The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1889-03-24

obey the laws of the state where they pre-
scribe a rule of conduct, that they have al
ready passed laws prohibiting plural mar
riages, and Furnishing whoever solemnizes
| such marriages.
They point further to the fact that the
| few Mormons who are in polygamous rela-
tions took no part in framing this constitu-
ton, and that the non-polygamous Nor
mons who did frame it, and who are urging
it here requested the non-Mormons of the
territory to unite with them, and offered
ithem representation in the convention.
To such facts as these they point as
evidences of their intention in good faith to
execute this prohibition of polygamy.
If considering duly what can be offered
against their sincerity in this regard, and
what they present evidencing sincerity,
| Congress should conclude that they are
proceeding in good faith and will act in
igood faith in carrying into effect this pro-
vision, there could be no doubt in the mind
of any one that admission should be
| granted, for that would end this question,
which has so long veXed the country, for
ever.
! THE POWER OF CONGRESS AFTER ADMISSION.
This contention that the Mormons who
have made and ratified this constitution
are not acting in good faith, and that they
do not intend to execute its provisions as to
polygamy. is coupled with the legal pro-
position that if Utah is admitted, Congress
will then be powerless to deal with polyg-
amy, and it may be practiced with impunity.
| The question thus presented is of such i'm
portance that your committee submit for
| the consideration of the House the respect
| i've contentious on that subject.
The argument of those who assert this
proposition is in substance as follows: That
| tot, tod i+cc &C
| to all local matters is complete and supreme :;
that the people may then amend the state
| constitution or make a new one at will :;
| that the legislature is free to make such
| laws as it may please, and, therefore, that
| if Utah is made a state with the above
quoted provision in the constitution, the
people may at pleasure make q new consti-
tuition, permitting polygamy, or may omit
| to make laws Furnishing 1t, and If this oc-
ours, Congress will be powerless to inter
| fere.
| The opposite contention is as follows:
| 1t is argued that this provision is in the
nature of compact between the Federal
governme Mt and the state, for the violation
of which Congress would have adequate
and peaceful remedies.
| We have been referred to compacts
similar in principle that have been made
with numerous states; such as the agree
ments or stipulations with many states that
| the right to tax in certain instances should
not be exercised for five years.
| The case of Louisiana is cited, in which
| it was required that trial by jury should be
provided for: that the laws should be
printed in the English language; and much
stress is laid upon the case of Nebraska in
which it was provided that slavery should
be prohibited forever; and it is argued that
if Congress could make such provision for
| Nebraska as to slavery, it could make such
| a provision for Utah as to polygamy that if
Nebraska had violated the agreement in re-
spect of slavery, Congress would have
found a remedy, and that remedy would
| be readily found if Utah should violate her
agreement as to polygamy.
| 1t can hardly be conceived that Congress
| imposed such conditions as above alluded to-,
from time to time during period of eighty
years, with the understanding that for vio-
| lations of them there Wo Id be no remedy.
1t must have been understood that Congress
would find remedy for breach of such a
compact, although no remedy was ever pro-
vided for. What the remedy would be
would doubtless depend upon the circum-
stances of each case.
| The remedies that have been suggested
! in the present case in the event of such &C
| ton as it is asserted might happen are that
representation in the Senate and House of
Representatives could be denied; that mail
| facilities and federal courts could be with
| held, and the like. And it is further urged
that if there is any doubt as to Congress
having the power to interfere that doubt
may be removed bya stipulation for rem
edy; that is to say, by Congress rendering
admission 1upon such terms as to remedy
as may be deemed to be adequate, and re-
| quire Utah to accept those terms by an or
dinance adopted by the people as condi-
! ton precedent to admission; as, for exam
I Ia R,F.+e
| tuition in respect OF the provision against
polygamy Congress might assume control
| just as though no state government had
ever been created.
This, in substance, are the respective
contentious on this subject.
The makers of this constitution, while
asserting their purpose in good faith to put
an end to polygamy, further insist that ad-
mission as state would not only be the
most effectual means of accomplishing this
| but that if Utah becomes a state the people
will soon cease to be Mormon and anti
Mormon. and will divide themselves be-
tween the political parties, and thus the
strife on the Mormon question will be
buried under the political issues that are
common to the entire country.
| Q CONCLUSION.
| Notwithstanding, and in view of the fact
| that the present congress is soon to expire,
and probably without opportunity on the
part of the House to consider this subject,
your committee deem it but just to all
parties concerned to present TO the House
the condition of Utah as to population, re-
| sources, development, schools, etc, etc,
and the extent to which polygamy now
exists, as above set forth, together with
| the respective contentious as to the doc
trines of the Mormon church, and the good
faith of the Mormon element in respect of
the offer to make polygamy a crime by a
constitutional provision, not repealable ex-
cept with the consent of Congress.
| The indications are certainly very strong
that in the not distant future polygamy in
fact will have ceased to exist; and when
that time arrives, if not sooner admitted,
the question will have to be met whether
Congress will exclude Utah as state be-
cause majority Of the people are members
of the Mormon church.
! Your committee present herewith report
of the arguments before the committee on
| this subject. Gentlemen Of the highest
character, representing both sides of the
controversy, were invited to appear before
| the committee and present such facts and
arguments as they might see fit to do. A
careful persual of these arguments, which
are made part of this report, will serve to
| inform the House and the country fully as
to the conditions existing in Utah at this
time.
Having thus presented the situation as
disclosed at the hearing, the bill is reported
back, with the recommendation that it be
placed on the calendar for consideration
and action by the House.
| Mr.. c. J. Smith, travelling salesman for
Bedford, Clark & Co., Chicago, had the mis-
-