Defense of the Faith and the Saints (Volume 1 of 2)Roberts, B. H. (Brigham Henry)
Religion
Defense of the Faith and the Saints (Volume 1 of 2)
Roberts, B. H. (Brigham Henry)
Latter Day Saint churches
ORDINANCE.
"The following ordinance shall be irrevocable without the consent
of the United States and the people of the state:
"First, perfect toleration of religious sentiment is guaranteed.
No inhabitant of this state shall ever be molested in person or
property on account of his or her mode of religious worship; but
polygamous or plural marriages are forever prohibited."
You will observe that the convention incorporated in this provision the
very language of the Enabling act.
That was the demand, and that the response to the demand. But it
was not all of the response. There was something more. After this
declaration had been made, towards the conclusion of the work of the
convention, when that part of the Constitution called the "Schedule"
was introduced (and by the way, in order that you may understand that
I have clear knowledge of these matters from personal participation in
them, I may say that I was a member of the committee on "Schedule"),
Mr. Varian, a member from Salt Lake county, called the attention of
the convention to the fact that while we had made this declaration
against "polygamous or plural marriages," he held, and very rightly,
too, that it was not self-operating, and provided no penalties for its
violation; but was merely a declaration, and he doubted if it would be
sufficient to meet the expectations of the people of the United States.
He therefore recommended a certain course now to be described. You
perhaps will remember that our territorial Legislature of 1892 enacted
what was virtually the Edmunds-Tucker law. They followed very closely
the congressional enactment. Now, said Mr. Varian, in substance,
your Legislature enacted practically the law of Congress against
these offenses; that being the case, it expresses the willingness of
your legislators to meet the demands of the country on this subject.
Therefore, let us take so much of this territorial enactment as defines
"polygamy, or plural marriage," and provides for the punishment
thereof, and make it a provision in this Constitution, operating
without any further legislation. Then the people of the United States
will know that you mean really to prohibit "polygamous or plural
marriages" against which you make your declaration in the ordinance. In
pursuance of this proposition he introduced this resolution:
"The act of the governor and Legislative Assembly of the territory
of Utah, entitled, 'An act to punish polygamy and other kindred
offenses,' approved Feb. 4, A. D. 1892, in so far as the same
defines and imposes penalties for polygamy, is hereby declared to
be in force in the State of Utah."
Public-domain text, read in full here on John Shaqi.
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