulge their caprice in the luxury and latitude of change and vari-ety. As well might religion be invoked to protect cannibalism or infanticide. And yet we are to be told, because our Constitution declares that "Congress “shall make no law respecting an establishment of "religion, or prohibiting the free exercise thereof," that we must tamely submit to any burlesque, outrage or indecency which artful men may seek to hide under the name of religion! But it is impossible to twist the Constitution into the service of polygamy, by any fair construction. The fullest latitude of toleration in the ex-ercise of religion could not be understood to license crimes punishable at common law; and, if Congress is prohibited from making an established religion, a Ter-ritory must be equally prohibited, for a Territory is the creature of Congress, and Congress cannot authorize a Territory to authorize an incorporated company of priests to do what it may not do itself. The practice under our Constitution has been, and is specially pro-vided for in the organic act of Utah, that territorial laws are annulled and void the moment they are disap-proved of by Congress. We cannot shirk the responsi-bility by creating a territorial government to do that which the Constitution inhibits to ourselves. If the laws of Utah are in our judgment such as are "not fit to be made," it is our duty to annul them; and if they create an establishment of religion, then it is clearly an open and palpable violation of the Constitution, and not too sacred to go untouched. On this subject there never could have been any difficulty had the "Book of Mormon" controlled the appetites of the lusty Joseph Smith, jr., and his followers. That book is as emphatic against this "abomination" as any "Gentile" could desire. To show the possibility of the degene-racy of even Mormonism, I will make a little extract from "The Book of Mormon," printed at Nauvoo, Illi-nois, A.D. 1840:
"And now I make an end of speaking unto yon concerning this pride; and were it not that I must speak unto you concern-ing a grosser crime, my heart would rejoice exceedingly because of you. But the word of God burdens me because of your grosser crimes. For behold, thus saith the Lord, this people begin to wax in iniquity; they understand not the scriptures; for they seek to excuse themselees in committing whoredoms, be-cause of the things which were written concerning David, and Solomon his son. Behold, David and Solomon truly had many wives and concubines which thing was abominable before me, saith the Lord; wherefore, thus saith the Lord. I have led this people forth out of the land of Jerusalem, by the power of mine arm, that I might raise up unto me a righteous branch from the fruit of the loins of Joseph. Wherefore, I the Lord God will not suffer that this people shall do like unto them of old. Where-fore, my brethren bear me, and hearken to the word of the Lord: for there shall not any man among you have, save it be one wife; and concubines Re shall have none: For I the Lord God de-lighteth in the chastity of women; and whoredoms are an abomination to me: Thus saith the Lord of hosts. Wherefore this people shall keep my commandments, saith the Lord of hosts, or cursed be the land for their sakes. For if I will, saith the Lord of hosts raise up seed unto me, I will command my people; otherwise they shall hearken unto these things. For behold, I, the Lord, have seen the sorrow, and heard the mourn-ing of the daughters of my people in the land of Jerusalem; yea, in all the lands of my people, because of the wickedness and abominations of their husbands. And I will not suffer, saith the Lord of hosts, that the cries of the fair daughters of this people, which I have led out of the land of Jerusalem, shall come up unto me, against the men of my people, saith the Lord of hosts; for they shall not lead away captive the daughters of my people, because of their tenderness, save I shall visit them with a sore curse even unto destruction; for they shall not com-mit whoredoms, like unto them of old, saith the Lord of hosts."—Page 124.
All this would seem to be sufficiently explicit; and it is to be remembered that, according to their own theory, Mormenism does not permit new revelations to contradict the old. In The Mormon of January 31, 1857—to which P. P. Pratt, one of the twelve apostles, contributes—in a short account of the faith of the Mor-mons, it is stated:
"We believe in the Bible, the Book of Mormon, and in living and continued revelation; but we also believe that no new reve-lation will contradict the old."
But years after the Mormons had been suspected and accused of polygamy, and as it is now fully known not wrongfully, they met the charge with a positive and plump denial by publishing the following ordinance:
"All legal contracts of marriage made before a person is bap-tized into this church, should be held sacred and fulfilled. Inas-much as this Church of Christ has been reproached with the crime o fornication and polygamy we declare that we believe that on man should have one wife, and one woman but one husband, except in case of death, when either is at liberty to marry ain."
Out of their own mouths let them be condemned! Tried by their own code, the Lord of Hosts must "visit "ther, with a sore curse even unto destruction."
