| Show the report of the judiciary committee about ft a month since we printed tho the briel brief synopsis of the report of the house Judi judiciary ciar committee on the memorial of the utah leg isla turo asking for a repeal of the anti poleg am amy y law of july below wi will ill be found the report in full which is of sufficient interest to our readers to excuse tho exclusion of the usual ansual editorial matter washington february 28 1867 the committee Commil teo on the judiciary to whom was wan referred the memorial of the legislative assembly of the territory of butali praying for the repeal of an ali act to prevent and punish tho the practice of polygamy in tho the te territories rr tores of the united states respectfully report that they have consi considered dereI the said ine memorial morial and reached the following conclusions thereon tho the statute which wo we are arc asked to re repeal peal I 1 provides seon 1 that any person having a husband or m vicc ife living who marry any gihei person whether married or single in a territory of tho the united states or other place over w aich abich the united states shall ha 0 ex clui ivo jurisdiction shall be adjudged guilty of bigamy find upon cow conviction petion shall be ba pun isaf ishad d by it a flue fine not exceeding and by imprisonment not exceeding fio fhe years saxo SECTION 2 annuls all acts and laws lans of the territory of utah which establish protect maintain or countenance tho the practice of polygamy eia evasively culled called spiritual inar marriage ringer however designated by legal or ecclesiastical solemnities sacraments ceremonies consecration or other contrive con contrivances triva nees I tho effect of the repeal of this act would be to establish tho the sa B stem of polygamy in in utah by the concurrence 3 of tho the congress of the united stated the law organizing the Told tory of utah under vi bich the legislative assembly of utah acted in passing the acts i chich aich aro are annulled I 1 by the act of congi ess to punish and prevent polygamy in tho the territories of the unite stated provides provider as ag follows bollom s all lims lau s passed by the legislative assembly nud aud Go Goi gobor cor cruor shall bo submitted to the Cou congress gress of the united states staten and if disappio ed shall bo be null and of no lie effect L the Y he prayer praye of then is this that the people of tho the united states through their in CoD congress gress ahall by an affirmative act allow and sanction tho the practice of polygamy in tho the territories of the united state which also implies that the establishment of polygamy shall not prevent the admission of tho the territory ns its a state in tho union upon an equal foot footing ilig 0 u with ith the ori had states I 1 V the reasons assigned ky by the I 1 for buch action aro as follows lol lows upwards of fourteen years ngo ago the church of jesus christ of latter day saints did publicly avow and proclaim its belief in tho the doctrine of plurality of wives wires at of divine origin and as a portion I 1 of religious faith and thal thai eforo stid said law I 1 is contrary to the spirit of tho the constitution and directly in conflict Y ith the first amendment 1 cof which provides that Congre sri sg I 1 shall make no law respecting an establish went of religion or prohibiting tho the fice exer ciso thereof and that the law is export ex post facto polygamy has formed a part of almost every system of heathenism and ana barbarism A of the true marriage relation I 1 hats has characterized them with scarce an exception t polygamy has been legalized and in 4 prostitution dubeen a part apart of the religious system the effect bein being in both cases 4 I 1 tho the same both alike alik cc destroying the original q I 1 and divine society sicily tho the practice of polygamy has been deemed one of tho highest crimes against society by tho the common cons consent dut of all christian nations I 1 every s state in the union has passed laws inflicting upon those guilty of its practice tho the punishment prescribed for felons whose presence cannot bo be I 1 tolerated among their fellow tj t men every denomination of christian people in tho the laud land with tile the single and comparatively very small exception of that calling itself the church of jesus christof of latter day saints holds as a portion of its religious faith that the practice of polygamy 1 n s an offence offense against b god and society and in the opinion of your committee no greater ou outrage I 1 age upon the freedom of religious faith could be f perpetrated than to require the christian people of the nation to sanction and approve by law a practice so bo deeply offensive and revolting I 1 II 11 to them or to become responsible to any extent for a system which according to their religious be lolief ilief held and proclaimed not merely for fousteen fou iteen years but