The Life of John Taylor: Third President of the Church of Jesus Christ of Latter-Day SaintsRoberts, B. H. (Brigham Henry)
History
The Life of John Taylor: Third President of the Church of Jesus Christ of Latter-Day Saints
Roberts, B. H. (Brigham Henry)
Latter Day Saint churches; Taylor, John, 1808-1887
"Judge Dent, the mission which God has called upon me to perform in
Utah, is as much above the duties of other courts and judges as the
heavens are above the earth, and whenever or wherever I may find the
local or federal laws obstructing or interfering therewith, by God's
blessing I shall trample them under my feet."
While it seems too monstrous for belief that a United States judge
should make such remarks as these, it is a stubborn fact, borne out by
the records of the proceedings of his court, that James B. McKean did
all he threatened to do in the above reported conversation.
His first attack was upon the Territorial attorney-general and marshal,
both of whom, without the authority of law, were pushed out of office
and their duties performed by the United States district attorney and
marshal. The next step was to ignore the Territorial statutes providing
for the impanelling of grand and petit jurors; and authorizing the
United States marshal to select them at his own pleasure. The result
was packed juries of pronounced anti-Mormons, chosen to convict the
Church leaders. One more step and the machinery of the court was ready
for the evidently contemplated judicial crusade; the United States
prosecuting attorney having resigned, Judge McKean appointed as his
successor R. N. Baskin, a man as bitter in his hatred of the Church of
Jesus Christ and its chief officers as the judge himself; and not one
whit behind him in recklessness. This appointment was made in violation
of law, since only the President of the United States with the consent
of the senate, has power to appoint that officer.
The machinery all being ready, a number of indictments were found
against men high in authority in the Church, under an old Territorial
statute defining and punishing adultery. It was notorious throughout
the United States that if these men in their polygamous relations were
guilty of any offense at all, it must have been the violation of the
anti-polygamy laws of Congress, and not the aforesaid Territorial law
enacted by a legislature the members of which were chiefly polygamists.
Among those indicated under this _regime_ was President Brigham Young,
against whom an indictment with sixteen separate counts was found. Each
count constituting a separate offense. He appeared in court to answer
to these charges; and the judge in over-ruling a motion to quash the
indictment took occasion to say:
"Courts are bound to take notice of the political and social condition
of the country which they judicially rule. It is therefore proper
to say, that while the case at bar is called 'The People _versus_
Brigham Young,' its other and real name is 'Federal Authority _versus_
Polygamous Theocracy."'
Public-domain text, read in full here on John Shaqi.
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