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APPENDIX.
HOW AMNESTY WAS OBTAINED.
Below is found the petition through which universal amnesty was obtained for offenders under the Edmunds law. It was signed by the first presidency of the Mormon church, and by all the apostles. Then it was submitted to Governor Thomas, Judge Zane, and other prominent men who had been pronounced in their insistence that the laws should be obeyed in Utah, and they in turn certified to the full belief that the petition was sincere, and that if amnesty should be granted there would be no violation of faith.
To the President of the United States:
"We the first Presidency and Apostles of the Church of Jesus Christ of Latter-day Saints, beg respectfully to represent to your Excellency the following facts:
"We formerly taught to our people that polygamy or celestial marriage, as commanded by God through Joseph Smith was right; that it was a necessity to man's highest exaltation in the life to come.
"That doctrine was publicly promulgated by our president, the late Brigham Young, forty years ago and was steadily taught and impressed upon the Latter-day Saints up to September, 1890. Our people are devout and sincere, and they accepted the doctrine, and many personally embraced and practiced polygamy.
"When the Government sought to stamp the practice out, our people, almost without exception, remained firm, for they, while having no desire to oppose the Government in anything, still felt that their lives and their honor as men was pledged to a vindication of their creed, and that their duty to those whose lives were a part of their own was a paramount one, to fulfill which they had no right to count anything, not even their own lives, as standing in the way.
"Following this conviction, hundreds endured arrest, trial, fine and imprisonment, and the immeasurable suffering borne by the faithful people no language can describe. That suffering in abated form still continues.
"More, the Government added disfranchisement to its other punishments for those who clung to their faith and fulfilled its covenants.
"According to our creed, the head of our church received from time to time revelations for the religious guidance of his people. In September, 1890, the present head of the church in anguish and prayer cried to God for help for his flock, and received permission to advise the members of the Church of Jesus Christ of Latter-day Saints that the law commanding polygamy was henceforth suspended.
"At the great semi-annual Conference which was held a few days later this was submitted to the people - numbering many thousands and representing every community of the people in Utah - and was by them in the most solemn manner accepted as the future rule of their lives.
"They have been faithful to the covenant made that day.
"At the late October Conference, after a year had passed by, the matter was once more submitted to the thousands of people gathered together, and they again in the most potential manner ratified the solemn covenant.
"This being the true situation, and believing that the object of this Government was simply the vindication of its own authority and to compel obedience to the laws, and that it takes no pleasure in persecution, we respectfully pray that full amnesty may be extended to all who are under disabilities because of the operation of the so-called Edmunds-Tucker law.
"Our people are scattered; homes are made desolate: many are still imprisoned; others are banished or in hiding.
"Our hearts bleed for these. In the past they followed our counsels, and while they are thus afflicted our souls are in sackcloth and ashes.
"We believe there is nowhere in the Union a more loyal people than the Latter-day Saints. They know no other country except this; they expect to live and die on this soil.
"When the men of the South who were in rebellion against the government in 1865 threw down their arms and asked for recognition along the old lines of citizenship, the Government hastened to grant their prayer.
"To be at peace with the Government and in harmony with their fellow-citizens who are not of their faith, and to share in the confidence of the Government and people, our people have voluntarily put aside something which all their lives they have believed to be a sacred principle.
"Have they not the right to ask for such clemency as comes when the claims of both law and justice have been fully liquidated?
"As shepherds of a patient and suffering people, we ask amnesty for them, and pledge our faith and honor for their future.
"And your petitioners will ever pray.
"Salt Lake City, December, 1891."
PRESIDENT HARRISON'S PROCLAMATION.
Washington, D. C., Jan. 4, 1893.
