or prohibiting the free exercise thereof. The Territories of the United States are subject to the direct legislative authority of Congress; and hence the General Government is responsible for any violation of the Constitution in any of them. It is, therefore, a reproach to the Government that in the most populous of the Territories the constitutional guarantee is not enjoyed by the people, and the authority of Congress is set at naught. The Mormon Church not only offends the moral sense of manhood by sanctioning polygamy, but prevents the administration of justice through ordinary instrumentalities of law. In my judgment, it is the duty of Congress, while respecting to the uttermost the conscientious convictions and religious scruples of every citizen, to prohibit within its jurisdiction all criminal practices, especially of that class which destroy the family relations and endanger social order. Nor can any ecclesiastical organization be safely permitted to usurp in the smallest degree the functions and powers of the National Government.

The civil service can never be placed on a satisfactory basis until it is regulated by law. For the good of the service itself, for the protection of those who are entrusted with the appointing power against the waste of time and obstruction to the public business caused by the inordinate pressure for place, and for the protection of incumbents against intrigue and wrong, I shall, at the proper time, ask Congress to fix the tenure of the minor offices of the several Executive Departments, and prescribe the grounds upon which removals shall be made during the terms for which incumbents have been appointed.

Finally, acting always within the authority and limitations of the Constitution, invading neither the rights of the States nor the reserved rights of the people, it will be the purpose of my administration to maintain the authority of the Nation, and in all places within its jurisdiction to enforce obedience to all the laws of the Union in the interests of the people; to demand rigid economy in all the expenditures of the Government; and to require the honest and faithful service of all executive officers, remembering that the offices were created, not for the benefit of incumbents or their supporters, but for the service of the Government.

And now, fellow-citizens, I am about to assume the great trust which you have committed to my hands. I appeal to you for that earnest and thoughtful support which makes this Government in fact, as it as in law, a Government of the people.

I shall greatly rely upon the wisdom and patriotism of Congress and of those who may share with me the responsibilities and duties of administration. And above all, upon our efforts to promote the welfare of this great people and their Government, I reverently invoke the support and blessings of Almighty God.

Of Chester A. Arthur, September 22, 1881. For the fourth time in the history of the Republic, its Chief Magistrate has been removed by death. All hearts are filled with grief and hor

ror at the hideous crime which has darkened our land, and the memory of the murdered President, his protracted sufferings, his unyielding fortitude, the example and achievements of his life and the pathos of his death, will forever illumine the pages of our history.

For the fourth time, the officer elected by the people and ordained by the Constitution to fill a vacancy so created, is called to assume the Executive chair. The wisdom of our fathers, foreseeing even the most dire possibilities, made sure that the Government should never be imperilled because of the uncertainty of human life. Men may die, but the fabric of our free institutions remains unshaken. No higher or more assuring proof could exist of the strength and permanence of popular government than the fact that though the chosen of the people be struck down, his constitutional successor is peacefully installed without shock or strain except the sorrow which mourns the bereavement. All the noble aspirations of my lamented predecessor, which found expression in his life, the measures devised and' suggested during his brief Administration to correct abuses and enforce economy, to advance prosperity and promote the general welfare, to insure domestic security and maintain friendly and honorable relations with the nations of the earth, will be garnered in the hearts of the people, and it will be my earnest endeavor to profit and to see that the Nation shall profit by his example and experience. Prosperity blesses our country. Our fiscal policy is fixed by law, is well grounded and generally approved. threatening issue mars our foreign intercourse, and the wisdom, integrity and thrift of our people may be trusted to continue undisturbed the present assured career of peace, tranquillity and welfare. The gloom and anxiety which have enshrouded the country must make repose especially welcome now. No demand for speedy legislation has been heard, no adequate occasion is apparent for an unusual session of Congress. The Constitution defines the functions and powers of the Executive as clearly as those of either of the other two departments of the Government, and he must answer for the just exercise of the discretion it permits and the performance of the duties it imposes. Summoned to these high duties and responsibilities, and profoundly conscious of their magnitude and gravity, I assume the trust imposed by the Constitution, relying for aid on divine guidance and the virtue, patriotism and intelligence of the American people.

