Show A FREE COIISTITUTION Hon John L Chipman of Michigan Michi-gan os THE ADMISSION OF IDAHO He Points Oat the Danger of Hr i Proposed Organic Law The house havingundcr consideration consider-ation the bill I R KS21 provide for tee admission of the State of Idaho into the Union Mr ChIIlU saId f Speaker I agree entirely with the gentleman from Arizona plr Smith that It would have been better if nil four of the territories mentioned by him had been put into one bill and submitted t our consideration con-sideration I can see no nI never have since I have been in Congress seen any r nwhy either New Mexico or Arizona should not be admitted the dieter hooJ of SIt compared with the territory of Wyoming and with the territory Idaho they have all the elements which entitle them t admission If thereis ot 1 any objection objec-tion to Xew Mexico I is an objection objec-tion which applies to I In lOn 8 It would scorn with the territory of Idaho terrtr What has been urged against New Mexico I the character of her popu fpu latiuu If the I tle extraordinary provision vision concerning eulTrage in the sixth artidk of the Constitution now before us is justified by the facts i bows that there is an improperpop uUtion In Idjlio a population In I numbers e great as to lie I a menace t the prop > erity of the State a i > op pop ulutiou which the ulalon Whic upon hypothesis npn hyptll of this clause in the Constitution I hostile to our institutions and unfit to take part inthegovernmeut This thesernment pr I the argument that has Ixeii urged agaiuitNett Mexico I I the only argument which I have ever heard against t It and I norstanJ if I I am correctly informed asn barrier u aiiktaliili being reported to the I toRe for admission of that ter chary Bur tlr I would not upon any political ground oppose the cdmls ion of any Territory into Uie Union My political brethren will bear me wiitnrss that in the la t Congress I was an advocate for the admission of all the Territories and that in ourparty councils I asserted what I cow repeat that it I Imp ethIc t exact any pledge of rri fealty from aStato Iriorto Ita admission admis-sion not only iuipreiblc but wrong and unpatriotic in everyway i in which you con view jt I believe I chat i Is best best for the country to get rid of these Territorial governments gov-ernments and It I infinitely best for the people of a Territory themselves them-selves toiojoy the rights and privi lege of statehood Vet while I feel in this way I can not forget that the ono on-o the United States ImtxBts Unit Sbl > 1 upou us the duty of upn guarantying a rpub lican form of government to the States which constilutv the mem bers of the Union What Is or Union I a republican re-publican form of government old open a wide range of discussion discus-sion There arc republics and there > r republics republics which iu our dew utterly tall short of thetrue definition of a commonwealth of that nature And our own IVpult lie even in the estimation of many of the best thinker doc not contain con-tain that popular treedom which constitutes the ideal of a truly democratic demo-cratic ttte Hut I think I may say safely that no government Is republican in form whIch maXef oppressive distinctionsbetweenthe citizens of a Sbt A government which In I its In Itt It policy II Il constitutions and laws liliuguUhes oppressively against one class of citizens and in favor aiiather ail far short of the model which was ict before us as the true one of republican institutions This Is i especially trueof didncx lions which Impair iu any waya ropsr I eijoyrneat fthi elective franchise That franchise I the very breath of republican institutions institu-tions Manhood euffiage I the very body of liberty er TUB American people have adopted adopt-ed this as a faith and bJoJ wliere expressed in so many words In any of our cnstuton I thInk I am fully julfe In saying that It may l considered os n wet of natural right because it Is the only method which the world has yet discovered by which a full and per feet liberty may be maintained for the people The report of the majority on this blll eems to treat manhood cuflrage a a mere political right I un doubtedly I such a right but bears the same relation to rom as the right to pray and to preach lr l to the full exercise of the religion in I which we believe And Just no a as men are unjustly debarred from exercising It just r far are they de barred from a full enjoyment of celfeovcrnnient I admit Mr Speaker that there ought to If dbaMlUe to vote It is not wl e to permit every one to ex ercI ethU great Igbt I know ono o-no State In the Uulcu I can conceive con-ceive of no civilized States which would allow every ono t exercise It I certainly have no particular trII aI objection ta the disquallfleitlons prescril in section 3 of article 0 of this coaMitutiun proposed