The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-05-16
THE DEBATE.
CODt1BuatiOu1 of the Gam On
Campbell Contest in the
House.
Jacobs Argument.
Continued from Sundays Daily.

L
time of this House in the few minutes |
propose to take in this dicussion in con-
sidering those mstters which J. deem
incidental and collateral; but shall
proceed II what l have To say to the
consideration Of the legal and constilu
tionsl principles which it seems to me
ought to govern this House in the exer-
else of its sovereign and Independent
functions in deciding this question
Mr.. Speaker, the claim of the Territory
of Utsh TO be represented upon this ho"r
in the person of an avowed polygaml,t
involves considerations and conditions al
tog ether novel and peculiar. The trSmer.
Of the Constitution, and OF the law OF
1850 organizing this Territory, could not
in the L6ture of the case, anticipate ana
provide against the exis eAce of
an inherent and inVeterate vice In the
body-poli!ic of the political com
munity claiming representation. In
ell other cases the social ana
political structure OF the Territory
has been modelled in conformity with the
practice snd PRINCIPLES OF republics n
form of cove Dment. And now the
question is squsrely presented as to the
constitutional power and duty Of Congress
to refuse representation on tbs floor for
any purpose to political community
which is unrepublIcsn in every such
sense as would debsr its admission as u
state in the FeCersl Union.
Mr.. Speaker, more than twenty years
ago the Congress of the Unit'd States
saw an uncomfortable religious sect
planted on perhaps the most favored
of all our territories, and gathering by its
missionaries its devotees frosa every quar-
ter of the globe, until it has reached the
proportions of a formidable theocracy
pervaded and controlled by practices and
principles IFrepressibly at war with the
genius of our institutions and the policy
of free government
After thirty years of Intellectual discus
sion and legislation, after the baby has
become q giant and threatens the peace
IF The country, an aroused and alarmed
G, ngress has at last put on the psnOply
ofits power and declared its determine
ton to exterminste this inveterate evil.
A measure has passed both houses al
NEST unchallenged which denies TO the
citizens IF that Territory who practice
polygsmy the right to hold Office or par
ticipste in the government under which
they live, and that. too, without judicial
conviction or trial by jury.
The people Of no territory since the
foundation of he government have ever
had the elective franchise or the right OF
self-government except by the provisions
of the treaty by which it was acquired or
the grace of the national Congress; and
the people Of this Territory acquired none
of these rights by the treaty of Guadalupe
Hidalgo ia lS48; So that when the Forty
seventh Congress disfrsnchised the ruling
class and deprived them of the elective
franchise, 1t deprived them Ofno Inherent
or natural and no scquired right. No
more does it when for the same cause it
denies them admission to the Federal
Unien and their delegate admission to
a seat on the floor of this House.
The grasp ofthe Mormon Church upon
the people Of Utah has never been re-
Taxed. 10 no such sense has church
ever ruled state since the Lawgiver OF
Israel, through the tnunders of Sbai and
IN the name of Jehovah, led the 'chOsen
people" in the valley of the Jordan.
Mahomet poured his frantic armies
into every quarter of the, eastern world
and forced the nations at the point Of the
sword to acknowledge the prophet. But
he transmitted his empi e to the soldier
ard not to the priest. Whatever may be
said Of the influence Of the Church Of
Rome in the courts and councils OF Chris
tendon, the fact still remains that the
church has always been subordinate to
the civil and military power.
1t is reserved for the first republic of
the world, here in this citadel ofpersonal
liberty, with Constitution commanding
the lsw-making power by ''all needful
rules and regulations" TO see to it that
republican practices AMI principles pre-
vail upon every inch Of American soil
it is reserved to US 10 tolerate within our
borders an establishment Of religion tn at
not only enslaYes the conscience, en-
feebles and disarms the will, but.domin-
stes the civil power.
That the danger is such as justifes tbs
exercise OF this extraordinary power was
not seriously deEied. Aud still it is con-
tended that this House, by reason of
some legal fiction or other, is poWerless
to exclude from its floor the represent
alive of a political community which
Congress has asserted the power to dis
franchise.
To the question as to whether this in
congruity exists 1 invite your attention.
Upon the question ofpTlmG facie title
to the seat and the aliensge Of the
claimant, my views, IS expressed before
the committee, are briefly as follows:
Certificate of election issued to Allen G..
Campbell, delegate to the Forty
seventh Congress.
UNITED STATES OF AMERICA,
Territory of UIsh, Executive Office, as:
I, Eli II. Marray, governor OF the Ter
ritcry Of Utsh, do declare and certify
that at a regular election for delegate to
the Forty-seventh Congress. held in said
territory on the first Tuesday after the
first Monday If November. A. d. 1880,
returns whereof we're opened il my pres
ence By the secretary Of the territory,
Allen q. Campbell was the person, being
a citizen Of the United states, having the
greatest number of votes. and was there
fore duly elected as delegate from said
territory 10 said Congress, aud do give
this certificate accordii ely.
In testimony whereof | have hereunto
set my hand and eau ed the great sesl of
the territory to be affixed. Done at Salt
Lake City this Sth day of January, a.
D. 1881. ELI 81. MURRAY,
Governor.
By the Governor:
ARTHUR L. THOMAS,
Secretary of Utah Territory.