Whereas, Congress, by a statute approved March 22, 1882, and by statutes in furtherance and amendment thereto, defined the crimes of bigamy, polygamy, and unlawful cohabitation in the territories and other places within the exclusive jurisdiction of the United States, and prescribed a penalty for such crimes; and
Whereas, on or about the 6th day of October, 1890, the Church of Latter-day Saints, commonly known as the "Mormon" church, through its president, issued a manifesto proclaiming the purpose of said church no longer to sanction the practice of polygamous marriages and calling upon all members and adherents of said church to obey the laws of the United States in reference to said subject-matter; and
"Whereas, it is represented that since the date of said declaration the members and adherents of said church generally obeyed said laws and abstained from plural marriages and polygamous cohabitation; and
Whereas, by a petition dated December 19, 1891, the officials of said church, pledging the membership thereof to the faithful obeyance of the laws against plural marriages and unlawful cohabitation, applied to me to grant amnesty for past offenses against said laws, which request a very large number of influential non-Mormons resident of territories, also strongly urged; and
Whereas, the Utah Commissioners in their report bearing date of September 15, 1892, recommended that said petition be granted, and said amnesty proclaimed under the proper conditions as to the future observance of the law with a view to the encouragement of those now disposed to become law-abiding citizens; and
Whereas, during the past two years such amnesty has been granted individual applicants in a very large number of cases, conditioned upon the faithful observance of the laws of the United States against unlawful cohabitation, and there are now pending many more such applications;
Now, therefore, I, Benjamin Harrison, President of the United States, by virtue of the powers in me vested, do hereby declare and grant full amnesty and pardon to all persons liable to the penalties of said act, by reason of unlawful cohabitation under the color of polygamous or plural marriage, who since November 1, 1890, have abstained from such unlawful cohabitation, but upon the express condition that they shall in future obey the laws of the United States hereinbefore named, and not otherwise. Those who shall fail to avail themselves of the clemency hereby offered will be vigorously prosecuted.
BENJAMIN HARRISON.
By The President:
JOHN W. FOSTER, Secretary of State.
PRESIDENT CLEVELAND'S PROCLAMATION.
_________
Washington, D. C., September 25th, 1894.
Whereas, Congress, by statute approved March 22, 1882, and by statutes in furtherance and amendment thereof, defined the crimes of bigamy, polygamy, and unlawful cohabitation in the territories and other places within the exclusive jurisdiction of the United States, and prescribed the penalties for such crimes, and
Whereas, on or about the 6th day of October, 1890, the Church of the Latter-day Saints, commonly known as the "Mormon" church, through its president, issued a manifesto proclaiming the purposes of said church no longer to sanction the practice of polygamous marriages, and calling upon all members and adherents of said church to obey said laws of the United States in reference to said subject-matter; and
Whereas, on the 4th day of January, A. D. 1893, Benjamin Harrison, then President of the United Sates, did declare and grant full pardon and amnesty to certain offenders under said acts upon condition of future obedience to their requirements, as is fully set forth in said proclamation of amnesty and pardon, and
Whereas, upon the evidence now furnished me I am satisfied the members and adherents of said church generally abstain from plural marriages and polygamous cohabitation, and are now living in obedience to the laws, and the time has now arrived when the interests of public justice and morality will be promoted by the granting of amnesty and pardon to all such offenders as complied with the conditions of said proclamation including such of said offenders as have been convicted under the provisions of said act;
Now, therefore, I, Grover Cleveland, President of the United States, by virtue of the powers in me vested, do hereby declare and grant a full amnesty and pardon to all persons who have in violation of said acts committed either of the offenses of polygamy, adultery, or unlawful cohabitation, under the color of polygamous or plural marriage, and who, having been convicted of violation of said act, are now suffering deprivation of civil rights in consequence of the same, excepting persons as have not complied with the conditions contained in said executive proclamation of January 4, 1893.
GROVER CLEVELAND.
By the President:
RICHARD C. OLNEY, Secretary of State.
CONDITION OF RESTORATION.
Congress gave back escheated property because practices in violation of laws were understood to be stopped.
When Congress, in 1893, gave back to the Mormon church the personal property and money held by Receiver Henry W. Lawrence, it was with the evident understanding that all polygamous practices in Utah had been abandoned. This is shown clearly by the joint resolution of Congress restoring the property, which follows:
"Joint Resolution No. 11, providing for the disposition of certain personal property and money now in the hands of a Receiver of the Church of Jesus Christ of Latter-day Saints, appointed by the Supreme Court of Utah, and authorizing its application to the charitable purposes of said church.
