Inter-Mountain Republican | 1907-02-19 | Page 7 | Speech of the Hon Philander C. Knox, of Pennsylvania in the Senate of the United States, February 14th, 1907.

h 4 ii- ii r SPEECH OF THE HON PHILANDER C C. C KNOX OF PENNSYLVANIA 1 B IN THE SENATE OF THE UNITED STATES FEBRUARY 1907 I. I i r r In i In Opposition to the Resolution Reported From the Committee on Privileges and Elections That Reed Smoot Is Not Entitled to a Seat as a Senator of the United States From the State of Utah t. t 4 v Mr Ir Knox said Mr Ir The Thc Territory of Utah r 1 admitted ud as u state hy by proclamatiOn t tiOn On t of oC the resident President on January Januar 4 1 p J- J SD Stat I I. I hG that territory hat hay hav- t M l-M h L by the option adoption of or Its Is constitution 1 rl 0 of November IS lS fully frilly piled corn with i f the term of the tho v enabling net act of oC Jul July it 16 ir ii S Stat tat tat- Ij I i 15 ff L- L IOn ThIs enabling act ct ll the thc 4 tSP terms upon which Utah J would be admitted Into the Union s COI Congress h by this act authorized thc the ji jl j admission of oC Utah on condition that tt Us Is convention Uon should t con C ghoul paws pans an 9 Irrevocable Irre without without tho consent of the thc United States and anti tho the people of oC said ald state tate pro providing First that perfect f toleration of or religious sentiment shall f l T I be he s secured curet and that no Inhabitant of ot s said ald all state stalo shall ever be molested In person or property on account of his or orV V h nor her r mode of or religious lous worship Pro Provid- t lol d That polygamous or plural marr mar mar- r I s are arc forever Core cr prohibited r J This wo was tie the agreement between tho the t people of oC the territory of Utah and r the United States the thc con condition upon 1 f tr l which for tor their mutual benefit the thc thet state was wai admitted t j 3 It I constitutes a a. compact t concerning tho the Mormon question In Utah The Tho Mormons Mormons Mormons Mor Mor- mons were vere to forever tore er prohibit the making maler male male- t. t r v Ing ot of plural marriages e. e Otherwise they Wi-ro Wi not to be disturbed about their f religion Fetters Petters on their minds were vero not sought hl to bo ho Imposed Tho ho t lon lion of or their existing families was not required Utah was admitted on 01 equal terms 1 L with wih the thc other states since by reason I i I of oC the Constitution It had hod to be be She I is Js entitled inter alia to representation l' l in tho senate If Ie an any valid ald condition was Imposed upon her it I was the thc irrevocable irre- irre re S ordinance providing for Cor perfect r toleration of rel religious sentiment and andY an prohibiting polygamous marriages I Y I Senator Smoot was regularly elected i to represent sent the thc equal state of Utah In tho senate The he senate Is now asked asket I v k i to t expel him and ant deprive c the thc state stale of or of oC Can It do doso doS one one Its Is votes arbitrarily I S so BO Certainly It has the power but d only as os congress conre 8 has power powel to refuseS refuse I. I nil all appropriations or the thc senate to ratify rati rati- rat rat- S fy ry all al treaties or confirm all ni appointees tees tees Utah has not the tue power to maintain maintainS S Its Us right to representation but this fact factS S adds to the necessity gly of ot the senate t and Judicially Judicial judicial- dispassionately proceeding J I S S ly when the thc right of oC a state Hute to Us Its Is senatorial sen sea S. S atonal choice Is challenged ed If I It were J otherwise the state would woul be nothing nothingS nothing S more than nominating powers and the thc senate would merel merely confirm or refuse refuseS S to confirm such nominations This Is IsS S not the proper office of tho Iho senate S But DUl should the thc senate ate expel Senator I S Smoot and why sen He lie should not be cx- cx ex ex- In the thc Mormon re ro re- re 5 polled for tOI believing ligion The irrevocable ordinance expressly ex ex- pressly antI and with wih in view guaranteed religious tol toleration In tueS the tue raton S tate state of oC Utah He lie Il should not be he expelled ex ex- S for being a n member or officer of or the thc Mormon church for 01 the thc same reason He lie should not be expelled for forthe forS forthe Il the tue vindication of or Utah's law violated S S h by certain Mormons continuing pol polygamous poly poly- gainous relations with wih Senator Smoots Smoot's lootS loot'S S consent or approval al supposing suppo ln ho did consent or approve for fOl Utah without with with- nut out being j ignorant of the facts elected I him and nd senate would not be Justified Justi just just- n tlC fled fied In going out of Its Js way to enforce for tO or the tue formerly expressed will of oC Utah embodied In Us its Jg law against d defeating It Us polygamous relations by is later hater expressed will wIl shown hown In Us its is electing elect elect- in jug ing Smoot 5 4 S ul For should he be expelled tand Utah bo be 10 deprived of ot a senatorial 1 II i l the tile violation Uon ot of l Federal Fed Poti- o g cl- cl eral ral Jaw S There here Therea l a II no lo Federal lal law against polygamous poly poly- relations applicable to lo Utah tiL Jamous now that Utah Is in a a state and when she was admitted to the Union ot or states state it U was wag known that there would an an 1 I could be none coull Why IY then I 1 repeat repeal should the tho senate expel Senator Smoot U Because first It I Is claimed he Is S ot or his friends that some sonic S wicked In this i having t cohabited with several women f before Utah became a state are arc coni continuing con- con i to do so until death an and that lo ft 47 v ho approves es of or them as officers of ot a n aSi Si i. i s 45 church Which does not not chastise them 1 f for fOI so doing anti and second because he und antI the Mormon church churchS is a Mormon S S to our f J S js J a n hierarchy disloyal SI lions whose will wil he Is bound boun bounto to obe obey 1 j f r. r Mr r. r President the thc Constitution pro- pro the thc Judge 5 shall be i the tho senate J. 5 5 videa nt f 1 i. i t that r. r nf f S- S its its a S S LU III un determine senate can the of oC A j- j majorIty whether or not a 3 senator possesses t. t also ah o provides S' S S them The Tho Constitution Con with thc the concurS concurrence concur- concur i that the tho senate m may S S renee rence of or two thirds expel a member f S I have hac Intentionally referred l to the thc action a against Senator Smoot j AS proposed expulsion acton I 1 Io do not think the thc senate senateS o S will wiil seriously consider Iller that an any ques ques- cont wil lion is Involved l except one ono of ot expulsion requiring lon a fi two thirds vote There Is no noS S question as aR to Senator Smoot poss possessing the thc qualifications prescribed b by theS the tho S Constitution and therefore wo we can not S deprive o him him of his ils sent b by a u u majority S vote lie Ito lc was wasat at t the te lime Ume of or his election elec elec- ri 30 of oC age and had been heen lion tion over years ars 3 lon of or the tue United Lulled citizen Unie nine I years a a. a a when elected was nn an In Inhabitant inS In- In Stat State und and S the only habituaL habitant of Utah These arc are S qualification In tho the S r to sa say sayto sayS say'S uon and it Is not In our pow power to ton the u states these arc Bre not enough h we w. w S 'S qualifications or to say i require other othel of or the thc Judgment not trust can U that we ce Cn andS and Tho selection of ot senators In itt the senators i S states insist t upon the right to S 5 wo we therefore S disapprove them theta for or au any reason roson This claim of ot right to disapprove Is S caim an rule of the to any subject not oven wen additional specifying r k S senate of or which the al states have notice noticeS lions lons' their senators ho of selecting the time nt t S lt absolute In each it la Is said to be S S I hut So case I as H It sall arises uncontrolled b by any auy canon cao or 0 theory whatever the tho trouble to ex- ex An Any ono one who takes takeN o cit tiLe the history of oC the clause claue the the of oC tS as to Cons uton that thal It was the re- re S must I contention The Tho suIt of a S the lie sole ole be I that the tut s should bi 7 that and cherS chor- chor S j o or of the qualifications n thes un In tiLe the S or of their With this to S senate was acceded must wih be 3 3 ll years or of ora I tion A senator United of oC the a age e nine years year a or of the tho state state States an to toS tte n. n SUbject S S 5 from S which ho is 18 hos eby by the Con Con- S S these TO LI LIS l stateS tat S. S s ar are ure e lef 5 S UJ to cho se their theirS ri right ht meled In TiLlS KIT their cJ provision pro of oC In ceanS coun- coun S U u on of oC Interest In- In tel And Rud at least a or of the and S terest l In the tho welfare state that 10 n By nam lating to the to protect Itself the enables by eXpel improper two thirds ote If the they I hug by n at offensive immor- immor guilty of crime e arc Impropriety guity gross rosS or of oC service t their because can reasons S I specifY these senate atc expelling a not ima lne th the le not falling within CaUSO for a S. S J r u ot of one would bo be raIse false to 0 the theS S Mr Ir I for forgetful of oC heV hel state or of my she has sus- sus US- US S and ul the relations development las and ard 5 Jl hIstory W to birth hirth ard the u to lo government If lf S defense of or the national i K Jo in voice protest I 1 tailed failed to lahu raise m 1 upon the hm an nn when she hc to the states s reserved and unreservedlY n un- un Constitution ortho or of S. S promPtlY prompt 0 reservedlY ratified the tho the United Staten Stales first t to lo take tako As Pennsylvania the tho i was Con fr m O 10 j I to Approve steps to bc the lie last site she involved In rights ot of In the invasion senatorial power to mId add this heron ot of oj 01 to 10 the J. J u s senators and kindred modern heresies of or constitutional construction The The- 11 perfection of oC human liberty under unel un un- der deI el law 1 will wil only bo be a attained unter tiLe the American Con Constitute 01 i when cad achor ach of or the thc dual so sovereignties within it Us Is sphere exerts ex Us Its is powers to the thc utmost utmost ut ut- ut most limits for or the public weal when whet the states an and the artificial bodies the they have created cease to ten deny ani re resist the rl rightful and aiti ant full ful of or the national power over o national affairs af aC- fairs when th there re are arc no attempts to te encroach upon the un reserved