Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1860-04-11
REMARKS OF Mr.. BRANCH,
OF NORTH-CAROLINA,

DeIirered IN the House or Representatives., -Udrch
%, 1860 on affairs IN Utah.
The Speaker stated that the business regularly in
order before the House was the consideration of
House bill No. Z, reported by the Committee on the
Judiciary to punish and prevent the practice of pol
gamy in the Territories Of the United States and
other places, and disappearing and annung certain
acts of the Legislative Assembly of the Territory of
Utah; the pending question being on Mr. Nelson's
motion to recommit which the previous question
had been demanded but not seconded.
Mr. Branch. now offer my amendment
Mr. Whitley. Let the original bill be read and
then let us have the amendment read
The bill was read. The preamble recites that it
is admitted that polygamy is permitted by the mu-
nicipa regulations of of the Territories of this
Union, and is sought to be justified on the ground
that this abomination in a christian country is a
ligious rite of the inhabitants of said Territory; and
that no principle of selfgovernment citizen
reignty can require justify the practice of such
moral pollution The bill therefore enacts that if
any person, being married and an inhabtant of any
Territory of the United States or other place over
which the United States possess exclusive jursdc-
ton, shall intermarry cOhabit with any other
person or persons, or live with any person or per-
sons as partners, acknowledging conugal relations,
the former husband or wife being alive he, she,
they so offending, shall, conviction thereof pay
a fine not exceeding $500, and be imprisoned not
less than two years nor more than five years pro-
vided, nevertheless that this section, or anything
therein contained, shall not extend to any person
whose husband or wife shall absent him or herself
one from the other for the space of five years, the
of them not knowing the other to be living with
in that time to any who shall be- at the time of
such marriage, divorced by competent authority, or
to any whose former marriage, by sentence of COM
petent authority, shall have been declared void
The second section disapproves and annulS an Or
dinance of the provisional government of the State
IF callpd oDtitlod !. 4
porating the Church of Jesus Christ of Latter Day
Saints" passed February 8, 1851, and adopted, re-
enacted, and made valid by the Governor and Leg
isative Assembly of the Territory of Utah. by an
act, passed January 10, 1856, entitled IAN act in
relation to the compilation and revision of the laws
and resolutions in force in Utah Territory their pub
licatlon and distribution" and all other acts and
parts of acts heretofore passed by the Legislative
Assembly of the Territory of Utah which establish,
support, maintain shield, countenance poygamy;
provided, that this act shall be so limited and con-
strued not affect interfere with the right of
property legally acquired under the ordinance here
tofore mentioned nor the right ito worship God &C.
cording to the dictates of conscience" but Only to
annul all acts and laws which establish Maintain
protect, or countenance the practice of polygamy
evasIvely called spiritual marriage however disguis-
ed by legal or ecclesiastical soemnties sacraments
ceremonies, CONSIDERATIONS, or other contrivances
The Clerk then read Mr.. Branchs amendment as
follows:
Strike out the preamble and first section Of the
bill. and insert in lieu thereof the following
BE 1t enacted By the Senate anil House Of Repre-
oentatires Of the United States in Conqress assem-
bled, That the third and fourth sections of the act
entitled IAN act 10 establish territorial government
for Utah." approved 9th of September, 1850 be- and
the same are hereby repealed
Sec 2. And be it further enacted That hereafter
the legislative power defined and limited in said
act Shall be vested in the Governor and thirteen of
the most hit and discreet persons of the Territory to
be called the Legislative Council who shall be an
pointed biennially by the President of the United
States, by and with the advice and consent of the
Senate from among the citizens of the United States
residing therein, and without reference to any dis
tricts which have heretofore been laid off.
SEC. B. And be 1T further enacted That the first
appointment under this act shall be made on or be-
fore the 4th Of March, 1861, on which day said ap
pointments shall take effect
Mr. Branch Mr.. Speaker, hold the floor by the
courtesy of the honorable gentleman from Tennessee
Mr.. Nelson and, in accordance with his wishes
Shall consume but few moments in explanation of
the amendment which have offered to this hill II
will be observed that the bill reported from the Jul
dietary Committee contains two sections each ser
ton having distinct object in view The first sec
ton proposes to make polygamy a criminal ofense
throughout all the Territories of the United States
Inc second section proposes to dSapprove and annul
certain acts of the Territory of Utah. sanctoning and
unfolding polygamy. The amendment that pro-
pose is to strike out so much of the bill reported by
the committee as proposes to render poygamy Grim
inal in all the Territories of the United States and
to retain only so much Of it disapproves and an
nuls all laws of the Territory of Utah sanctioninp
and permitting polygamy. We have right Mr..
speaker, to disapprove and annul those laws of
Utah because that right has been expressly reserved
~ the act organizing that Territory. / have no
ohculty in voting for any bill which shall disap-
paeVe and annul those acts. There is nothing in
any such bill that would be violation of the rights
Otaa or OF any great principle that has been laid
Gown Tor the guidance of the legislation of the coun
Try IN reference to the Territories. The Question
Mnetner we shall pass general law rendering GRIM
al TINS practice in all the Territories of the Union
brings up different class Of considerations atoeeth
er will suggest to my friends upon this side O
tue mouse, that if we can render poygamy criminal
In may De claimed that we can also render crimina
!nat other twin relic of barbarism," slavery. as
Is called in the Republican platform of 1856.
therefore cannot vote for any provision that will
make general law in regard to polygamy applica