Not ithstanding the prevarications, collectively and individally—for no Mormon admits, when away from "the and of Zion," that he has more than one wife—it is now declared openly that the plurality doctrine, "the bessing of Abraham, Isaac and Jacob," was re-vealed o Joseph Smith, jr., "the prophet, seer and revela r," on the 12th day of July, A. D. 1843. It was a ully concealed, though Joseph had, it is now report not less than forty wives, many of whom sub-sequen y became the helpmates of brother Brigham for su lying "tabernacles" to those "noble spirits "that ive been waiting for thousands of years, and "which He (the Lord) designed should come forth "thro h these my faithful servants." I call attention to a di urse by Elder Orson Pratt, August 29, 1852, and th first I have found which avows the doctrine. From I take a single extract more, as follows:
"I th there is only about one-fifth of the population of th globe that elieve in the one wife system: the other four-fifth believe be doctrine of a plurality of wives. They have ha it hande lown from time immemorial, and are not half s narrow contracted in their minds as some of the nations of Europe America, who have done away with the promises and dep d themselves of the blessings of Abraham, Isaac and Jacob.”
In on that it may be seen how polygamy is now attempP to be hedged in and barricaded by law in the vein itadel of the church, I will give the chief sec-tions o act incorporating the church, from Territo rial La of Utah, page 103:
“SEC Be it ordained by the General Assembly of the State o eseret, That all that portion of the inhabitants of said Stat which now are, or hereafter may become residents therein which are known and distinguished as ‘The ‘Church Jesus Christ of Latter-Day Saints,' are hereby in-corporated constituted, made and declared a body corporate, with perp al succession, under the original name and style of ‘The C rch of Jesus Christ of Latter-Day Saints,' as now organized, ith full power and authority to sue and be sued, de-fend and defended in all courts of law and equity in this State; to tablish order and regulate worship; and hold and occupy re nd personal estate; and have and use a seal which they may er at pleasure."
"SEC. 3 ind be it further ordained, That as said church holds th stitutional and original right, in common with all civil and gious communities, 'to worship God according to 'the dic of conscience;’ to reverence communion agreeably to the p les of truth, and to solemnize marriage compatible with the elations of Jesus Christ, for the security and full enjoyme all blessings and privileges embodied in the reli-gion of Christ, free to all; it is also declared, that said church and shall possess and enjoy continually, the power and auth in and of itself, to originate, make, pass and es-tablish regulations, ordinances, laws, customs, and crite-rions, f good order, safety, government, conveniences, comfort control of said church, and for the punishment or forgiven all offenses relative to fellowship, according to church nts; that the pursuit of bliss and the enjoyment of life, i capacity of public association and domestic hap-piness, al expansion, or spiritual increase upon the earth, may legally be questioned: Provided, how ever, That each and ev act, or practice, so established or adopted, for law or custom, shall relate to solemnities, sacraments, ceremo-nies, consecrations, endowments, tithings, marriages, fellow-ship, or the religions duties of man to his Maker; inasmuch as the doctrines, principles practices or performances, support virtue and increase morality, and are not inconsistent with, or repugnant to, the Constitution of the United States or of this State, and are founded in the revelations of the Lord."
“SEC. 5 And be it further ordained, That said church shall keep, at every full organized branch or stake, a registry of mar-riages births and deaths, fiee for the inspection of all members, and for their benefit.
"SEC. 6 And he it further ordained, That the Presidency of said church shall fill all vacancies of the Assistant Trustees nec-essary to be filled, until superseded by the Conference of said church."
On these provisions hang all the law and prophets of polygamy, and will hang until we interfere. As all these territorial enactments are subject to revision by Congress, unless we exercise the power reserved to us, while they remain on the statutes of Utah we are parti-ceps criminis. They have our tacit approval, for they are to remain laws only so long as we do not disap-prove of them. There is no latent ambiguity in the phraseology of "temporal expansion or spiritual in-crease;" because it is provided that "every act or “practice so established (by the incorporated church) "or adopted, for law or custom," which relates to mar-riages, "may not be legally questioned." The Gene-ral Assembly of the Territory of Utah has incorporated a church, over which one man presides with an inso-lent and all grasping power, with authority to establish the practice of polygamy and not be legally questioned therefor. Now, I submit that we not only have the power, but it is eminently proper that we exercise it by disapproving of and annulling this act.
