Evening star., 1899-02-02
EDMUNDS', OPINION
A Review Of the Law ia the Case Of
Congressman-Elect Roberts.
EXPULSION THB,.' ONLY REMEDY
He Must Be Admitted to the
House and Then Considered
THE STATEHOOD QUESTION

Ex-senator Edmums in the New York Journal.
1t is now just fifty years since the Mormon
political hierarchy was established in Utah
1t became organized territory of the
United States in 1850. and seven years
thereafter large military force was re-
quired to induce the Mormon territorial
government and officers to obey the laws
of the United States.
From that time onward, until the pas
sage of the act of Congress of March y,
lSS2, the political hierarchy under the form
of territorial self-government grew stronger
and stronger, and polygamy had become an
established and strong and growing insti-
tuition in spite of the fact that ever since
1862 there had been in force an act of Con-
gress making bigamy in that territory, as
well others, a crime, and providing for
it's punishment.
But, SO far as 1 am informed the act has
remained almost dead letter, and natur-
ally so because, substantially, all the ma
chlnery OF administering justice was under
the cortrol, either affirmatively or mega
lively, of the hierarchy
The act OF 1852 undertook to reform the
methods OF administering justice and to
provide means for bringing to punishment
persons guilty of polygamOus practices un-
der whatever name they might exist.
The act also provided for excluding from
suffrage and from official employment that
class of criminals.
How Utah Got Into the Union.
AT the time it was under discussion it was
stated by those having the bill in charge
that further measures would be brought to
the attention of Congress as might appear
expedient. And accordingly Congress pass
ed supplemental act on the Sd of March,
1885, in which it provided, among other
things, for annuling the territorial law of
utah under which illegitimate children in
herlted the same as legitimate ones.
In consequence of these laws the institu-
tlon OF polygamy greatly declined, and
there appeared reason for believing that in
a few years this blot upon our civilization
would entirely disappear. The hierarchy,
however, still continued to control the ma
jority OF the voters in the territory, and it
was thought unsafe to admit Utah as
state until there should be decided Gentle
majority of voters there. But the determi-
nation Of the hierarchy was continuous,
and its efforts for admission persistent, un-
til finally Congress was persuaded to pass
the act of July 16, 1894, authorizing the peo-
pie of Utah to form a state constitution and
to be admitted
It is generally known that this was ac-
complished by inducing Congress to believe
that the claim of the hierarchy that poyg-
amy was divine institution, and part of
the Mormon religion had been abandoned,
and that its practice had substantially
ceased, and, therefore, that Utah ought to
be admitted as a state.
The Conditions of Statehood
The unly condition in the enabling act
was that the Utah constitutional convention
should provide by an ordinance irrevocable
without the consent of the United States
and the people of Utah, that while religious
liberty should be sacred, "polygamous or
plural marriages are forever prohibited
suant to this act adopted ordinance In
the very words of the requirement l have
quoted. and the convention made all the
territorial laws of Utah then in force a
part of the state law.
But in respect to the territorial act of the
4th of February, 1892, defining and punish
ing polygamy, &c, the convention adopted
that act orly so far as 1t applied to poIyga-
nous marriages; the effect of which was
following the very words of the act of Con-
gresS to punish only the crime of contract
ing a polygamous or plural marriage, the
proof of which, owing to the peculiar meth
eds of the hierarchy, 1t had been found al
most impossible to make in prosecu utions
under the acts of Congress This difficulty
had led Congress, in the acts | have re-
ferred to, to reach the evil by providing for
the punishment of unlawful cohabitation.
MOrmOns Now in Complete Control.
Since the admission Of the state which
was completed by the Presidents proclama-
ton Of the 4th of January, 1896, I have
never heard of any state prosecution in re-
spect to any of the acts related to the sub
ject, and it is well understood that the
Mormon hierarchy is in just as complete
possession Of the state in all respects it
was before the acts of Congress passed in
1882 and 1887. This DONNA ton is not con-
fined to matters of religious belief or wor-
ship, but extends to all the civil and politi-
cal operations of the state--a concentration
of power in few hands which is perhaps
without a parallel in any government hav-
ing written constitution and processing to
be a government of the people.
1t is evident enough that Congress
was mistaken when it passed the enabling
act in supposing that polygamous notions
had disappeared, and that the state would
go on in the same way as other states.
Congress also must have overlooked the
fact that any engagements on the part of
the state of Utah as a condition of its ad-
mission to the Union relating to the admin
istration of its internal affairs would not be
binding in point of law, and could only bind
the faith of the state government, for a
breach of which the only redress must be
the forcible overturning of the state gov
ernment, which would be simply war. Tine
instant the state was admitted every act of
Congress relating to its internal policy
ceased to have any force whatever The
consequence is that in point of law the
state of Utah has the same sovereign rights
that any other state has. She may punish
polygamy or unlawful coha bitation. or she
may authorize it. She may declare as Con-
shall not inherit, or she may declare. as
she appears to have done since her adms-
sion that illegitimate children shall in
herit on an equal footing with legittmates.
No Laws to Prevent POlygamy.
The constitution of Utah only prohibits
the ceremony Of making a polygamous or
plural marriage. 1t does not prohibit the
carrying on Of polygamous relations. Nor
do her laws go any further, so far as I can
ascertain. In fact she is as I have said,
absolutely independent of Congress in re-
spect of the subject, and she appears, from
all reports. to be steadily taking advantage
of her opportunities. and has, if reports are
true deliberately elected to Congress a
person in the open and notorious practice
of polygamy.
am not informed at what time these al
legged polygamous marriages took place. nor
is this material to the Question. IF they
took place before the state was admitted.
Mr. Roberts could have been nunished by
the authorities of th9 United States But
he NO ortS of