CHAPTER XXIV. — THE FIGHT AGAINST POLYGAMY—STATEHOOD
The first measure "to punish and prevent the practice of polygamy in the Territories of the United States" was introduced in the House of Representatives by Mr. Morrill of Vermont (Bill No. 7) at the first session of the 36th Congress, on February 15, 1860. It contained clauses annulling some of the acts of the territorial legislature of Utah, including the one incorporating the Church of Jesus Christ of Latter-Day Saints. This bill was reported by the Judiciary Committee on March 14, the committee declaring that "no argument was deemed necessary to prove that an act could be regarded as criminal which is so treated by the universal concurrence of the Christian and civilized world," and characterizing the church incorporation act as granting "such monstrous powers and arrogant assumptions as are at war with the genius of our government." The bill passed the House on April 5, by a vote of 149 to 60, was favorably reported to the Senate by Mr. Bayard from the Judiciary Committee on June 13, but did not pass that House.
Mr. Morrill introduced his bill by unanimous consent in the next Congress (on April 8, 1862), and it was passed by the House on April 28. Mr. Bayard, from the judiciary Committee, reported it back to the Senate on June 3 with amendments. He explained that the House Bill punished not only polygamous marriages, but cohabitation without marriage. The committee recommended limiting the punishment to bigamy—a fine not to exceed $500 and imprisonment for not more than five years. Another amendment limited the amount of real estate which a church corporation could hold in the territories to $50,000. The bill passed the Senate with the negative votes of only the two California senators, and the House accepted the amendments. Lincoln signed it.
Nothing practical was accomplished by this legislation, In 1867 George A. Smith and John Taylor, the presiding officers of the Utah legislature, petitioned Congress to repeal this act, setting forth as one reason that "the judiciary of this territory has not, up to the present time, tried any case under said law, though repeatedly urged to do so by those who have been anxious to test its constitutionality." The House Judiciary Committee reported that this was a practical request for the sanctioning of polygamy, and said: "Your committee has not been able to ascertain the reason why this law has not been enforced. The humiliating fact is, however, apparent that the law is at present practically a dead letter in the Territory of Utah, and that the gravest necessity exists for its enforcement; and, in the opinion of the committee, if it be through the fault or neglect of the judiciary of that territory that the laws are not enforced, the judges should be removed without delay; and that, if the failure to execute the law arises from other causes, it becomes the duty of the President of the United States to see that the law is faithfully executed."*
* House Report No. 27, 2nd Session, 39th Congress.
In June, 1866, Senator Benjamin Wade of Ohio obtained unanimous consent to introduce a bill enacting radical legislation concerning such marriages as were performed and sanctioned by the Mormon church, but it did not pass. Senator Cragin of New Hampshire soon introduced a similar bill, but it, too failed to become a law.
In 1869, in the first Congress that met under President Grant, Mr. Cullom of Illinois introduced in the House the bill aimed at polygamy that was designated by his name. This bill was the practical starting-point of the anti-polygamous legislation subsequently enacted, as over it was aroused the feeling—in its behalf in the East and against it in Utah—that resulted in practical legislation.
Delegate Hooper made the leading speech against it, summing up his objections as follows:—
"(1) That under our constitution we are entitled to be protected in the full and free enjoyment of our religious faith.