The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-05-22
AGAINST PoLYGAMY.
A Proposition to Prohibit the Evil by Amend
ing the Constitution.

A Proposition to Prohibit the Evil by Amend
ing the Constitution.
WASHINGTON, May 2l-The House committee
on the judiciary to-day instructed Chairman
Tucker to report favorably an amendment to the
Constitution declaring polygamy unlawful
There was 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 followingis the full text of the amend
ment as it will be reported:
Resolved, etc., That it is deemed necessary by the
two houses of Congress to propose an amendment to
the Constitution which shall be valid to all ir tents
and purposes of the Constitution when ratified as
hereby provided by the legislatures of threefourths
numbered and to read as follows towit:
Article XVI Frst-the marriage relation by
contract or in fact, by person of either and
more than one person of the other sex, shall be
deemed polygamy. Neither polygamy nor any polyg
association cohabitation between the sexes
shall exist in any place within the jurisdiction of the
United States any of the States.
'Second-The United States shall not nor shall any
State, make or enforce any law which shall allow
ton between the sexes: but the United States and
every State shall prohibit the by law within
their respective jurisdictions
.'Third-The Judicial power of the United States
shall extend to the prosecution of the crimes of
poygamy and of polygamous association cohabta
ton between the sexes under this act and Congress
shall have power to declare by law the punishment
therefor.
"Fourth--Nothing in the Constitution nor in this
act shall be construed to deny to any State the excu
i've power subject to the provisions of this article to
make and enforce all laws concerning marriage and
divorce within its jurisdiction vest in the United
Stated any power respecting the same within any
State"
Judge Tucker, chairman of the judiciary COM
mttee. said, to an Associated Press reporter:
The committee will report the amendment on
Monday, and will then probably take up the Ed
munds bill. The sub committee have consid-
cred the Edmunds bill, and will submit their
views to the full committee, which will meet
hereafter as often as practicable. The Edmunds
bill will be very greatly modified, but am not
prepared to say until action is taken by the full
committee, in what respect will say. howev-
er, that it will not be in a way materially to
change the policy of the government in refer
ence to polygamy, but that the effort will be,
while condemning the crime of polygamy. to do
so in consistency with the constitutional law,
and with respect to the liberties of the people
affected. The amendment to the Constitution
proposed by the committee was intended to de-
fine the crime of polygamy and the like. as trea-
is defined by the Constitution itself,
so that no element in the definition
of the offense would be left to Congressional
action. Having defined the crime. lest it should
continue or be revived in a new State when it
ceased to be Territory, the amendment gives
Congress the power to punish the crime created
by this article. and the courts of the United
States the power to try it. Then, in order to
prevent auy inference in favor of the power Of
Congress to interfere in the general law OF each
State as to marriage and divorce, the amendment
further provides that no construction shall be
given TO it which would deny to each State the
exclusive power to regulate that class of ques-
tions or to give any such power to Congress-
The amendment. therefore. while serving as a
remedy for the crime, even in the States them
selves, Is entirely conservative Of the power OF