Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-04-05

Proceedings Of Yesterday Afsernsen.

Proceedings Of Yesterday Afsernssn.
In THE SENATE, yesterday, after our report
closed y
Homestead bill. and was followed by Mr. VIC.
fall, and incidentally by Messrs Johnson. ofTenn,.
Clingman, Wilkinson, and others, and the Senate
adjourned.
sideration, as the special order, of the bill to
punish and prevent the crime of polyp amv I'm the
Territories, and to annul certain acts Of the Ieois
lature of Utah
Mr.. Keitt Of 8. c., addressed the Bou,s II
was charged that Polygamy exists in the Terri
tory Of Utah, and the power Of Congress was in
voked to punish and extirpase it. He would not
but to examine be eoeS OF the
pursued. The gentlemen from Virginia and Mis-.
sissippi (Messrs. Pryor and Lamar) had. in their
devotion to exalted theories, in his Judgment.
pursued train of reasoning which would arm
this Government with dangerous power which
does not belong to 1t. He admitted that nolvg
amyis grave and high offence. The we'll being
on haOn, IN great degree upon the
high mission, as legislator to go forth in ouixo-
tic pursuit Of evils over which he had no plenary
authority. Polygamy was a marriage contract
between man and more than one woman The
law recognised marriage to be particular hind
Of a contract and II there-was no law to prevent
it man migh make the same contract with many
women In Itah there was no law to limit these
contracts and hence polygamy was not there
crime. Now, he asked where was the constitn
tional power Of Congress to declare a crime in the
territories! The Constitution specified certain
Crimes as treason, piracy, felonies upon the huh
seas, and the counterfeiting Of the current coin
The power to punish these was necessary to the
proper functions of the Government, and thew
were the only penal powers given to the Federal
Government. The attempt was now made by
construction to expand those powers, and when
they resorted to construction they put the Const-
tuition at the behest of majority. But Congress
was appealed to make 1t penal offence-to de-
clare that In Utah or any other Territory mar
rage contract between a man and more than one
woman an offence against the peace and dignity
OF the United States: Where was the power Of
In itself 1T was an insignificant thi ng-scarcely an
enuty-a mere name or political term descriptive
OF the relation between sovereign States endowed
| latons.
Mr.. Gooch, Of Mass, gave notice of substitute
| for the bill, which was read for information |,
applies only to the Territory of Utah and pro-
vides for punishment by fine and imprisonrIIen,
lot the crimes OF adultery, pOlygamy, and kindred
crimes. Mr.. 6. then addressed the House in sun
port Of his amendment
MI Simms Of Ky, said he hoped as bac helor
| to be allowed to come in peace maker in this
| quarrel. POlygamy was vital question in more
respects than one 1t was proposed to suppress
an abomination practiced by a people who had
set up in open rebellion against this Government
lie would vote for this bill or one like it, and
would rather the Territory of Utah should be an
initiated than that this evil should be suffered to
continue. He read recent letter from Utah to
snow tne dePiora6ie state of things existing al
present in the Territory. The Mormons, he said
set all the authority Of the Government at de.
hance, formed treaties with the Indians, melting
them to outrages upon the Gentiles, and perpe-
Hated terrible murders and masSacres under the
sanction, II not by the direction, Of the Mormon
church.
MIR. Hooper, the Delegate from Utah, denied
theSe allegations He could not sit still under
i.fi.,
constituents. No doubt they were like others
merely fallible men, but gentlemen had assailed
them by wholesale, speaking Of them not cti-
Zens OF the | nlted States, and hardly as human
beings, but as Mormors. Mormons 1t made
his blood boil within him, and impelled him to
wish Tor the power OF eloQuence that he mgh hit
set these charges before the House in their true
light, and that the people of this country mc hit
fully understand the nature of the ACCUSATIONS
which had been heaped up against his constitu-
ents. He proposed at some future time to expose
these Charges and their falsity from beginning to
END Among the accusations brought against his
people was the crime of coming money which
he would notice now. 1t YVES true they had
coined gold, as matter of necessity, had been
Done also Dy CALIFORNIA Some of the Mormon
battalion who rallied under the United States flag
In California during the Mexican war happened
to be at work at Suffers Fort, and engaged in
digging his millrace when gold was discovered
In California. These men returned to Utah with
considerable quantities Of gold dust, and there
w mist ns and eSnsd ths g1S
and it was great convenience, but it was subject
to such value as might be put upon it by the
United states Government, and was only to be
regarded as bullion. 1t was pure gold, without
alloy, and it answered their purpose, and he did
not know that anybody had right to complain
as to what shape he put his own gold into.
Mr.. Nelson, Of Tenn, called for the previous
question on the bill and pending amendments,
which, after brief discussion upon points of
order, was seconded: Ayes I0l, noes not counted
The main question was then ordered to be put:
Yeas ia, nays 70.
Mr.. Nelson proceeded to close the debate on
the bill, citing the act of Utah proposed to be re-
pealed, incorporating the Church of the Latter
Day Saints, which he contended was violative of
the Constitution of the United States and repue-
nant to public morality.
Mr.. Nelson. without having concluded his
remarks, yielded to MIR. Barksdale who IS min
utes to o'clock. moved that the House ad journ;
which was agreed to.