National Republican. (Washington City (D.C.)) 1872-1888, 1886-05-25
THE poLYGAMY QUESTION.

Proposed Regulation of the Subject OF
Marriage and Divorce, and the ExtIr-
patton of Polygamy.
The report Of the House committee on
judiciary to accompany the joint resolution
proposing a constitutional amendment on
the subject Of polygamy is long document
which deals In detail with all the branches
of the subject and enters into an elaborate
discussion as TO the power of Congress in
the premises. The report says:
Your committee Is deeply Impressed with
the belief that, in the maintenance of the bnl.
AncCs between the powers delegated by the
constitution OF the United States and those ro-
served 10y IT to the states and the people, the
peace, order, liberty, and progress of the peo-
pie of all the states will be best secured When
any change is proposed we must look with
vigilant circumspeCtion to its results on the
operation Of the systems. lest II may disturb
the balances and the equilibrium Of our con-
stitution. No material advantages can com.
pensate the people for the loss or impairment
Of any essential principle in our constitutional
government. The proposed amendments re-
icrred To the committee relate TO regulation
OF the subject of marriage and divorce, and to
the cNtirpntlOn of polygamy.
The right OF the people inhablting
territory to mold It's policy, to frame It's laws,
aud to construct its government has never been
sanctioned by the Supreme Court, aud Is not
based On sound reason. The territorial gov.
eminent has no original powers, but only de-
riyative authority under the act Of Congress
organizing II. To hold otherwise would divest
Congress OF Its constitutional authority to make
rules and regulations for II ana to determine
It's bounds, and would give u few settlers tho
right TO decide for the people of the United
States, who are Joint owners in the whole do
main, the destiny Of the new states TO be asso-
ciated In union with them. The regulation of
the marriage relation In each state, the pro.
cess by which IL may be formed, the rights aud
IN mplhnI a
dissolution never having been delegated to the
United states nre reserved to the states rcspec-
| lively, but ns TO the District of Columbia and
terms delegated 10 the Cnited States.
The duties OF Congress incident to Its powers
are to III the community III the territory In its
formative process TO become n state and thea
| TO admit II into the Union. In the coutempa-
| tion of these high duties your committee have
carefully inquired into the condition OF the
| territory ana Utah. In this community there
has appeared religion, aud the practice under
| II OF polygamy, which has long called for jn-
| dicious action on the part Of Congress. A clear
understanding of this condition Of things may
| be had from n historical view OF this singular
people and It's religion and practices. q d
| Your committee feel satisfied that nothing pro.
| posed by them TO the House will, in the slight
est degree, trench upon the sacred canons Of
religious liberty.
After quite long discussion of the form
that the amendment proposed as a remedy
for the disease Of polygamy should assume,
the committee say Of the measure reported
to the House:
1t seems to the committee that these proyi.
sions secure to the Union, the courts and the
Congress of the Union complete authority to
| cxtiTpate the system of polygamy and It's kim
dred ohense of polygamOus association or "co-
habitation between the sexes" The crimes
are fixed by constitutional definition the pun
ishment is prescribed by Congress-, and the
judicial power of the United States will enforce
the constitution against all oliende s..