"Years afterwards the Edmunds' law was enacted, which made my status criminal—that is to say, from my standpoint—my conduct was made by it malum prohibitum, because in my opinion it cannot be made malum in se. That law requires that I should give up a vital principle of my religion, and discard at least a portion of my family, and consequently disrupt my family organization.
"This places me, as your honour will perceive, in a very painful position: because I have a large family, and the ties which bind them to myself are sacred, and the affection which I entertain for them is deep, and I do not think that these ties can possibly be severed by any law of whatever character it may be, or from whatever source it may spring; because there are sentiments and feelings that are engendered in the human heart that the law cannot touch. I will say here, also, that the lady who would have been the principal witness in this case, had I not testified against myself, stated to me that she would decline to testify against me, or do anything that would have the effect of sending me to prison. And now, after such an exhibition of devotion to me on her part, the bare contemplation of cutting her adrift is revolting to my soul, and I could not do it.
"People's ideas differ in regard to what constitutes religion. Some hold that it is merely sentiment and faith, and does not necessarily embody action. I differ from this view; and I have always been bold to express my opinions on every subject without fear, favour, or hope of reward. I am of the opinion expressed by the Apostle James, who stated that faith without works is dead. The religion that I believe in is a religion that finds expression in action.
"I am aware of the attitude of the court, and I presume of the country, towards the peculiar institution of religion in the Church with which I am identified, and which I have honestly accepted and have honestly practised. It is held that this conjugal relationship threatens the existence of monogamous marriage. must say that, judging from the attitude of this court, which represents, I presume, the attitude of the nation, and in view of the assaults that are made on plural marriage, it appears to me that there is not very much ground for apprehension of danger in that respect.
"It is also true that some people hold that my relations in a family capacity are adulterous. From my point of view, however, I have the consoling reflection that I am in excellent company, including Moses, the enunciator, under God, of the principles which constitute the foundation of modern jurisprudence.
"Not to weary the court, I will simply say that my purpose is fixed, and I hope unalterable. It is, that I shall stand by my allegiance to God, fidelity to my family, and what I conceive to be my duty to the constitution of the country, which guarantees the fullest religious liberty to the citizen.
"I thank your honour for bearing with me, and will now simply conclude by stating that I am prepared to receive the pleasure of the court.
"Mr. Nicholson spoke in a low, but clear and deliberate tone, which was maintained without variation to the close. The manner, as much as the matter of his speech, clearly prepossessed all hearers in his favour, and even the judge was impressed by it."
It will be seen from these examples that there is a strong determination on the part of the United States' government to root out polygamy, and there also seems to be an equally firm determination of the Mormons to stand by this, which they regard as an essential article of faith.
After a long address from the judge, Mr. Nicholson and the other polygamists received the same sentence as Smith, and were all driven off to the Penitentiary.