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The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, March 11, 1892, Image 6

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Conclusion of His Argument for
Home Rule
He IE Frequently Interrupted by Questions
From Memburs Indicating Their Inter
est In the Matter
Following is the conclusion of the speech
delivered by Hon Franklin S Richards
in Washington in his able advocacy of the
Home Rule bill
WASHINGTON D C1 February 15 1892
The committee met at 10 oclock a m
pursuant to adjournment
Present Senators Stewart acting
chairman Shoup Jones Carlisle Faulk
ner and Gordon
Mr RichardsMr Chairman and gentle
men of the committee before proceeding
with my argument in order that there
may be no misapprehension as to our posi
tion because of what has been or may be
said I desire to say again that we are not
hero to reflect upon any of the individuals
who have composed the Utah commission
nor are we here to assail or criticise them
collectively nor indeed any federal official
As has already been stated it is the system
that was created by Congress that wo are
criticising That system no matter how high
the character of the men under the circum
stances and surroundings is as we think
vicious because it is calculated to induce
errors just such as hate occurred
Other men would likely have fallen into
the same errors The system is wrong
and it is of that that we complain and not
of the men This system deprives the peo
ple of aU power in respect of these local
affairs The commission appoints officers
who are in no way responsible to the peo
ple for their acts The result has been most
pernicious as has already appeared and
will further appear as we go along
What we are here for is to point out the
inherent vice of the system by showing
what has occurred under it and not to i
criticise the men who have been discharg I
ing duties under it It invites mistakes I
and we think that the only way to deal
with It is to abolish the system and remit
the selection of the local officers to the peo
pie and let them be subject to such respon
sibility as the people may impose
When the committee adjourned on Satur
day I was showing by the testimony of
leaders of the Mormon people that polyg
amy bad been permanently abandoned in
good faithand that those leaders disclaimed
the right to dictate or control in political
As you will remember I had read the
manifesto Issued by the president of the
church on the subject of plural marriages
I had recited the action of the conference
of the church affirming and indorsing that
manifesto I had explained how the Peo
ples party came to be dissolved through a
desireon the part of the people themselves
to affiliate with the national political par
ties I had quoted extensively from an In
view bad with Presidents Wilford Wood
ruff and George Q Cannon two of the first
presidency of the church in which they
emphatically disclaimed any right or desire
to dictate to the people in political matters 1
believing that each person should be left I
perfectly free to follow his own inclina
Pursuing the same line a little further I
will reau the preamble and resolutions
adopted by the Mormon church in general
conference assembled on the 6th day of 1
October 1S91 These resolutions were pre
pared by a committee appointed by the
conference for that purpose the action
having been taken because of insinuations
of the Utah commission contained in their
report to the secretary of the interior for I
the year 1S91 that plural marriages were
still being contracted in the territory I
stated on Saturday as you will perhaps re
member and as appears In their report
that tbey claimed to have received reports I
that certain persons are believed to have I
entered into polygamous marriages during
the year
Senator FaulknerI do not understand
that the report says they believe that cer
tain persons have entered into this rela
I tion but that some eighteen male persons
whose name they did not give have
Mr RichardsYou are right they do
not give tha names On the contrary we
1 I have asked for them repeatedly but have
never yet obtained a single name in the live
years that these insinuations have been
made since polygamy was abandoned
These are the resolutions that were
unanimously adopted by the conference
Whereas the Utah commission with one ex
ception In their report to the secretary of the
Interior for 1S91 have made many untruthful
statements concerning the Church of Jesus
Christ of Latterday Saints and the attitude of
its members In relation to political affairs and
Whereas said report Is an official document
and Is likely to greatly prejudice the people of
the nation against our church and Its members
and it Is therefore unwise to allow Its errone
ous statements to pass unnoticed Now there
fore be It
Jlesoltedby the Church of Jesus Christ of Latter
day Saints in General Conference assevillcd
That we deny most emphatically the assertion
1s00t f lJr
of the commission that the church dominates
Its members in political matters and that chur < h
and state are united
That was one of the points made by the
Whatever appearance there may havo been
in past times of a union of church and state be
cause men holding ecclesiastical authority were
elected to civil olflco by popular vote there is
now no foundation or excuse for the statement
that church and state arc united in Utah or that
