National Republican. (Washington City (D.C.)) 1872-1888, 1874-04-09
TIE UTAH CONTESTED ELEC-
TTON CASE


TIE UTAH CONTESTED ELEC-
TON CASE.
GEORGE r. MAXWELL VS.. APOSTLE
CANNON.
The arguments of Messrs Hawley and Riddle
in behalf of Gen. Maxwell were concluded on
Monday last, and as the points Of their srgu-
ments have not been given to the public II may
be interesting to briefly state them. Judge Hau-
ley made the opening argument, and occupied
three sessions of the committee. The following
is @ synopsis of the same:
l. The Constitution of the United States pro-
vides that the House Of Representatives 'shall be
the Judge Of the elections, returns and Qualfea-
lions of its own NE mbcrs." Under this provision
the House is the judge-the supreme judge-"oi
the elections, returns and qualifications" Being
the Judge to try and determine these facts 1t does
not require a jury to determine them before pro-
nounciag Its judgment. If a person is chsrged
with IneligibIlIty on the ground of being felou
the House Of Representatives becomes the proper
forum, without waiting for his conviction in g
court of law to try him. Such trial and convic-
tion is not, however, to visit upon him the statu-
tory penalty. This q court alone can do; but It
may and must determine whether he is entitled
or disqualified to hold his seat, and whether, by
reason Of his Infamous crime, no has lost his cli
zenship as we'll ss being otherwise disqualified to
take or hold his seat when properly charged for Q
contest of this kind. If he has obtained his seat
before being properly charged then he may be
expelled for his infsmy by q two-third vote Of
the House; but If charge is made of this kind as
basis Of contestng his seat is the fact in this
case, then q majority vote will Gust him, though
he may have taken his seat; and the House being
the Judge, as Aforesaid, In case OF this kind, its
decision Is nality. 1t is not bound by the deci-
sious of the courts, nor by its own presidents,
though It may and does consult them.
2. BY the act Of Congress of July l, 1862, bIgamy
or poIigamy IL made in all the Territories, grave
crime, q felony, punishable BY imprisonment In
the penitentIary and by fne.-tSec. Il, U. S.
Statutes at Large, page 5Ol.) 1t is no less Q
crime BY the common law, and by the civil law of
Spain. And the crime being infamous, by reason
of its corrupting tendencies, the House Of Repre-
sentativeE is required by public policy, If by no
higher motive, to eject q member or q delegate
from his seat when found by its own Judgment
guilty, and can and ought to purge the body from
the presence Of so great an offender.
At the last election in Utah Territory for Dele
gate to Congress Gen. Maxwell claims that he re-
ceived over 1--WE thousand votes, but, by and
through the fraud Of the judges of the election he
received credit for only sl2. He also claims that
Apostle Cannon, through q like fraud, received
over twenty thousand illegal votes, and that he,
at before and since then, was and is living with
four women, in one house, as his wives, and was
sealed" in marriage to the fifth wife. This evil
dence stands uncontradicted by evidence on his
part. It further shows that this apostle was at
the time Of the election, and is now, q member Of
the Mormon Endowment House, secret or
ganizat!on, where polygamous marriages are
performed, and where oaths are required and
taken, by which, under penalty of death, the mi
tiated are required to obey the Mormon priest
hood sin all things" and swear that they will
"syenge the blood Of Joseph Smith, tho prophet,
on his murderers, the Government Of the United
States" It further shows that among the duties
each member is 10 perform is the taking the
life Of those who disobey the priesthood, or who
become spostates from the Mormon Church. This
kind Of murder they baptiss "bIood atonement;"
and as savage and as inhuman and dsvillsh as It
is, It has been visited upon multitudes Of poor
victims.
8. This evidence further proves that under
the law, this Mormon apostle was ineligible to
the position Of Delegate to Congress; and, there
fore, his said election is void.
4. The proof having established the further fact
that at and before the time Of said election the
electors throughout the whole Territory had both
constructive and actual knowledge or notice Of
his said tneligibity, therefore all the votes cast
for him were and are void, and must be counted
out Of the polls This under the evidence elects
General Maxwell as the Delegate to Congress-
for he received the next highest vote and the only
legal votes cast at said election.
3. II there had not been notes to the electors
OF Apostle Csnnon's ineligibilIty, either actual
or constructive, then the law pronounces the
election void; for, in such case the voters would
not be chargeable with delinquencies, with q
fraudulent intent Of forcing an ineligible person
upon Congress; and had such q state of facts
existed, then it would be the duty Of Congress to
order Q new election.
Q. Had Apostle Cannon plead in justification OF
his polygamous practices his religious faith there
10, It would not relieve him from lis disability or
for Congress must have o moral
standard for its members and delegates He can |
no more be justified than can . horse-thief who |
pleads his religious faith in horse-stealing, or
The Suttses fthe Hindoos, should they settle in
Washington and attempt here to burn the living |
wife with the dead body of her husband on the |
ground Of their religious belief,
!. The evidence further shows that the Judges |
of the election throughout many Of the counties,
N violation Of the law, received the votes Of men
md women for Apostle Cannon who were not tax
payers, and who were not liable to pay taxes, and
refused to entertain challenges against such votes
hat they received the illegal votes Of women and
Toung girls Of foreign birth for this apostle who
we're not naturaliEed, on the ground that they |
lad become citizens BY virtue of being the poIyRs-
nous wives Of citizens, and refused 10 entertain
challenges to such votes; that they received many
hundreds Of other illegal votes for this apostle
nd refused TO allow challenges to be made
Igainst them; that they also received the Illegal
otes Of many hundreds Of men and women who
Tere residing on the Indian reservations on which
aid reservations they had Illegally opened cleo
on polls, all Of which said votes were cast and
ounted in the returns for Apostle Cannon, there
re all Of said votes so received for him were
'audulent and void, and tainted with fraud all
he votes cast for him, for there was, and is, no
az to determine the legal votes from the fraudu-
mt ones For these reasons all his votes must be
united out as fraudulent. This leaves all the
gal votes cast to General MAXWELL and BY ope-
Ition Of law secures his legal election.
It is manifest that 10 was the purpose Of the
Iormon priesthood in sending Apostle Cannon to
ongress as the Delegate from Utah, living a. he
shown To have been and to be with four women
one house as his wives, to force upon the people
tho United States recognition Of polygsmy %
national system, permissible By the laws and !
snius OF oar republic. II 1t 10 in this way to re-
i've the sanction Of the nation, then Il must not
ny bs tolerated but be protected % such. r
Tnis, said Judge Havley, Is the significance Of | n
us contest. 1t therefore becomes this committee r
ID the House Of Representatives to weigh and | d
'refully consider the grave questions submitted b
TINS case; and let their conclusions be such "a v
stand approved by the constituency Of the whole
lnon and as well BY the civilized and Christian
ed world. =