The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-01-22
EDMUNDs ON PoLYeAMr.
Utah Can Make PolygamT Lawful-Congress
Must Seat Roberts, but May Expel Him.

must scat hObertsp nut May ENpel Him.
Ex-senator George +. Edmunds has con-
trlbuted to the Christian Herald an article on
polygamy and the case OF elect
Brigham H. Roberts. He says:
1T is now evident enough that Congress
was mistaken when It passed the Enabling act
n sMppesidpS n that p9Iygemous notions hTd
the same way as other States. Congress- also
must nave overlooked the fact that any on
ssondisIas Of on ~ the "a mart q The Be t sStat f1S Of Utah rnln as
ing 70 the administration OF its internal affairs
would not DO binding in point Of law. and
must be tho forclble overturning OF the State
fRe Instant the State was admitted. eyery act
OF congress relating to is internnI policy
esqpence IL that in point OF law, the State OF
Utah has the same SOVEREIGN rights that any
or unlawful cohsbitation, or she may Sutiborize
that iileEitimate children shall not inherit. or
che may declare. as she appears to have done
ainoe her, admission. that illegitimate chill
dren shall inherit on an equal footing with
THE Constitution OF Utah only prohibits
the ceremony OF making . polyRamous or
rryins on o. po~iyeamous relations. Nor do her
laws go any further, so lar as l can ascertain.
In fact, she h il; as l have said, ab y inds-
ana she appears. from all reports. to be stead.
y taking advantages Of her opportunlties. and
Lec' a. " oto .uV.. oo'ipViuNSiy "
practice Of, polyGemy., I am not informed at
took place. nor is this material to the ques-
ton. II they took place before the State was
But he cannot be.pow, The acts of Congress,
wiHes, ia fhfg not Pp panish sS Snd Ware not T intendPe lSdrta to
punish those who had been in the practice OF
RTS1 sIr nnyo f9E ffuR TISs it tho sew wh al had nrd been
nous relation, If MIR. lHobsrts's polysamops
mitted. he would be guilty Of violating the
state law in CONTRACTING such marriages. but
law in living as a husband with ali his plural
wives: for. 50 far as / am informed, there is no
such law Of Utah. In any case. as Is true every
executive and Judicial, willing and deslrious to
ment. 1t. would seem clear from. what has
tranaspired: that the Government 81 Utah has
no I'm fa' sSis sfa,e 70 Of P tS { i@ iG ask c'rS what can
The House Of Representatives do il the case Of
States provides that the House Of Representa-.
tives shall lie the Judge of the election and
Gualihes.ions Of its members. The power TO
certain whether a majority Of the legal voters
have in the manner provided by law voted for
lions Of the member are three. He must be
twonty.1ve years OF age he must have been
must have been ut the time of his election an
inhabitant of the State. OF these three requi-
sites the House is the Judge. II he possesses
these. the House has. in nv opinion. no lawful
power to apply any other or further test in
respect, Of his being admitted to a seat II
would be extremely dangerous for a Constitu-
ton to give q majority of a House tho right to
determine what particular sort of man the Deo-
pie Of q State should nave the right to elect to
represent them further than our Constitution
has declared.
"This is too obvious to require Illustration.
But when a mar 50 elected and possessing
the qualifications required by the Constitu-
tion has once taken his seat. the Constitution
brings into play another an entirely different
provision, authorizing the House. with the
concurrence of two-thi-ds. to expel a member.
Upon the exercise OF this right, the Constitu-
tion wisely imposed no limitation except that
OF requiring the concurrence OF two-thirds to
expel. II. Therefore, the House OF Representa-
tives shall find ON due inquiry that Mr.. Roberts
Is an open, practical and persistent polygamist:
and the House thinks that in view OF that fact
and In connection with the circumstance un-
der which Utah was admitted. or without ref
erence to these circumstances, 1t will be a re-
proach tc its dignity and good name to con-
tinue Mr.. Roberts as a member. II may law
act at all tsupposinR tho facts to be as stated.
t will have given its acquiescent approval! OF the
conduct OF Mr.. Roberta and of the action Of
the peopleiwho elected him with full knowledge
Of the circumstances, and henceforth 1t will be
justly considered that, the House has no dispo-
my In Utah. II, it does, act and. eXpel the
member. 1t will have declared against the per-
petuation OF that system.
Utah being now o sovereign State. with all
the power of;anv other State. neither house
Of Congress OF the whole Government Of the
cept by the act OF war to which have already
alluded"