Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-03-21
MIR. KENNA ON POLYGAMY.

When the ipolygamy bill was under
discussion in the National House OF
Representatives last week Mr.. KESNA,
Congressman from the Third District OF
this State, obtained the floor and was
allowed three minutes in which to eX-
plain his position on the question under
consideration and his vote upon the bill.
The Congressional Record reports him
as saying:
am very heartily in favor of the OBJ
iects which are sought to be accom-
plished by this bill. The suppression of
pOlygamOus practices is simply the sup
preston of crime against the laws and
institutions of the country. | desire to
say, likewise, for the people of my dis
trict and State, that they are without
exception, as far a. know, in favor of
such constitutional legislation by Con-
greSs rs shall wipe out polygamy for
ever. / concur in that sentiment. But,as
my friend from Texas Mr.. Reagan) has
so forcibly said, do not desire i'll sup
pressing polygamy to suppress the Con-
stitution OF my country. The fifth,
eighth and ninth sections of this bill in
wolves constitutional difficulties which
combine to prevent the unanimous in
dOrScment which this House would, but
for them, have been glad to give TO this
bill, as it a short time ago gave to
another bill looking in the same direc-
ton. Those SECTIONS disqualify men for
opinions sake, although they may
never have violated any law of the
country or Of Tod or man. Those sec
tons destroy the Territorial government
and, because of the transgressions of p
500 10 5000 pOlygamists, throw 10000
people into anarchy for woyears, with
out government, without the enforce
ment of law and order, and with no
hope of relief or remedy until at the end
If that time the Territorial Legislature
shall meet. These sections organize re-
turning board of five men who, without
let or hinderance, are To be practically
the custOdians of all power in the Ter
ritOry. They confer on these five men
an arbitrary authority which, from the
experiences of the past, | shall never
vote To confer on any man or set of men
on earth. And they go further. The
eighth and ninth sections of the bill by
their express terms presant er post JdctO
laws and bills of attainder. They are
unconstitutional so believed by me, so
held by the United States Supreme
Court in the cases of Cummings as.
Wallace, 277; Garland rs. Wallace, 333,
and number of other cases decided
and reported which are accessible TO
this House and To the country. Mr..
Speaker, the majority of this House
could easily have permitted such reason
able amendment of this bill as
would have relieved it of
all cOnstitut iOnal difficulty and secured
its passage by splendid unanimity.
They have refused to do so; and thus
among the strongest friends of the pur-
poses Of the bill there are those who like
myself constrained by constitutional diff
ficulties which few slight amendments
would have avoided, however distaste-
full the necessity may be, to deny the
bill in its present form their votes. In
voting no for the reasons stated, and
over which have no control, | desire
distinctly to say that if the bill should
not pass as it stands, and should upon a
reconsideration be amended SO as to
eliminate its retroactive character, thus
avoiding conflict with the constitution
of the country, / will heartily give my
vote to this bill, or any other cOnstitu-
tiOnal measure which will make polyg-
amy impossible now, hencefOrth, and
forever.