more than eighteen centuries iz is tho embodiment of ill all that is wicked and debasing in social life the equality 1 in in amber number of the sexes is con elusive proof of the design of the creator that I 1 one waman woman only ahou ld bo be the wife of one it man the marriage relation thus constituted 1 I is the foundation of tho the family and of tho the stated state it is no violation of the first amendment of the constitution to punish pum I 1 sh crimes against society altho ugh soine man or association asso of men may avow and proclaim that the practice of such crimo crime is of divine origin that it is a L portion of llie his or their religious faith if it I 1 w 1 were ro bo an entire immunity from punishment would be secured by every one willing to add 11 hypocrisy and ignorance to any other offence I 1 of which he might lio biT guilty the argument used by the memoria lists if it were sound I 1 would prove that if any association of individuals f should be formed which should na an a I 1 III I 1 I 1 caiti its aad religious i faith ascot that all mani marriages ages should bo be bet t 1 I 1 aside and the family rehi relations eions bo be entirely I 1 abolished that thence thenceforth foith all lifts of the I 1 I 1 I 1 states which punish would bo be I 1 unconstitutional and if the thugs of india tj iio i L 10 be ba a religious sect 1 fan erred cd to this country liwa laws tig dinst the practice of their religion rind the ordinances of tile tho states or of tho the national government would bo be unconstitutional if this law of congro o bo be in direct conflict with the fiat amendment of tho the constitution us As alleged then tho the laft bals of which punish bigamy anda and 4 law 0 congress which 1 p punishes bigan bigamy aklu lao igo ot columbia are anro also unconstitutional aud and tho the family relation cannot ho be protected without n i violation of iho tho constitution because tiny any citizen ling has the same tionne right to exert 1 lw his r religion nig lon anata andeits ordinances in any state that ho he has in fhe cho law is manifestly not an ex post pos facto facio law because it does docs not as assume burno surno to punish tiny any act committed before it iu t passage your believe it 1 per that the memoria lists and all others who nho within tho the territories of the united states re diere b ardin 0 the law referred aft 0 should bo be assured in tho the most certain and authoritative manner that tho the laws will bo be enforced that the people of the united un 1 cited states stales will mil never consent to tolerate in this country a relic of barbarism destructive alike to tho the family and the state and utterly abhorrent to the mural moral sense dense of the nation and that a i persistent io of this law u will ill certainly bo be followed by the punishment prescribed bait the committee desire to call the attention of tb c houy ouse to tho the follo following sta of the al emaril whereas the judiciary of orthis I 1 this territory ry has a not up to the present time lime tried any caso case under linder said law though repeatedly urged to do to so by those who have been anxious to test its constitutionality your committee have not been able to ascertain tho the reason why thi has not been ced tho the humiliating tact fact is is however apparent that the law is ut at present practically a dead letter in tho the territory ry of utah and that the gravest necessity exists for atti and in tho the opinion of the C committee on cittee if it bo be through the fault of the judia judiciary ary of that territory that tho the law is not t nabi ced the judges should bo be removed without delay and others appointed in their stead and that if the failure to execute tco tho law arise horn other causes cause that it accor becomes cs tho the duty of the president preside t of tho the united states to see that tho the law is faith faithfully fally executed and inasmuch as ad it is proper that a distinct answer bo be given by this house to a memorial coming horn the legislative assembly of a territory upon a subject of uch such interest and it importance the committee recommend the adoption of the fol following loning resolution I 1 1 that it is the of this house that the law of tho the united states entitled an n act to prevent and punish tho the practice ce of polygamy in iii tho the territories of t states ought not to bo be repealed but that it h hould be fully enforced and that if the judges of the courts refuse or neglect to enforce the same alleged in tl the memorial of tho the le legislative Ms dative e assembly of the territory to M tory of utah th cy should bo be removed from office and that if fbi reasons beyond be ond the control of said judges said iol law is not enforced in tiny any territory it becomes tho the duty of the of the united states to take caie that it bo be faithfully executed I 1 tho the deport was agreed to |
