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

ton of those who shall sit in these par
iicular cases, and It includes the man
who lives in open and corrupt and ac-
knowledged vice as one of these whose
competency to a seat upon Jury is main
tanned, and it excludes; the man who
does not. propose an amendment that
shall exclude both. have 20 fault to
find with the provision of the bill upon
that subject, but want an additional
provision in it which shall also exclude
the man who; baving one wife, is living
in open and notorious adultery with
another woman.
Mr. EDMUNDs. May I ask my friend
from Ohio question:
Mr.. PENDLEroN Certainly.
Mr. EDMUNDs. Assuming that the
theory of jury Is impartiality, that i'm
partiahty must be in respect of the pre-
else offense that is attributed to the acs
Ecused. assume everybody will agsee
to that. Therefore l ask my friend from
Ohio whether it is quite in point to say
that no man should sit on a jury in an
Indictment for forgery who had been
guilty OF having two wives or living IN
a state of open adultrv2
Mr.. PENDLEToN Whether or not the
, law should go to the extent OF saying
, that man guilty of forgery or not
guilty of it or suspected of it should sit
) upon this jury, l agree might be outside
, of this bill; but in this bill you provide
that man who is indicted for the crime
OF higamy may not he tried by one who
J is living IN polygamous relations, bul
may he tried by one who having one
wife is living in adulterous relations.
submit that they are at least 90 sufl.
cienlly connected ss that they ought 10
be provided for in this bill or else the
rule alluded to by nv friend from Geor.
oia, erprcssiounius est erclusio alteriss
will apply.
Now. Mr.. President, this bill being a
crimes act and all amendment TO a crimes
act. and defining still more rigidly than
heretofore the various crimes named in
the crimes act. and defining also the
qualifications Of jurors who are to try
the crimes mentioned in this act; goes
on 10 say:
That any polygamisi, bigami-t. or any
person cohabiting with more than one
woman. shall not be competent to vote
or TO hold Office.
These are the very crimes defined in
this act; they are.tbe very crimes which
are now to be punished The bill pro-
vides that men who are guilty Of these
things, now made crimes for the first
time. shall he disqualified from voting
and from holding office. When ] find a
provision of this kind in crimes act
not in an act regulating Territories, not
in an act establishing governments for
T, rritories, but in crimes act following
upon the definition Of new crimes, fol-
lowing upon the prescription of punish.
ments. folio wing upon the clauses which
iprovided the qualification Of jurors for
the trying OF these crimes--a provi sion
-of the bill which 1isqnalfies as voters
and "a office holders, the very men whom
it has defined as crmintls in the earlier
that it has at IFS foundation an inten-
ton 10 punish by this capitalization
the men who are guilty of these crimes,
| cannot resist the conclusion that the
foundation of this bill, the idea that lies
at its groundwork. is that these are
crimes now to be defined, and to be
punished not only by Imprisonment and
fine, but by deprivation of the right oi
voting and the right of holding Office.
say VIXEN that is to be done it IS an es
sential principle of our Justice that this
punishment shall be inflicted only alter
: conviction
J 1t is nothing to say that originally
Congress might define the qualifications
of voters they did so. 1t is nothing tc
say that if they we're establishing new
government now, they might define The
qualifications of voters. They might
! That is not descriptive Of this bill; thai
is no. the provision of this bill | find
, as / said, that it IS an amendment to 6
) crimes act. pursuing the provisions OF 9
crimes act, dt fining crimes. providing
their punishment, providing jurors by
which they shall be tried. 1t provides
that the punishment shall be by fine. by
imprisonment. and bv distranchisemen
/ Confessedly under the Constitution oI
, the United States. specifically under the
J provisions OF this bill, the punishment
of fines and Imprisonment can be ipfct.
ed only after indictment, trial, and con.
J viction, by court OF competent juris.
, diction, and after the accused shall have
: had the benefit Of the process Of the
, court, of confronting witnesses, Of cross.
! examination, OF an impartial jurr-shal
: have had the benefit of all the safeguard'
which an enlightened Jurisprudence
r throws around him who is charged will
crime. Why should The punishment o
disfranchisement he imposed under les'
: stringent conditions These men ar,
citizens of the United States. Th,
| mantle OF the Constitution enfolds them
They are entitled under the law to vote
t to hold Office They have always votet
n and held Office. They do 80 now. Yo,
4 define crime; you charge them with il
:. You say, II guilty they shall he dned
Y imprisoned, deprived of these right
h which they have enjoyed and do still en-
e JOY. You say-this bill says-they sha
|. he fined and imprisoned only after con
viction, under the guardianship Of tn
j law and its courts; but they shall h
= dsfranchised on the finding Of politics
returning bnard-a hoard organized, s
y this bill clearly shows, for the expires
g purpose of DISTINGUISHING as many {
,s these people as it can. do not thnl
'e Mr.. President, that that can stand fC
d one moment. No ingenuity, howeve
'f acute, can make US believe that this wa
il intended to appear on its face to be a bi
We for the reorganization of the politics
al government of any one Territory or q
1t the Territories Of the United States, an
the declaration Of the fundamental la
i. upon which these new civil communili,
,h are to be built up. On the other han
e. no ingenuity can make US believe tn
ne this bill will not, in effect, il carried o.
r under the guise Of providing punis
ed ment for crime. overturn the polite
ds system of Territory.
q would not introduce political CO
on sideralions into this discussion, but
he cannot shut nv eyes to the fact that Il
he bill, If it becomes law. will transfer t
political power OF the Territory to I
re. Repnhlicsn Dsrty---a MARTY which h