| Show THE CASE OF THE DELEGATE erom FROM UTAH WE have received the full report of the Commit committee tue tte on elections to whom was re referred erred the contest for the beat seat beatin in congress of the delegate from utah with the statements and opinions of dissenting members and the minority report signed by B S W moulton gibson atherton L H davis and 0 V W jones joness it makes a pamphlet of sixty six pages es much uch of it in small type mr cik rik calkins 3 the chairman gives his views in the majority report and thompson pettibone miller jacobs beitz Beltz beltzhoover hoover boover ranney banney and und atherton each explain at length their views in relation to the points under discussion namely first did mr cannon receive the highest number of legally cast votes for the office of delegate in congress gr cond mond second I 1 was wab he a citizen of the united states at that time or has he since become a citizen and did he possess the other necessary necea sary qualifications ficat lons ions to become a delegate in congress third was hen hea polygamist at the time of his election and if eo so ia is tuat a disqualification to the first and second points an affirmative answer backed by a strong array of facts and arguments ia Is given by every member of the com committee cittee but one wag G thompson stands alone in denying that mr cannon received the greatest number of legal votes and that he is a duly naturalized citizen of the united states his arguments are simply the enunciation of strained technicalities and to thoe familiar with the contest they bear bea r the un mistakable kable kabie brand and ear marks of the attorney for Mr Campbell campbeli being but a repetition of his sophisms sophi ins sms in hs his own style of special la 1 pleading it ia is clearly established es ta erbe I 1 s he d then by the committee on elections that george deorge Q cannon recel necel received veil veti 1568 votes for delegate and alien allen G campbell only 1357 votes and that in any event campbell was not elected that matter is settled so far as tile the committee are concerned the majority report as well as the tha minority declaring that mr campbell not having received a majority of the votes cast ia 13 not ent entitled 1 t 1 ed to the seat s this puts the governors nor not nors is act in granting to campbell the certificate just where this paper hag has pointed out from the beginning of the contest conte at the certificate was false faise and void in regard to mr Can cannons nona citizenship 8 h 1 p over nearly all of the controvert cont has arisen and indeed on which the whole indefensible transaction which denied him the certificate was basens based the decision in the majority report is as follows we therefore hold that mr cannon is a citizen of the united states and that he is not disqualified on the ground of alienage nil all from holding his seat sent as a delegate s the decision in the minority re port says the quei question tion of naturalization we think is settled fettled by the record and proof in the case beyond all doubt upon this question we adopt the conclusions of the con contestant tet tot mr cannon as a fair statement of the facts which are fully supported by the record and are in facton fact a substantial transcript of it wo think the judgment of naturalization and the certificate issued thereon is conclusive mr pettibone on this quest question ion ioD sum su maup s up suffice it to say that going over all the cases cited on either side and minting hunting the books which treat of the subject of naturalization 1 iam jam I ainson constrained to say that mr Cann cannons onla claim to have been naturalized seems to be reb rea adjudicates 11 that is a thing adjudged adjudge dl and therefore not open tore to re examina ta tion a settled 0 t U A maer matter th that at cannot b be ae legally va yd C called a 11 ad in question que stio n mr miller 1 e r I 1 in n his argame argument t on the case cue says at the I 1 concede that george Q cannon was at the date of the election in nove november aber 1880 F a naturalized citizen of the tho united states the certificate of naturalization exhibited by him la Is in due form purports to be issued by a court of competent I 1 and is signed and sealed by the court issuing it the adjudication of this question has bus never been opened or reversed by any judicial tribunal having baving constitutional and legal authority to open and reverse it mr jacobs endorses these cewa views in this th way i upon this question I 1 adopt the reasoning of tile the chairman and hold that thai the judgment of the naturalization cannot be attacked collaterally and in conclusion con strai strained ned as I 1 am by m my y views of the principles of construction to hold bold that george Q cannon was at the time of the election a citizen of the united states and received the greatest number of votes cast s mr beltzhoover in an elaborate opinion of the case declares 1 I have given the subject of mr cannons citizen citizenship chip hip c careful examination and have concluded that under thu tho decision of the supreme court of the United States in campbell vs gordon 6 cranch the L certificate of naturalization held by him is valid 11 mr ranney banney ina in lna a sech speech dell deli delivered ered before the rest of the com committee itice maintained there Is no substantial ground on which the claim that mr cannon was an alien and never naturalized according to law can be satisfactorily maintained That question was heard and fettled in the tho house in another anotoli e r contest long since and mr cannon has accordingly held a seat in the house as delegate fr from utah for four foun terms of congress imd and it is time for that part of the controversy to be forever put at rest especially ly as it Is now proved again conclusively by both record and parol evidence he has been shown to be possessed of all the qualifications prescribed by the constitution and laws of the united states as well as those of the territory mr atherton says on these questions a of the prima facie right and naturalization they have been fully considered and ably