No

It

[President Garfield was shot by Charles J. Guiteau, in Washington City, at 9:20 a. m., July 2, 1881. He died at Elberon, N. J., at 10:35 p. m., September 19, 1881. President Arthur, on telegraphic announcement from the Cabinet of the death of President Garfield, and on their suggestion, took the oath of office at once. was administered at 2:15 a. m., September 20, 1881, in New York City, before Judge Brady, of the State Court. The oath was subsequently retaken in Washington City, before the Chief Justice of the Supreme Court, September 22, at 12 o'clock m.]

FORTY-SEVENTH CONGRESS, FIRST SESSION. IN SENATE.

1882, February 16-Pending this bill (S. 353) reported by Mr. EDMUNDS from the Committee on the Judiciary:

of the foregoing sections, or by section fiftythree 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 annull

Be it enacted, etc., That section fifty-three hundred and fifty-two of the Revised Statutes of the United States 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 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. The foregoing provision shall not affect the prosecution or punishment of any offense already committed against said section hereby amended.

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

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 questiened 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; and this question shall be tried by the court. But as to the first ground of challenge before mentioned, the person challenged 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, 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 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, all of whom shall not 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; 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.

Mr. BROWN moved to amend the last section, near the close of the first sentence, by striking out after the word "Senate" the words "all of whom," and inserting the words, “not more than three of whom," which was agreed toyeas 26, nays 16:

YEAS-Messrs. Bayard, Brown, Camden, Cockrell, Coke, DAVIS of Illinois, Davis of West Virginia, Farley, Garland, Gorman, Groome, Hampton, Harris, Jackson, Jonas, Jones of Florida, Lamar, Maxey, Pendleton, Pugh, Saulsbury, Vance, Vest, Voorhees, Walker, Williams-26.

NAYS-Messrs. Aldrich, Allison, Anthony, Blair, Conger, Dawes, Edmunds, Harrison, Hawley, Hill of Colorado, Hoar, Ingalls, Kellogg, McDill, McMillan, Miller of New York, Mitchell, Morrill, Plumb, Rollins, Saunders, Sawyer, Teller-16.

Mr. BROWN moved to insert after the word "assembly," where it last occurs in next to the last sentence of section 9, these words:

"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."

Which was agreed to without a division. Mr. SAULSBURY moved to add to section 8 these words:

"Provided, That this section shall not apply to any person now holding any office or position of public trust, honor, or emolument, whether by election or appointment, during the time for which he was elected or appointed."

Which was disagreed to-yeas 13, nays 42 (not voting 21):

YEAS-Messrs. Brown, Camden, Coke, Davis of West Virginia, Hampton, Jonas, Lamar, Pendleton, Saulsbury, Vance, Vest, Walker, Williams-13.

NAYS-Messrs. Aldrich, Allison, Anthony, Bayard, Blair, Butler, Cockrell, Conger, DAVIS of Illinois, Dawes, Edmunds, Farley, Garland, Gorman, Groome, Harris, Harrison, Hawley, Hill of Colorado, Hoar, Ingalls, Jackson, Jones of Florida, Kellogg, McDill, McMillan, Maxey, Miller of California, Miller of New York, Mitchell, Morrill, Platt, Plumb, Pugh, Rollins, Saunders, Sawyer, Sherman, Teller, Van Wyck, Voorhees, Windom-42.

The bill was then reported to the Senate.
The third section pending-

Mr. SAULSBURY moved to strike out after the

word " jurisdiction" the word "hereafter," and insert the words, "after the first day of July, 1883;" which was disagreed to-yeas 9, nays 42 (not voting 25):

YEAS-Messrs. Camden, Cockrell, Davis of West Virginia, Hampton, Jonas, Saulsbury, Vance, Vest, Walker-9.

NAYS-Messrs. Aldrich, Allison, Anthony, Bayard, Blair, Brown, Butler, Coke, Conger, DAVIS of Illinois, Dawes, Edmunds, Farley, Garland, Gorman, Groome, Harris, Harrison, Hawley, Hill of Colorado, Hoar, Jackson, Jones of Florida, Kellogg, McDill, McMillan, Maxey, Miller of California, Miller of New York, Mitchell, Morrill, Pendleton, Platt, Pugh, Rollins, Saunders, Sawyer, Sherman, Teller, Van Wyck, Voorhees, Windom-42.

