The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1888-01-06

Sd. That the compact 80 made may be
one that curtails, nmits. or diminishes
either the sovereignty Of the people OF the
State, or the power of Its Legislature, in
concerns some property interest or some
right of the United Stabes or some other
State. ea W EaEc' sgf i
4th. That such compacts, limiting or cur-
falling the sovereignty of q State, may be
made In form that will require the assent
of Congress to any change.
Hence It follows, that the proposal OF the
Constitution for Utah, whereby the people
of that Territ7ry. If admitted under tnis
Constitution, would bind themselves never
to change their Constitution in respect to
polygamy and bigamy without the assent
preceden ed compact, but that 1t would be
10 the same form and the same terms in
which similar compaets have been made
with other new States.
Has there not been proposal to
amend the Constitution of the United
States so ss TO prohibit polygamy in
every State in the Union by Federal
authority instead of admitting Utah
under the proposed State Constitution ?'
Yes. Such an amendment OF the
Federal Constitution was introduced in
tAe last Congre s, but it was not acted
upon. The objections to this proposed
amendment have summarized as fol-
lows: t.s4, 49, ete-sr
1st The Constitution of the United States
should not be amended without some pub.
lie necessity, 10 accomplish an object of
common concern to the people OF the United
States, which cannot be accomplished as
well or cannot be accomplished at all, by
stitutional amendments, and the invocation
of the necessary machinery. are very I'M
desirable.
No State in the Union has ever had any
practice of -polygamy among its people, as
q recognized social relation, having its orr
gin in or being in any way connected with a
faith, or having its origin in any
thing else. The crime OF bigamy, sporadi.
cally occurring, and always clandestinely.
is punished by Sts statutes. and needs no
federal interference. The normal and un-
relation of marriage inran the
States is monogamy; and no State isfn any
peril OF polygamy. or needs to invoke the
aid of the United states to prevent any
change in its civilization in this respect.
Sd. Pol gsmy Is practice that has ex-
listed as an open and recognized relation be-
tween the sexes only in two or three of the
erritories of the United States. 1t has ex-
isted more extensively in Utah than in any
othe' Territory, but it is a well.asoertained
fact that even in that Territory, where a
large majority OF the inhabitants hold a
his form fthe marriage relation, snly two
or three cases of prosecution for new polyg
amous marriages have come before the
courts of the Territory in the past
two years, under the Federal statutes. To
put in motion the machinery of amending
the ConsutuIion OF the United States, IN or
der to end this evil in certain locality,
rather than 70 rely on the provisions and
of the State constitution proposed
b. the Mormon inhabitants OF Utah, would
be manifestly inexpedient and unnecessary
4th. The proposed amendment of The
Federal Constitution is Objectionable i'll tue
following particulars:
Section l, which prohibits polygamy in
any State, proposes to interdict something
that does not exist in any State, and is in
NO likelihood OF ever existing there
SECTION requires every State to prohibit
polyga amy W thin its jurisdiction, although
In every State polygaD,ous marriage is
now bigamy bv statute law.
Section 3 eXten@s the judicial power of
the United States to the prosecution of the
crime Of polygamy, although ,has offence is
now crime IN every Site ;ainsG the
State itself.
Section introduces what would be found
10 be an embarrassing confusion between
The Sta juris lotion over m 4rrisges aud
divorce, and the proposed Federal jur;sdic-
lion over polygamy.
All the sections l, 2 and 8 introduce be-
sides the definition OF polygamy, the unde-
fined and uncertain off noes of 'p)lys-
amous assoc alton or cohabtation between
the sexes " Fnlygamy is easily defined of
the marriage of one man api more than or e 4
woman. Polygamous association or ccha
ltation between the sexes is either need-
es> Pathology. or. if it was intended to make
L distinct offence, the trainers of the amend
ment have not defined it, and they prob
ably could not What comes ofIeaving the
definition Of rehabilitation to judicial in
er reta ion, as an offence distinct from
)nlys amy, has been abundantly and cruelty
llustrst ID by the judicial administration OF
he Federal statutes in Utah, where men
Who did not live with any plural wife b We
porting and showing perfectly innocent and
harmless attent' ons 70 women whom they
married long before there was any law pro |
liblting SUCH marriages,
What Is your conclusion on tie
Whole matter?"
: [ have expressed it as follows:
,peskiDg as citizen of the United |
lates and of one of the States of the |
Union | should be unalterablv opposed |
o cession to the Federal go7ernm Mt |
# any power to regulate the ruarri. &c
eiatibn in any form in the States. In
he Territories and in the District of
Columbia the United States have all the
over the marriage relation
hat is needful. and in respect to the
rritoriss more authority than has
eeN wisely used. should gladly do
ny hing in my power to end what
!, lygamy remains, III mercitul aud
christian spirit; and speaking as a
Nv yer | have no hesitation IN saying
hat the compact, which the Mormon
u 4abitan:s now offer TO make with the
lated States would be in MY iudg-
l,nt perfectly valid, consistent win
ur system of government and efficient
Or every hing that can be desired. IL
" judgment. after very careful ref c.
on the admission of Utah under TIL
opposed State constitution will prove
} be the most simple and satlsfac-
.ry solution of the whole problem of
oily gamy that can be devised.
How has it come about that the
Tormons bave adopted this plan of
Diving TIE prob en- :?
Some people would say that it is be. ,
anse they have been driven to the wall
Y the Federal Legislation. It is not ,
cry material what has produced this
nange in their feelings and purposes.
he whole population of Utah is at
asst 100000; four-fifths of them are