Illinois state journal

              THE MORMON PROBLEM. 
Shall the Laws be Enforced in Utah? 
Speech of Hon. S. M. Cullom, in the House of Representatives, on the 17th inst.
[CONCLUDED.] 
The nineteenth section I regard as a very important feature in this bill. It provides that no alien living in or practicing polyga-my or concubinage shall be admited to citizenship of the United States, nor shall any person living in or practicing bigamy, polygamy, or concubinage hold any office of trust or profit in the Terrritory, vote at any election, or be entitled to the benefits of the homestead or preemption laws of the United States. As I have before remarked, it is a well-known fact that the power of that people rests in the leading men of the Mormon organization ; that they live under the control of a theocratic despotism, of which Brigham Young is the chief officer. It is necessary that this power shall be absolutely destroyed and broken up, or else it is useless to attempt to regulate and reform the present condition of things. Hence by enacting a law which will deprive open violators of the statute of the United States from participation in the privileges and benefits extended to lawabiding citizens it will have the effect of overturning the present church rule, depriving the Mormon leaders of their present enormous influence in all matters of State and political ques-tions and still not in any way be an infrac-tion of the Constitution, which declares that all natnralization laws shall be uniform, nor even change its application as it stands to-day. One of the provisions of the naturalization laws is, that the court admit-ting an alien shall be satisfied that he has resided within the United States five years at least, and within said State or Territory where such court is at the time held one year at least; and it shall further appear to their satisfaction that during that time he has behaved as a man of good moral char-acter, attached to the principles of the Con-stitution of the United States, and well dis-posed to the good order and happiness of the same. 
These are some of the provisions of the naturalization laws as they now stand upon our statute books. Now, I submit whether any alien, practicing bigamy or polygamy in open defiance of law, which law declares such action or conduct to be a criminal of-fense, should be allowed to come forward and demand to be made a naturalized citi-zen of the United States, or that this great privilege should be accorded to him, not-withstanding his open disregard of law ? I say he has forfeited his right by his own conduct and cannot be included in the pro-visions of the naturalization laws. I under-stand that some of the Judges of the courts in Utah have so held, and have declined to issue naturalization papers to applicants of this character unless they could furnish proof that they had not been violating the laws of the United States in relation to bigamy and polygamy ; and that now the probate Mormon courts issue about all such papers. This provision, then, I regard as eminently proper and strictly within the pur-view of the Constitution and the laws on that subject. 
As to the disqualification to hold any office of trust or profit in the Territory, it seems to me that there can be no question that these leading Mormons, living in and openly and defiantly violating law and practicing crime in the face of Federal au-thority, should be rendered ineligible to hold office; they are criminals, running at large because the Government has not had the co urage to arrest them, and are unfit to hold office of honor or trust. This being shown to be so by the testimony of all who are ac quainted with the condition of things existing in that Territory, and as we have already adopted this principle in regard to certain classes of men lately in rebellion against the Government, I see no good rea-son why these wicked and vile men should be shielded from the operation of such a law as applied to them. I maintain that men practicing bigamy and polygamy in de-fiance of law, are no better qualified to hold office than those lately in rebellion whom we have deprived of this right by statute and constitutional amendment. 
As to the clause in regard to voting, my opinion is that the time has come when stringent, positive, and even severe legisla-tion should be resorted to for the purpose of uprooting and destroying the iniquity that exists everywhere in that Territory; and this enactment, by depriving them of the right to vote and hold office, will take the power out of the hands of these leaders and tend to prevent the election of men sworn to defend the interests of the church at all hazards. This is a matter concerning which there should be no hesitation or timidity; and I contend that these people should neither be entitled to vote, to hold office, nor to have their aliens naturalized so long as they persist in breaking of the laws against bigamy and polygamy. The same as regards the right to preempt lands. Some may say that is too severe a hardship on these people. Sir. it is not a new thing in the history of our Government that per-sons should be prevented from the right to take possession of the pnblic domain who are living in violation of its laws. It is but a short time since we passed a general law on this subject as regards the public lands of the South, wherein, while inviting law-abiding men to come forward and partake of the benefits derived under it, we made a proviso that any person so desiring to preempt any portion of the public domain should first swear that he had not taken up nor voluntarily borne arms against the Gov-ernment of the United States, and that he would support the Constitution. I regard, then, this provision as in entire harmony with the previous legislation of Congress and think it ought to become a part of the law. The remainder of this section defines the duties of the courts in case parties shall undertake to claim to discharge the duties of any office in violation of the law, and also prescribe the oath necessary to be taken by a party in case of his election to office in the Territory. 
