Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-06-28
Provisions OF the Constitution That
Have Been Violated.
cocrre.po,.. a-sce OF the DrsEnrr NEWS. !

able statesman.
VI l am an American citizen of N
n class ~ho believewith the late Ho,
:, Jeremiah S. Black, that in III
u maintenance Of strict constitution n,
morality lies the safety of a republi
: By constitutional morality is NEAR
! conformity to the principles en-
spirit Of thS nations organi
l. law believed it as dangerous. fror
/ political standpoint, for a fire
i people 70 uespass upon the charte
G o. tneir liberties, As it is, from a r,
, nglous standpsint, for a man {
" violate the decalOgue. [ there
= lore view with forbodlnys of
/ gloomy character, the apatbetic in
ulnerepcss the utter lack of natriot.
I'm, with which the American PEG
pfe suffer their national charter I,
: be torn into ahredA.
D To show thai this expression i
nos go strong TO appropriately lie
scrioe the process which the Amer
. lean Constitution has teen for
. some years passing Though. I viii
make few quotations from il, anu
Z reier tc the action Of the govern
, r1ent in reference to the principIes
cited. | will make my quotation.
IN the order in which they arpear
In the instrument, rather than in
accordance with the chronological
order in which the events h be
spoken OF occurred.
Subdivision l, Section II, Ar
ticle L:
The House Of Representatives shall
be composed OF members chosen every
second year by the people OF the
several sta es."
This provision is the enc which
makes the House Of Representatives
body literally and directly repre-
sentative Ofthe masses of the people.
IL involves the vital and POPULAR
right Of the People to elect, every two
years, TO the national legislature.
such law makers as will best reflect
their views and most faithfu'lr carry
out their wisbe-. IN debates and
votes that have occurred i'm The
HouSe, both before and after the
war, on questions OF expulsion. the
proposition has been maintained that
I n congressional district had a right
which could not he questioned nor
abridged, 10 select as its representa-
tive upon the floor Of tho national
House, any man in whom il might
see nit TO repOSe that power and hon
orr and that iDmOn8iity. o. crime
even, committed ny thv man 50 cho-
sen, world not Justify denying to b..
his seat, provided his ~,,:,,;t was In.
CURED before HE eiection n has
oeen iurth<r aud aoundantIy estab-
ils.Ied that immortality or the com
mission of any crime nat acrrunte,.
infamous. occurring s,ibseutIent 10
MS election, viii not Justify the de-
NAL OF a seat 10 a Representative
elect nor his expulsion aftel being
sested, Whether OF not the com
mtssion Of an infamous crime after
his election, by a member elect,
would be sufficient Justification for
refusing 10 seat him, or for expelling
MN, Is question not fully settled |
in the American Congress; but the !
weight Of authority and logic seems
TO incline to the negative, mainly /,
tor the reason 'ha- :. IS the province
OF the coAsis, and not Of either
h2l'7; OF Congress 10 punish for |
crime, except in cases OF impeach-
ment provided for by the Constitu-
ton.
This vital principle OF our govern
mental fabric was violated when the
House Of Representatives denied a |
seat TO the man whom the people Of
Utah, by vote OF more than ten to |
one, had chosen TO represent them
IN that body. The case Of Hon.
George O. CsRnea Is here referred |
90,
Subdivision 3, Section IN, Article
NO bill Of attaintier, or Il post yacso |
law, shall be passed
A bill of attainder y one which |
declares an act committed prior 10 |
its passage, an ollense punishabie
under Its provisions. The laws en-
acted by Congress for tine suppress
sion OF pOlyamy, as they have been
interpreted and administered by the |
courts, have operated a. bills OF at |
tainder. