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No. 106. Anti-Polygamy Act

March 22, 1882

IN his annual message of December 6, 1881, President Arthur called attention to the spread of Mormonism in the Territories, and repeated the recommendations of previous messages for more stringent legislation. A bill “in reference to bigamy, and for other purposes," was introduced in the Senate, December 12, 1881, by Edmunds of Vermont, and referred to the Committee on the Judiciary. January 24 the committee reported the bill with numerous amendments. The bill passed the Senate February 16 and the House March 13, the vote in the House being 199 to 42, 51 not voting.

REFERENCES. - Text in U.S. Statutes at Large, XXII, 30-32. For the proceedings see the House and Senate Journals, 47th Cong., Ist Sess., and the Cong. Record. On the constitutional bearings of the act see Murphy v. Ramsey, 114 U.S. Reports, 15; Cannon v. United States, 116 ibid., 55; Davis v. Beason, 133 ibid., 333.

An act to amend section fifty-three hundred and fifty-two of the Revised Statutes of the United States, in reference to bigamy, and for other purposes.

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Be it enacted That section fifty-three hundred and fiftytwo of the Revised Statutes of the United States 1 be, and the same is hereby, amended so as to read as follows, namely:

"Every person who has a husband or wife living who, in a Territory or other place over which the United States have exclusive jurisdiction, hereafter marries another, whether married or single, and any man who hereafter simultaneously, or on the same day, marries more than one woman, in a Territory or other place over which the United States have exclusive jurisdiction, is guilty of polygamy, and shall be punished by a fine of not more than five hundred dollars and by imprisonment for a term of not more than five years; but this section shall not extend to any person by reason of any former marriage whose husband or wife by such marriage shall have been absent for five successive years, and is not known to such person to be living, and is believed by such person to be dead, nor to any person by reason of any former marriage which shall have been dissolved by a valid decree of a

1 Section I of the act of July 1, 1862 [No. 21, ante].

competent court, nor to any person by reason of any former marriage which shall have been pronounced void by a valid decree of a competent court, on the ground of nullity of the marriage contract."

SEC. 2. That the foregoing provisions shall not affect the prosecution or punishment of any offense already committed against the section amended by the first section of this act.

SEC. 3. That if any male person, in a Territory or other place over which the United States have exclusive jurisdiction, hereafter cohabits with more than one woman, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than three hundred dollars, or by imprisonment for not more than six months, or by both said punishments, in the discretion of the court.

SEC. 4. That counts for any or all of the offenses named in sections one and three of this act may be joined in the same information or indictment.

SEC. 5. That in any prosecution for bigamy, polygamy, or unlawful cohabitation, under any statute of the United States, it shall be sufficient cause of challenge to any person drawn or summoned as a juryman or talesman, first, that he is or has been living in the practice of bigamy, polygamy, or unlawful cohabitation with more than one woman, or that he is or has been guilty of an offense punishable by either of the foregoing sections, or by section fifty-three hundred and fifty-two of the Revised Statutes of the United States, or the act of July first, eighteen hundred and sixty-two, entitled "An act to punish and prevent the practice of polygamy in the Territories of the United States and other places, and disapproving and annulling certain acts of the legislative assembly of the Territory of Utah," or, second, that he believes it right for a man to have more than one living and undivorced wife at the same time, or to live in the practice of cohabiting with more than one woman; and any person appearing or offered as a juror or talesman, and challenged on either of the foregoing grounds, may be questioned on his oath as to the existence of any such cause of challenge, and other evidence may be introduced bearing upon the question raised by such challenge;

But as to the first person challenged

and this question shall be tried by the court. ground of challenge before mentioned, the shall not be bound to answer if he shall say upon his oath that he declines on the ground that his answer may tend to criminate himself; and if he shall answer as to said first ground, his answer shall not be given in evidence in any criminal prosecution against him for any offense named in sections one or three of this act; but if he declines to answer on any ground, he shall be rejected as incompetent.

SEC. 6. That the President is hereby authorized to grant amnesty to such classes of offenders guilty of bigamy, polygamy, or unlawful cohabitation, before the passage of this act, on such conditions and under such limitations as he shall think proper; but no such amnesty shall have effect unless the conditions thereof shall be complied with.

SEC. 7. That the issue of bigamous or polygamous marriages, known as Mormon marriages, in cases in which such marriages have been solemnized according to the ceremonies of the Mormon sect, in any Territory of the United States, and such issue shall have been born before the first day of January, anno Domini eighteen hundred and eighty-three, are hereby legitimated.

