I lost no time in transmitting its contents to Lord Salisbury, and I herewith
inclose a copy of my letter. To this I have not as yet received any
reply.
Your instruction stated that the United States consular officers in this
country had been directed to communicate to this legation such information
in regard to the subject in question as might come to their knowledge. I
have not, however, up to this time, heard anything from them in relation to
it.
[Inclosure 1 in No. 39.]
Legation of the United States,
London, August 25,
1879.
My Lord: The annual statistics of immigration
into the United States show that large number of emigrants come to that
country every year, from the various nations of Europe, for the avowed
purpose of joining the Mormon community at Salt Lake, in the Territory
of Utah, under the auspices and guidance of the emissaries and agents of
that community in foreign parts. This representation of the interests of
Mormonism abroad, which has been carried on for years, is understood to
have developed unusual activity of late, especially in Great Britain
among other countries where it has unfortunately obtained a greater or
less foothold.
The system ot polygamy, which is prevalent in the community of Utah, is
largely based upon and promoted by these accessions from Europe, drawn
mainly from the ignorant classes, who are easily influenced by the
double appeal to their passions and their poverty held out in the
flattering picture of a home in the fertile and prosperous region where
Mormonism has established its material seat.
Inasmuch as the practice of polygamy is based upon a form of marriage, by
which additional wives are “sealed” to the men of that community, these
so-called “marriages” are pronounced by the laws of the United States to
be crimes against the statutes of the country, and punishable as
such.
[Page 451]
On the 1st of July, 1882, the Congress of the United States passed an
act, chapter cxxvi, expressly designed, as appears from the title, “to
punish and prevent the practice of polygamy in the Territories of the
United States, and other places,” &c., That act remains the law of
the land as to its continuing provisions, which, in the revision of the
statutes of the United States, made in 1874, reads as follows:
“Sec. 5352. Every person having a husband or
wife living, who marries another, whether married or single, in a
Territory or other place over which the United States have exclusive
jurisdiction, is guilty of bigamy, and shall be punished by a fine of
not more than five hundred dollars, and by imprisonment for a term of
not more than five years; but this section shall not extend to any
person, by reason of any former marriage, whose husband or wife by such
marriage is absent for five successive years, and is not known to such
to be living; nor to any person by reason of any former marriage which
has been dissolved by decree of a competent court; nor to any person by
reason of any former marriage which has been pronounced void by decree
of a competent court on the ground of nullity of the marriage
contract.”
Whatever doubt, if any, has heretofore existed as to the efficiency of
the law above cited, and the intent of the general government to enforce
it, has now been terminated by the recent decision of the Supreme Court,
the highest judicial tribunal of the land, sustaining the
constitutionality of this legislation, and affirming the conviction and
punishment of offenders against that law.
Under whatever specious guise the subject may be presented by those
engaged in instigating the European movement to swell the numbers of the
law-defying Mormons of Utah, the bands and organizations which are got
together in foreign lands as recruits cannot be regarded as otherwise
than a deliberate and systematic attempt to bring persons to the United
States with the intent of violating their laws and committing crimes
expressly punishable under the statute as penitentiary offenses.
No friendly power will, of course, knowingly lend its aid, even
indirectly, to attempts made within its borders against the laws and
government of a country wherewith it is at peace, with established terms
of amity and reciprocal relations of treaty between them; while, even
were there no question involved of open penal infraction of the laws of
the land, every consideration of comity should prevail to prevent the
territory of a friendly State from becoming a resort or refuge for the
crowds of misguided men and women whose offences against morality and
decency would be intolerable in the land from whence they came.
Mr. Evarts, in his instruction to Mr. Welsh upon this subject (which has
arrived since Mr. Welsh’s departure), after mentioning the above-recited
facts and conclusions, further states that it is not doubted, when the
subject is brought to its attention, that the Government of Great
Britain will take such steps as may be compatible with its laws and
usages to check the organization of these criminal enterprises by agents
who are thus operating beyond the reach of the law of the United States,
and to prevent the departure of those proposing to go thither as
violators of the law by engaging in such criminal enterprises, by
whomsoever instigated.
Mr. Welsh was, therefore, instructed, and I have the honor, as the chargé
d’affairs of the United States ad interim, to
present the matter to the Government of Great Britain through your
lordship, and to urge earnest attention to it, in the interest, not
merely of a faithful execution of the laws of the United States, but of
the peace, good order, and morality which are cultivated and sought to
be promoted by all civilized countries.
I may, probably, have the honor, in some future communications, to
fortify my representations on this subject, by citing such facts and
details as may come to my notice concerning emigration of this character
from Great Britain, and I beg to bespeak for them your lordship’s
careful attention.
I have, &c.,
