The Test Oath
Perhaps the most abominable and shameful thing they did was to prepare the following “test oath:”
County of Territory of Utah, } ss.
I ……………, being first duly sworn (or affirmed), depose and say that I am over twenty-one years of age, and have resided in the Territory of Utah for six months, and in the precinct of ……………… one month immediately preceding the date hereof, and (if a male) am a native born or naturalized (as the case may be) citizen of the United States and a taxpayer in this Territory, or (if a female), I am native born, or naturalized, or the wife, widow or daughter (as the case may be) of a native born or naturalized citizen of the United States; and I do further solemnly swear (or affirm) that I am not a bigamist or a polygamist; that I am not a violator of the laws of the United States prohibiting bigamy or polygamy; that I do not live or cohabit with more than one woman in the marriage relation, nor does any relation exist between me and any woman which has been entered into or continued in violation of the said laws of the United States prohibiting bigamy or polygamy; and (if a woman) that I am not the wife of a polygamist, nor have I entered into any relation with any man in violation of the laws of the United States concerning polygamy or bigamy.
Subscribed and sworn before me this …….. day of …………, 1882.
……………………………….
Registration Officer …… Precinct.
Careful Wording of the Oath
The expression “I do not live or cohabit with more than one woman IN THE MARRIAGE RELATION,” was so placed as were other clauses to apply against the “Mormons” only. The “Mormon” press and preachers drew attention to this feature of the oath which denied to the “Mormon polygamist,” but permitted the “Gentile libertine,” the right to vote. The admission was commonly made that the Edmunds Law was prepared solely against the “Mormons” and not to apply to the immoralities of the “Gentiles.” This led the First Presidency in an address to the Saints in August, 1882, to say that they regretted that men of high positions would take that view of the law; but they perceived “with unmixed satisfaction” the sharp distinction the oath drew between marriage and licentiousness.
The Law made Retroactive
Another infamous ruling was that any person who had lived in the plural marriage state, but was then not living in that relation, was denied the right of franchise; and this was interpreted to apply to those who had thus married even before the law of 1862. For instance, if a man had married two wives in 1850, before any law against plural marriage was enacted, and both wives had died before the law was passed; the commission ruled that he was a “polygamist” notwithstanding he had no wife living, and denied him the right to vote. “Once a polygamist always a polygamist,” was the common expression. Other rulings and actions, contrary to the law, but intended to annoy and disfranchise the members of the Church, that the minority might rule, were attempted, among them denial to the women of their suffrage.
A Campaign of Persecution
From this time forth until the close of President John Taylor’s administration, and beyond, the government of the United States carried on a campaign of prosecution, that was relentless and even cruel, against all members of the Church who had married plural wives. Men were punished, not for contracting plural marriage since the passage of the law, but for “unlawful cohabitation;” federal officers hunted men and women and dragged them before selected grand juries, where they were shamefully insulted. Even small children did not escape, but were forced to testify and answer improper and indecent questions, with the object in view of obtaining evidence against their parents; and this was done with threats of dire punishment and contempt of court, if they refused. Such actions partook too much of the days of the Spanish inquisition. Paid spies —men of debased character—were employed to gather evidence. Among those who sat on juries to judge the “morals” of the “Mormon” people, were those who were recreant to every law of decency. The petty officers and the judges of the courts carried on a reign of terror in their determination to stamp out the practice of plural marriage, and it appeared that the greatest crime in the world was for a man to acknowledge honestly that he was the husband of more than one wife, and that he diligently and faithfully supported them and their children; while for the libertine and the harlot there was protection by officers of the law.