The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-04-30

mitted either to suffrage or citizenship.
/, at me read that law. 1t ia the act Of
February II 1870, section 43, chapter 2
and reads ss follows:
UThat every women of the age of
twenty -one years who has resided in the
Territory six months next preceding
any general election, born or natural
lied in the United States, or who is a
wife or daughter of q natiVe-born or
nsturalized citizen of the United States,
shall be entitled to vote at any election
ia this Territory"
Now, under this law two-thirds. it is
admitted and the evidence clearly shows
#. of the votes cast at that time were cast
hv nersons who had been made electors
under and by virtue of the territorial law
of TJtsh, and that alone. It is a terri
torjsl law as I have already said in vic
lation of the laws of Congress and of the
Constitution Il the United States. 1t at.
tempts to establish basis in the territory
nf Utah as to the rights Of citizenship.
1t cor fsrs the right of suffrage
not only upon class not entitled to the
right of suffrage under the laws of the
United States but it attempts to establish
in the Territory of Utah that they shall
take their naturalization by incubation,
and not by the action of courts as pre-
scribed IN the laws. insist that when
ever YOU come to this, ~hes you have
taken the matter out of the hands Of the
courts and put it into the hands Of every
man who has more wives than one to de-
termine, aud the more wives he can take
and the more nsturalized citizens he can
thereby bring to the polls the more dem
ocrstic votes you are sure to get in the
Territory Of Utah, That is the very way
to get them. You have taken the power
to naturalize citizens from the c0urts and
have put it into the hands of this lustful
| set of men who have more than one wife,
the majority Of them, and who would
not be satisfied if they had fifty just about
the day of election. These fraudulent
votes claim to control the election. The
contestee has been denied the right Of
proving their illegality.
x Now, sir, this is the question, say,
that is presented here In this case Of Mr.:
| Campbell. He challenged investigation
| of the question, and l say that he has had
no opportunity of preseting the facts, the
true facts 10 his case, because you have
positively denied him the right to do go.
How many votes his opponent received
that were unlawful and illegal there has
been no opportunity OF showing. It could
only be determined by an inVestigs-
! ton into the facts, and you
have avoided it and have pre-
vented Mr.. Campbell from securing an
investigation to establish the facts. And
it stands to-day exactly in this position
that Mr.. Campbell asserts one thing
which is denied upon the other hand.
Will it be denied that Mr.. Campbell was
| in a position where he could take no
| evidence until he was notified by the
other party to proceed with it? 1t was his
light, it was his duty to wait until Mr..
Cannon had gone on and taken his tes-
timony, and notified him, go that he
could be present TO hear it and cross
examine the witnesses, and repeat that
from that time to the present there has
been no scintills of evidence taken to
estsbli.h the right of Mr. Campbell and
10 opportunity given him to present that
evidence before this Congress that would
subst antiate his claim, and l defy any
man on this floor or elsewhere to show
that there has been.
Again, sir, I take it that we will go
upon the supposition, in this case 81 all
events the presumption is,that the officers
OF the Territory did their duty; and that
presumption will be taken as true until the
contrary appears. When 1 find the law
showing that this certificate shall be
signed by the governor Of the Territory
and under the broad seal ofthe Territory,
and when find the certificate comes here
complying with all of these conditions,
then claim that the party holding that
certificate presents here Il right which
must be set aside by such an investigation
a. will establish its unlawfulness before
you can say he shall not have his seat.
Mr.. Campbell holds the following
certificate; and I trust this House
will remember that when this question
was first discussed in he organization of
the present House of Representatives the
| only objection made TO the certificate was
the fact that it exceeded the power Of the
governor to issue it; and that he had gone
on and certified to the facts which were
not in his province to certify; In other
words, that the certificate contained sur
plusage. This certificate, Mr.. Speaker,
is in the following words:
| UNITED STATES OF AMERICA,
Territory Of UtGh, Executive Office, IS:
I I, Eli h. Murray, governor Of the ter
ritory Of Utah, do declare and certify
! that at the regular election for delegate to
the Forty-seventh Congress, held in said
territory on the first Tuesday after the
frs. Monday in November, A. D. 1880,
to wit, the ID day of November, 1880,
the returns whereof we're opened in my
presence By the secretary of the territory,
Allen G. Campbell was the person, being
a citizen of the United States, over the
age of twenty-one yesrs, having the
greatest numb Der Of votes, and was there
fore duly elected as said delegate to the
said Congress, and / therefore do give
this certificate accordingly.
In testimony Whereof have hersunto
set my hand and caused the great seal Of
| the territory to be affixed.
Done at Salt Lake City this 9Th day
J OF January, A. d. 1881.
ELI b MURRAY, Governor.
By the governor.
ARTHUR L. THOMAS,
Secretary of Utah Territory.
Now certainly there is nothing In that
certificate to indicate the number of votes
which were received by Mr.. Campbell 4,
nor is there any Law which states that
they shall be set forth in the eertifcs te; but
! the certificate goes on to say that Mr..
| Campbell, having received the largest
number Of votes, and he being q citizen
| ~ tho Initial 2tataa--and NH oshar II Uaa