In no part of the world could we, as a people, have enjoyed the amount of
to the ears of those who have not reflected upon the subject; it is
nevertheless true. We talk sometimes of mob violence, of persecution, of
official and governmental corruption and  depravity. What of that? While
the constitution is acknowledged, it places the wrongdoer in the wrong,
condemns his practices and reveals the right; and whether mobs or Congress
violate it, they come under its reprehensions. In other nations, the laws
would be against us; in this, the Constitution and Constitutional laws sustain
Under a government just and equitable . . . this country flourished,
She prospered under the direction, the guidance and protection of the
Constitution. Well might Joseph Smith exclaim, "It was given by inspiration of
God." In such a condition, surrounded by so many blessings, what might have
been her destiny?
Had she still sought for and obtained the inspiration of the Almighty;
had she still progressed in virtue, integrity, honesty and wisdom; with the
riches, prestige and power of the earth and the blessings and aid of the
Almighty. . . kingdoms would have sought her protection, and nations her
of the world. Her conquests would have been the conquests of truth over error,
of light dispelling darkness, the conquests of virtue, integrity and honor.
She would have been the rising national sun, whose luminous beams would have
penetrated the political darkness of the nations, and from whose refulgent
rays new thoughts, new ideas, new principles and new actions would have
emanated . . . .
Instead of whichoh, how humiliating is the picture! she who might
have been queen of nations is now humbled in the dust and clothed in sackcloth
and ashes. Her young men have fallen in battle and her maidens mourn. Divided
and rent asunder by factions, military is taking the place of civil authority
and "children are her oppressors." Her wise men have departed, and there is no
one to point out the path of peace. The nations afar off point the finger of
scorn and say, "Is this your model nation, this your pattern of republican
government? . . ." While  she, torn, mangled, bleeding, palpitating and
helpless is dumb at the reproach.
In an evil hour she gave way. She forgot "the rock from whence she was
hewn and the pit from whence she was dug." She gloried in her own strength and
forgot the Lord her God. She abandoned the path of economy and industry, and
engaged in suicidal fraternal warfare; and while she was indulging in
riotousness and debauchery, in wantonness, fraud and corruption, exultingly
exclaiming, "Is not this great Babylon that I have built by the might of my
power," there was a handwriting upon the wall that made all knees tremble:
"Thou art weighed in the balances and found wanting. . . ."
Oh, man! immortal man, made in the image of God, bearing the impress of
Jehovahwhen wilt thou fulfill the high destiny for which thou were ordained
by thy creator? When will folly, empty pride, passion, jealousy, rage and
revenge give way to wisdom, humility, virtue, integrity, kindness, mercy,
magnanimity, universal brotherhood, and a reverence of God and His law? . . .
Oh! how fully hast thou demonstrated, in this Eden of the earth, the
incompetency of man to govern without the inspiration of the Almighty . . . .
What shall I say of US? . . . As part of the common brotherhood of the
nation, we will perform the part of a good citizen; rally round the cause of
right; maintain inviolate the Constitution of the United States; seek to God
for wisdom in every emergency; . . . cleave to the truth. And if all men
forsake this great bulwark of human rights, let us rally around it, and save
it from pollution and destruction, and hand it down uncontaminated and
undefiled to our children and children's children. (1)
"The years from 1871 to 1875 are notable in the history of Utah for
the judicial reign of terror which prevailed," Roberts says. (2)
authority to empanel "packed juries of pronounced antiMormons, chosen to
convict the Church leaders."
Brigham Young was arrested for "lewd and lascivious cohabitation;"
but this was only the first step in a scheme to convict the church
president of murder.
"Popular excitement ran high. For a time there was a threatened
collision between the court and the people. It was at this juncture that
Elder Taylor published five letters in the Deseret News, reviewing the
Why is it that the mercantile, commercial and mineral interests of this
Territory must be jeopardized or ruined by the machinations of a few strangers
sent here among us, having no sympathies with the people or in the interests
and prosperity of the Territory? Why is it that the liberties of our most
esteemed citizens are attacked and their characters assailed under the guise
of law? Why this palpable attempt to stir up sedition, provoke strife, and, is
it too much to say, to inaugurate a scene of desolation and bloodshed?