argued and the committee axce except pt a bix six single igie igle member unite clinite I 1 in a t he the opinion that mr air cannon was legally elected by a large majority a delegate from the territory of utah to the forty seventh congress that he be was and Is a naturalized citizen of the united states this matter then is set at rest hon george Q cannon aa as we ve have all along maintained is beyond question a citizen of the halted united B yates mates ate 1 and has been since the ath of december 1854 1851 all the statements to the contrary ar are e therefore false and all arguments based upon such statements fallacious and the statement allen ailen mt nt in the certificate given to alien alion G campbell that he was the person being a citizen of the united states who received the greatest number of votes was contrary to the facts fauts the law common justice and common sense and a EL flagrant violation of the sworn duty ot of the executive of the territory the only question on which there remained a difference of opinion among the committee was that of polygamy i as a disqualification for the office of delegate the dhe majority took the position that mr bir cannons Cannon 8 avowal that be he had married plural wives and had aa as a teacher or religion defended said tenet as a revelation from god s proved him disqualified for fon the office of delegate Da legate the mino wino minority rity took opposite ground no law however could be cited in support of this thib dib dip disqualification qualification the members of the thle committee committed who argued for tor it had to advance new views of the position of dele delegates g a te s from irom the territories and of the powers of the house bouse of tives in all their arguments it is plain to perceive a determination to float flout with the stream of present public opinion rather than take a stand upon law precedent or rule i they took the ground that delegates Delegat eq are in no sense member embers sor of congress that they are not constitutional officers that they only sit in the ruse muse house hoube by the grace of congress that therefore the house by a majority volo vole may mav exclude a delegate for any reason that as mr cannon lives in violation of a law of congress he can and should be declared ineligible to a beat seat in that body the minority show conclusively that these grounds are untenable they say eay icso bo far as our research has extended tended since the formation of the government we can find no case reported that makes any distinction between the qualifications of a member from a state and a delegate from the territory calf if the ilia constitutional standard is not adopted as to there ia Is no rule for the government of the house aa as to delegates s if a delegate Do legate from a territory is not a member by virtue of the constitution ution and laws then what rule or law do you app apply y to him Is it arbitrary will or caprice of the house at each bession session bes Ees slon sion they also cite the decision of the committee of the fonty forty con gress in the contest case of maxwell vs va cannon w who ho decided both in the tho majority and minority reports that the only qualifications required for a delegate were those required for a member of the eHouse th houdei and the rule was established that delegates from territories are entitled to the constitutional limitations as to qualifications and that polygamy was not a disqualification 11 II the minority report further says mr cannon the contestant here claims in good faith that polygamy is a religious conviction and principle wap with hi him m and his people and in this he h ise is entitled n titled to protection under the constitution the people be he represents have bavo elected him and are satisfied with him and this house should be con tent the sixth article of the Cons titu tion provides that no religious test shall ever to required as a qualification dorany for foe any or public trust under the united state states i it beems seems to us that the contestant is entitled to the above provision of the constitution as Us a protection he has bus been convicted of DO no crime and there is no law lav on the statute book that disqualifies him aa as a delegate oar conclusions aie are that cannon had a clear majority of the legal votes for delegate that he po the necessary qualifications under the constitution yon and laws that he is entitled to the sealand sea tand we recommend the following resolution for the consideration of the house resolved that george Q cannon was duly elected and returned as delegate from the territory of utah and is entitled to a seat as delegate in the forty seventh congress other members showed that mr cannon cannons a avowal of the practice of plural marriage did not admit that he had violated the law of 1862 and that it wils was not hot in evidence that he had broken any law 41 living in poly gamy not being an offense offence against the statute of 1862 this is the chepo po taken by this paper and it ia is legally impregnable it cannot be proven that mr cannon has committed any crime known to the law and in order to keep him from his hia seat some method must be adopted unknown to any present rule or law I 1 it t was waa with this object no doubt that the edmunds bill was pressed through the house without allowing free dis dia cassion or opportunity for amendment and ana even now the law must be mado made retroactive in order to meet the delegates delegate Is case if he be is excluded from his beat seat the action will be in violation of every established rule and of the basic principles of constitutional law and we blatter day saints have havo this consolation in all that is done against us that we cannot be reached by valid enact ments and the ordinary process of legal procedure but extraordinary and unprecedented laws and rulings have to be set in motion to bring us within the reach of those who dedire desire to afflict or destroy us and the syb eye tem tern which we advocate in all this we rejoice and can cheerfully leave the result in the hands of him who is over and above all men and all nations |
