The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1882-03-07
REMARKS
HON. GEO. I'll. PENDLETON,
OF OHIO,
In the U. s. Senate, Feb. 16, 1882.

The Senate having under consideration Sem
hte bill No. 1853 to amend section 5352 of the
Revised Statutes i'll reference to polygamy-
Mr.. PENDLEToN said:
Mr. PRESIDENT: ! heard the President
OF the Senate say to Senator that an
amendment is not in order at the present
stage of the bill, because there is already
pending an amendment to an amend
ment. Observing the admonition of the
Chair, shall at the proper time move to
amend the fifth line of the fourth Sec
luon, at present the fifth section OF the
| bill, by striking out the words cor has
been," before "living;;" and also the sew
enth line nv striking out the words "oI
has been," before "guilty," SO as to
read:
"That he is living in the practice o
bieamy, polygamy, or unlawful cohab''
tation with more than one woman, ol
that he is guilty of an offense punisha.
hle by either OF the foregoing sections,
e..
shall also move to amend by insert.
ing after the word "woman" the word;
"or any woman with whom be is moi
married."
In the first line Of the sew enth, now
the eighth section. l shall move to strike
out the words 'tpolygamist, higamist, u
and insert the words "persons now prsc
licing polvgamv or bigamy;" and after
the word "woman," in the second line,
shall move TO insert 'or any woman with
whom he is not married. !"
Mr.. President, have listened to this
debate to-day, ,and have read with great
care the debate which took place yester-
day, when was not present in the Sem
ate. I read with interest the remarks
made hy the honorable Sena' or from Ar
kansas TMr. Garland and the honorable
Senator from Delaware. Mr.. Bayard.
! was pleased to see the statement made
by one. or / think both Of those Sena
tors, that while they had finally come to
the conclusion that they would support
this. bill they did il nevertheless with
many misgivings as to several OF its pro-
visions, and with great doubt as to
whether it would finally secure the pur-
pose which they intended to accomplish.
| do not find it necessary in what have
to say upon the bill or the vote that l
may finally give to controvert any OF
the legal positions which either OF them
has taken.
have had great difficulty, not only
upon this occasion but heretofore, in de-
fining to myself exactly the provision of
the Constitution upon which the power
OF the Government of the United States
over The Territories rests. | heard a
Senator whose memory was so f;ly dec
GRATED here the other day, after most
elaborate argument, come to the conclu.
sion that the idea that the power OF gov.
ernment as distinguished from power OF
ownership of Congress over the Terrific
ries resides in the second clause of the
third section of the fourth article, the
one quoted by the Senator from Arkan-
sas yesterday-the clause that Congress
shall have power to dispose Of and make
all needful rules and regulations respect.
ing The territory and other property be-
longing to the United Staies-is entirely
without foundation, and that The whole
power of the Government in the matter
is 10 be derived from that clause OF the
Constitution which provides for the ad-
mission of new States. 1t is not new
question 1t is not question easy of so
luton. I do not undertake to say that
even in my own MUD have come to q
satisfactory conclusion upon il; but
think it is absolutely certain that by
whatever clause the power is given to
the Congress Of the United States to
control and govern the Territories of the
United States, Congress is always, in all
circumstances, under all conditions, lin.
tied to the prohibitions 10 the Consiitu.
ton. I do not believe that it is in the
power of the Congress Of the United
States,to violate any of the guards which
the Constitution OF the United Safes ha:
provided for personal liberty. Congress
has DO power except that which is grant
ed. Lest powers may be assumed under
general and indefinite grants, the Con
stitution has provided certain guarantees
of personal freedom and has prohibited
the exercise Of certain powers Congress
cannot under any pretense, at any time
for any pmpose,ys violate these guarantees
OF personal rights or exercise the power
thus prohibited.
Mr.. GARLAND May I interrupt th
Senator one moReDt2
Mr.. PExDLEToN. Certainly.
Mr.. GARLAND. Under article 8, sec
1tion ], of the Constitution:
"The judicial power of the Unite'
States shall he vested in one Suprem
Court, and such inferior courts as th
Congress may from time time ordain an
establish. The judges. both of the So
Lpreme aud inferior courts, shall hol,
their offices during good behavior"
In section 1864 of the Revised Stat
utes we have the following provision:
"The supreme court of every territor
shall consist Of chief justice and tw
associate justices, any two of whom sha
constitute quorum, and they shall hol
their Offices for four years. and unit
their successors are appointed and qua
iied."
The tenure by the Constitution of a
inferior Judges is ''during good heht
vior." Here is a section of the la
which provides that in the Telritorie
they sh Ill hold for four years, which th
Supreme Court has held. after elabora
{ argument, TO be wi hin the power OF tt
Congress of the United States undt
their power over the Territories.
Mr.. PENDLEroN. understand tb'
perfectly. These Territorial courts,
he found in everv law organizing Il
. Territories of the United States or exc
cis,ne control over them after thev a
organized, do not belong to the judici
system OF The United States. They a
organized under the general power
Congress TO provide governments for Il
Territories. admit that Congress b
power to establish governments ov
those Territories,t to organize Legislature
to organize courts, to enable the peop
through their own action to perform {
. the functions of civil government
), DENY that there is any power in the Co
!. eress of the United States under Il
4 Cons tuition or anywhere else to esta
llish despoiism over The Territories,