Show UTAH CO CONTESTED kESTED ELECTION CASE continued anid annd and A nid fid so soy mr wr speaker all alor alborg g down the ages the human human rate race has haa beon been ile lio on in arshal led lea in these di divisions asia with polygamy on the one hand after all its es and convulsions today to day the bame rigid unchangeable hofelt ho pelesa si empire of force aa as in the dawn of tile tife world europe and arn Ain america erlen erien with monogamy on the other through tho the ennobling influence of the christian home and the devotion to country it engenders mounting i th through ro u gh cent cen diries unea of persecution t ion lon and anil slaught erand loss losa of ali all thing things ta to the tb po possession wesdon of personal po liberty and abil con government god gods in the he maren marcu othis of ahia empire has thun thuu thundered aeki his warning and planted hi rin crosa cross in the eky and if you will but listen lieten reverently to tsueo vol voi ca of ot ithe fhe ages dge hyou ayou rou vou will retrace overs every backward step take up your you r unused powers and proclaim to all the people that in tb tho judgment of this house it is needful yea imperative to theados the adoption and practice by this embryo republican principles that so long as this church chuich rules this state and inspires its thought and dictates its action BO so long as its accredited ambassador comes to us in the person of an avowed polygamist a confessed vio lathrof lato tho law jaw of congress oon gress grebs BO so long will this house refuse the territory admission to the federal union and its ageno agent admission to this thia floor I 1 yield twenty minutes of my time to the gentleman from tennessee mr Ret ket pettibone a member of the committee on kiec Klec Y tlona tiona mr ret Pet pettibone libone mr speaker I 1 hap happen pento to be a member of the com coin mi tree on election a of this house Wit hother gentle gentie gentlemen nien I 1 haye have prepared my views on this we case and presented dented them to this house and they have been printed on ion yest yeat yesterday erday my colleague colle aguel from tennessee amr mr house chose to designate the tho the language which J had used in the conclusion of my report I 1 will read what he said as the text of what I 1 am about abou t tobay to baj bay several members of the thie committee oa on elections ot of the majority side havo layered lamed the house with written reports undertaking to set forth their neason reason reasons fon roc denying cannon his seat sest these reports teem to be characterized more mone byu feeling of passion nand and indignation than by that calm judicial tone which should pervade buch such opinions to this house lor for their guidance eui eul dance dancs my colleague abir mr pettibone in the conclusion or of tho tha report which be he submits uses use uso this extraordinary language dnn ton guage ai my hy voice and vote then la Is ton tor a resola tion tiou denying to a george eorge Q cannon a seat as a de delegate legate from utah because it Is in gross vl ot of the tha dignity ot of the tho house and would be on ins uit alt to the sovereignty of the tho nation to 10 admit a seif self admitted criminal violator of tho the laws ot of congress to a seat la in tho iho body otwe 11 that statement of mine ig Is challenged leng ieng edby by my colleague from tennessee nes seef he informed us yesterday that Mr cannon canedi was ivas 1 a deil dell delegate ate ote and antl had a 6 heat hert thlu floor in the forty fourth forty fifth fifth and for eor congresses and that when tha theU estfon estion way was pre presented seated to those congresses it was determined b by y and hud eich each time mr cannon received hial heat keat and the fact th that at he ira isa is a confessed polygamist isE is denied emphatically by my colleague from tenn Tinn tennessee essee 1 I 1 filinow will now turn turri to the record in the forty fourth congress to the answer which mr cannon filed in reply the charges made against him I 1 find among other thing things a the following by mr cannon idony that I 1 am now cow living with four louz wives wises then ten comes a comma commac add then another sta statement lement or that I 1 am ain allying ar cohabiting with any wires la in det defiance lanee lance or wilful violation 0 of the law of congress of entitled an act to prohibit pol polygamy hi ja tho the te territories 1 there were two things denied by mr cannon the first that he de died was waa that he was then living with four wives the charge of polygamy against him he explicitly emphatically and clearly denies that is assigned signed by geprge Q cannon himself now I 1 beg this house to recollect that the act forbidding polygamy in the territories was passed in 1862 george Q cannon himself being the witness 9 kasnot was wag bot not guilty of polygamy in 1871 what does doea he bay eay now in tho the trial of this case before tho committee on elections of this house when his attention was challenged to this very matter with the counsel both sides aides pro present sent with the contestants upon both sides aides present my co colleague gue on the tho committee the gentleman en 0 an from pennsylvania Sy liania mi tz hoover houver I 1 called the attention of the committee and of counsel to the matter and in the presence cannon it was vas admitted that what I 1 bhail shall now read md was in his handwriting and it was a pait putt of the te testimony Almony submitted to the tho let ua us ste see what it is it in the watten matter ot of george Q cannon contest of alien allen G campbells right night to a seat scat in the house of bf representatives of the fort farny forty y seventh congress of 0 the U united nd states ea as Do legato from the territory of utah ta 1 I goergo Q cannon on contestant recollect Ee collect mr speaker that he was the contestant in this case ebeor r IQ cannon contestant protesting t that hat tho the matter la this paper contained cont coni alced la is not relevant bathe ta the tha issue do admit that bat I 1 am a member of tho iho church of jesus christ of latter day saints swats commonly called bl cormons mormons Mor mony mons viat in with tho tenets of said chivrell church I 1 have havo taken plural wives who now livo lil lilo 0 with 0 mo o and havo bao hao so lived me for a number ol 01 sean years and borno borho ido irio children I 1 WE in my public address addresses 03 a teacher of my religion in utah territory I 1 have hava de defended tended bald eald tenet of said raid church as wink wing 0 in my dolies a revelation dom vom G od ol Q CANNON now kow we find mr cannon in denying that he had bad then violate viol alea aleu the statute of 1862 when his case wbk contested in the tho forty porty fourth congress by mr maxwell he now admits that be has taken plural wives vives that he lives ilves with them and hey they with him and that they have bome yome lome him children it was in view of these facts in view of the fact that in the forty fourth Con grese he denied that he had violated the law that was passed twelve welve years before I 1 say it was in inflow clew view of this and in view of his soleman case trials trial now up for final adjudication I 1 that thit he was living in polygamy that I 1 bald eaid he was a heio beio confessed violator of the laws of congress I 1 repeat here hero and now that he either is a self confessed violator 0 f the laws lawr of congress or words in the english language have no meaning now what is bigamy I 1 turn to louviers Bou viens viers law dictionary I 1 find there that bigamy that ia Is the crime that is what ia Is designated in the law polygamy la Is a generic term terin bigamy Is athe the legal term now now new what Is binemy the wilful contracting of a second e when the contract contracting ing party knows thai thau the ghe first is already I 1 ask aak mio pie attention of this house now to this definition for it goes to the roo tand to the very meat of the matter the state of a man who has two wives sor son or of ota ofa n has his two husbands living at tho the bame gamo time mr cannon says baya that that was not his condition in 1874 but be he now admits solemnly that it Is his present condition the law was passed in 1862 1869 and punishes the crime with fine and imprisonment what Is bigamy at common law rask lask attention the of every lawyer here to this in england this crime is punished by the statute of james first clip chapter pter lit 1 as a felony when did james first come to the throne history tells us in the year yean 1603 that was four years before the first whits white man set foot upon the coil of virginia and under we the campion law of england in the colonies of england Englan jd jn in the united states at i common law bigamy has been a fo felony ever since 1603 this man george Q cannon admits that he hes Is a bigamist and polygamist gai gay solemnly admits he has plural wives now living with him and he Is therefore a self seif confessed felon using tho the language of the common law a self confessed violator of the laws of congress now then mr chairman I 1 grant if mr cannon or a delegate from any territory was a member of this house I 1 grant for I 1 c can ean an read the constitution of my country that only three conditions are laid down only three qualification can be considered what are arc they seven years a citizen of fhe iho united states five years of age and an inhabitant of the state from which he comes Is this thin man a member of this house I 1 concede to the fullest extent that if he is ls a member or if any delegate from any territory can be considered as a member of congress upon this floor then in fit the language of the constitution of my country I 1 say eay we must admit mr cannon I 1 make no subterfuge a 1 quibble not as to the law but mr speaker what says sass the constitution on this subject that fundamental law which we are sworn to support it is thie this the home house of representatives shall shail ba be com posed of bembera mem laera chosen every second 3 car by the tha people ol 01 tho the several matoo states this is what your house ia is composed of now there is an old oid law maxim which I 1 learned aa a law student and which I 1 have never heard denied by any lawyer tant the expression of one Is the exclusion cluston of the tho other my colleague mr mr house Home spoke yesterday of the delegate from a territory as being a member it slipped aiso alao from the mouth of 01 my friend from texas mr Jo jones conesa nesa neba a good lawyer as I 1 am glad to acknowledge treat him aa as a mem mera ber her and then