harm, damage, and other injustice to the Mormons, I ask of you gentlemen of Massachusetts, to use efforts to repeal that section and all other unjust and unconstitutional acts in the United States statute-book. I am honestly and courteously yours, for truth and justice and liberty, A CITIZEN OF MASSACHUSETTS. FEBRUARY, 1882. PART III. APPENDIX. I. II. III. CITATIONS JUSTIFYING POLYGAMY. DR. FRANKLIN'S APOLOGUE, OR LESSON OF RELIGIOUS TOLERATION. DOM. IV. TEXT OF SO MUCH OF CHIEF JUSTICE WAITE'S OPINION AS RELATES TO THE DEFENCE OF RELIGIOUS BELIEF OR DUTY. MANY ancient lovers of wisdom, and religious writers, justify polygamy. Limited space allows reference to only a few of them. "When God permits a thing in certain cases, and to certain persons, or in regard to certain nations, it may be inferred, that the thing permitted is not evil in its own nature.’ 1 My space will not permit me to give at length his interesting argument upon this proposition; but his logical conclusion is that "polygamy, therefore, is not in its own nature evil and unlawful.” In another place 2 he says, "But it cannot thence be inferred that the thing [polygamy] is evil in itself, according to the law of nature." 8 Theodoret says "that in Abraham's time polygamy was forbidden neither by the law of nature, nor by any written law." St. Ambrose, speaking of polygamy, says, "That God, in the terrestrial paradise, approved of the marriage of one with one; but without condemning the contrary practice." He then proceeds 1 Grotius, B. I., c. ii., sect. 17. 2 B. II., c. v., sect. 9. 8 Quæst. XLVII., in Genes. to quote Sarah's request to Abraham concerning Hagar, and Abraham's response thereto.1 St. Chrysostom, speaking of Sarah, says, "She endeavored to comfort her husband under her barrenness, with children by her handmaid, for such things were not then forbidden.” 2 In another treatise the same Father says, "Nay, more: the law permitted a man to have two wives at the same time; in short, great indulgence was granted in those and other particulars." St. Augustine says, "It is objected against Jacob, that he had four wives." To which he answers, "which, when a custom, was not a crime.” 4 In another of his writings he speaks of the custom of having several wives at the same time as "an innocent thing," inculpabilis consuetudo, 5 and observes that "it was prohibited by no law.' 996 There is another authority more recent, and, because of its author, will be of weight to unprejudiced citizens. John Adams, the second President of the United States, and one of the most illustrious founders of the Government, wrote a letter to Thomas Jefferson, under date of May 16, 1822, in which he speaks of religious liberty in these words: 7 "I do not like the late resurrection of the Jesuits. They have a general now in Russia, in correspondence with the Jesuits in the United States, who are more numerous than everybody knows. Shall we not have swarms of them here? In as many shapes and disguises as ever a king of the Gypsies - Bamfield Morecarew, himself assumed? In the shape of printers, editors, writers, schoolmasters, etc. I have lately read Pascal's letter over again, and four volumes of the history of the Jesuits. If ever any congregation of men could merit eternal perdition on earth and in hell, according to these historians, though, like Pascal, true Catholics, it is this company of Loyola. Our system, however, of 1 Lib. I., De Abraham, Cap. IV. Gratian has inserted this passage, and another to the same purpose, in the Canon Law, Caus. XXXII., Quæst. IV., C. III. 2 Hom. in Genes. 8 On Virginity, Cap. XLIV. 4 Lib. XXII., contra Faustum, Cap. XLVII. 5 De Doctr. Christ., Lib. III., Cap. XII. 6 De Civit. Dei, Lib. XVI., Cap. XXXVIII. 7 Works of Jeff., vol. vi., p. 604. religious liberty must afford them an asylum. But if they do not put the purity of our elections to a severe trial, it will be a wonder." His prejudices against the Jesuits were as strong as those of the most bitter Mormon-hater can be against the people of Utah; but how strong his sense of justice upon the point of religious freedom! They might merit eternal perdition on earth and in hell, but our system of religious liberty must afford them an asylum." These were the sentiments of a statesman and true lover of liberty, who subordinated prejudice to principle. ABRAHAM AND THE STRANGER: A LESSON OF RELIGIOUS TOLERATION. BY BENJAMIN FRANKLIN. 1. AND it came to pass after these things that Abraham sat in the door of his tent about the going down of the sun. 2. And behold a man, bowed with age, came from the way of the wilderness, leaning on a staff. 66 3. And Abraham arose, and met him, and said unto him, “ Turn in, I pray thee, and wash thy feet, and tarry all night, and thou shalt arise early on the morrow, and go on thy way." 4. But the man said, "Nay, for I will abide under this tree." 5. And Abraham pressed him greatly; so he turned, and they went into the tent, and Abraham baked unleavened bread, and they did eat. 6. And when Abraham saw that the man blessed not God, he said unto him, "Wherefore dost thou not worship the most high God, Creator of heaven and earth?" 7. And the man answered and said, "I do not worship the God thou speakest of, neither do I call upon his name; for I have made to myself a god which abideth alway in mine house, and provideth me with all things." 8. And Abraham's zeal was kindled against the man, and he arose, and fell upon him, and drove him forth with blows into the wilderness. 9. And at midnight God called unto Abraham, saying, "Abraham, where is the stranger? 10. And Abraham answered and said, "Lord, he would not worship thee, neither would he call upon thy name; therefore have I driven him out from before my face into the wilderness." 11. And God said, "Have I borne with him these hundred ninety and eight years, and nourished him, notwithstanding his rebellion against me; and couldst not thou, that art thyself a sinner, bear with him one night?" 12. And Abraham said, "Let not the anger of the Lord wax hot against his servant; lo, I have sinned; forgive me, I pray thee." 13. And Abraham arose, and went forth into the wilderness, and sought diligently for the man, and found him, and returned with him to the tent; and, when he had entreated him kindly, he sent him away on the morrow with gifts. LAWS OF VIRGINIA, OCTOBER, 1785, 10TH OF COMMONWEALTH, CAP. XXXIV. AN ACT FOR ESTABLISHING RELIGIOUS FREEDOM. PREAMBLE I. Whereas, Almighty God hath created the mind free; that all attempts to influence it by temporal punishments or burthens, or by civil incapacitations, tend only to beget habits of hypocrisy and meanness, and are a departure from the plan of the Holy Author of our religion, who being Lord both of body and mind, yet chose not to propagate it by coercions on either, as was in his Almighty power to do; that the impious presumption of legislators and rulers, civil as well as ecclesiastical, who, being themselves but fallible and uninspired men, have assumed dominion over the faith of others, setting up their own opinions and modes of thinking as the only true and infallible, and as such endeavoring to impose them on others, hath established and maintained false religions over the greatest part of the world, and through all time; that to compel a man to furnish contributions of money for the propagation of opinions which he disbelieves is sinful and tyrannical; that even the forcing him to support this or |