The twentieth section simply provides that in case of absence or sickness of any of the judges, the Executive of the Territory shall authorize and direct the judges to assist each other. 
The twenty-first section provides that the Governor shall have the power of appoint-ment and removal of all the probate judges, justices of the peace, judges of elections, notaries public, and sheriffs in the Territo-ry; the object being to place power in the hands of men who are in favor of the law and morality, as opposed to those practicing and countenancing the crimes of bigamy, polygamy, concubinage, adultery, or any other crime prohibited by the statute books of our country. 
The twenty-second section provides the right and manner of appeal from one court to another. 
The twenty-third section prescribes the persons, by whom the marriage ceremony may be performed in the Territory, declares what marriages shall be regarded as inces-tuous, and providing a punishment for the violation of the section. 
The twenty-fourth section is in relation to voting in the Territory. The present territorial law authorizes the numbering of the tickets used for voting at the elections, which has prevented the Gentiles living here and there throughout the territory from voting as they would. Being surround-ed by the great mass of the population, consisting of Mormons, they have regarded it as unsafe to cast their ballots in opposi-tion to the dictates of the church antho-iities as their vote could easily be detected, and they would henceforth be under the ban of the people and their leaders. 
The twenty-fifth section of the bill pro-vides for the limitation of the jurisdiction of the probate courts, limiting it to $500, and in criminal cases to the exercise of ju-risdiction as committing magistrates, and repeals the twenty-ninth section of chapter one of the act of the territorial laws in rela-tion to the judiciary. That section provi-des that the several probate courts, in their respective counties, have the power to ex-ercise original jurisdiction, both civil and criminal, as well in chancery as in common law, when not prohibited by legislative enactment; and they shall be governed in all respects by the same general rules and regulations as regards practice, as the district courts. That section of the territorial law gives to these probate courts concurrent jurisdiction in all matters with the territori-al district judges, unlimited jurisdiction in all characters and kinds of business; and under that section of the law, whenever any Gentile comes in conflict with a Mormon, he always gets severely prosecuted in these probate courts. These probate judges, as I said before, are Mormon bishops. In matters between Mormons they act as bishop, they are treated as bishop, they are called bishops and known as bishops, and not as judges. But in matters between Mormons and Gentiles, or between Gentiles exclusively, they are called probate judges; and in every case wherein a Mormon and a Gentile are at law and where the authority of the church is in question, where its in-terests are involved in the case, the decis-ion of these probate judges is in its favor and never in opposition to the dictates of the Mormon authorities. Therefore, that section should be repealed. 
This twenty-fifth section also repeals the second section of the act for the regulation of attorneys, which reads as follows : 
"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." 
That section of the law, as you will ob-serve, entirely cuts off all power on the part of any Gentile attorney in that Territory to compel the payment for any service which he may render under any circumstances whatever. This twenty-fifth section also provides for the repeal of the act contain-ing provisions applicable to the laws of the Territory of Utah. The first section of that act declares that— 
"No laws nor parts of laws shall be read, argued, cited, or debated in any court during any trial, ex-cept those enacted by the Goverement and Legislative Assembly of the 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 debated as precedent in any other trial." 
This prevents a reference, by any attor-ney in the trial of a case, to any law decis-ion rendered in other States or other courts, and thereby sets aside the precedents which might be shown to affect the case or cases on trial, This law I consider as being in conflict with the spirit of that provision of the Constitution which provides that— 
"Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every other State, and that Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved and the effect thereof." 
