The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1882-03-02
MORMON QUESTION.
Speech Of Hon. George H. Pen
dletOn.
Viewing 1t in the Light of It's Probable
Partizan Motives in Strength
ing Republican Rule.

The Senate having under cOnSldera-
tiOn Senate bill No. 303 to amend sec
tiOn 1852 of the Revised Statutes in
reference to pOlygamy, Mr.. PendletOn
said:
| Mr.. President: | heard the President
of the Senate say to Senator that an
| amendment is not in order in the pres
| ent stage of the bill, because there is
| already pending an amendment to an
| amendment. Observing the admOnitiOn
| of the Chair, l shall, at the proper time,
move 10 amend the fifth line of the
fourth section, at present the fifth sec
tiOn of the bill, by striking out the
| words cor has BEEN" before living"
and also the seventh line by striking
out the words COT has BEEN" before
guilty so as to read:
"That he is living in the practice of
bigamy, pOlygamy, or unlawful cOhabi-
tatiOn with more than one woman, or
that he is guilty of an offence punish
able by either of the foregoing sections,
&C."
| shall also move to amend by insert
ing after the word woman" the words
cor any woman with whom he is not
married"
In the first line of the seventh, now
the eighth section, shall move to strike
out the words "pOlygamist, bigamist,"
and insert the words persons now
practicing pOlygamy or bigamy;" and
| after the word woman" in the second
line, | shall move to insert cor any wO-
man with whom he is not married"
Mr.. President, have listened to this
debate to-day, and l have read with
great care the debate which took place
| yesterday, when | was not present in
the Senate. read with interest the re-
marks made by the honorable Senator
from Arkansas (Mr. Garland) and the
|. l. Co. -, nnln Tr
| Bayard.) | was pleased to see the state
ment made by one, or | think both of
those Senators, that while they had
finally come to the conclusion that they
would support this bill they did it
| nevertheless with many misgivings as
to several of its provisions, and with a
great doubt as to whether it would final
ly secure the purpose which they intend
ed to accomplish. | do not lind 1t
necessary in what L have to say upon
the bill or the vote that may finally
give to cOntTOVert any of the legal pO-
sitiOns which either of them has taken.
have had great difficulty, not only
upon this occasion, but heretofore, in
J defining to myself exactly the provision
of the Constitution upon which the
power of the Government of the United
, States over the Territories rests. |
heard Senator whose memory was so
fifty decorated mere the other day, after
a most elaborate argument, come to the
conclusion that the idea that the power
: of government as distinguished from
power of ownership of Congress over the
Territories resides in the second clause
of the third section of the fourth article,
the one quoted by the Senator from
Arkansas yesterday-the clause that
Congress shall have power to dispose of
and make all needful rules and regula-
tiOns respecting the territory and other
property belonging to the United
States-is entirely without foundation,
and that the whole power of the Gov
ernment in the matter is to be derived
from that clause of the Constitution
which provides for the admission of new
States. 1t is not a new question; it is
not question easy of solution. do
not undertake to say that even in my
own mind l have come to a satisfactory
conclusion upon it; but | think it is alb
SOlutely certa n 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, limited by the
prohibitions in the Constitution. | do
not believe that it is in the power of the
Congress of the United States, in its eX
ercise of authority over the Territories
of the United States, to violate any of
the guards which the Constitution of
the United States has provided for per-
sOnal liberty Congress has no power
except that which is granted. Lest
powers may be assumed under general
and indefinite grants, the Constitution
has provided certain guarantees of per-
sOnal freedom, and has prohibited the
exercise of certain powers. Congress
cannot under any pretense, at any time,
for any purpose, violate these guaran-
.gaHeV
powers thus prohibited.
Mr.. Garland-May interrupt the Sen
atOr one moment?
Mr.. endletOn-Certainly.
| Mr.. Garland-Under article 3, section
1, of the Constitution:
"The judicial power of the United
States shall be vested in one Superior
Court, and in such inferior courts as the
Congress may from time to time Ordain
and establish. The judges, both of the
supreme and inferior courts, shall hold
their offices during good behavior"
In section 1864 of the Revised Statutes
we have the following provisions:
"The supreme court of every Territory
shall consist of chief-justice and two
associate justices, any two of whom
shall constitute a quorum, and they
shall hold their offices for four years,
and until their successors are appointed
and qualified"
The tenure by the Constitution Of all
inferior judges is during good be-
haviOr." Here is a section of the law
which provides that in the Territories
they shall hold for four years, which the
Supreme Court has held, after elaborate
argument, to be within the power of the
Congress of the United States under
their power over the Territories
Mr.. PendletOn-I understand that per-
fectly. These Territorial courts, to be
found in every law organizing the Ter
tories of the United States or exercising
control over them after they are organ
lied, do not belong to the judicial sys
TEN of the United States. They are
organized under the general power OF
Congress to provide governments fOI
the Territories. l admit that Congress
has the power to establish governments
over those Territories, to organize legis
. latures, to organize courts, to enable
, the people through their own action tt
perform all the functions of civil gov
ernment. 1 deny that there is any
power in the Congress of the United