I have asked myself: Are governments organized to oppress and enslave
their subjects? Are courts instituted to insult, outrage, abuse, and tyrannize
over the people and legislate them out of the last remnants of their rights?
If not, why are we subject to this living insult, this crying disgrace, this
burning shame, this foetid excrescence of the body politic? . . .
I speak in behalf not only of the Mormon community, but, I am assured, of
threefourths of the respectable Gentile citizens of this Territory, who feel
themselves injured and their property and prospects jeopardized by these
wanton extrajudicial acts. For it is evident to all,  that except this
crusade is stopped, financial ruin must inevitably ensue.
These questions . . . have been solved by the very extraordinary and
lucid opinion of his honor Chief Justice J. B. McKean, delivered October 13,
1871, at the United States courtroom . . . . I quote: "It is therefore proper
to say, that while the case at the bar is called The People vs. Brigham Young,
its other and real title is FEDERAL AUTHORITY versus POLYGAMIC THEOCRACY."
This certainly elucidates the subject and throws light upon actions that
heretofore were not only enigmatical, but inexplicable. We have been pursuing
the even tenor of our way. . . . progressing in agricultural, commercial and
mineral enterprises, in machinery, manufactures and railroads, . . . until
these birds of evil omen. arrived, who. . . like the deadly simoon are
parching, withering, paralyzing, blasting and destroying everything within
We now have a reason given for this . . . crusade against the liberties
of the citizens of this Territory; . . . this prosecution, persecution and
infamy that have disgraced our courts for some years past. There has been an
undercurrent that was extremely difficult to comprehend. . . . His honor Judge
McKean, however, has dispelled the mist in which it was shrouded, and has
plainly given us to understand that it is . . . the United States against the
Church of Jesus Christ of Latterday Saints . . . .
They have tried by every possible means to make themselves odious to the
peopleand it must be acknowledged that they have succeeded admirably, for
never were a set of men more thoroughly despised anywhere in these United
States. By the unprecedented method of procuring juries, the ignoring of
Territorial law and Territorial courts and officers, and other outrages, they
have evidently been trying to provoke seditions, that a good pretext could be
had for calling out troops, that the fires of war might be kindled. . . .
 But the people would not revolt, and the more they were incensed and
goaded to it, the more they would not do it. The authorities, like the men who
desired someone to kick him, could not get kicked . . . . At last, when
everything else failed, as a dernier resort they tried it on our
Presidency, feeling confident that this would goad us to desperation, and they
telegraphed for troops beforehand. (3) But even this did not go off. So,
puzzled, perplexed, annoyed and baffled in their great aim, his honor the
Judge comes plainly out, makes a clean breast of it, and tells us that
everything else has been strategy, a feint, a ruse, but that war upon the
Church of Jesus Christ of Latterday Saints was the object which he had in
UtahWashington coterie were guilty of an antiMormon conspiracy. The
Omaha Herald minced no words:
This conspiracy began with the advent of the existing herd of federal
mercenaries to Utah. It crystalized under the agitation of the Cullom Bill,
which was drawn in Salt Lake. (4) The object was to break down the political
power of the people who had conquered Utah from a desert waste into a
beautiful garden. This was necessary to enable these malignants to occupy,
possess and control it. With the fall of Mormon power, McKean, Woods & Co.
were to bring Utah into the Union as a state, and become senators of the
United States, and heroes in a land already suffering from a surfeit of such.
scepter, not yet grasped, was departing. Something must be done. Criminal
statutes must be invoked. Proofs of crimes other than that of polygamy must be
secured. But before this is permitted, in pursuance of a deliberate plan,
decisions must be  promulgated whereby, under a thin disguise, Mormons,
on account of their religious beliefs and practices, must be excluded from
juries which would be thus necessarily constituted of their deadliest
enemiesmen who would do the known wish, if they did not obey the actual
behest, of their desperate masters. And this is but a brief outline of a
conspiracy which aims, at whatever cost, to destroy men and institutions in a
territory whose civilizing and industrial achievements are the admiration of
"The whole thing is instigated by a `ring' of . . . smallfry,
popinjay politicians, and wouldbe statesmen," the San Francisco Examiner
charged, who "know full well that they will have no show for promotion
until the Mormon power is broken."