The twenty-sixth section simply provides that where the marshal or his deputy is a party to any suit, or in any way interested therein, the court shall appoint some one in his stead to act as marshal. 
The twenty-seventh section gives to the district courts of the Territory exclusive jurisdiction in suits for divorces or alimony. The object of this section is to put an end to the wholesale system of divorcing which now prevails in that Territory under the territorial law, and to give to parties having just cause to make application for divorce the right to bring their cases before such court as will insure a fair hearing and dis-position of the case. 
The twenty-eighth section of the bill pro-vides that all laws or parts of laws of the Territory which in any way interfere with the primary disposition of the soil or its possession shall be annulled and disapprov-ed. The object of this section is to annul and repeal a large number of territorial acts which have been passed in the interest of these leaders of the Mormon Church of Latter-Day Saints, by which they are to-day exercising control over almost ever portion of that Territory which is of value, and from which they are amassing immense for-tunes at the expense of the masses of the people; so that it is impossible to-day for a man desiring to locate in that Territory to obtain possession, under the preemption laws or otherwise, should he be a Gentile, of any desirable portion of that Ter-ritory, the desirable portion having already been taken by these men high in authority in the Mormon church. The Legislature of the Territory being a Mor-mon Legislature, composed of men occupy-ing prominent positions in the Mormon church, has passed laws at different, times giving to one man one special privilege, to another man another; to another that tract of timber; to another that valuable land; and most of these favored individuals being members of the Legislature at the time, and all of them being members of the Mor-mon church, until they have finally got complete control of all the desirable por-tions of the Territory. We propose by this section to annul those laws and place that vast extent of territory upon such a footing that inducements will be offered to emi-grants to go there and settle and develop the country, and be entitled to all the priv-ileges that can be had in other States and Territories of the Union under the law. 
The twenty-ninth section relates to the exercise of the elective franchise, and pro-vides a punishment for illegal voting. 
The thirtieth section is very lengthy, but cannot well be condensed and at the same time provide for the contingencies which may arise in securing the object desired. It provides a mode of procedure by the courts of the Territory in seizing and con-demning property belonging to men guilty of high crimes against the laws of the United States, who may be convicted of such crimes, or who may leave the Territory for the purpose of evading the punishment which would otherwise be inflicted upon them. It provides that in such cases, where the party so escaping leaves a wife, or a number of wives, residing in the Territory, or a number of children, the courts shall cause proceedings to enable the authorities of the Territory to take possession of the personal and other property of such parties, condemn and sell it for the use and benefit of the dependent wives and children left by such party, whether he shall have been con-victed and sent to the penitentiary or have left the Territory to escape such sentence. 
While I shall not to-day in the course of my remarks, attempt to go into a detailed and minute defence of the provisions of this section of the bill, yet I believe that some such provision should be adopted by Con-gress, so that these parties who have been amassing fortunes, as some of them have, and, in defiance of the law, practicing big-amy or polygamy, may be compelled to make a provision for the wives and children thus deserted, if such should be the case, and not leave them to the support of chari-ty. If this section does not meet the views on this point of the House in every res-pect, it may be amended; but I believe that some such provision of law should be in-corporated in any bill which Congress may adopt. I may say here, that one of the ob-jections urged against this legislation by the press and in other ways, and an objection which doubtless many honest minded peo-ple may have thought valid as against the passage of such a bill as this, is that it will too suddenly break down the system of po-lygamy and leave the women and children of the Territory helpless and dependent, and, perhaps, in a starving condition. If such a provision as this thirtieth section is incorporated in the bill, it will avert, to a very great extent at least, the evil which is feared from this cause in case this system of polygamy is destroyed. 