It is to be noted that the Mormon faith, as expound-ed by Brigham Young, is, that God and Adam are one and the same person. He says: "When our father "Adam came into the Garden of Eden, he came into it "with a celestial body, and brought Eve, one of his "wives, with him." Also, that "Jesus, our elder "brother, was begotten in the flesh by the same char-"acter that, was in the Garden of Eden, and who is "our Father in Hea-ven." They also assert (vide Ser-mon of Grant August 7, 1853) that Jesus Christ was a polygamist—the sisters of Lazarus being his wives—and that it was for this cause he suffered persecution. This will help to explain the phraseology of the church charter.
From all these statutes, from all the teachings set forth in the Mormon tabernacle, from all the evidences within our reach, it is clear that an ecclesiastical hier-archy exists in Utah, with a plenitude of power greater than that which can to-day be exercised by the Pope of Rome. Its grasp is more merciless and far more self-ish than Pius IX. would dare attempt over the miser-able lazzaroni of Italy. Whatever of similitude may exist in many respects, it would be linelous upon Catholicism to charge that Catholics claim the prerog-atives for their Church which are claimed by the Latter-Day Saints of the Mormon Church. Commenc-ing with tithings, not to be evaded by the poorest day-laborers; continued by a monopoly of land, wood and water privileges; swelled in its current by the waifs, estrays and escheats incident and contrived as to the rights of property; the whole wealth of the Territory, present and future, threatening to be finally and wholly absorbed by the Church and its dignitaries; and ending in the foul abomination of spiritual wifery.
This hierarchy is clearly repugnant to the Constitu-tion of the United States, which guarantees to every State a republican form of government. The republi-can form of government in Utah is a dead letter, exist-ing only pro forma, and only so much of the tattered remains are exhibited as will secure the largesses of the National Government; while the real bona fide gov-ernment is that of the Mormon priesthood. The obli-gations of the Constitution cannot be held in abeyance or postponed, nor have the people of Utah the right to evade them. A republican form of government in sub stance, and not the shadow, is required at the hands of the United States at all hazards. How can this be com-plied with, if we suffer our Territories, while in a state of pupilage, to so educate the people, mold their habits, fix their affections and their antipathies—to so control the rights of persons and property as to make a republi-can form of government unprofitable, sinful, hated and impossible?
All human experience proves that it is in vain to un-dertake to regulate men's views of God and eternity by human legislation. All such attempts are resolved into persecution, and there are no sects which are not blessed with members ambitious of martyrdom. The blood of foolish saints is not less the seed of some churches than the blood of wiser saints. In this re-gard, it makes no difference whether Joseph Smith, jr., was an impostor, a vulgar, fiddling tavern-keeper, or not; his followers believe, or affect to believe, that he was a prophet of God—the brother of Moses and Christ—with equal power to work miracles, to raise the dead, and heal the sick, grant forgiveness of sins, to interpret and pronounce new divine revelations; and that Brig-ham Young, as the successor of Smith, is also a prophet, and a "lion of the Lord." This may be lamentable, but it cannot be cured by law. Faith is intangible. But when the works of such a religion, in its overt acts, exhibit the grossest in morality and debauchery, and covertly asserts civil and criminal jurisdiction over all its members, it is questionable whether legislators should remain neutral, or whether the "livery of heaven" should screen men from criminal courts, be-cause they have the impudence to give their crimes the privileges of a sacred name. Could a man, charged with burglary or rape, find privilege and excuse before any of our courts on a plea that it was an act done in accordance with the religion of the prophet Mercury, or the prophet Priapus, and that our Constitution per-mits the free exercise of religion? And, if individuals could not thus shelter their villainy, where is there a chance for Territories to creep in for similar grace?
The test which Brigham Young requires as the sole dispenser of the “blessings of Abraham," is subser-viency to the priesthood, as will be seen in one of his published discourses of February 27,1853:
"The elders of Israel frequently call upon me—‘Brother Brigham, a word in private, if you please.' 'Bless me, this is no secret to me. I know what you want; it is to get a wife!' 'Yes, brother Brigham, if you are willing.'
“I tell you here, now, in the presence of the Almighty God, it is not the privilege of any elder to have even one wife before he has honored his priesthood, before he has magnified his call-ing. If you obtain one it is by mere permission, to see what you will do, how you will act, whether you conduct yourself in righteousness in that holy estate.