Hence it is that they seek to create a civil war by means of packed
juries, unprincipled judges and perjured witnesses. Of course, if they
determine that no Mormon shall sit on a jury to try Young . . . he will
necessarily be convicted . . . . If they can send Brigham to prison, and
induce the people to rise up and liberate him, and thus produce a conflict,
Utah will be at once admitted as a state, and under the protection of federal
bayonets these mischiefmakers can have themselves elected senators,
congressmen, etc., just as the thieving carpetbaggers did at the south. The
whole affair is a disgrace to the American name. That a vile, little clique of
corrupt politicians should be permitted to use the power of the government to
embroil a peaceable community in civil strife, to gratify their personal greed
for place and plunder is an outrage upon decency, humanity, and justice. (7)
Such was the enemy and such the aims which Taylor denounced:
We are informed by his honor that "a system is on trial in the person of
Brigham Young; let all concerned  keep this fact steadily in view." Now,
as . . . it is not . . . a system of political rule, it must therefore and can
only be a religious system which is on trial in the person of Brigham Young. .
. . His honor gives us to understand that he has been accused of one thing and
is being tried for another, and furthermore he is already prejudged of guilt.
. . .
Washington Capitol, that "it is our judiciary, and not polygamy, that is being
tried, and sorely tried . . . . Thoughtful minds will concur in expressing the
belief that we procure its annihilation at heavy cost when we destroy our
In the above it has been shown that when these gentlemen came here, they
found us in a very happy, orderly, and prosperous condition; that, with or
without the knowledge of the administration, they have been conspiring against
the liberties of the people; that . . . they have made a violent attack upon
our religion; that they have repudiated and trampled underfoot our laws and
ignored our courts organized by Congressional enactment; that they have
arraigned our citizens for one thing and are trying them for another; that
they have obtained juries in a manner unknown to the Territorial laws,
prejudged cases, and acted as the most violent, vicious, and malignant
partisans, and by their acts have sought to provoke anarchy and revolt.
I would not be discourteous to our Federal officers;... but as public men
their acts must be scrutinized, and when the liberties of the people are
tampered with . . . it is time that the people look after their own interests
and not suffer themselves to be despoiled of moral, social, judicial,
religious and constitutional rights without a remonstrance. . . .
It must be remembered that while the court has persons at the bar, the
court itself is at the bar of public  opinion; for it is a fact that
judges are as amenable to law as are other citizens of the United States, and
to all men of reflection it is becoming a serious question how far Federal
authority shall be permitted to lend itself to factionists and party and
political cabals; how far it shall be permitted to interfere with private,
social, political and religious rights; and whether, under the name and guise
of Republicanism, we are not breaking down the safeguards and bulwarks of
society and rushing thoughtlessly and recklessly to the worst kind of anarchy
and despotism. (8)
"There has been from time immemorial a continual struggle between
the governors and the governed," Taylor said in his second letter, "the
first trying to usurp power, authority and dominion, and the other to
resist these encroachments."
Where integrity, virtue, and honesty have prevailed, whether under
monarchial or republican rule, there have existed happiness and freedom. Where
these have been lacking, disorder, anarchy, bondage and confusion have been
the result. Liberty is not a name but a reality.
In Republican France, under Napoleon, "Liberty, Equality, Fraternity" was
written over the entrance to every public edifice, while twenty persons could
not meet together in a private house without the permission of the police, and
private papers could be examined by the same authority. At the same time in
monarchial England, you needed no passport, your house was your castle, and
God according to the dictates of their own consciences and be justified in
that right. In republican America, thousands of her citizens have time and
again been robbed, murdered, pillaged, driven and exiled for their religion
This same England centuries ago proscribed, persecuted and exiled her
and to the then wilds of America, to secure themselves from the fury of their
oppressors. And yet, strange as it is, those very Puritans persecuted the
Quakers and Baptists for believing in and worshiping God.
Freedom, justice and liberty are not therefore the growth of republican
institutions alone. Freedom and liberty are the gifts of God, and are
frequently wrenched unwillingly from the hands of tyrants. Tyranny, under, any
guise, is a hideous monster. Dressed in the trappings of royalty or the plain
garb of republicanism, it is still a monster. . . . Tyranny is the same,
whether in the dictator, . . . the general, the judge or the preacher.
