The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-05-04

Forthwith, and Forty-sixth Congresses
was suffered to be impaired By the pres
ence of this very man when that dignity
WAS ia the keeping Of msjorities of both
Whist particular injury was inflicted on
''the sovereignity of the nation" by Can
non during the time he held his seat In
those bodies have never seen any &C
count of; but Cannon is stiEmstized as a
"selfadmitted criminal violator of the
laws of Congress" l fail to find in the
record anything TO justify this charge. I
find O statement from Cannon to the eff
feet that he belongs to the Mormon
Church; that in accordance with the ten
cts of that church be had taken plural
wives. who live with him, and have done
so for mahy years, and have borne him
children. Now, pelygamy was not made
q crime. usr was !here any law 10 Utah
prohibiting it until the act of 1862 was
passed. and there is no evidence what
ever that Cannon has married q wife
since the passage Of that act. So far,
then. as. this record 6iscloses. and know
nothing of Oannon's marital relations
outside of the record, he is not selt-aG-
mitted vic lstor Of any law of Congress.
Mr.. Speaker, I once heard of az old
Judge who made it rule never to give a
reason for any judgment he rendered.
His theory was that if ne should happen
to decide case correctly, ne might give
a wrong reason for it and thus impair The
force of his opinion. commend the ex-
ample of the prudent ola judge 10 the
suthor of this report.
Another gentleman of the minority
TMr MillerJ also iodulges in separate
report. The utter contempt OF prece-
dents, opinions, and decisions displayed
by him compels admiration OF his cour-
age, whstever impression nay be left on
the mind as to his judgment. He seems
to move under an intensity Of excitement
and 6xedness of purpose that bears
down all opposition and defies sll legal
restraints. de evidently started on the
war-path to take the scalp Of polygamy
and to return to an admiring constituency
with this trophy dangling from his
wampum belt. l quote few lines from
his report as illustrative Of bis animated
snimus:
> Whenever this hydra
hesded monster of Injustice, ini-
guilty, and snti-republicanism shall
threaten the peace of this nation
it is quite time that Congress
should assert its prerogatives; should
trample down ancient precedents, if they
stand in its way; should disregard the
opinions ofany man, however reputable,
If they are quoted ever so persuasive, and
call halt on the enemy of free govern
ment. The exercise Of such power is not
the exercise of brute force" as some
have denOminated the majority action of
this committee, it is the exercise of tkat
right which is as inherent in Ivernment
as in citizens, the right of seif-defense,
of self preservation, the right and author
lty and duty Of governments to protect
their existence from all enemies, do
mestic as we'll as foreign. Iu doing this
you may run counter of q precedent or
decision or opinion that once was highly
esteemed; so much the worse for the pre-
cedent."
This red-hot sample OF judicial logic
ought certainly to commend this report
to every member of the House who seeks
by liz peTussl 10 reach the merits Of this
case. IquOte these extracts from these
reports as illustrative of the temper and
spirit which seem to have inspired the in
vesHgstion that conducted the majority
to the remarkable conclusion at which
they arrived.
The very ground on which the major
lty claim the right to exclude Cannon,
to wit, that it is q matter resting solely in
the discretion of the House, and that the
Senate and The Executive have no right
to assist in passing any law touching theI
qualifications Of delegate, was abaHd-
oned by them at the present session when
they voted for Senate bill which pro-
vlded that no pOlygsmist should have 8
seat In this body rs delegate from q
territory Of course according to the
doctrine laid down in the majority report
that section of the Enti-polygamy bill
passed at the present session, SO far as il
seeks to deal with the qualifications Of a
delegation, is null and void and not bind
ing on the House at all. The authors of
the majority report thus repudiate by
their votes on that bill the very ground
assumed in the report before it comes up
for action Ia the House. They ought not
to expect others to accept their position
when they themselves thus repudiate it
at the fret opportunity.
Mr.. Speaker, anxious as I am to sea
the csnceraus spot of polygsmy eradi-
Gated from the body polite l felt con-
strained to vote against the bill passed at
the present session. l cid not believe
that the bill would have the effect to
destroy polygamy in Utah, and it CEN
tanned provisions which could not in
dOrse. In some Of its features it was
more worthy of The barbarous and pros
criptive spirit which NAKED the legisls-
ton Of three or four centuries ago than
of the enlightened judgment and toler-
alton of the present in the land of writ
ten constitutions and human rights. III
it is determined. regardless OF all con-
arising from obedience to law,
respect for constitutions and human
rights, to crush out polygamy, let the
army be sent to Utah, and the mailed
hand OF military power exterminate it.
But let Us not pretend to give the Nor
mon the right of trial by Jury, and
then pack the jury on him to insure his
conviction.
To be continued