The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1886-05-22
THE MORMON PROBLEM.
CONSTITUTIONAL AMENDMENT
DECLARING POLYGAMY
UNLAWFUL.
What Judge Tucker OF the House
Judiciary Committee Thinks
OF the Measure.

WASHINGTON, May 2l.-The House
Committee on the Judiciary to-day
instructed Chairman Tucker 10 report
favorably an amendment 10 the con.
stitution declaring polygamy unlaw-
full. There was but one member q
the committee who did not agree to
the sction of the committee. and he
onIy desired further time to consider
it. The following is the full text OF
the amendment as it will be reported :
THE PROPOSED AMENDMENT.
ResOlred, etc, That it is deemed
necessary by the two houses of Con-
gress 10 propose an amendment to the
constitution which shall be valid to
ali intents and purposes as part OF the
constitution when ratified as hereby
proposed by the Legislatures of three
fourihs OF the several States the pro
posed amendment to be numbered
and to read as follows, towit
Article XVI. - First The msr-
riage relation, by contract or in fact,
by one person OF either sex and more
than one person of the other sex shall
be deemed polygamy. Neither polyg.
amy nor any polygamous association
or cohabitation between the sexes
shall exist or be lawful in any place
within the jurisdiction of the United
States or any of the States.
Second. THE United States shall not,
nor shall any State, make or enforce
any law which shall allow polygamy
or any polygamous association or CO.
habitation between the sexes, but the
United States and every State shall
prohibit the same by law within their
respective jurisdiction.
1hird.-The judicial power of the
United STATES Ihall extend to the
prosecution Of the crimes of polygamy
and OF .Jolygamous association or
cohabitation between the sexes under
this article, and Congress shall have
power to declare by law the punish
ment therefor.
FOurh.-Nothing in the constitution
nor in this article shall be construed
10 deny anyState the exclusive power,
subject TO the provision of this article,
to make and enforce all laws concern
ing marriage and divorce, within its
juri' diction, or TO vest in the United
States any power respecting the same
within any State.
JUDGE TUCKER,
chairman OF the Judiciary Committee,
said to an Associated Press reporter:
"The committee will report the
amendment on Monday, and will then
probably take up the Edmunds Utah
bill. TIE subcommittee have consid.
cred the Edmunds bill. and will sub
init their views TO the full committee,
which will meet hereafter as often as
practicable. The Edmunds bill will
be greatly modified, but am not pre-
pared TO say, u1til action by the foil
committee, in what respect. / will
sSy, however, that il will not be in a
way materially to change the policy of
the government in reference to polyg-
amy, but the effort will be, while con.
demning the crime of polygamy, to
do 80 in consistency with the const
tn ional law and with respect 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
the like as treason, as intended by
the cons tuition itself, so that element
In the definition OF the offense will
be left TO Congressional action. Hav
ing defined the crime, lest it should |
continue or be revived in a new State
when 1t ceased to be territory, the |
amendment gives Congress the power
to punish the crime created by this |
article and to the courts of the United |
States the power to try it. Then, in
order to prevent any inference in
favor OF the POKER of Congress to in
terfere in the general law of each
State as to marriage and divorce; the
amendment further provides that no
shall be given to it
which would deny to each State the
exclusive power to regulate that class
Of questions or to give any such power
10 Congress The amendment, there
lore, while serviug as a remedy for the
crime, even in the States themselves,
8 entirely conservative of the power
If the States over the important do
m site relations Of the family. The
was framed for the pur-
pose of throwing weight of itself
against polygamy, as the present con-
makes it that any State
zones into the Union, as well as
hose already in it, shall be Republic
AN in their form of government, so
his amendment provides that every
State in the Union shall be American
n its pc OF society and not Asiatic.
That is, the State shall be Republican
IS to their form of government and
as TO their social life.
Judge Tucker id that he had given
he amendment thorough and mature
consideration. The subcom % ittee and
hen the full committee had agreed to
t after full consideration, and il had
MT with general approval from per-
laps fifty members of Congress TO
whom 1t had been shown, and on
whose judgment he could RELY. He
Intended to try and secure speedy and
borough consideration for It by Con-