for the State of Iililio Almost all the States in tbo Union have dlobllitics this kind but in almost every one of tenrthry clearly deflnesT and not only are they clearly defined liut the uittliod asof rtaiulng them and of ap2 < I log them iu a Jumrr to the i erie of tho elective fran Clda Llli1lyWI This constitution pre cribc3 two clafes of IIsabilitlt > nud lurayjudg raentltpreMcribts twodlllereut ways of ascertaInIng whether a citl zeniasuIjecLlo Ulew First there e tlioM disabilities which cachec from nviitloa In court ofjustitr and thu ajrertalumrnt of SUCh u abilityKby the r nature of i the language inferred to the action I of a un making i de > eud < nt upon tho prior action of judicial tribunal as In lice case of persons under guardianship and persons convicted of certain eflecser ocs As t the second clafsuo method of rertalunitnt J pre crilul C nomine but the mate I plaiuly left t the discretion of the legislature legislat-ure and the election oQiccrs This clais embracts Idiots insane person per-son Jtreous In prisou every per i coo who I a blcainUt or plYmbt or is living Iu patriarchal spiritual or plural marriage need so ou Thee last claute of the provision FUppowd t refer to the Mormons embraces pvn > oii8 who are excluded because they belou < t uu organIzation which teacbmhnd audaUvIses that th Ian8 of the tAte prescribing ruliscfcivil conduct are not the supreme law in this second clasa I of aliilitles no reference Is made to convictions whatever There Is nothing in the Irdcntuton on that subject sub-ject Kvcrything left iu this Important Im-portant iu this mot precious matter mat-ter to the citizen to the will of the legislator The provision In regard to membership mem-bership ot organizations Which teach or advIse that the laws prescribing rules of civil conduit are not the supremo law of tic land Is ole very grave nature I do not say that It I intended to trench upon religion I ilo not say It I rncatitto interfere txtw een a man and hit God but I do ray that it has a broad latitude a latitude eo great that In times of po > ular lossluu I may embrace within iU toll mnj ana many an organization spiritual or temporal which today w u have no idea can bo eul jeet to it Wrong ideas grow I I not the prerogative of good ilono thrive Why Mr Speaker I is only a cot years ago that that qnrit and beneficent order the Mainlc body was atLiLkeil from one enJ of lieu country to tbcotheru being hostile to the freedom of Lieu country auJ N retting Ileelf above courts and aliovuthe laws theiiiscln The J another body a churxh reaerable with years noted for its learning for the great good It lisa tono In the world and for buttretelng civllizt Uon against paganism against which tills vcrv reproach I made A church which lute thu Masonic body denies ties truth of that reproach re-proach and denounces it as a calumny invented by its enemies And jet I can imagine and any lan on this floor can imagine lu times of high excitement cviecially 1 of high religious excitement excitement excite-ment the most uunasouable the most vindictive to which the human hu-man lulu tan L subject can imagine that In such times wen might Imo to frenzied by prejudice preju-dice and fear that even the very convent fires which were the shame of Boston may L rtIiglited and sttnriau hate ruleonen with savage power pwer Wuy even the Savior of mankind man-kind wasoccuseel setting up and teaching religion which claimed t b Unrrior to the state The histories his-tories of your race and the histories utah rtliglous a crowded with thumbtcrcws racks tcalTolds aim I the fIr In which men have been tortured or destroyed because accused ac-cused uf making this very claim men who we now coo in the clear te cer cairn light of history wero done t deatli unjustly as they were treated cruellymid barbarously while 11 v trig While error is multiform essence is tte same A ud it is only just to eayofthls Mormon Churih that I denies the imputation that it tsa8 t overturn over-turn tlie Low Shall I 0 honored with the cruss or mirtyrized at the btake Shall t adherentr Ieludeu though they un bo robbed of the hearing in the courts we give to every class ol criminal Shall their right ns citizens citi-zens bu deturmlniKl bj less salerno methods than jour rights and mine hal a mere election hoard have to ostracise to difraucliirc power OtrcJ dlmnchLe a citizen and their finding of the facts b conclusive on the courts This and may b done under the constitution andMrStruble MrStruble Is it within the recollection ollection of the gentleman that olelon 1 gntenml auy court In this land has ever held a to either of thC bodctics or t any except thu Mormon Church that U was a criminal 1 organization Mr Clilpraan Xo fIr I do not remember anything of that kind Out I do not see the pertinency the question Mr atruble IB not the gentleman aware