But, sir, I do not believe that any such result will be likely to follow the passage of this bill and the destruction of the insti-tution of polygamy. The testimony before the committee, and which has been pre-sented to the House, shows that the women of that Territory, in many instances, sup-port not Only themselves, but their children and their husbands. I could cite many cases, shown in the testimony, where promi-nent Mormons have been supported by their numerous wives, made rich by their labors, and instead of being dependent upon their husbands for their own and their children's support, the husbands are dependent upon the women; so that it maybe questioned whether any such action as this is neces-sary ; but should it be deemed so by the House, it should be retained in the bill. 
The thirty-first section of the bill pro-vides another means of preventing the condition of starvation and dependency which some anticipate may follow the pas-sage of this bill and the destruction of po-lygamy. It provides that the Secretary of the Treasury shall have the power to afford temporary relief to destitute persons in the Territory, and the sum of $100,000 to be hereafter appropriated may be used by the Secretary of the Treasury for that purpose. This provision was placed in the bill, not so much from the conviction of the committee that such a provision was absolutely neces-sary as for the purpose of showing to these people and to show to the world that there is no disposition to persecute nor to adopt a barbarous or inhuman policy towards them. This section, therefore, provides the nec-essary means to prevent such destitution and suffering as some fear may result through the legislation of Congress rind the passage of this bill. 
The thirty-second section provides that the President of the United States, in case it becomes necessary to enforce the laws of the United States there by military power, shall be required to send a portion of the Army of the United States to that Territory, or if he has not a sufficient force to spare for that purpose, that he shall have the power to call for more troops to the extent of forty thousand men, if necessary. As regards that section, Mr. Speaker, I confess that I have not the slightest idea that a sin-gle soldier will be required other than a few companies, which should be stationed in that Territory to enforce the laws. All that is necessary, in my judgment, is to give the courts of the Territory power to en-force convictions for violations of law, and to break down the political power now wield-ed by the leaders of the Mormon church, and show thereby that the Government of the Uni ted States means business, and intends to use all the necessary means to crush out their iniquity and compel obedience to law. A persistent, straightforward determination to do this is all that is necessary; and if this course is pursued these people will sub-mit to the law as the people of other por-tions of the country do and are required to do. I repeat, I do not believe any special military force will ever be necessary in order to enforce obedience to the law in that Territory; but should in become necessary to use force, it will not require a large number of troops for this purpose in any event. The testimony before the com-mittee and the House shows that the mili-tury strength of that people cannot possibly be magnified to a greater number than eight thousand men. Sir, I am constantly in receipt of letters telling me that the passage of this bill will result in another great war. Why, sir, can it be that the Amer-ican people, fresh from triumph over a great rebellion, have any reason to fear the result of attempting to enforce the provis-ions of a bill like this upon such a small body of people occupying a limited Terri-tory such as this? No; it cannot be magni-fied into the proportions of a great war, whatever might be the action of the Gov-ernment toward them, or the disposition of the people toward the Government on ac-count of our action. It can be but a small affair in any event, but whether it be great or small, are we to be deterred by any such considerations from enforcing a law enacted by the people, which has been so long vio-lated and set at naught by a people who use as a pretense for their crimes the garb of religion? For one, I am either for the re-peal of the statute of 1862, making biga-my or polygamy a criminal offense, or I am for such action on our part as will compel obedience to that law by the Mormon au-thorities and people. 
The thirty-second section simply provides a punishment for swearing falsely in refer-ence to any matter or statement that may be required by the provisions of this bill. 
The thirty-fourth and last section pro-vides for the repeal of all former acts of the territorial Legislature relating to the gov-ernment of the Territory of Utah. 
I have thus, Mr. Speaker, explained and commented upon each of the sections of this bill as best I could, and given the rea-sons that have influenced the Committee in its preparation. And now the question is, shall the bill, with such amendments as the House may deem proper, be passed by the House of Representatives ? Are we to have any legislation that will effectually crush out this bold and defiant iniquity, or are we to go on as we have been for over thirty years, allowing the practice of bigamy and polygamy to flourish in violation of human and divine laws, cloaked by the title of "Latter-day Saints," and a pretended sys-tem of religion ? Shall we continue to temporize any longer with it, and allow its defenders and abettors to go unpunished ? If it is the judg House that such should be the p government in the matter, the ore need be done. But if we legislation at all upon the subject, let us have such legislation as will reach the evil and put a a stop to it. 