the leaders of the church dictate the members
in political matters that no coercion or influ
ence whatever of an ecclesiastical nature has
been exercised over us by our church leaders in
reference to which political party we shall join
and that we have been and are perfectly free to
unite with any or no political party as we may
individually < t that the Peoples party has
been entirely and finally dissolved and that our
fealty henceforth will be to such national politi
cal party as seems to us best suited to the pur
poses of republican government
Also be it resolved That we do not believe
there have been any polygamous marriages
solemnized among the Latterday Saints during
the period named by the Utah commission and
we denounce the statements whicli convey the
idea that such marriages have been contracted
r as false and misleading and that we protest
against the perversions of fact and principle
and intent contained in the report of tho com
mission and declare that the manifesto of
President Woodruff forbidding future plural
marriages was adopted at the last October con
ference in all sincerity and good faith and that
we have every reason to believe that it has been
carried out in letter and In spirit and all state
ments to the contrary are entirely destitute of
And be it further resoltcd That we appeal to
the press and people of this country to accept
our united declaration and protest to give it
publicity and to aid id disseminating the truth
that falsehood may be refuted and justice be
lone to a people continually maligned and al
most universally misunderstood And may God
defend the right
There were present at this conference
representatives of all the orders of the
priesthood in the church and members
all parts of the country a congregation of
from 10000 to 15000 people
At the same conference the first presi
dency of the church made the declaration
concerning the falsity of the charge that
polygamous marriages had been contracted
which I have already quoted
I need not remind you gentlemen that
this was a serious thing to do Is it uroba
ble that so many people would enact a farce
and promulgate these things to the world
if they were untrue The Mormons have
never been accused of being fools Idiocy
has not been included in the multitude of
offences charged against them They must
have known as any sano man
would know that if a false declara
tion were made the evidence of Its falsity
would eventually appear But as I have
already stated they knew the statement to
L be true as they had known when the man
ifesto was issued that it was true and that
plural marriages had been forbidden since
the year 18S7
In regard to the charge of union of
church and state or the domination of the
iesthood in political matters tho state
ments of the presidency which I have read
conclusively disprove the charge They
are in harmony with the law of the church
I read now from the doctrine and cove
nants or Book of Revelation from the
chapter on government
We believe that governments were instituted
of God for the benefit of man and that He holds
men accountable for their acts in relation to
them either in making laws or administering
them for the good and safety of society We
believe that no government can exist in peace
except such laws are framed and held inviolate
as will secure to each individual tho free exer
cise or conscience the right and control of prop
erty and the protection of life
Wo do not believe it just to mingle religious
influence with civil government whereby one
religious society is fostered and another pro
scribed in its spiritual privileges and the indi
vidual rights of its members as citizens denied
And again in the same Book of Revela
tions we find this
Wherefore be subject to the Dowers that be
until He reigns whose right It Is to reign and
ubdues all enemies under His feot Behold
the laws which ye have received are the laws
of the church and in this light shall ye hold
them forth Importune for redress and redemp
tion by the hands of those who are placed as
rulers and are in authority over you according
to the laws and constitution of the people which
I have suffered to be established and should be I
maintained for the rights and protection of all
flesh according to just and holy principles
That every man may act in doctrine and princi
ple pertaining to futurity according to the
moral agency which I have given unto them
that every man may be accountable for his own
sins in tho day of judgment Therefore it is not
right that any man should be in bondage one
to another And for this purpose have I estab
lished the constitution of this land by the hands
of wise men whom I raised up unto this very
No longer ago than the 29th day ot last
month the Deserct News the official organ
of the church declared in an editorial
among other things that the church was
out of politics That is generally under
stood and fully recognized by tho members
of the church
One more extract will close my remarks
on this point I road from an interview
had with Judge Zane chief justice of the
supreme court of Utah His views having
been asked with regard to the enabling net
that is now pending in the Senate known
as the Teller bill he said
My views as to the bill for an enabling act for
Utah territory introduced into the United
States Senate yesterday by Senator Teller are
that I am for tho passage of the bill without