that one court In Ltih and another in Idaho have held t that eGret as to the Mormon Church I Chipman Nov what else do you want to Rsk Ask your question ques-tion and tiien sit down Mr Slruble Am you not aware of such a 1ei lon having been rendered ren-dered by Judges of your OWI party Mr Chipman Party pry do I care for part Applause We JLIA rl 1 are discuxslug Lieu rights of the people We are olu slJg a grave question elemental right but the gentleman talks of party I Is i jnrty when you to to pension dienr I Is party when you essay to give any laws l thu i > eople It Is party when we mk to protect the unUilyof thufracclilM Applause I think nothing of party Aplbu5 nothing for iiarty iu this discussion I am making no attack on your nja party J oui making I CeO ahLlrk on iou and you will please fit down and let me gj on Mr Struble rose Mr Chipman Take yourreaf Hut let us go another step Mr J Speaker What leave the Ftp lonJ to do with the controversy which 1 pending here r the gentleman is no better lawyer than his queEtlon implies if he has no more idea of Lice force authority than liis quejtlon IlluilmUs t e very sorry for him indeed Laughter What I tarn contending I not that the curt have not decided It nor Hint polygamy is not 1 crime but pl gy crme that the constitution you Irlng here tilcncc the courts tbu tree refuge of all our rights and the only certain asylum a alusl oppression and corruption cor-ruption That h I my contention hut the gentleman answers me turl son > ewheru In the country somewhere eIoe I thw very thing boon b-oon done which I contend ought t b done under this instrument which you bring here and ask us t i or I cupposc thee answer will b that this fUrp tl of the constitution constitu-tion does not execute Itself that i cannot execute ItfClf Allhourh I am not entirely certiin how far tbit I true I am certain that in one sense it does execute iuclf In one curl sense I prohibits the recourse to tho It dncs tibet nol only by what I says but by what it does not Eay I provides in what case you shall go to the courts nndjit nukes provision I by which a person having a certain belief or pnn certain act shall without the intervention of a court disfranchised In the curt guardianship in the case of conviction convic-tion of crime otherprovislonsapply In those caws tha courts are In vuked but in the case of Insanity which is a condition of body and also in the aaa of Indians and Mongolians acd of tha Mormons It expressly strikes at the I Interpcel noep of the court I Lave looked at the provisions of this constitution in regard to the jurisdiction of the supreme court and In my judgment unless a r is passed very carefully guarded guard-ed the entire decision of the facts will rest or mar rest with ties boards of election officer and 8 ship the courts of > 1 real jurisdiction I believe the gentlemen ray this t3nnM will not be done But how do you know It will not be done How do know that the strng tide of passIon which engrafted uu this constitution B dangerous a provision will not In duce the people to loss laws to carry it out in the most revere and obnoxious cno ious meaner possible You cay It will not be done I say liberty thee rights of the citizens public ret demand that 0 shall confer no power give no opportunity t Inflict n ojipreKaiv rule upon the citizen Mr liaker Will the gentleman yield fore suggestIon In the shape of a ljUfelion pleasure Mr Chipman Vrfi Ir with great Mr Ilaker lias the gentleman overlooked the provision in the con titution which meets the point heIr makes Mr Chipman What I i Mr liaker That a person clalm Im a right t veto may jtirge himself him-self of this disqualification by taking the oath Mr Springer Winre Is II f r llr Maifur It is not In the con itutlon Mr linker The test oath Mr Chipman have not found It Mr Maurur Vou can answer It by saying that it is net In the constitution con-stitution sllUon Mr Chlpmau have not seen such a provision I havo Gb > ercd though I will state to the gentleman item New York Mr Baker in the majority report of the committee something 1 which they roll as a sweet morsel under their tongue and bearing about tho same relation and potency us authority to the matter at Lethe as Le-the question of the gentleman over there a short tlrnu bo but 10 which is cited by Lieu committee as conclusive In the case of a Mr Davis against a sheriff cult was brought in Idaho involving the legality le-gality of a test oath disclaiming connection con-nection with Mormouism and the Supremo Court held that lien oath was a leaper and a constitutional requirement I have no doubt of I no ono doubts II Hut how do we know that tho leg 1 islature of Idaho will prescribe < Alt a-lt oath ill this casu and f gIve an opportunity of urgatiou You say that they probably will I say that ther to Hut Is I they ought lut there no doubt