"Whereas, the Corporation of the Church of Jesus Christ of Latter-day Saints was dissolved by act of Congress of March 3, 1887, and
"Whereas, the personal property and money belonging to said corporation is now in the hands of a receiver appointed by the Supreme Court of the Territory of Utah; and
"Whereas, according to a decision of the Supreme Court of the United States, the said property, in absence of other disposition by act of Congress, is subject to be applied to such charitable uses, lawful in their nature, as may most nearly correspond to the purposes which said property was originally destined; and
"Whereas, said property is the result of contribution and donations made by members of said church, and was designed to be devoted to the charitable uses thereof under the direction and control of the First Presidency of said church; and
"Whereas, said church has discontinued the practice of polygamy, and no longer encourages or gives countenance in any manner to practices in violation of law, or contrary to good morals, or public policy; and if the said personal property is restored to the said church it will not be devoted to any such unlawful purpose; therefore
"Be it resolved, by the Senate and House of Representatives of the United States of. America, in Congress assembled, that the said personal property and money now in the hands of such receiver, not arising from the sale or rents of real estate since March 3, 1887, be, and the same is hereby restored to the said Church of Jesus Christ of Latter-day Saints, to be applied under the direction and control of the First Presidency of said church to the charitable purposes and uses thereof, that is to say: For the payment of the debts for which said church is legally or equitably liable, for the relief of the poor and distressed members of said church, for the education of the children of said members, and for the building and repair of houses of worship for the use of said church, but in which the rightfulness of the practice of polygamy shall not be inculcated. And the said receiver, after deducting the expenses of his receivership, under the Supreme Court of the Territory of Utah, is hereby required to deliver the said property and money to the persons now constituting the Presidency of said church, or to such person or persons as they may designate, to be held and applied generally to the charitable uses and purposes of said church as aforesaid.
"Approved October 25, 1893."
THE ANTI-POLYGAMY MANIFESTO.
The following is the Manifesto of President Wilford Woodruff, of the Mormon church, relative to polygamy, issued September 24, 1890:
To Whom it May Concern: Press dispatches having been sent for political purposes from Salt Lake City, which have been widely published, to the effect that the Utah Commission in their recent report to the Secretary of the Interior, allege that plural marriages are still being solemnized, and that forty or more such marriages have been contracted in Utah since last June, or during the past year; also that in public discourses the leaders of the church have taught, encouraged and urged the continuance of the practice of polygamy;
"I therefore, as President of the Church of Jesus Christ of Latter-day Saints, do hereby, in the most solemn manner declare that these charges are false. We are not teaching polygamy, or plural marriage, nor permitting any person to enter into its practice, and I deny that either forty or any other number of plural marriages have during that period been solemnized in our temple, or in any other place in the Territory.
"One case has been reported in which the parties alleged that the marriage was performed in the Endowment House in Salt Lake City in the spring of 1889, but I have not been able to learn who performed the ceremony; whatever was done in this manner was without my knowledge. In consequence of this alleged occurrence, the Endowment House was by my instruction taken down without delay.
"Inasmuch as laws have been enacted by Congress forbidding plural marriage, which laws have been pronounced constitutional by the court of last resort, I hereby declare my intention to submit to those laws and to use my influence with the members of the church over which I preside to have them do likewise.
"There is nothing in my teachings to the church or in those of my associates, during the time specified, which can reasonably be construed to inculcate or encourage polygamy, and when any Elder of the church has used language which appeared to convey any such teaching he has been promptly reproved. And I now publicly declare that my advice to the Latter-day Saints is to refrain from contracting any marriage forbidden by the law of the land.
"WILFORD WOODRUFF,
"President of the Church of Jesus Christ of Latter-day Saints."
The foregoing was read on October 4, 1890, to the Mormon Conference then in session, and Lorenzo Snow thereupon offered the following, which was sustained unanimously:
"I move that, recognizing Wilford Woodruff as the President of the Church of Jesus Christ of Latter-day Saints, and the only man on the earth at the present time who holds the keys of the sealing ordinances, we consider him fully authorized by virtue of his position to issue the Manifesto which has been read in our hearing and which is dated September 24, 1890, and that, as a church in General Conference assembled. we accept his declaration concerning plural marriage as authoritative and binding."
WHAT THE CHURCH LEADERS PROMISED.
They State Under Oath the the Manifesto was Meant to Stop Unlawful Cohabitation as well as Polygamous Marriages.
After the seizure by the United States government of the real estate and personal property belonging to the Mormon church in 1891, Judge C. F. Loofbourow of Salt Lake City was appointed a master in chancery by the supreme court of the Territory to take testimony and report as to the most advantageous disposition of the money then in the hands of Receiver Henry W. Lawrence. At the hearing, which was held before Master Loofbourow on October 19 and 20, 1891, a number of prominent church officials testified with respect to the sources from which the fund had been derived, as well as to the disposition which had theretofore been made of it. Among the witnesses who testified at this hearing were Presidents Wilford Woodruff, George Q. Cannon and Joseph F. Smith, Apostles Lorenzo Snow, Anthon H. Lund and others. During the examination, Presidents Woodruff, Cannon and Smith, and Apostles Snow and Lund were subjected to a searching cross-examination by United States Attorney C. S. Varian with respect to the exact meaning of President Woodruff's manifesto suspending polygamy, and particularly with respect to whether or not the manifesto referred to polygamous relations already formed with the same force that it referred to and controlled the entering into of polygamous relations thereafter.
