Show 1 W CALI OF floriba jiulio senate catbe united feb 23 83 A tn the bill to abend an act net en titled A an n act to amend rec pectin tin bw of the tile of the united states in reference and lor for other durpos M approved march 22 1 ibsh mr call said mr president if this bill were tin an enactment in plain and direct terms that the constitution of the united stales states was false that the system of popular government was a failure and a delusion that th there ere were no restraints of power contained in it no protection to indi vidual rig rights lits it would be no more clear and pal palpable Vable a subversion not on only y of the principles plea of the constitution and of its plain and find direct affirmation but also of the tile personal ri rights lits of every man woman and child child in this country but that is not all air it ls is a plain and fla flagrant ad ra nt insult to chi christianity to the ministers of the christian religion to the tile spirit of the christian faith and to the example of the great founder of the christian reli religion ion what of argument what of reason can there be e for the proposition that whatever each coming congress shall see fit to declare as to what religion is as to what men shall believe shall constitute the law of the tile time and for the tile people what is there in the constitution of the united states in regard to marriage polygamy or monogamy to authorize congress to declare what shall be the domestic relations of the people of the several territories I 1 1 recognize as firmly as an any one of the principles of our gociar social order which establishes monogamy or marriage to one woman and protects it with lie the force of law and find with its pro hibi tory sanctions I 1 desire to surround uund this relation with all the restraint and crotee protection of just and humano humane laws mid nd to encourage its proper observance and the growth of the tile higher and better character in both men and women which grows groins out of it but that is not the question presented by this bill of pains and penalties no reason can bo be given even by the distinguished author of this bill for a proposition that the congress of the united states has authority exclusive and absolute without limitation in regard to the subject ct of marria marriage geor or in regard to the personal liberty of citizens of the united states in the territories Is it simply ply because the language of the constitution affirms that the congress ress of the united states shall have I 1 exclusive power to legislate in the tile district of columbia and in the places ceded by the several states what connection is there between that proposition and the exercise of unlimited authority can this kind of power coexist co exist with the prohibition of any power on the part of con congress ress to interfere with the personal bonal liberty the personal rights ef of a citizen except by judicial arial trial Is it net plain and apparent that this is a government founded upon the principles of the capacity of a majority of the people in the dif different political communities that const constitute itil it io to control and govern themselves to make their own laws who can deny that this is the foundation and tho the very essence of the principle le of all our political institutions the capacity of ofa a majority of the people eople not dis franchised by that majority fur for crime or inability to exercise the suffrage rage who can deny that the very principle and life of our national and I 1 our state governments is the capacity of ofa a majority of edthe the people in the dif different localities to prescribe ribe laws for themselves on the subject of ali their c ir domestic relations laws it upon pon the subject odthe of the free exercise of their opinions 9 hero is a proposition to deny to the people the right of self government plain and unquestionable and to assert that th alie majority of the people of ofa a particular territory or locality shall be governed by a it minority why because the opinions of the majority are said to be contrary to our views of religion and our views of right mr president I 1 desire to submit a few observations upon thia this subject the senator from vermont affirmed the other day that the utah ufah women are in a condition of servitude that was the remark of the bono honorable rable senator ther therefore afore the senator from vermont asks what that they be deprived of the tile power to make themselves free the majority i arity a large m majority i 0 rity of ofa it particular tal lar community t the lie women that community it is said are in a state of servitude and therefore in ill order to make them freehe deprives them of the power to make them r elves pelves free lie takes away from them the power to emancipate themselves by tho control of the law of that territory from that condition of servitude sir what kind of reason ia there in in a proposition of that kind hind the women of utah are in a state of servitude and therefore you shall take away from them the right to eay say whether or not they shall leave that condition of servi tude and deprive them of nil political power 0 av the tile majority of tho the deopp people of attah utah entertain religious opinions us condemned by us and our christian ian civilization and our social system and therefore they are exempted em t ed from the principle of local Vern ment find roust must be deprived orivs of personal pera onal liberty of judicial trial and of political power and all rights and immunities the senator bakes a new definition for servitude and freedom and says the wol women liell of utah are in a condition of volun 1 tary servitude note the unitary servitude tind therefore he proposes ba by law to put them into I 1 a condition on 0 what of 01 involuntary freedom from their r own will by subjugating them to his and fur opinion opinions and to new and strange and prohibited instrumentalities and a agencies enches of government sir it is al obvious there is no reason in this that this ie is a contradiction not only in beims terms but of reason itself th the sen senator ator from vermont ont proposes te to make a matter of opinion on the subject of tho the right or wrong of having one wife or more than one a condition of the tile exercise of the suffrage the argument of the senator from vermont clearly affirms that if congress congre ss alic chooses oses they have lave the power to require a man to have a dozen wives wives and to make this a condition 0 of exercising the suffrage or they may prescribe by law absolute celibacy to both men and find women in the territory and make this a condition of exercising tin the suffrage why not mr president neither the sinator se from vermont nor any other senator can deny with reason that if congress has tholow the power in its will and discretion to say that opinions on oil the subject of having two or three or more wives wives as a condition of suffrage rage is practicable and within its power that it has also of necessity by the th e same omnipotent discretion the right to say that a roan man shall not vote unless he lie has a dozen wives and tho the unlimited and unrestrained discretion of congress is the sole law and abd guide of its power there is a method foe for the exercise of reason and certain processes of thought which reach conclusion air mr president principles have some relation to facts and we arc are not left to mere in ere arbitrary assertion for of our opinions the law which the senator from vermont proposes to make rests on the proposition that congress has the right to give the people of the the right to vote or olt to withhold it to prescribe conditions and qualifications for the exercise of the right of suffrage rage in ill their discretion if this is