Mr. MORGAN moved to amend the first clause of the section, so as to make it read:

"That if any male person in a Territory or other place over which the United States have exclusive jurisdiction hereafter cohabits with any woman other than his wife, he shall be deemed guilty of a misdemeanor."

Which was disagreed to-yeas 7, nays 44, (not voting 25):

YEAS-Messrs. Brown, Groome, Hampton, Harris, Jonas, Vance, Vest-7.

NAYS-Messrs. Aldrich, Allison, Anthony, Blair, Bayard, Butler, Camden, Coke, Conger, DAVIS of Illinois, Davis of West Virginia, Dawes, Edmunds, Farley, Garland, Gorman, Harrison, Hawley, Hill of Colorado, Hoar, Jackson, Jones of Florida, Kellogg, McDill, McMillan, Maxey, Miller of California, Miller of New York, Mitchell, Morrill, Pendleton, Platt, Plumb, Pugh, ·

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 officers 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 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 certificate 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.

IN HOUSE.

1882, March 13-The bill coming up on the Speaker's table

Mr. HASKELL demanded the previous question.

Mr. CONVERSE moved to refer it to the Committee on the Judiciary; which was disagreed to-yeas 73, nays 96:

YEAS- Messrs. Armfield, Atkins, Beach, Blount, Buchanan, Cabell, Caldwell, Carlisle, Chalmers, Chapman, Clardy, J. B. Clark, Cobb, Colerick, Converse, Cook, W. R. Cox, Cravens, L. H. Davis, Dibble, Dibrell, Evins, Finley, FULKERSON, Garrison, Geddes, Gunter, Hardenbergh, I. S. HASELTINE, Hatch, Herbert, G. W. Hewitt, Hoge, Holman, Hooker, House, Hutchins, G. W. JONES, J. K. Jones, Kenna, Ladd, Leedom, Le Fevre, Manning, Matson, McMillin, Mills, Money, Morrison, Moulton, Muldrow, MURCH, Mutchler, Randall, Reagan, E. W. Robertson, W. E. Robinson, Rosecrans, Shackelford, Simonton, Stockslager, Tillman, Tucker, H. G. Turner, O. Turner, Upson, Vance, R. Warner, Wellborn, T. Williams, Willis, Wilson, M. R. Wise-73.

NAYS-Messrs. W. Aldrich, Barr, Bayne, Briggs, Browne, BRUMM, Buck, J. C. Burrows, Butterworth, Calkins, Camp, Campbell, Candler, Cannon, Carpenter, Cassidy, Crapo, Cullen, G. R. Davis, Dawes, Deering, De Motte, Dunnell, Dwight, Errett, C. B. Farwell, S. S. Farwell, Fisher, George, Grout, Hall, J. Hammond, Haskell, Hawk, Henderson, Hepburn, J. Hill, Hiscock, Horr, Hubbs, Humphrey, Jacobs, Jadwin, Jorgensen, Kasson, Kelley, Lacey, Lewis, Lord, Marsh, Mason, McClure, McCoid, Miles, S. H. Miller, Moore, Morey, Norcross, O'Neill, Parker, Payson, Peelle, Peirce, Pound, Prescott, Ray, Reed, J. B. Rice, T. M. RICE, W. W. Rice, Rich, Ritchie, G. D. Robinson, J. S. Robinson, T. Ryan, Shallenberger, Shultz, Skinner, A. H. Smith, Spooner, G. W. Steele, E. B. Taylor, W. G. Thompson, A. Townsend, Tyler, J. T. Updegraff, Valentine, Van Aernam, Van Horn, Van Voorhis, Wadsworth, Wait, Washburn, J. D. White, C. G. Williams, Willits-96.

Several dilatory motions were made by Democratic members, after votes on which, by unanimous agreement, a recess was taken till the next morning at 11:30 o'clock.

March 14-By unanimous consent the House determined upon a course of proceedings for disposing of this bill.

Mr. MILLS moved to strike out the ninth sec

tion; which was disagreed to-yeas 88, nays