any mental reservation further state unhesi
tatingly that it Is my opinion that tho Republi
can party of Utah should declare In favor of its
passage and insist upon its becoming a law
The Church Jesus Christ Latterday Saints
has taUen a stand against the practice of polyg
amy and I have no doubt that its members ae
sire to cooperate with nouMormons politically
for the common good II Utah becomes a state
the Mormons will understand that their mate
rial and political interests their welfare and
happiness are so related toand connected with
those of the Gentiles that laws benefiting the
latter will be good for the former and such laws
as oppress and injure the one class will be det
rimental to the other
More than 20U000 people in Utah are building
its cities opening and working its mines of in
calculable wealth improving and cultivating i
vast numbers of productive and valuable farms i
and herding its flocks in its valleys and upon its
hills Comparatively speaking these people
are temperate industrious and honest They
are sufficient in numbers and possess the re
quisite wealth and intelligence to be admitted
into the sisterhood of states I suy lat state
hood come The Mormon scare has blown
over I am unable to see under statehood the
alarming apparitions and hobgoblins conjured
up by timidity and fear or by prejudice The
time hascome to abandon the enmities the
contention and prejudice of the past and to lay
the foundation of the state of Utah deep and
sure upon civil and religious libertyupon the
great principle of equality before the law We
are yet at the foot of tho hill the summit of
which will be scaled in distant ages through
Generations of progress and prosperity lhe
people of Utah with the citizens of the United
States in other parts of its wide borders are
entitled to national sovereignty and to thoso
powers delegated by the constitution of the
United States to the federal government and to
state sovereignty as to those powers cot so
delegated I am for statehood according to the
provisions of the Teller bill so far as they have
been reported to me
During tho contest that has gone on in
Utah during the past eight years DO man
ias been more zealous in his endeavors to
mforce the law than Chief Justice Zano
3e was among the first to recognize the I
hange of conditions in the territory He
speaks with no uncertain sound He not
anly recommends all that is asked for in
lie Faulkner bill but he advocates the
granting of statehood and I toll you he is
right Utah is entitled to it on every con I
ceivable ground
There are statements in the reports of
the governor and Utah commission to the
secretary of the interior for the year 1S91
which go to sustain our position and show
that the people can be trusted to govern
themselves but 1 must not detain you b
reading them The minority report of
Commissioner McClernand is especially
commended for your perusal
You were told on Saturday that there
was a petition on tile in the department of
justice signed by the leaders of the Mor
mon people in which they say polygamy
has been abandoned and they bow in sub
mission to the laws of tho land The good
faith of the petitioners and the fact that
satisfactory conditions exist are vouched
for by the indorsements of the governor
the secretary two members of the Utah
commission and every federal judge in
Utah who ask for the restoration of politi
cal rights and privileges to the disfran
chised people of that territory Surely
such evidence as that will move you to give
favorable consideration to the request we
make to be permitted to govern ourselves
I shall now call your attention briefly to
the history of Congressional legislation
and the administration of the laws in Utah
And in doing so I desire it to be distinctly
understood that
either of the legislation itself or of the ad
ministration of the law or of any man who
has taken part in executing it I simply
wish to stale plain and unvarnished facts
not for the purpose of sentiment but th
OU may draw from those facts conclusions
that I think are irresistible to an impartial
As you know there was no statute
against polygamy in Utah till 1SC2 In that
year an act of Congress was passed mak
ing it an offense This law was not en
forced It was generally believed to be un
constitutional and remained a deadletter
for fifteen years Then a test case was
madethe Reynolds case and the law was
declared constitutional in 1879 J Nothing
further was done for three or four years
till the Edmunds law was passed in 18S2
That act not only reenactedthe law of 1SG2
but it disfranchised and disqualified polyg
amists from holding office It also created
the offence of unlawful cohabitation This
law was not enforced till 18S4 In that
year prosecutions wero commenced under
it number of indictments were found
for unlawful cohabitation and the first
question to be determined under the law
was what constituted the offense The
statute simply says that a man who co
habits with more than one woman is
guilty of a misdemeanor What was the
meaning of the term cohabit as used in I
this law It was believed by many attor
neys of high standing and respectability at
the bar in Utah that the rule which has
always prevailed in this country and in
England making sexual intercourse an es
sential element of a criminal cohabitation
would apply to this statute Some of the per
sons affected by the law had regulated
