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Show S II ALL THE BORJIOSS HAVE JUSTICE I Id the house of representatives of eongresj, January 31, on the consideration con-sideration of the bill to further regulate the appellate jurisdiction of the supreme court of the United State3, Bingham, of Ohio, offered the following amendment : la section four, line nineteen, after the word "death," strike out these words "or to imprisonment in the penitentiary." pen-itentiary." Id the debate which ensued the following fol-lowing passed, as reported in the Congressional Con-gressional Globe of Feb. 1st: Mr. Butler, of Massachusetts Mr. Speaker, I was about saying that the gentleman from Ohio Mr. Bingham has made an argument in two forms, but bis great argument is to prejudice, and that prejudice is against the Mormons. Mor-mons. I may admit that the acts of the Mormons are bad, but they arc not wor.-e than murder. The gentleman gentle-man agrees that we may provide in case a man commits murder he shall have the right to be heard in bis defense de-fense before the supreme court on questions ques-tions of law; and if a man commits polygamy, I think he should have the same right. And 1 wish to set the gentleman from Ohio right on one point bo has made, as well as the house and the country, lie has cited the act of congress con-gress of 1S62 against polygamy. Now, I wish to say thero lias never been a prosecution under that act, nor even an indictment. Mr. Bingham I never said there was. Mr. Butler Then we are not interfering inter-fering with the enforcement of that act. Mr. Bingham But we may enforce en-force it. Mr, Ambler Let my colleague inform in-form us how it can be said, then, that that act has been defined, when there has been no movement to put it into execution ? Mr. Bingham Gentlemen need not undertake to determine the question of fact in the Territory whether there has been any endeavor to enforce the act of 1SG2; for it is notorious to the country that uatil last year the courts and all their officials there were under the control of tho dominant party in Utah. Mr. Butler Be it so as the gentleman gentle-man from Ohio has stated, that the courts of that Territory have been under un-der the control of the Mormon people. I do not know bow soon that people will get control of the courts in that Territory again. If I should happen to go down thero I wish to have a chanco, should I be accused there, to get a trial. I wish to get before the supreme court of the United States. I want every man tried and punished, pun-ished, but I wish him tried and punished pun-ished according to law. When a man "can get a judge of tho supreme court to say that the supreme court ought to hear the case, 1 wish him to have the privilege of having the case heard when it involves his personal liberty. I wish that right for every man in the United States. 1 wish the bouse to understand thia bill docs not allow an appeal in criminal cases as a right even, but rcriirr " ju:333 a premc court shall pass on the question whether thero is any question of law of sufficient importance to be tried before the supremo court before it can bo allowed al-lowed to be done. If no judge will pass on that, then thero is no writ of error. Suppose any errors in matter of law affecting liberty and life aro committed down in Utah for I am willing to take this matter by the boms what have the men of Utab dono that they should not be tried according to law? What great crime have they committed commit-ted that they should not enjoy the right to have tho highest court in their country pass on the Ical effect of what they have done V What have ihey done that they are to bo shut out of tho halls of juslieo with liberty and lire at stake ? Do you want peace down there ? I think the moment their cases are heard before the supreme court and decided there will be a universal submission to that decision. de-cision. They will feel then they have had justice and a fair administration of the law, that thev have had a fair bearing before the highest tribunal, and everything will be pacilicated, and everything calmed down, and quiet within the law restored down there. Nothing so stirs the passions of men as a sense ot injustice done. Nothing Noth-ing so stirs the feelings of men as to feel they arc to be interfered with improperly im-properly and without caue in what they deem their rights. Keeling that is their condition jou can easily see why every element of socieiy should bo stirred iu Utab. But let their cases, under the law of the United States, or of the Territories, if import ant principles are involved, be brougnt before the supreme court of the United States, and they will, as they ought, submit. Before men aro put in tho penitentiary, peniten-tiary, let their catcs in matters of law bo heard though we should require ten more judges to do the business. Why we arc in this position: cuardinc care fully tho right of appeal, just escaping the allowing of everybody in the District Dis-trict of Columbia to appeal upon any case of SOUt) when the house divided upon it the vote was pretty nearly equal and yet we arc discussing the question whether a man sent to State prison for life, wbo may have everything every-thing dear to him at stake, who would perhaps rather be hanged than have that punishment put upon him whether he shall or shall uot have this privilege of even a.'-king to have his case heard before the supreme court of the Uuited Slates. Let mo say to gentlemen that we have long enough put properly in the court before personal person-al rights and personal liberty. lam sure that the judges of the United State.-can State.-can protect themselves atrninst perilous questions under this bi'l. I spenk here in favor of ihe persoiu! liberties of men, of the right when a man's liberties have ben taken away by any inferior court of having t lie hiphc.-t eourt pass upon the important and doubtful questions involved, where he says there is involved a question ot l.i w of imp. riai.ee, and which the judge of the supreme court shall certify cer-tify to be a qdcstioQ ot importance. And I pray gentlemen of this house to let no prejudice interfere with th high rifht. 1 pray the attention of the lawy rs of the house to litis : does it n"t strike agaio.-t the first idea of justice that a man may be put in the penitentiary peniten-tiary by any three judicial mU.-ionaiies we chose to send i&to the Territories, without any power of having the supreme su-preme court paxs upon the question affecting himself in bis person and his liberty, involving infamous punishment punish-ment to himseit', and more unhappi-y to his wife and his children fir generations? gener-ations? 1 crave that niuh of" the hou.-Oj and I am obliged to ny lricnd ixoai California, (Mr. Sargent,) who |