The great mass of the Mormons are either actively or passively in hostility to the Gov-ernment of the United States. A great majority of them are of foreign birth, brought from their homes by persons as-suming the garb of bishops or apostles of the church, and have never known, and never would know under the present sys-tem, anything of the institutions of this country. The power of these priests and presidents and apostles and bishops over them must be destroyed, so that the light of Christianity and civilization may reach their benighted understandings. They know nothing of the glorious principles of our Declaration of Independence. They are led to believe the American people are the most infamous and blood-thirsty people on the face of the earth, and they hear from their pulpits, in their workshops, in their fields, nothing but the denunciations by their leaders against the American peo-ple. Under such a system of things it is not to be wondered at these ignorant and deluded people come finally to regard us as their worst enemies, and become active or passive agents in the hauds of their leaders to carry out their infamous design. Under almost any other system of religion or ethics we might hope that in time they would be divested of their prejudices and partake of the influences of enlightenment and civilization which are spread throughout this great country. And upon this theory the argument is raised that we had better do nothing now, that the system will die out, es-pecially since the completion of the Pacific railroad, which will bring them more and more under the influence of our civilization and our modes of life. I confess that I had some hope that such would be the case upon the completion of the Pacific railroad. But, sir, the testimony shows that since the com-pletion of that great work there has been a greater degree of proscription on the part of of the leaders of that people than ever be-fore. Within the last few months many men, Gentiles, who had been in business there, and who in years past had been fa-vored with some degree of prosperity, lat-terly these men have been hunted and perse. cuted and in every way thwarted in their enterprises until they have been compelled, in order to protect their persons and their property, to leave the Territory and return among people where liberty and freedom prevail. 
Sir, Brigham Young stands at the head of all affairs, spiritual and temporal. He has the power of "sealing." He is a "revela-tor;" he is prophet, priest, seer-revelator, first president, and trustee of the church of Latter-day Saints. He holds the keys of the kingdom; unfolds to the people the will of God as revelator. As seer he warns the peo-ple of danger, and as priest seals men and women for time and eternity. The testi-mony shows that while there is no law upon the statute-books of the Territory in rela-tion to marriages in any way whatever, yet there is a law in relation to divor-ces. Brigham Young seals the people in wedlock and divorces them at pleasure. But of late, since it has become apparent to him that perhaps a little observance of law would be necessary in order to save his head, while he divorces his people one from another in secret, yet after it is done by him, and not until then, do they ever ap-proach a court of justice to have the bonds of matrimony broken. To show the power as well as the supreme authority claimed and exercised by him, I will call your at-tention to a sentence or two from a sermon recently delivered by him in that Territory. He says: 
"I have never yet preached a sermon and sent it out to the children of men that they may not call Scripture. Let me have the privilege of correcting a sermon and it is as good Scripture as they de-serve." 
Such, Mr. Speaker, is the manner in which he speaks to those benighted and ig-norant people, and I suppose it is true that he speaks as from God. But I must not oc-cupy the attention of the House longer. I desire, however, again to say a word upon the question of polygamy. As I have stated it has been declared a criminal offense by every State and Territory in the Union, and is regarded by the civilized world as op-posed to law and order, decency and Chris tianity, and the prosperity of the State. Polygamy has gone hand in hand with mur der, idolatry, and every secret abominiation, Misery, wickedness and woe have always marked its path. Instead of being a holy principle, receiving the sanction of Heaven, it is an institution founded in the lustful and unbridled passions of men, devised by Satan himself to destroy purity and author-ize whoredom. It is not enough to say that it was practiced by many of the ancients and had been mentioned in the Bible. While it is true that such practices did pre-vail to some extent in ancient times, yet in no single instance does Holy Writ appro-bate it. 
The SPEAKER. The morning hour has expired.