As the witnesses were all under oath, and the examination was a most thorough one, the following extracts from the testimony as given by the gentlemen at that time, upon the scope of the manifesto and its real meaning, will be read with interest. The manifesto was issued the year before.
The government was represented upon the hearing by United States Attorney Varian and Joseph L. Rawlins, the receiver by John A. Marshall, and the church by Franklin S. Richards, W. H. Dickson and Le Grand Young.
PRESIDENT WOODRUFF'S TESTIMONY.
By C. S. Varian:
Q. Did you intend to confine this declaration (the manifesto) solely to the forming of new relations by entering into new marriages? A. I don't know that I understand the question.
Q. Did you intend to confine your declaration and advice to the church solely to the question of forming new marriages, without reference to those that were existing-plural marriages? A. The intention of the proclamation was to obey the law myself - all the laws of the land on that subject, and expecting the church would do the same.
Q. Let me read the language, and you will understand me, perhaps, better: "Inasmuch as laws have been enacted by Congress forbidding plural marriages, I hereby declare, etc. Did you intend by that general statement of intention to make the application to existing conditions where the plural marriages already existed? A. Yes, sir.
Q. As to the living in the state of plural marriage? A. Yes, sir: that is, to the obeying of the law.
Q. In the concluding portion of your statement you say: "I now publicly declare that my advice to the Latter-day Saints is to refrain from contracting any marriage forbidden by the law of the land. Do you understand that that language was to be expanded and to include the further statement of living or associating in plural marriage by those already in the status? A. Yes, sir; I intended the proclamation to cover the ground - to keep the laws - to obey the law myself and expected the people to obey the law.
By Mr. Dickson, of counsel for the church:
Q. Your attention was called to the fact that nothing was said in that manifesto about the dissolution of existing polygamous relations. I want to ask you, President Woodruff, whether in your advice to the church officials, and the people of the church, you have advised them that your intention was, and that the requirement of the church was, that the polygamous relations already formed before that should not be continued; that is, there should be no association with plural wives; in other words, that unlawful cohabitation as it is named and spoken of should also stop, as well as future polygamous marriages? A. Yes, sir; that has been the intention.
Q. And that has been your view and explanation of it? A. Yes, sir, that has been my view.
APOSTLE LORENZO SNOW'S TESTIMONY.
Q. Do you believe that the association in plural marriage by those who are already in it is forbidden by this manifesto? A. Well, I cannot say what was in the mind of President Woodruff when he issued that manifesto touching that matter, but I believe from the general scope of the manifesto that it certainly embraced the plural marriage, because it is clearly an intention, as indicated in that manifesto of President Woodruff, that the law should be observed touching matters in relation to plural marriage.
Q. You mean, now, the law of the land? A. Yes, sir.
Q. Do you understand now that the manifesto conveys that prohibition - the prohibition against the association in plural marriage between those who have already entered into it at the time the manifesto was given as well as a prohibition against the contracting of future plural marriage relations? A. Well, I do; I thought I had explained that; perhaps I might be unhappy in my expression, but, as I said, the intention and scope of that manifesto was expressing President Woodruff's mind in regard to himself and every member of the church, and that was, that the law should be observed in all matters concerning plural marriage, embracing the present conditions of those that had previously entered into marriage. Is that a plain answer?
APOSTLE LUND'S EVIDENCE.
Q. How is it as to the people who have already formed those relations - is it right for them to continue to associate in plural marriage with their wives? A. The manifesto does not expressly state it, but the President of the church has said it was not.
Q. Was that the first time you understand that it was included? A. I understood his advice for the church from the presidency was to obey the law of the land.
PRESIDENT JOSEPH F. SMITH'S TESTIMONY.
By Franklin S. Richards:
Q. Do you understand that the manifesto applies to the cohabitation of men and women in plural marriage where it had already existed? A. I cannot say whether it does or not.
Q. It does not in terms say so, does it? A. No; I think, however, the effect of it is so; I don't see how the effect of it can be otherwise.
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