r powers of oC the thc states for the aggrandizement of oC national power when the thc people discriminate between wise wino policies poll poli pol- pol den cies designed ned to me met t the needs ces of oC modern nuLl and ml demagogic dern- dern dema golc assaults upon tb tho foundations oun of oC the thc republic for tor political or personal purposes when tho the 11 people plc shall not net Lc he L vexed b by unnecessary legislation Aslton about their dally daily daly affairs an anI 1 I condi condl conditions tons arc are undisturbed b by less s agi- agi tation agitations fomented It l by ince and Insincerity and misrepresenting misrepresent misrepresent- ing those Just jut and nn constitutional policies poll poli pol- pol cies cles of ot the time limo which had a i due beginning be be- ginning have a reason for fi their c exis existence tence nn and shall have a n due Iut ending when their work is 11 1 Mr MiS President I know no tenet tenet In the thc new tew propaganda of ot constitutional con- con that be begins to contain the thc danger er to our country countr Involved In In the thc contention that a senator of ot the Unite United I I stales sta tes ma may flay be deprived of or Jim his sea scat t whenever er the thc majority of oC the senate concludes that there thero arc are doctrines s taught or have been taught taught In the thc past by some ome church organization to which he belongs b longs which that majority believes to be le or have been danger danger- 0 ous US It I I Is an easy as step after the he first rt one Is taken tolen because of or a mans man's religion to take the thc next 1 logical 1 one of because of oC a mans man's politics and an then their because of or his attitude toward certain cr ta I a I legislation egi sia tb n Idea Identically t i cal I y the thc same ar argument can enn be bc made in support of oC the thc senates senate's power In nil all al these instances as Is now at advanced namely our duty iUt to guard guardant and nd protect tho the senate from front the thc contagion con con- ant of oC false doctrine I know of or no HO defect In the thc plain rule ruler af or r thc the Constitution for which I am ant con con- tending ending I know of or no case It I docs does no not reach cach I can not see sec that nn any danger lunger lungero to o the thc senate lies In the tue fact that an ar Improper character can not be expellee expelled without a n two thirds vote ote It I requires he the unanimous vote ote of a Jury to convict con a i L man accused of or crime It I should rc- rc and I hel believe eve that It I does docs reule rc- rc ule a two-thirds two vote to eject n n. senator sentor sen- sen tor ator from Crom his ILlS position of oC honor am and power lower ower to which he lie has been leen elected b bi by a i sovereign so state slate The Thc simple constitutional requirements requirements require require- ments meats of oC qualification do not In ilL any anyway co wa way Involve olve In the thc moral quality of theman the thc man thOy relate relate to facts outside the realm of ethical consideration and arc requirements of oC fact easily ensly established Properly enough therefore as os S no 10 Sectional sectional sec sec- tonal par partisan or oi religious feeling could coul attach Itself IRel to an issue as to whether or not not a man Is thirty years ears eal of or age had ha been a n citizen of oC the tho United States and 11 an nn Inhabitant of oC a state forthe for forthe forthe the periods prescribed tho the decision as aso asto asto to o their existence rests with wih a 1 majority of ot the tho th senate senate When however el a different differ cut ent elt issue Is Js raised dehors the tho lon lion upon allegations of oC unfitness challenging ton tho the moral character of a senator Involving In n a rc hw review of oC questions questions ques ques- considered and settled In the senators senator's son sen ator's tons favor or b 1 by the thc ant action acton of his Ills state In ri electing him then Lien the tue situation Is Ishol chang d and a different funa rune hol Uon 11 ls to he s lei calling for is its high high- hll- hll ost nt d delicacy i antl flud discretion In reviewing review review- i h InK ing the tho 1 action c ro of another sovereignty rc If l I 1 were n asked kea to state state concisely the true truo theory ot or the Constitution upon this important point I would woul unhesitatingly unhesitatingly sa say First That the Constitution tinder tinder- r- r takes lakes to prescribe no moral or 01 mental qualification and in iii respect to lo such qualifications ant as US It i loon does coes prescribe tho the senate lL 1 by a majority vote shall Judge each whether of or their existence In tn case the tho question Is raised before or after queston th th senator has taken his seat scat Second That as us to all al matters af- af r feeling a mans man's mons mon's moral or mental fitness fitness fit fit- Ct- Ct ness the i states arc are to be the thc jul Judges s In Inthe the thi first Instance subject however to the tho tu power of the senate to reverse their Judgment by a two-thirds two vote vole ote of expulsion expulsion ex ex- when an nn offense or an offensive status exten extends s into tho period perlo of senatorial sea sen ten ten- atonal service and such a n qu question ston can call only be ma made e after the thc senator