their conduct to conform with that theory
That construction was contended for but
denied by the supreme court of the United
States though a dissenting opinion was
filed by Justices Miller and Field
When the law was so declared it becamo
a very serious question what line of con
duct was necessary on the part of this class
of persons to enable them to avoid the pen
alties of the law and at the same time dis
charge the moral duties that devolve upon
them by reason of their peculiar status for
they had wives and children that must be
supported The courts held that any asso
ciation as husband and wHo might consti
tute the offense Many men were convicted
and sent to the penitentiary for what io
known in Utah as constructive cohabita
tion which did not involve any marital
association whatever You can imagine
the anxiety and apprehension that would
naturally prevail in a community where
such conditions existed
But that was not all Soon another step
was taken to make these prosecutions more
severe The famous segregation doctrine
was announced Unlawful cohabitation
which has always been a continuous of
fense was taken out of that category by
the local courts It was contended that a
grand jury might investigate the conduct
of an individual for the past three years
and carve out of his acts as many offenses
as they saw fitone for every month or
for every week or for every day of that
period Numerous segregation indictments
were found A test case was taken to the
the supreme court of the United States
where it was held to be a continuous of
fense until the indictment is found and so
that theory was exploded But not until it
had struck terror to the hearts of many
people some of whom fled from the juris
diction of the court rather than face a
series of prosecutions that might entail
penalties so great as to require the fortune
of a Croesus and the life of a Methuselah I
to cancel the fines and imprisodment im
The next dodge was segregation in an
other form It was said that while the
same grand jury could not indict a man
twice lor unlawful cohabitation they
might indict him for adultery and unlaw
ful cohabitation with the same women
during the same period of time That was
tried The supreme court again said No
and that scheme failed
Senator GordonWere there convictions
by the Utah courts on the double plea of
cohabitation and adultery
Mr Richards Yes sir
Senator GordonAnd were they con
Mr RichardsYes sir but the supreme
court reversed the territorial courts
While these things were going on it will
be remembered that in addition to the
ordinary facilities for criminal prosecution
the government possessed the extraordin
ary powers conferred by acts of Congress
to exclude from the jury every person
shown to have any belief in polygamy or
sympathy with tne defendant to attach
witnesses without a previous subpoena and
compel their immediate attendance to per
mit the legal wife to testify against her
husband to compel the attendance and
testimony of the alleged plural wife the
children and neighbors of the defendant
employ a horde of marshals possessing all
the powers of peace officers to detect ob
tain evidence against and arrest violators
of the law and who were spurred on to ex
tra diligence by liberal fees and backed by
a strong hostile public sentiment which
justified any extremes against a polygamous
I repeat that these things are not stated
by way of complaint I say them rather in
sorrow than in anger but they illustrate I
the point of my argument The grand re
sult of all this extra judicial prosecution
sums up about one thousand convictions
for all offenses against the laws of Con
gress Is that not confirmatory in the
highest degree of what told you on Satur
day about the small number of polygamists
in Utah That is my point
There are gentlemen in this room who
have had experience in the administration
of these laws one as judge another as
United States marshal and they will tell
you if asked that it was impossible for the
guilty to escape that the men who have
violated the law oven under these extreme
constructions have been convicted and
l punished therefor Do you pot think the
demands of justice have been fully satiffed
and even vengeance a > peased
Senator Faullmer What percentage of
that thousand cases was indictments for
polygamous marriages as distinguished
from cohabitation adultery
Mr RichardsI should say from 2 to 5
per > cent Certainly not more
Senator ShoupHow inauy woro cqji
victed on the double charge 01 cohabitation
end adultery
Mr Richards do not know how many
There were several such convictions ut
most of the indictments were quashed after
ho decision of the supreme court
I say then that we have shown the very
small number of offenders against the law
and even these few old men are not now
living with their wives nor coliabitatm
with them oven constructively What
possible menace can that be to society
Senator Faulkner will ask you for information
formation whether or not those offenses
of cohabitation without the sanction of
the church as to the sotemtrzatiou of plural
marriages wero not in violation of the
rules of the church
Mr Richards Yes sir it appears from j
he testimony of Presidents Woodruff i
Cannon and Smith which will be made an i
ippeud x to my remarks that unlawful I
onabitation is a violation of the law of tile
hurch as well as the law of tho land
Senator JonesYou mean by that cohab