that they will do1 There I none that it should L done but where b theauthorltythatcorupcljit Where I thu warrant the surety 1 Where is thu assurance that they will not leave this entire matter to the kind of men whom I will not undertake to characterizo here the men who may comjxno election board the eil VI f fl ll jioliticlans the huckstereof public pub-lic Iftl the Kt kin for the little offices offi-ces dee hangerton of great menthe men-the mon implements of base ambitious am-bitious the general doers ol dirty lfu work throughout the urn1 How do we know I Oik that I will not b left entirely t thtsc mel In vain I It to say it will not probably be left t them It miy be Iud > I-ud where there in I an opportunity for corruption where In the mad delirium and loose I morals of politic there f an opportunity for oppression oppres-sion y may be as sure that they will air promptly at that time hen they can do tho mot good or the rot harm that can b done as that the sun will rife or set Now 11 Speokir I am not an apologist for MormonUm hut It Is very cheap it is very easy to stand her and rail at I There If sir a demagogy of virtue just as there is a hyjwcriiy of religion Thovlrluo which is rformed vicariously is the sweetest iu the word to a great many people I know gentlemen whose sole virtue consists in condemning con-demning polygamy and who are sober only by trying to enact I law dfr r keep the poor soldier from get tiiiz his beer Laughter and applause ap-plause lieu world I lull of this kind or lints and t stand here where We havu no real potency over the subject sub-ject t where wo ares not called upon t > ctt stand hero and hurl epithets epi-thets atMormonlsm seems to me t b n very mon piece of business There Is no risk there is no bravery In this kind of talk thereon no votes t L lost I by It and to I I cheap and easy I condemn for mouton rout and branch I agree entirely with the framers of this constitution that persona guilty of I bigamy and polygamy and of the practices svt lorth in section 3 of article 6 of the Idaho constitution ought to be diclniiiclikcd Hut they > r human beings they arc American citizens and I contend for them and in their behalf tint they should have the right of all other citizens No one of them ought to lusu nis right t vote unless ha f duly convicted I contend for them and not for them alone but for all citizen Prot estantor Cnthollc I Jew or Gentile for the black and the white for every form of religion I or every fOrt of lolitical belief that their rights should bo judicially ascertained ascer-tained I know that in the State of Illinois statutes have lieen lossed or the first time in the history of this country making penal certain r lh expressions of fn That law may b the outgrow th ofagrentne vessity and be t well guarded theist no harm can be done to free speech and legitimate 1 inlltldl action but T tell you gentlemen here today that it it a dangerous road to enter upon It is the road followed by this constitution con-stitution and Is doubly dangerous because it Is organic law I know ties answer will be that by title route you seek to attain certain good But after all you Eet aprece iirat and all the evil I hay ever read of in history COlOrs from evil precedents bent to good uses Ills tile exigency of occasions which causes reason to be blind and desperate desper-ate courses to pursued It Is from high and holy purposes often Indeed In-deed forthe prcservntlonof state itself that an evil example IB set and rule established which ultimately baptizes the liberties of the HX > pIc In blood or drowns them In despotism Strike MormonUm If I you please strike It hard but glveltafair trial l Let lie cturta condemn it not irresponsible irre-sponsible election officers Let them condemn thee man whoso vote you seek to take from him upon some charge of crime proved by lawful evidence Let them solemnly by judgment and record dtterminc that ho falls within the law and hens committed nn offense which takes from him and ought to take from him the right of tho elective franchise fran-chise Wo cannot afford for the suppression Mormonism to Introduce Intro-duce into this country a precedent so dangerous We cannotaObrd to do thus clear off in Idaho even for heeL Is not so far away but that It i may ripen in mischief and be cited In courts and In Senates against the liberties of thee people I contend simply for the protection of the law through judgment of the courts on tho conduct of nil men Discrimination Dis-crimination made in the very teeth of denials Uiat the accused are subject sub-ject to them cannot fall to be most hurtful and must dangerous I would blot out MormonUm 1rT could N would not even to blot out Mormonism Mormon-ism takeonentep which might impair im-pair the freedom of the American people Applause on the democratic demo-cratic sldeJ |