The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1883-12-01
POLYGAMY AND THE CONSTI-
TUITION.

Garfield over the dDlllCleS anu cOuI
age of the frst-named, and perhap
disguised with his many failure
since he ceased to be warrior an,
adopted the profession of the states
man, is going to try his hand at tn
business of adjusting the problem
of poIygamy. The Generals plal
is not new, but it has never beer
presented by him, hence for thu
time we must call it his. 1t con-
sists simply of an amendment tt
the Constitution, forever prohibit
ing polygamy in the United States
and in places over which the United
States has jurisdiction. AS re.
marked this has been suggested be-
fore, but Rosecrans having approved
and adopted it, will present it early
in the coming session of Congress.
For the sake of the name, the repu-
tation and intelligence Of American
statesmen, it is hoped that the
proposition will be promptly sat
down upon, before our lawmakers
are permitted to make themselves
ridiculous in the eyes Of true states
men and intelligent lawyers. 1t
ever seems childish to do something
for which there is no occasion and
which will amount to nothing when
done. Suppose the proposed amend
ment were to receive the necessary
State approvals and become a part
or the fundamental law of the Re-
public, will Gen. Rosecrans please
inform an ignorant public how it
would abolish polygamy? With
forty such amendments TO the Con
stitution Congress and the country
would be no nearer a solution of
the polygamous problem than 1t is
to-day. The amendment Itself would
mean nothing, except in this, that
it would include States as well as
Territories within the prohibition,
and as the States have their own
laws governing in the matter, they
do not require the aid of a Federal
constitutional provision 20 help
them in the business. Polygamy |
would still have to be dealt with |
by the law; that is to say, nobody |
could be prosecuted or punished I'M
der the amendment, save through
Jaw enacted in accordance with it;
1what law could Congress enact
Wis. nat it has not the authority to
pass 1.owp The United States Sup.
leme Court, the last and highe.t
tribunal in the land, the bench from
which there is no earthly appeal,
has solemnly, officially and judici-
ally declared that the authority of
Congress over the Territories is alb
solute and supreme, and beyond the
power of the people of the depend
encies to revoke, or successfully
deny. 1t makes no difference to
individuals or territorial communi>
ties whether this is good law or bad,
or whether they regard it as out
rageous usurpation-it is the law,
and until revoked or reversed by the {;
same court that proclaimed it,
it is as binding as the Constitution
Itself. Then With the prohibitory '
adopted Congress would {
still haye to legislate foriits enforce
ment. and would be aided and sus- {
tained by no additional powers to |
hose already enjoyed. If it could I
enact and inforce a law then that s
would suppress polygamy, it can do i
10 now, and if it cannot provide and {
execute such law now it could not {
10 30 if pages lwere wasted detailing
a quarter Of a cen.
Jury ago Congress declared polyg>
my to be al offense against the law, ,
md that statute, has since been in
existence, supplemented and braced
" other enactments. IF the act is ]
lot executed. Congress, under the
ulings of the Supreme Court, I
las the right to pass other I
avs or provide for the enforcement I
# this one. It can increase the I
penalty upon conviction. it may
,rovide new rules for governing I
PROSECUTIONS and obtaining evidence,
t can go to any length within the ]
limits for enforcing j
is laws; and it could do no more if I
here were a dozen constitutional
mendments. each declaring in as
aany different ways that p0lygany