The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-01-26


being House resolutions, 1t was competent Tor
joint committee to direct substitute to be re-
ported to the Houae when majority OF the House
members Of the committee vote against 1t, the ma
jority vote being obtained from the votes OF the
Senators on the committee Mr.. Poland said
such results were on the preliminary motions, and
not on the final vote, which, he said, was unanimous
directing HIM to submit the resolution. This diher-
ence OF opinion and substitute offered by Mr..
Beck, made matters lively Tor short time. Mr..
Becks amendment was rejected and the resolution,
as reported from the committee adopted The
House then went into Committee OF the Whole on
the Appropriation BILL and nothing OF particular IN
terest brought In discussion OF Its pro-
visions.
United states District Attorney Bates on the
Paying for the Mormon Prosecutions.
The condition OF affairs in Utah, as connected with
the judicial machinery of that Territory, were this
morning presented to the House and Senate Com
mitlees on Territories by George c. Bates, the
United States District Attorney. II appears from
his statement that the Attorney General is power
less by the decision OF the Comptroller OF the
Treasury not to pay the expenses OF the criminal
trials. and that the Territorial Legislature, OF
course, win not provide the means to prosecute
themselves Tor polygamy He represents that
there are some twenty prisoners now con-
fined at Camp Douglas at great ex-
in which TO keep IT'S prisoners, ana he intimates
that there is question to the legality OF the
composition OF the Grand Jury which found the in
dIctments upon which they were arrested, which Is
now being considered by the United States supreme
Court an action for trespass may hereafter be
brought. He represents that on December 4, 1871,
when ne entered ON the discharge OF his duties he
found several prisoners TO be tried before United
states Court and jury upon Territorial law. and
4 atu M na no led tn X
penses OF their trial; that he, by PERMISSION OF
the Attorney General, had the cases postponed
until the second Monday in March, in order that no
may present the facts to Congress-. MIR. Bates sums
up his memorial by saying the Attorney General OF
Tie Unlted States Is forbidden 10 pay the expenses
OF these prosecutions, the Comptroller OF the Treas
| ury mas refused allow them and declares that
they can only be paid by tine Territorial Legis
| lature and the Legislature OF Utah will
| not appropriate money to punish themselves for
lewd ana lascvious cohaoitation. 20 the question
now 49, Will Congress furnish the means to pay wit
nesses jurors ana other expenses OF these criminal
prosecutions order them dismissed ana aban.
| dOned9 lie makes the pertinent inquiry, In con-
GLIDING his memorial, 'whether crime must go I'M
punished BECAUSE Uah authorities will do their
| duty ana the United States cannO."
The senate Judiciary Committee Report Adj
versely ON the Woodruff W0inan Suffrage
| Memorial.
The senate Committee on the Judiciary, in their
| report against the memorial OF Elizabeth Cady
| stanton, Isabella Hooker, Susan Il. Anthony and
others, say
1t was argued before the committee by the me.
m0rlahsts-whO, by departure IRON the usual
discussion OF principles involved IN the memo
rial-tnat the right Ol every clttzen, male and fe-
trst section Of the fourteenth amendment 10 the
constitution which provides that no stale snail
MAKE or or amy w m czens a the ne
Sates anu that the second section was designed TO
nix u penalty upon the State Tor violation Of The
former provision. but such q construction Is at
with all the theories OF constitutional govern
menI. An unconstitutional acc Is void; III other
words, al unconstitutional act Is no act The Legls
lature or state NAV atteiApt to pass law impair
the obligation OF contracts; out as the Legls.
lature cannot pass such an act the attempt is void.
and the ODligatlon OF the contract Is not I'M
pared 1t would, therefore, be absurd 70
attempt to impair the obligation OF a contract. a
tning II could not do, and. therefore, had not DONE
| so ii, Dy the hrst OF the fourteenth
amendment, no State can make Or ENFORCE any law
TO deny the right OF Suffrage TO any portion oil Its
male cltlzens twenty one years OF age, not
gully OF crlne Inen an attempt to DO so would be
merely VOID, wholly imperative, and 1t would he
absurd TO punish such State for dong what 1t could
not DO, and. therefore, nad not done. The remedy
| under the constitution against any attempted out
apS,csUn the judicial courts Of ts
Union which have jurisdiction in ali
cases arising under the c<esutut0n and laws OF the
United States and supervisory control, writ OF
error courts In regard to causes in which
| either party asserts rgnt or privilege under the
| constitution or laws OF tile Union whlcn Is denied
| or overruled by the state court But there Is
another reason equally conclusive against the con-
amendment Congress is empowered TO
force all the provisions ol tnat amend
| ment by appropriate lesislation; therefore
II state should attempt TO exclude from the right 0r
suffrage any person entitled, under the fourteenth
| amendment, participate therein IL would be The
undoubIed duty OF congress 10 defeat such attempt
| by approximate eglsla ION; so that to regard the
the Stale penalty Tor denying This right includes
the a.surdlty OF imposing sucn penalty Tor an at
TEMPT OF the state 10 do what 1t Is the duty Of
| the second section of the fourteenth amendment,
when provides thai In case state in the exercise
OF "a right conceded exist shall exclude portion
| the male inhabitants specified, the basis OF rep
| reseniauOn tuerein snail be reduced in the proper
| ton when the numocr OF such ''excluded" male
| citizens shall bear to the whole number of male
| citizens tweny-one years OF age In such State;
the Dasis is not to be reduced In the
| proportion which the number OF the excluded
male cItlzens shall bear to whole population OF
the State. male or iemale but only in the proper
| ton which they bear TO the number OF male cit-
s that are
| regarded as belonging TO The Young population Of
Inc fifteenth amendment Il equally decisive. It
| provIdes:-''rne right OF citizens OF the United
states TO vote shall not be abridged or de.
| med by the United States or Dy any State on
| account OF race, color or previous condition
| OF servitude." This amendment would have
been WnOily unnecessary Ii the iourteeptu amenu'
ment mad secured TO all citizens the right TO vOte
| 1t must be regarded rs recognizing the right OF
every state under the constitution as 1t previously
stood to deny or aDridge the right OF citizen TO
vote ON any account III me pleasure OF such Stale
| and by the fifteenth amendment the rights OF
states this respect are only so far restricted that
! no State can base such exclusion upon race,
| color or previous condition OF servitude. with
| this single exception OF race, color and
previous condition OF servude. the power OF Stale
TO make SUCH exclusion Is lett untouched and, IN
deed, Is actually recognized by the fifteenth amend
| ment existing. The committee say they have
confined themselves to the precisely question IN
VOWED IN the overwhelmingly, the present cOnstl-
tuona right Of female citizens to vote, as to which
the committee are unanlm0us-and have not Goa.
sdered the broader question, whether the cOnstltu-
ZION ought 10 be so amended as to permit female
suffrage, report upon winch might develop q dIf-
ference Oh opinion among the members OF the COM