The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1893-12-20

Mr.. Powers-I would like to inquire
of the gentleman whether he has any
objection to the insertion in the en-
aiding act Of clause prohibiting
lpolygamy?
Mr. Rawlins-None except what I
shall state I was proceeding to say
Mr. Powers-If you will assent TO
lo'clock this evening
That Amendment.
Mr.. Rawlins-I was going to make
suggestion on the subject. The pro-
vision which is proposed by the min
GRITTY to be inserted in the Constitution
makes polygamy or dual marriage a
felony and provides for its punish
ment; but it does not define the offense
or make any exception. If that pro
vision is inserted in the terms in
Which 1t Is embodied in the minority
report, it could not be in any manner
changed or modified by the tarritoriaI
legislature 1t is not complete in its
definition; it is inaccuracies; Ii would
work injustice; it would prevent the
enactment Of laws by the state which
would tend more completely to sup
press polySamy and to prevent its re-
VlVaI, II any such thing were supposed
liable to happen.
Qdere the hammer feII)
MT Bretz-I ask unanimous con-
(Mr. RaWlins) be allowed to continue
his remarks until he has concluded.
| There was no objection
Mr.. Rawlins-I thank the gentleman
and the House for their courtesy. I
am sorry 1t has become. necessary that
I should occupy more than the time
allowed under the rule
(Mr- Powers advanced to Mr. Raw
Inns and showed him a. proposed
lamendment)
Mr.. Rawlins-I have no objection to
that proposition. I was about to sug-
gest that we might insert a clause pro
vldinS the enactments of the territor-
laI legislature for the punishment of
polygamy and in relation to marriage
should be continued in force; but L
am entirely content with the propo-
ls1tion which the gentleman from Yer
monte Mr. Powers suggests.
! Several members: Let il be read
| Mr.. Powers: The amendment which
[ propose is to add after the word
worship in the nineteenth line, page
II (Which is the clause prohibiting GER
| tain things) the following words:
! Provided that polygamous mar
riages shall be forever prohibited"
1 understand that the gentleman
from Utah assents that this amend
ment may be made.
| The chairman: The amendment is
not in order now.
! Mr. Powers: [ have suggested this
provision for the reason that it occurs
10 me the amendment proposed by the
minority OF the committee is altogether
too cumbersome; there is too much
machinery about it.
| The chairman: At the proper time
the amendment can be submitted.
| Mr.. RawlinS resumed the floor
| Mr.. Hunter: 1 would like to ask the
gentleman from Utah this question. IL
| it not fact that the provisions of this
Dill, If adopted, will carry into effect
the territorial laws until the territory
becomes state, which will effectually
suppress polygamy until the Iegisla-
ture can meet2
Mr. Rawlins: The present enabling
act as proposed contains a provision
which was about TO read. This pro-
vision OF the enabling act, as proposed
by the committee, is that
"All laws in force made by said ter
r1tory at the time Of it's admission in
| TO the Union shall be in force in said
state, except as modified and changed
by this act or by the constitution OF
the state.'
Now, the laws to which I have re-
ferred, enacted by the territorial leg.
| iSlature, viii, by the operation of This
provision of the enabling act. be con-
tnued in force under the state govern
ment. 1t is true that the legislature Of
the state might if it saw fit repeal or
modify those statutes, but pofveanov
would be unlawful. Polygamous mar
fiases would be invalid. by force Of
these territorial statutes upon the pas-
sage OF this enabling act, without anv
provision IN the constitution or in
the enabling act other than what
have read providing against polvgamv
Inc objection which I have as
nave already stated, to the definition
7T
stitution is that if the provision H. te,
adopted by Congress it will leave the
matter IN an unsatisfactory condition
FOR the reason that it will reneaT e.
instance, the statutes that I have road
enacted by the legislature of the fer
Illory' because the definition of "po-
Ilygamy, as contained in the amend
ment of the minority, is fnconsistant
WIN these statutes. 1t rather tends In
my Judgment, to prevent the exercise
loI the rull authority on the part of fine
state, OF powers to prevent any revival
OIL TINS obnoxious practice. and We
do not intend-the people Of TTtab IN
not intend. in my belief-that If sbsTI
be revived. 7--1H
Will Not Re Revived.
There is. I think, nobody in the ter.
rltory at this time who h6s any de-
sire whatever to revive it The Ieszsr-,
lof the Mormon Church have soIa-1r,Iss
professed and pledged their faith and
honor and the faith and honor Of the
Ipeople-the entire people of the Nor
mon Church-that they will not revive
this practice. They did it in the NOT
ton for amnesty addressed to the presi-
dent, and all the leading Federal Of
hclals In the territory joined in a state
ment that they believed that these
men were sincere in asking the Dresi-
dent 10 exercise his clemency in their
ton po1-
There have been no Mormon noise
amous marriages in Utah, so far az
known, within the last eight OF. ten
years, with few exceptions. and fhe
public declaration of the Mormon
church is that there has been a dis
continuance of the practice. The
legislature has enacted every law re-
lqufred for the prevention Of the re-
wal OF the practice, and in view Of
these facts no provision IS necessary,
In my Judgment, although I am willing
| to consent that the amendment pro-
posed by the gentleman from Vermont.
which has been read may be adopted
Mr.. Baker of New Hampshire-WiH
the gentleman allow me to ask him a
question?
Mr.. RawIins- Certainly.
Mr.. Baker of New Hampshire-
Does not the bill now before the House
change the law as to the registration
OF voters; and il so, please state in
what particulars2
Mr.. Rawlins-It only changes it TO
this extent: The same method OF
registration as now provided will pre-
wall. Under the existing statute
man to be entitled to register or vote
lis required to take oath that he viii