The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1885-03-26
THE MoRmoN DECISION.

The decision rendered by the Su-
preme Court, touching the Edmunds
acG is interesting. The principal
question rasie1 was whether the cleo
ton supervisors provided for in the
law had power to prescribe an o ath to
be administered by registration off
GERS, that the applicant for registra-
ton is not bigamist or polygimist.
Without reference to the special points
In the cases appealed, which are tire
some, it is only necessary to give the
general result of the opinion. In ref
erence to the constitutionality of the
act, it is held that conditions
now have no relation to what
they were under previous statutes,
under which, it must be remembered,
Judge Black used to say the polygam-
lists would win. 1t is held, in this
opinion, that the people of the United
States, as sovereign officers and own
ers of the territories, having supreme
power over them and their inhabi-
tants. In the exercise of this sover-
eign dominion they are represented
by the Government of the United
States, to whom all powers of
government touching that subject
have been delegated, subject only
to such restrictions rs are expressed
in the Constitution, or as are necessa-
rily implied in its terms. In ordain-
ing a government for territories and
the people who inhabit them, all dis
erection. which belongs to legislative
power, is vested in Congress, and that
extends, beyond any CONTROVERSY. to
determining by law from time to time
forms of local government
for any particular territory,
and the qualifications of those who
shall administer it. 1t rests with
Congress to say, whether in any given
case, any of the residents in terri
tory shall participate in elections, and
it may, therefore, take from them any
right of suffrage it may previously
have conferred, or may at any time
modify or abrldge it as may be ex-
pedient. The personal and civil rights
of inhabitants of territories are secured
to them, as to all their citizens,
by principles of constitutional
liberty, which restrain all agencies of
government, state and federal. Their
political rights are franchises which
they hold as privileges in the legisla-
tive discretion of Congress. If we
concede, says the court, this discre-
ton in Congress is limited by obvious
purposes, for which it was conferred
and that these purposes are satisfied
by measures which prepare the peo
pie of territories to become citizens OF
states, still the conclusion cannot be
avoided that the Congressional ques-
ton Is clearly within its Jurisdiction
Certainly, it is continued, no legisla-
ton can be supposed more wholesome
and necessary in forming free, self
governing commonwealth, fit to take
rank as one of the coordinate states
of the Union than that which seeks tC
establish it on the idea that the fam
lily, as constituted in and springing
from union for life of one man
and one woman in holy state Of
matrimony, the sure foundation OF al
that is stable and noble in our civil.
cation, the best guarantee of moral
ity which must be the all benefieieni
progress in social and political i'm.
provement. To this end, says the
court, no means are more directly and
Immediately suitable than those pro-
vided by this act, which endeavors
to Withdraw all political influence
from those who are practically hostile
to its attainment. The opinion
was prepared by Justice Matth
ews. Justice Field dissented.