tation as at present defined by the couitsi
Mr RichardsYes sir
Another point is clear from the facts
stated It bears upon the question of s ti
erity and seeDS to me conclusive You
nave been told that there was not an hcur
luring this period of eight or ten years of
sorrow and suffering on tho i art of these
people of misery and distress of heart
burnings and trying ordeals the story of
which will never be fully told1 say there
never was an hour during all this reign of
terror that these men could not have re
lieved themselves from all penalties by
simply saying Yes when ihey were asked
to promise obedience to the law
If they had made the pledge then you
might have questioned their sincerity for
there was much at stake and great induce
ment to make the promise but with heroic
fortitude they marched into the prison cell
and satisfied the demands of the law to the
uttermost farthing Then they came forth
and said We bow to the majesty of the
law and will yield a loyal obedience to it
I say that a people who will endure what
these have suffered for conscience sako can
not be inincereand you know gentlemen
that what I say is true Human nature is i
the same the world over The strong
est possible evidence of good faith
of the Mormon people lies in
the fact that they waited till
every penalty has been paid and tho de
mands of the law satisfied before making
their unconditional surrender
It would seem that the suffering of these
people had been severe enough to satisfy
the most exacting demands but the pun
ishment did not fall upon the guilty alone
as is the rule among civilized nations
The innocent have been made to suffer for
the misdotnes of their brethren Church
property that had been contributed by all
classes of members of the church which
represented the gift of tho banker and the
mite of the widow the contributions of
thousands of persons who had never vio
lated any law of their country was seized
by the government for confiscation and
what is a thousand tirre worst than that
nearly a quarter of a million American citi
zens are
You may think that a strong term gen
tlemen but it is absolutely true If ev ry
man and woman who has over lived iu a
polygamous relation was to leave Utah to
day there would remain over 200000 law
abiding people who are now in a condition
WOLSO than that ot colonial vassalage And
why Not because they have ever violated
the law nor because anybody else is now
violating the law but because years ago
a few men lived in polygamy who are now
lawabiding and exemplary citizens
We ask you as wo have asked our politi
cal opponents What more can we do to
establish our right to freedom If there
i is anything lacking in the name of con
science and for the sake of humanity do
point it out and tell us what to do Ke
member our fathers as well as yours
made the grandest declaration of humnn
liberty that the world has ever known and
thef maintained it with their lives their
fortunes and their sacrea honor Wo
nave inherited a love for liberty Our de
votion to country is not excelled by any in I
the land Wo have been taught from child
hood that the constitution of tho United
States is an inspired charter of human free
dom We have listened to the story of or
countrys greatness as it fell from our
mothers sacred lips We have read tho
glorious achievements of our patriot fath
ers and the fire of liberty burns in our
breasts The very air we breathe the
grand old mountains that surround our
homes the pure streams of living water
that flows from the eternal snovs all
make us long for liberty and the rights 01
freemen Wo ask you for such measure of
freedom as will enable us to feel that the
great declaration of human equality is no
longer a solemn mockery to us And I
promise you that every man who lifts his
voice for the emancipation of tho people ol
Utah will receive the grateful benedictions
of thousands of patriotic aud Godfearing
peoplo which will ascend to the throne of
grace like sweet incense And when Utah
gets her deserts the rough diamond in the
mountains will become a sparkling pen
and the crowning jewel in Columbias dia
There is no danger from whooping h
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Up to 500 Ms and from I Horse POW to 40 Horse Ppwcr
G Electric LJght Dynamos Q
Suitable for any Socket 50 Volts to 110 Volts 16 C P to 750 C P
And Rock Drills
L C TRENT Director end General Western Manager
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City Office 166 South Main Street
Works 424 West First South Street
Mining Maehinery Concentrating Mills
Quartz Mills i malting Furnaces Oro Cars Car Wheels Slag Pots
Repairs on Machinery Pipe Cutting and everything ap
pertaining to our line promptly executed
3 1 O W Bt X i 0
lot Mm st Salt Lake City Utah 2461 Washington Aye Ogden Utah
Fire Arms Ammuniupu Fishing iockle Basebau Lawn Tennis and Gymnasium
Supplies Boxing Gloves Indian Clubs Skates Cutlery Thompson Boots and Shoe
Bicycler etc
We have a full line of Sporting Goods of every description Send for onr now
illustrated catalogue jus Ut Frau to all
i This Space Keservea tor r
Agents Pabst Brewing Co5 Milwaukee
189 13 jd79 119 COtXJll eroia1 S1creet
Tlnners Plumbers
flnmblar Malarial Pumps Pipes and Fittings
Bteam Heating Supplies Tin and Iron Roofing
Galvanized Iron Cornice Guttering Garden Kosa
and Lawn Sprinklers Water Fitters Etcs Et

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