The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1877-05-23
The Remedy for Polygamy in Utah.
National Republican.

There seems to be some considerable mis-.
4 apprehension In the public mind In reference
to the authority Of Congress over the Ierrlto,,
rics. If we are 10 Judge from the genera,
of %polygamy in Utah. 1t would not be
stringe, perhaps, that there should be some
lack Of information Oh the su1Ject among tne
people, for they are not given 10 Inc study o.
| questions Of government or to the examlna
ton of the precedents OF history ana nence
when in their disgust at the unnatural reia-
lions and consequent a~Donlinatlons VI tne
institution, they inconsiderately asK tne ~ ~
terposition Of Congress for the rellel OF the
country from the reproach OF lts eNistnnGe,
no one will wonder at their national desire
hut unreasonable demand. but "nen tne
public press, whose duty 1t is to know WHERE
of It speaks, engages in urging measures o.
any sort, whether OF economy or reform. IL
should be careful to be informed or the pro
priety or possibility Of the Suggestions no.
The theory upon which Territorial govern
mcnts have been organized since the adop.
ton of the Constitution down. to me Plestnt
| time has been that of leaving. to the lnhapt-
tants of the Territory oil the powers Oh sen.
government consistent with the supremacy
Of the Constitution and with, certain lunah,
mental principles established by congress Ia
the act by which the organization IS autnoI!,
zed. And to show the settled construction
Of Congress as to the extent TO which IT'S ~
risdiction can be properly enforced, II IL only
necessary to quote n section Oh Inc ncL = l tooo,
under which Wisconsin WAS organiZeai mma
which liz the formula since adoption almost
verbatim: The legislative power OF the lerrI-
tory shall extend to all rightful suG!ects %,
legislations consistent with the CohsiituLioS y
this act but no law shall be passed lnterlsT"
Ing with the primary disposal of the SOIL: NO
tax shall be imposed upon the properly "
the United States, nor shall the lanGs y
lions Of this act ure tho only negations upon
the legislative power Of the Territory, eXccpt
the provi sions Of the Constitution OF me
United States, and 1t Is not now competent
that power. The grant Of power IS full ana
explicit; its terms nave been accepted by tae
people, md the compact IS therefore nP'
md there is no room for the ~nterPosltlon ..
Congress. And to show how concluslVe this
view IL, VIC cite the fact that as there ls no
provision In the Constitution or the ORGANIC
act In relation to the selection OF jurors: ~
has been held that the method OF procuring
ject of legislation by the Territorial Legisia-
ture, and that tho rules prescribed oy the
United States do not apply. This decision
was in the cise Of Clinton VS.: Engleo re i1c
Legislatures of all the Territories has been In
conformity with this construction.
All questions, therefore, as to inc cnarac 9 az
OF the domestic institutions OF the he,rit TITO 81
their respective Legislatures, there being noun
ia1 In The Constitution, or the organic da 1nc9n-
sisfent the7e1ciN, and the fact pelnR THEREBY
nfirmatively established. In the case OF
Utah, Congress is peculiarly bound, as the
Territory was organized in the face OF the o.
noxious practice of polygamy, n inc quota
Of population requisite to Its organization
was drawn from the fruits OF the concuolnage.
It was known to every member OF Congress
and VIGOROUSLY known throughout the
country and the world, and yet no Injunction
was placed upon 1t in the organic act; no con-
domination pronounced upon Its existence;
no barrier erected against Its spread ana IN
crease. Sc far as Congress Is concerned Polyg-
amy Is IN approved institution, whether IN
tentIonally or not, for it has given 1t the tree-
dom of the Territory. and of the future state,
unlessthe people resident therein can COM
mand a sufficient local opposition to efect us
overthrow by due process OF law. congress
has passed the opportunity. and 1s now
cstopped to deny It's rightful existence.
There are those who maintain that IL Is IN the
power of Congress to refuse to admit yuan as
q State until she comes purgcd OF this nn-
%cleanness; but it Is difficult to sustain the po-
sition with argument. Ii Utah presents her
self with a government republican In form,
having compiled with all the requirements
usually eXactcd Of q new State, there appears
to be no support for the assumption that she
can be made an exception In respect to inc
provisions of her social code. Hence twould
seem clear tina the character Of the IN stitu-
tions OF Utah are fixed beyond the power OF
Congress to remedy, and that her reformation
depends exclusively upon the virtue OF ne.
pnoplc-