"Act of Congress against Polygamy.
"I respectfully call your attention to an Act of Congress, passed the 1st day of July, 1862, entitled 'An Act to punish and prevent the practice of polygamy in the Territories of the United States, and in other places, and disapproving and annulling certain Acts of the legislative assembly of Utah,' (chap. cxxvii. of the Statutes at Large of the last session of Congress, page 501.) I am aware that there is a prevailing opinion here that said Act is unconstitutional, and therefore it is recommended by those in high authority that no regard whatever should be paid to the same; and still more to be regretted, if I am rightly informed, in some instances it has been recommended that it be openly disregarded and defied, merely to defy the same.
"I take this occasion to warn the people of this Territory against such dangerous and disloyal counsels. Whether such Act is unconstitutional or not, is not necessary for me either to affirm or deny. The individual citizen, under no circumstances
whatever, has the right to defy any law or statute of the United States with impunity. In doing so he takes upon himself the risk of the penalties of that statute, be they what they may, in case his judgment should be in error.
"The Constitution has amply provided how and where all such questions of doubt are submitted and settled, namely, in the courts constituted for that purpose. To forcibly resist the execution of that Act would be, to say the least, a high misdemeanor; and if a whole community should become involved in such resistance, would call down upon it the consequences of insurrection and rebellion.
"I hope and trust that no such rash counsel will prevail. If, unhappily, I am mistaken in this, I choose to shut my eyes to the consequences.
"Liberty of Conscience.
"Amongst the most cherished and sacred rights secured to the citizen of the United States, is the right to worship God according to the dictates of conscience. . . .
"Religion was left a matter between man and his Maker, and not between man and the Government.
"But here arises a most important question,—a question perhaps that has never yet been asked or fully answered in this country,—How far does the right of conscience extend? Is there any limit to this right?—and if so, where shall the line of demarcation be drawn, designating that which is not forbidden from that which is? This is, indeed, a most important question, and from the tendency of the times, must sooner or later be answered. I cannot, and will not, on this occasion, pretend to answer this question; but will venture the suggestion, that when it is answered, the same rules will be adopted as if the freedom of speech and of the press were involved in the argument.