"Many applications will unquestionably be made to me for wives, and, perhaps*, by men, too, who will steal, or trespass upon me, their neighbors, kill their stock, do wickedly in va-rious ways. Nothing would damn such men sooner than to give them this privilege. I tell you the truth, if you are a first-rate good man, and honor your priesthood, it is your privilege."
This power, held in the hands of one man, and that man Brigham Young, is one which may be wielded with tremendous effect. When Judge Brandenbury was upon the point of leaving the Territory, in order, if possible, to change his purpose, Brigham Young went and urged him to remain, telling him that "he "would even black his boots, and that he might have "as many wives as he chose, if he would only stay." If such a license is granted in one case as a bribe, doubtless it is in others. If the license is a powerful temptation to some men, when granted, the refusal of it is a not less fearful vengeance to others.
That the women in Utah would escape from their miserable fate, if it were in their power, is shown by the escape of the fourteen traitors to polygamy who fled with Col. Steptoe, and also by reported cases where women have preferred "a dinner of herbs rather than the stalled ox," to seek the protection and undi-vided affection of the Indian rather than to remain in Mormon seraglios.
SPIRITUAL WIVES REBELLIOUS.
One plan of ridding the Territory of polygamy—and the idea derives some pungency from having been sug-gested by one himself a Mormon—is to make some regulation by which those who have more wives than one shall be compelled to live under the same roof with them!
The remarks by President J. M. Grant, Sunday, Sept. 21, 1856, as reported in The Deseret News, shows that even now the women require urgent counsels. For example:
"I say that there are men and women that I would advise to go to the President immediately, and ask him to appoint a Com-mittee to attend to their case; and then let a place be selected, and let that Committee shed their blood.
"We have those among us who are full of all manner of abominations—those who need to have their blood shed; for water will not do—their sins are of too deep a dye.
"And we have women here who like anything but the celes-tial law of God; and if they could break asunder the cable of the Church of Christ, there is scarcely a mother in Israel but would do it this day. And they talk it to their husbands, to their daughters, and to their neighbors, and say they have not seen a week's happiness since they became acquainted with that law, or since their husbands took a second wife. They want to break up the Church of God, and to break it from their husbands and family connections.
"We have been trying long enough with this people; and I go for letting the sword of the Almighty be unsheathed, not only in word, but in deed.
"I go in for letting the wrath of the Almighty burn up the dross and the filth; and if the people will not glorify the Lord by sanctifying themselves, let the wrath of the Almighty God burn against them, and the wrath of Joseph and of Brigham and of Heber and of high Heaven."
From the discourse of President Young, to put down the embryo rebellion among the women, on the after-noon of the 21st of September, 1856, I make a single extract:
"I wish my own women to understand that what I am going to say is for them as well as others; and I want those who are here to tell their sisters—yes, all the women of_ this communi-ty, and then write it back to the States, and do what you please with it. I am going to give you from this time to the 6th day of October next for reflection, that you may determine whether you wish to stay with your husbands or not; and then I am going to set every woman at liberty, and say to them: 'Now go 'your way, my women, with the rest—go your way.' And my wives have got to do one of two things—either round up their shoulders and endure the afflictions of this world and live their religion, or they may leave; for I will not have them about me. I will go into heaven alone, rather than have scratching and fighting around me. I will set all at liberty. What! first wife, too? Yes, I will liberate you all."
These extracts fully show that the Utah hierarchy claims jurisdiction—whether exercised in fact or not—over their members, so far even as to take life itself. The sad-toned rebellion of the women had reached the ears of the Presidents; and hence two of them on the same day appeared—
"Fierce as ten furies and terrible at hell"—
to "deal damnation" upon all they judged to be the foes of "celestial marriage," and especially to intimi-date the now helpless and degraded women, all of whose hopes of happiness have perished, and all of whom, loud in complaints, were exerting an influ-ence fatal to polygamy.
DANITES.
Whether these bloody threats ever have been or ever will be put into execution is not for me to say; but they certainly do not tend to allay the suspicions wide-ly entertained, as I am informed, by gentlemen who, having been United States officers of the Territorial Government, have resided there (Major Holman and Judge Brandenbury). They suppose that there is a secret society existing there called Danites, Shan-pips, or Destroying Angels; and, though sometimes false y claimed to be a masonic society, with some variations, that its real mission is to fulfill the dark and unwritten prophecies of the heads of the Mormon Church. There is a mystery hanging over this subject that it would be well for all "good Mormons" to have cleared up.
