The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1882-03-07

fourth section of the bill what do we
findp In defining the qualifications of
jurors who shall sit In cases of this kind,
we find that it shall be a cause of chal-
lenge that man sis now, or ever has
been living in the practice of bigamy or
polygamy, or unlawful cohabitation with
more than one woman, or that he is or
ever has been guilty of an offense pun
ished by either of the foregoing Sec
tions" of this bill. ais or ever has
been"
Mr.. President, your experience on ju-
dicial tribunals and in constituting and
observing laws is very great. Did you
ever know jury law which went back
to the whole course of mans life and
disqualified him for sitting upon jury
unless he would swear that he is moi
now, nor never has been guilty of any
ikof tae acts defined as crimes In the laws
He may have been bigamist; he may
have been polygamist; he may have
abandoned all those beliefs; he may
have abandoned all those practices; ht
may have, either by death or divorce OF
otherwise, been entirely freed from tn,
obligation which the marital relation!
imposed upon him, aud yet according
to this bill he is forever deprived Of tn,
right Of sitting upon a jury in thes'
cases. Where is the justice of that P
Where is the propriety of it2 You tax,
away the locus reritsntie; you deprive
him of the inducement to abandon tina
which you define as a crime; you say
that if he has abandoned what you Eav'
now for the first time defined to be ,
crime, or at least now do define to be I
crime, he shall not sit upon jury, Dc
YOU do that in relation to any othel
man7 A man goes into the ppnitentiary
after conviction of crime, and in some
States he is disqualified from sitting or
jury, but if he comes out upon par
don he is competent to sit upon the
Jury; but he would not be competent
under the provisions Of statute like
this. The pardon, while it NAV wash
away his sins so that he shall become as
white as snow, cannot override provis-
ion Of the statute that prescrbes that
be shall not thereafter sit on a Jury.
Now, sir, do not think this extreme.
lily important; am perfectly ready to
admit that, but do think it shows the
animus and spirit with which this bill is
pressed upon the Senate to-day, and in
that mean no reflection upon honors
BILE Senators who sit upon the Judiciary
Committee think it is the outgrowlh
of spirit which is abroad in the land
which means 10 stigmatize these people
as criminals, as outlaws, as beyond the
borders not only of civilization, but oi
the protection of the Constitution of the
| United States,
am not 10 be misunderstood. I viii
coincide with anv gentleman who en-
deavors to GO the fartbest, within prop
er limits, to crush out this crime of po.
| lygamv. l believe that the home Is the
fountain Of the purest civilization; thai
| it presents the safeguards by which so
icie,y is 10 he secured; that the swee,
! charities of corjugal and parental and
fliai love are those which guide and
guard our clviliz ,tion. / will do whal
l can properly to relieve all our people
from Influences so deleterious as he
lieve these p0fygamous marriages to be
| am now striving to perfect not 10 de
feat this bill. But, sir, I believe still
more that the great guards of persona
right. which the Consultation has provi.
ded, the great provisions securing tC
every man the enjoyment of life, liberty
and the pursuit of happiness; thit ht
shall not be punished, except after in
dic'ment and trial by jury and convic
ton. after being confronted with wit
nesses; l believe these are more inpor
tant to he preserved through all the age'
and under all conditions than that W,
shall crush out in day anv evil prac
tices prevailing in q neignborhood anc
community, however evil those practi
ces NAV be.
But find here, Mr.. President. in th
eighteenth line Of this section, tha
among the causes of challenge shall b.
the belief that man can rightfully shaw
more than one living and undivorcef
wife, or ''live in the practice of cnbab
iting with more than one woman" tina
is to say, if being married to woman
according to our homogeneous inslitu
tic ms, man deserts her, and lives will
a prostitute in daily cohabilation, HI
shall be proper jurymau to sit in case
of this kind; but if he believes ant
!. faithfully lives up to the doctrine Of pu
rity in his relations with the wives will
whom he has been married, he shall b
utterly incompetent. You pay premi
um upon vice which parades i,self a
vice throughout all the country, and yor
put probihtation upon that which pre-
tends to he virtue.
J, Mr.. HoAR / think, if the Senate
will pardon me-
u Mr.. PENpLETos. Certainly.
Mr.. HoAR He will see that this crit
} icism on the bill is hardly just one.
> Mr.. PENDLEroN. shall be very gla
2 to correct it if il is not true.
! Mr.. HoAR The Senator says this
the bill leaves nieti who are in the ope
, practice of immortality in the metho
3 The has described to sit upon a jury
The bill does not prevent the ordinar
! method OF filling up jury list whic
!. prevails everywhere, which secures th
e selection from the body of the comml
e nifty of men Of high character and stant
Y ing. 1t does not prevent the Territori'
8 law making the method or the Terrific
: rial marshal exercising bis discretion.
8 Mr.. PENDLEToN l understand ver
}, we'll, Mr.. President, that this bill dot
= not prevent the doing Of other thins
0 than that which 1t prescribes shall
e done; hut here you press this. bill au
q you undertake to define the causes
d challenge against jurors who are to 6
}, IN these particular cases; you prescri|
e Just this. that the professedly immor
and licentious may sit on the jury, b
!. the professedly viituous may not -
l. Mr. HoAR That is my precise cri
it cism on the Senator's statement, whi
he so courteously PERMITTED me to max
This bill does not undertake to def
l. the causes of challenge. leaving the c
n, dinary causes Of cba'lenge to be seitl
e in the ordinary manner. 1t simply ad
a this one. The bill does not sat That
man indicted for murder shall not ait
le the jnrv thGt tries him that is left to I
at ordinary ac,ioii Of tie law. So in
L. case the Senator refers TO.
q No prsnt Froy This dnSs mt n