There is nothing theocratic in the government of the Mormon Church that is exhibited to the world. It does not claim to govern the Territory of Utah. It acknowledges the authority of the Government of the United States. You cannot assail it by declaring it as a matter of opinion on the part of the American Congress that for a man to worship God according to his belief, as Mormons do (however contrary to our opinions and our wishes), is a theocracy to be suppressed with fire and sword. But if you will make war upon it, let it not be by striking down the liberties of your people and doing violence to your own holy faith; but assail it with the red right hand of war, with the sword to stab it out, and say to them: "Proclaim your heresies and conduct your rites beyond the limits of this Territory of the United States." Sir, this is worse than open, flagrant war. This is asserting to the people that what our fathers, acting under the teachings of the Christian religion, fought for more than a hundred years to accomplish, shall be thrown away. This is an assertion by the Congress of the United States that there may be a trial by a packed and prejudiced court, by partial jurors, by a man's enemies, and not his friends; that a government shall be constructed in which the vast majority—nine-tenths of the people—in defiance of the principles which control our whole political system, a government of a minority shall be constructed through penal provisions and through verdicts of courts selected and organized to try and convict!
SENATOR BROWN, GEORGIA.
The bill proposes to apply a religious test to the Mormons, in so far as it punishes the Mormon for his opinions, it is a religious test applied. He believes that Joseph Smith was a prophet as much as I believe that Jeremiah was a prophet; and while I think he is in an egregious error, I have no right to proscribe him because of his belief as long as he does not practice immorality. And I have no right to do more as a legislator than to prescribe rules to punish him for his immoralities, and leave him to the full enjoyment of his religious opinions, just as I claim the right to enjoy my own opinions. If we commence striking down any sect, however despised or however unpopular, on account of opinion's sake, we do not know how soon the fires of Smithfield may be rekindled or the gallows of New England for witches again be erected, or when another Catholic convent will be burned down.
We do not know how long it will be before the clamor would be raised by the religious institutions of this country, that no member of a church who holds the infallibility of the Pope or the doctrine of transubstantiation should hold office or vote in this country. We do not know how long it would be before it would be said that no member of a church who believed in close communion and baptism by immersion as the only mode, should vote or hold office in this country. You are treading on dangerous ground when you open this floodgate anew. We have passed the period where there is for the present any clamor on this subject, except as against the Mormons; but it seems there must be some periodical outcry against some denomination. Popular vengeance is now turned against the Mormons. When we are done with them, I know not who will next be considered the proper subject of it.
To accomplish this great object the Territorial practices of half a century are to be blotted out, local self-government is to be destroyed, the church is to be plundered, and the prosperous region of Utah is to be subjected to the rule of satraps whose unlimited power will enable them to rob and pillage the people at pleasure. If this system is once inaugurated, bitter as was our experience in the South during the late reconstruction period when our affairs were being regulated, it was mildness itself compared with what is in store for Utah as long as the wealth accumulated by the Mormons is not exhausted.
Mr. President, I shall be a party to no such proceedings. Other sections of the Union have frequently run wild in keeping up with New England ideas and New England practices on issues of this character. I presume they will do so again, but I, for one, shall not be a party to the enactment or enforcement of unconstitutional, tyrannical, and oppressive legislation for the purpose of crushing the Mormons or any other sect for the gratification of New England or any other section. The precedents which we are making, when the persons and parties in the States who feel it their duty to regulate the affairs of others find themselves unemployed and the regulation of Mormonism no longer profitable, will be used against other sects. Whether the Baptists, or the Catholics, or the Quakers will be selected for the next victim does not yet appear. But he who supposes that this spirit of restless and illegal intermeddling with the affairs of other sections will be satiated or appeased by the sacrifice of the Mormons has read modern history to little advantage.
The Mormon sect is marked for the first victim. The Constitution and the practices of the Government are to be disregarded and if need be trampled down to gratify the ire of dominant intermeddling.
And such is the fanaticism now prevalent in reference to the Mormon sect, that when it is clearly shown the regulation which they desire can not take place within the Constitution and laws, the restless regulators will doubtless be ready to follow the example of Mr. Stevens and regulate Mormonism outside of the Constitution. But why should Southern men become camp-followers in this crusade?
The Mormons may, however, be consoled by the reflection that their privileges need not be curtailed if they are obedient, nor the present practice diminished, but they must change the name and no longer conduct the wicked practice in what they call the "marriage relation."
The Government considers this no great hardship, as it freely permits in the Mormons, if called by the right name, what it does not punish in other people. For, without violating the policy of the Government in so far as it has been proclaimed by its Utah Commission, if the Mormons will conform to its requirements as to the mode, the practice of prostitution in Utah need not in the slightest degree be diminished. The clamor is not against the Mormon for having more than one woman, but for calling more than one his wife. And the Mormons will do well to remember that the policy of putting the whole population, men, women, and children to the sword, and filling the whole land with wailing, blood, and carnage will not be wanting in advocates if a portion of them still continue, each to cohabit with more than one woman in what they call "the marriage relation."