Whatever provocation the Mormons may have had, it would not justify the murder of Governor Boggs by Porter Rockwell, then and now a Danite, who was ar-rested and broke jail; and is now in good standing, it is said, in the Mormon Courch. The murder of Secre-tary Babbitt, for no known reason save that he was suspected of being an insincere Mormon, has been at-tributed to the same hand. The murder of Gannison's party—charged upon the Indians is quite often placed to the account of the “Destroying Angels" as the elders and abettors Jacob Lance—the man charged with rape—though it is pretended he was killed by a woman, was slain, as is believed by many, by a Danite, or “a 'oman with a great peard under her muffler," as Sir Hugh Evans would say. The horse of one of Col. Steptoe's men came back from a short trip out of the city, with no rider in the saddle. The loss was never satisfactorily explained Mr. Hartley, a lawyer from Oregon, dwelt awhile in Utah; but, going out one day with Bill Hickman, a Danite, has not been heard of since. Many California emigrants have disappeared on the Utah route, and the "deep damnation of their taking off" has been charged to the account of the In-dians. All these charges may be slanderous stories; but if they are, they are lies with many circumstances tending to arouse suspicion. It is almost incredible to suppose the doings of the Thugs can find a parallel in the history of any portion of America; but these Mormon prophets and apostles, if they do not mean anything (and they claim for themselves and all reve-lation a liberal interpretation), should be more wary about talking of unsheathing the sword, fixing the place, and the shedding of blood in word and deed
WHAT IS TO BE DONE,
I have no desire to make party capital by making any issues touching Utah. It is a subject requiring the deliberate attention of statesmen. I only aspire to present some facts, in the most authentic form within my reach, calculated to draw attention to the subject. It is quite within the power of gentlemen to throw the question into the pool of partisan politics by giving ‘ aid and comfort" to the wildest theories to which any religious imposture ever gave birth. The President and Rulers of the Mormon Church have already sought shelter in the bosom of the Democratic party by their proclamation of the 14th August, A D. 1856. They find fault with the Republican party for including their "sacred institution" in the phrase of "the twin relics of barbarism." They also declare:
"The Democratic Convention in Cincinnati, which nom-inated James Buchanan for President, passed the following re-solution:
“’Resolved, That Congress has no power under the Constitu-tion to interfere with or control the domestic institutions of the several States, and that all such States are the sole and proper judges of everything appertaining to their own affairs not pro-hibited by the Constitution.'
“This is the principle of the Democratic party, which they have extended to Territories as well as States; and the doctrines of sovereignty apply to us in the desert as well as to the settlers in Kansas or Nebraska.
"The Democratic party is the instrument, in God's hand, by which is to be effected our recognition as a sovereign State, with the domestic institutions of Slavery and Polygamy, as established by the patriarchs and renewed to the saints of latter days, through God's chosen rulers and prophets."
There is, I hope, room to doubt whether the Demo-cratic party will allow itself to be used for any such purpose. Their political necessities must be great, when they accept of such coadjutors upon the conditions indicated.
It may be very properly asked, supposing it should be shown that a state of things exists in Utah which all would admit to be wrong, what are you going to do about it? The subject is not without its difficulties, but they are not altogether insurmountable. For one, I should greatly prefer that the people of Uutah would, upon a calm reconsideration of their own affairs, remove by their own action all just matters of complaint. But, if they choose to refuse, or neglect to do so, we have only to say by our silence and non-action that we will ac-quiesce, or to constitutionally express our disapproval.
I. We may "disapprove" of all the laws of the Ter-ritory that we please, and thereby annul them, and for such reasons as may appear proper.
II. We may circumscribe the boundaries of the Ter-ritory, and give the inhabitants much narrower limits.
III. If the second proposition be adopted, we may then abandon them, and leave them to fight out their own independence and salvation, spiritually and tem-porally, in their own good time.
IV. We may cut up the Territory, and annex it to the various adjoining Territories
V. We may organize a Territorial Government on the old plan of a Council, consisting of a Governor and Judges—not Mormons; and with a military force suf-ficient to maintain it.
I have thus given in extenso enough of the statutes of Utah, their doctrines and ordinances, to show their leading characteristics, and that they are dangerous and should be annulled; and I cannot but hope enough of earnest men will ere long be found in Congress ready to devise some action—not of persecution—whereby our common country may be rescued from the grea reproach of a barbaric age.