The very honorable, venerable and patriotic gentle men who framed our
Declaration of Independence had many of the above facts in view, and, smarting
under the lash of British tyranny, entered their vehement protest,... as in
living letters of fire "All men are created equal, that
they are endowed by their Creator with certain inalienable rights, that among
these are Life, Liberty, and the pursuit of Happiness. That to secure these
rights, Governments are instituted among men, deriving their just powers from
the consent of the governed."
The honorable framers of the Constitution of the United States were no
less alive to these matters, and while they threw safeguards around the civil
power, were very anxious to protect the people in their individual, social,
religious and political rights. And lest their ideas should be misunderstood,
they made several amendments directly intended to protect the rights of the
of good order, with patriots and honest men. And the bigoted and fanatical
attacks against this people have been instituted against private interests,
constitutional guarantees, religion and the rights of man....
 There are certain inalienable rights possessed by man; . . . and that as
every individual possesses the right to breathe, and to have the blood
circulate, so every individual in every community in all the world inherits
this inestimable, Godgiven right ; and like the breath or blood,
he carries it with him wherever he goes, and no person, no potentate, prince
legitimately dispossess him of this right. It is inherited from God and must
not be interfered with by man.
As every interference with or stoppage of the blood or breath in the
natural body produces distress, disorder and convulsions in the system, so
every interference with this inherent right of man produces convulsions in the
body politic; and the unnatural attempts of kings, emperors, presidents,
legislatures, judges, governors or autocrats to interfere with this sacred,
eternal, Godgiven right, have been productive of all the oppressions,
bloodshed, injustice, war, carnage and desolation, the tears, groans and
misery with which the world has been cursed. . . .
It is alleged "that all nations have the elements of destruction within
themselves;" and this, in fact, is the principal element of destruction that
is found among all nations; for, so far as they interfere with this inherent
Godgiven right, they open the floodgates of error; and injustice, tyranny,
oppression and corruption follow in its train; anarchy, confusion and revolt
ensue; and weakness and desolation are the result . . . .
Our fathers discovered that all governments derive their just power from
the consent of the governed. It has been well said by an eminent author, that
"all delegated power is trust, and all assumed power is usurpation. A
constitution is not the act of government, but of a people constituting a
government." Assuming the above hypothesis to be rightand no man can
successfully dispute itwhat becomes of the action of our Federal officers? .
. . There is said to be a hundred thousand inhabitants in this Territory. How
many of them had a voice in the selection of the present Federal officers? Not
 one. There is a grand jury here. Out of one hundred thousand Mormons,
how many of them sat on this grand jury? Not one . . . .
Liberty does not consist in the clanging of bells, the sound of trumpets,
the beat of drums, the rearing of tall liberty poles, in the parade, the pomp,
the glitter and show, nor in the declamation of demagogues nor the sanctity of
courts, . . . but in the preserving of these rights to the people, and
preserving intact as the living inheritance of man. Every man that
sustains these principles is the friend of freedom and humanity, and every one
who opposes them, whether among autocrats, monarchies, or, republics, is a
disturber of the peace, a sower of discord, an enemy of mankind and of God.
principles of universal liberty," he said, "are, in fact, the leading
prominent features of the Kingdom of God."
shackles will be knocked from every son and daughter of Adam; there will be
proclaimed a universal jubilee, and all mankind will be free, every wrong will
be suppressed, and every right maintained. . . . Then these heavenborn
principles announced at the birth of Jesus, "Peace on earth and good will to
men," shall be proclaimed to every nation . . . . Then all hearts shall be
made glad, the voice of mourning and sorrow banished from the earth. . . .
This is what the United States are trying to inaugurate. Judge McKean
says it is a system that is on trial. He does not know it, but the above is
the systemwhat he is pleased to call "Polygamic Theocracy," against which he
says Federal authority is arrayed;or, in other words, the United States
versus popular sovereignity, the inalienable rights of man, universal freedom,
the reign of peace, the kingdom of God.
document, it contained a basic flaw. Its framers "were not legislating
for the world, nor forming compacts for any other people than their own.
They did not even prohibit slavery. Their compact was simply with the