SEC. 8. That no polygamist, bigamist, or any person cohabiting with more than one woman, and no woman cohabiting with any of the persons described as aforesaid in this section, in any Territory or other place over which the United States have exclusive jurisdiction, shall be entitled to vote at any election held in any such Territory or other place, or be eligible for election or appointment to or be entitled to hold any office or place of public trust, honor, or emolument in, under, or for any such Territory or place, or under the United States.

SEC. 9. That all the registration and election offices of every description in the Territory of Utah are hereby declared vacant, and each and every duty relating to the registration of voters, the conduct of elections, the receiving or rejection of votes, and the canvassing and returning of the same, and the issuing of certificates or other evidence of election in said Territory, shall, until

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other provision be made by the legislative assembly of said Territory as is hereinafter by this section provided, be performed under the existing laws of the United States and of said Territory by proper persons, who shall be appointed to execute such offices and perform such duties by a board of five persons, to be appointed by the President, by and with the advice and consent of the Senate, not more than three of whom shall be members of one political party; and a majority of whom shall be a quorum. The members of said board so appointed by the President shall each receive a salary at the rate of three thousand dollars per annum, and shall continue in office until the legislative assembly of said Territory shall make provision for filling said offices as herein authorized. The Secretary of the Territory shall be the secretary of said board, and keep a journal of its proceedings, and attest the action of said board under this section. The canvass and return of all the votes at elections in said Territory for members of the legislative assembly thereof shall also be returned to said board, which shall canvass all such returns and issue certificates of election to those persons who, being eligible for such election, shall appear to have been lawfully elected, which certificates shall be the only evidence of the right of such persons to sit in such assembly: Provided, That said board of five persons shall not exclude any person otherwise eligible to vote from the polls on account of any opinion such person may entertain on the subject of bigamy or polygamy nor shall they refuse to count any such vote on account of the opinion of the person casting it on the subject of bigamy or polygamy; but each house of such assembly, after its organization, shall have power to decide upon the elections and qualifications of its members. And at, or after the first meeting of said legislative assembly whose members shall have been elected and returned according to the provisions of this act, said legislative assembly may make such laws, conformable to the organic act of said Territory and not inconsistent with other laws of the United States, as it shall deem proper concerning the filling of the offices in said Territory declared vacant by this act. APPROVED, March 22, 1882.

No. 107. Act restricting Chinese Immigration

May 6, 1882

A BILL "to restrict the immigration of Chinese to the United States " was vetoed by President Hayes, March 1, 1879, principally on the ground of the interference of the proposed act with the Burlingame treaty of 1869. April 6, 1882, a bill "to execute certain treaty stipulations relating to Chinese" was introduced in the House by Campbell P. Berry of California, and referred to the Committee on Education and Labor, together with a bill "to regulate, limit, and suspend the immigration of Chinese laborers," introduced by Albert S. Willis of Kentucky. A substitute for the Berry bill was reported April 12, and on the 17th, by a vote of 202 to 37, 52 not voting, the rules were suspended and the bill passed. The Senate in committee added numerous amendments, among them amendments striking out sections 14 and 15, forbidding naturalization and defining "Chinese laborers": these last two amendments were non-concurred in by the Senate by votes of 26 to 32 and 20 to 25, respectively. On the 28th the bill passed the Senate. The amendments of the Senate were accepted by the House. The act was amended in numerous details by an act of July 5, 1884, and made to apply "to all subjects of China and Chinese, whether subjects of China or any other foreign power." A supplementary act of October 1, 1888, forbade the return of Chinese laborers who had left the United States. The acts of May 6, 1882, and July 5, 1884, were repealed by section 15 of the act of September 13, 1888 [No. 119].

REFERENCES. -Text in U.S. Statutes at Large, XXII, 58-61. For the proceedings see the House and Senate Journals, 47th Cong., 1st Sess., and the Cong. Record. The text of the House bill is in the Record, April 17; the Senate amendments are in ibid., April 25. The report accompanying the House bill is House Report 1017. On the general subject see, besides Hayes's veto message, Senate Report 689, 44th Cong., 2d Sess.; House Report 240 and Senate Misc. Doc. 36, 45th Cong., 2d Sess.; House Report 62, ibid., 3d Sess.; House Exec. Doc. 70 and House Report 572, 46th Cong., 2d Sess.

An act to execute certain treaty stipulations relating to Chinese. WHEREAS, in the opinion of the Government of the United States the coming of Chinese laborers to this country endangers the good order of certain localities within the territory thereof: Therefore,

Be it enacted.

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That from and after the expiration of ninety days next after the passage of this act, and until the expiration of

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