National Republican. (Washington City (D.C.)) 1872-1888, 1877-05-09
THE REMEDY FOR POLYGANT ~
Utah.

THE REMEDY FOR PoLTGANY IN
CTIH.
There seems TO DO some considerable
misapprchension in the public mind in ref.
crence to the authority of Congress over
the Territories If we are to judge from the
general cl,mor for its exercise In the ex-
termination Of polygamy in Utah. 1t
would not be strange, perhaps that there
should be some lack OF information on the
subject among the people, for they are not
given to the study of questions of govern
ment or to the examination of the prece.
dents of history; and hence when in their
disgust al the unnatural relations and con
scquent abominations OF the institution,
they inconsiderately ask the interposition
or Congress for the relief of the country
from the reproach of its existence. no one
will wonder at their rational desire but
unreasonable demand. But when the pub.
lie press, whose duty it is to know whereof
it speaks, engages in urging measures Of
any sort, whether of economy or reform,
il should be careful to be informed of the
propriety or possibility of tthe suggestions
advanced.
The theory upon which Territorial gov
crnments have. been organized since the
adoption of the Constitution down to the
present time has been that of leaving to
the Inhabitants of the Territory all the
powers Of sell: government consistent with
the supremacy Of the Constitution and
with certain fundamental principles estab
lished by Congress in the act by which
the organization is authorized. And to
show the settled construction of Congress
as to the extent TO which its jurisdiction
can he be properly enforced, it is only
necessary to quote section of the act of
1886, under which Wisconsin was organ
lied, and which is the formula since
adopted almost per6dtim "The legisla
two power of the Territory shall extend
to all rightful subjects Of legislation con
sstent With the Constitution of the United
States and the provisions Of this act;
but no law shall be passed interfering with
the primary disposal of the soil. No tax
shall be imposed upon the property OF the
United States, nor shall the lands or other
property of non-residents be taxed higher
than the lands or other property of resi-
dents" The prohibitions OF this act are
the only regations upon the legislative
power ofS the Territory, except the pro.
visions Of the Constitution Of the United
States, aud 1t Is not now competent for
Congress to impose any limitations upon
that power. The grant of power Is full
and explicit, its terms have been accepted
by the people, and the compact Is there
fore complete, and there is no room for the
interposition of Congress. And TO show
how conclusive this view is, we cite the
fact that as there Is no provision in the
Constitution or the organic act in relation
to the selection Of jurors it has been held
that the method of procuring jurors for the
trial CT causes is a rightful subject Of legis.
lation by the Territorial Legislature, and
that the rules prescribed by the United
States do not apply. This decision was in
the case of CLINTON vs. EyeLEBREcHT,
from Utah Territory, and the action of the
Legislatures of all the Territories has been
in conformity with this construction.
AL questions, therefore, as to the char.
Gcter OF tue domestic institutions of the
Territories arc necessarily LEFT to the de-
termination of their respective Legisla
lures, there being nothing in tbs COnstitu.
ton or the organic act Inconsistent there
with, and the fact being thereby aflirma-
lively established. In the case Of Utah,
Congress is peculiarly bound, as the Ter
ritory was organized in the face of the
obnoxious practice of polygamy. and the
quota of population requisite to its organ
izltiOn was drawn from the fruits OF the
csucubinage. 1t was known to every
member OF Congress and VIGOROUSLY
known throughout the country and the
world, and yet no injunction was placed
upon it in the organic act; no condemnation
pronounced upon its existence; no barrier
erected against its spread and increase. So
far as Congress is concerned polygamy is
an approved institution, whether inten-
tionally or not, for it has given it the free
dom of the Territory, and Of the future
State, unless the people resident therein
can command a sufficient local opposition
10 effect Its overthrow by due process of
law. Congress has passed the opportunity
and is now estopped to deny It's rightful
existence. There are those who maintain
that 1t is in the power of Congress to refuse
to admit Utah as a State until she comes
purged of this uncleannessi but it is diff.
cult TO sustain the position with argument
II Utah presents herself with govern