true true then it results that they may impose any conditions they please let us sec if it is true can congress say by law that no manor man or woman shall have the ri lit to vote unless they are living in a state of polygamy with a dozen wives wives or 0 r husbands if not why the tile right to impose impo s e conditions on the suffrage in tho the territories is unlimited and subject only to the discretion of congress if there is no constitutional limitation on the power ower of congress then they may do 0 this or anything else they please but ia is there any foundation in principle for this idea that congress may exercises exercises power in the territories for purpose or by methods not authorized by the constitution can congress Con grees provide that men gr or women may to DO deprived of their lives liberty or property without a hearing and trial before tribunal can congress provide bylaw by law that men and women may be convicted on false and suborned sub orned testimony and without a trial by jury and if net why the reason is because of the tile very mani manifest test proposition that all the powers granted in the constitution wherever exercised and however exercised must be exercised subject lo 10 the limitations and for the pur poses prescribed and in the spirit of he the purposes of the constitution now what provision of the constitution is it that gives congress the power to require the men inen and women of a territory to live in a pola polygamous g condition if they do not choose to do so ti e proposition of the senator from vermont 0 nt and aid of this bill is that whenever a majority ef of congress see fit to do so they may pass a law aw requiring tile people of this country against their consciences to live in a state of polygamy oly gamy in the dif different territories that is the test of the proposition ion who would dare to pro pose ose such a law what provision in n the constitution or what part of its letter or its spirit is it which asserts that the collective will and intelligence telli tellio gence ence of the tile people of any state or locality as expressed by a majority not disqualified from ignorance or non residence or legal y or crime crime is is incapable of direct in ng or r controlling its affairs af faira goh what V at part of the constitution of he the united states is it that affirms the incapacity inca t of a majority of the people le of any locality whether state or territory to direct and control their own affairs afra irs there is no such power ewer and no such principle the government ment of the united states by the constitution ia a government of of stages with solo and adf exclusive power oscr over the domestic relations of their people and a national government erime ern ment it with power over their for eign affairs and the relations of the states t ates with each oilier other and their foreign clo n and an d interstate I 1 commerce bom merce sir mr logan will the senator allow me to make right there mr 1 call certainly I 1 will with a great I 1 reatheal reat deal of pleasure f mr fr logan I 1 hould should like more ly to make a suggestion in the line of the senators argument he says that if congress liaa power to do declare that shall not vote in utah because of biga bigamy illy Con congress grollo lias has also fit the power to declare that those only shall have a right to vote who ili have ve ten tell wives su suppose 0 0 congress dis franchises a man niall for murder and says lie llull not vote because he lie lias has committed murder will the reverse of that be true and does the senator hold that co congress n rem could pass ass a law providing that no man mail should uld vote unless lie committed ten murders mr call let the senator answer my argument that is no to answer if the con 0 f the united states has the tile absolute a t power to say that a man mail shall not vote nil unless em he commits murder it hai the power to say that hejhall he not vote unites he lie com commits mits ten tell murders if the power ower is ia absolute it is not governed ey by moral political or considerations nor by right nor wrong the suggestion of the senator from illinois does not deny or qualify the tile principles which I 1 have stated this is a matter of political principle under our civil polity and of argument and reason based thereon and not of prejudice or opinion or the moral or religious propriety of monogamy or marriage under our social system so ia I a air mr president it ia il a I malli manifest fest proposition that if the congress ot of the united states has unrestrained power to prescribe that polygamous relation sor having two or more wives and opinions on that subject shall d deprive a it man of the right to vote i it deprive t lias aas the tile right to prescribe that ho be shall have pol polygamous ga relations as a condition of political enfranchisement if it chooses air mr logan if the senator will allow roe me mr call certainly mr logan ho ile made some reference to ignorance I 1 do to not claim any greatness aness myself mr r call it does not matter what we claim mr logan I 1 shall not question tho the ability of flip tho senator but I 1 should like to put this proposition to him macall mr call neither of us are very great but we are talking now about propositions mr logan it is a proposition that I 1 haq wana to talk walkabout about the senator says tuat that we have got ane same right to pass a law requiring persons so ns to commit a crime crime as we have to pass pasi a law requiring them not to commit a crime I 1 should like him to show roc we what principle there is in tho the science of government in law or the principle upon which constitutions arc are based or any rule of civil conduct which will justify him in saying that any legislative department lias lifts a right to passa pass a larv law requiring people to commit crime crime I 1 should like lib him to show me upon what principle or theory any government or legislative body has that power given to it mr nir gall call the fee fro from m illinois is a very distinguished man very abl able e and forcible on manest I 1 1 beefs but I 1 knew when ho lie spoke that he had bad not understood and did not PP perceive e the true relations of thi this s question n and now I 1 will cn ens deavor to show him why we ave all ought to learn sometimes and even the roost most ignorant of us can call teach the most learned something in the reason why is th this is it is because th this is is 1 not a it question of morals not a question of the decalogue which says thou not murder it is a question of constitutional power it is a question whether the con congress ress of the united states has the 7 right to say you shall have two wives or three wives tives or only one wife because the constitution does not give the power and because your system of government 13 is that the states shall have the rig right to say whether a man mail shall have the right to havo have one or two or three wives and shall have the right to fay ay whether he lie shall or shall not commit murder as ai the condition or qualification for exercising the suffrage but the states and the federal government alike arc are prohibited prohibit pd from attaching the consequences of crime to a man ei either tile r by punishment or indirectly by depriving him of an nil immunity or privilege without a conviction therefore it is li that the difference between the moral and the political law constitutes the reason the moral law deals with the ri right ait and wrong in ill human conduct it prohibits ra one and commands the otar other the political law deals with powers of government and makes these powers cither either absolute or limited and does not restrain them from the moral low but by limitations limitation i powers themselves TO BE CONT INgEl |