undoubtedly gen gealla tie tle men you have the tho argument but I 1 daro dare you yon in the tho face ol 01 the oath you have taken I 1 daro you in the face of the constitution of the country to my eay he is a member of this house I 1 know it is ehy easy to nning fling epithets around here I 1 know it is easy earv to say bay I 1 am beside myself bur but mr speaker there was a man and do democrats moe moc rats probably yow you know his ri name me he went under tak name mime of J james ames madison while in iho the flesh and was known aa as tho the father of the tile constitution well in tho first case that ever came to this con gres the case of mr white who represented ca na a delegate the people represented ca na a delegate the people 0 the southwest territory the question was determined once onca for tor or all as to his status mr madison what do you say I 1 am taken inken back buds to 0 the year 1794 1791 and I 1 seem to bee sec the he venerable form of the fa father theror therol ot the he constitution rising and teaching democracy em to you gentlemen on the other ither side of this house let lot me read mr madtson madison baia saia that 1 la new cases there sten lien arose a difficulty in applying old names to 0 new now things the proper designation of mr white is to be t found in the laws and rules of the bo cc constitution no H he e Is not a member ot of con oon contreas egress greas there theredore therefore foret and so cannot be directed to tako take an oath unless he chooses uto ito take it voluntarily bo so much for james jamen madison now it may be well that 1 I mr speaker in my youth and juven essence may not be right but I 1 find myself in eminently respectable comp company anys and I 1 bay in regard to this matter as byron said taid in his english bards and scotch deview review ers when it was said by the poet laureate ao hewak was not altogether cor car better to orr crr with pope than shile shine with pye pie and better for me mr air Speak speaker or to err with james madison than shine with ith my friend from tennessee mr house an eminently respectable representative of modem damoc racy what power have we over this subject I 1 have before me a citation from chief justice marshall I 1 am aware he be did not know much law but as he happens to be on my bide side I 1 will quote him commenting on the provision of the constitution that congress cong cons resa shii have hare powe power to dispose of and make all needful rules and aud regulations respecting the tha territory Terrt tory or other property of the United states judge marshall in the american insurance company VB conter 1 peters de clarest declares 9 I 1 in legislating for the territories congress exer eis els es the combined powers of the general and of state government Is that trae true or false I 1 believe marb Mare marshall liall was correct but I 1 go further I 1 have in my law library libraty a book boob entitled coole cooie cooley y on C constitutional ons tito tita limitations and I 1 find this thia among ather things sabe the people of a cry crr except ns as congress shall provide are not of right entitled to participate ta in political authority until the territory cry ory becomes a state I 1 commend this to my friend fiend from texas what then I 1 have shown you vou passed a law in jn 1862 1802 making bigamy or polygamy in any territory a crime a felony I 1 bay eay next that george Q cannon solemnly denied in 1874 and ana I 1 have looked in vain through the record for evidence to contradict him solemnly denies that ho he was a polygamist in 1874 1 I find in big own handwriting in this cace scare he confes confesses Ees eeb now that he is a mist and here he stands aseff confessed conr conf eseed criminal violator of the law a felon if we may believe his own words out of his hia own mouth and anci demands as a right the rights of other mem members berss not delegates not envoys not agents from a territory not yet admitted into the union unton but the sanao same rights of every member of congress upon this fior flor floor as they are laid down and written with an iron pen in the constitution of your and my country furthermore ther more mr speaker that being so no I 1 ave have held t hat that it Is beneat beneath th the a di dignity lity of th this is U hoube house 0 oie ae 0 to admit up upon on this thia floor ildon this self seif confessed felon feloni but I 1 have another word to say and I 1 challenge the attention of the members of this rouse house to the wording of the constitution why wu was it that in makin making g the constitution on our r fathers bald said that no qualification fica flea shall be demanded bavo savo the qualifications of age inhabitancy and citizenship here the hammer fell I 1 the speaker the gent gentleman lemnus time has bus expired mr pettibone I 1 should like to have bave a few minutes longer nger f 11 mr jones of texas texas texes I 1 have ten minutes whip tes of my time remaining und and will yield five live minutes to the gentleman from tennessee mr Pet bet bone cone thank you sir I 1 aay why was it in making the constitution ution on our out fathers established no qualifications eave those of 0 f age adein inhabitancy and citizenship does not every lawyer here know that when the constitution was adopted in 1789 that bigamy |