Butte semi-weekly miner. [volume] (Butte, Mont.) 1886-1890, 1886-05-26
PROPOSED
The Constitution to Define the Crime Oh
P0lySa,ny.

The Constitution to Define the Crime OF
Polysamy.
The House Committee on Judiciary to.
day instructed Chairman Tucker to report
favorably an amendment to the Constitu-
ton declaring po'ygamy unlawful There
vas but one member of the Committee who
did not agree to the action of the Commit
tee and he only desired further time to
consider it. The following is q full text OF
the amendment - it shall be reported:
Resolved. etc., That it is deemed neces-
sary by the two Houses oil Congress 10
propose an amendment to tine Coustitu,
fion. which shall be valid to all intents ana
nnrnoses as a part of the Constitution
| when ratified. It is hereby proposed by
! 4he LEGISLATURES OF three-fourths OF the
sovereign States that the proposed amend
1nent. to be numbered and to read as 1ol'
lows, to-wit:
Article XVI.-First-The marriage rela'
ton by contract, orin fact by one person
az either sex and more than one person o.
the other sex
SHALL BE DEElED
Neither polveamy nor any polygamous
association or cohabitation between sexes
shall exist or be lawful il any place within
the Jurisdiction Of the United States or az!
oi the States.
Secoud-The United States shall not. no.
shall any State, make or enforce any la"
which shall allow polygamy or any polyga'
mons ASSOCIATION or rehabilitation between
sexes. But the Unitsd States and every
State shall prohibit the same bylaw within
their re spective jurisdiction.
Th;rd-The judicial power OF the United
States shall extend to the prosecution o.
crimes OF polygamy and OF polygamous as
sociatiors or cokabitation between Eexef
nnder this article, and Congress shall have
power to declare by law a punishment
! therefor.
Fourth-Nothine in the Constitution mol
in this article shall be construed to deny tt
any State exclusive power, subject to g
provision of this article. to make and en-
force all laws
MARRIAGE n TvoRo
within its jurisdiction, or to vest in tn
United States any power respecting thu
same within any State.
Judge Tucker, Chairman OF the Judiciary
Committee, said to an Associated Fress re
porter: THE Committee will report the
| amendment on Monday, and will then
i probably take up TIE Edmunds Utah bill
| The Subcommittee have considered thu
Edmupds bill and viii submit their views
to a iuii Committee, which will meet there
after az often as practicable. The I'd
| munds bill viii! be very greatly modified
but | am not prepared to say until actor
! by full Committee in what respect. l WILL
say, however, that it will not be in any
way materially to change the policy OF thu
Government in reference to polygamy, but
an effort will be made while condemnlngt thu
crime of polyg.,my, to do so in consistency
with .the Constitutional law. and with re
spect to the liberties OF the people affected
The amendment to the Constitution pro-
posed by the Committee was intended to
DEFINE THE CRIME
OF polygamy and like treason defined by
the Constitution itself SO that no element
in definition OF the ofieuse would be left tt
Congressional action. Having defined tn
crime, lest it should continue or be reviewed
in q new State, when it ceased to be a Ter
ritory. the amendment gives Congress thu
power to punish the crime created by thi!
article, and to Courts of the United States
the power to try it. Then in order to pre-
vent any inference OF the favor or power o
Congress to interfere in the general law o
each State as to marriage and divorce, tn
Amendment further provides that no con
struction shall be given to it which wouit
deny to each State the exclusive power tt
regulate that class OF questions or give an.
such power to Congress. The amendment
therefore, while serving as a
REMEDY o A RIME
even in the States themselves, is %entirel,
conservative of the power OF the State owe
important domestic relations OF the fam
ily. The amendment was framed for tn
purpose of throwing the weight OF it's con
struction itself against polygamy, as tn
present Constitution makes it essentia
that every State that comes into tn
Union, as we'll as those already in it, shal
be republican as to their form OF Govern
ment and monogamists as to their socia
life"
Judge Tucker said that he had given tn
amendment thorough and mature consid
Grafton. The Subcommittee and then til
full Committee had agreed to. it after a full
consideration and it had met with genera
approval from perhans fifty members
Congress to whom it had been shown, an
on whose judgment he could rely. He ir
tended to show and secure a speedy an
thorough consideration OF it by Congress.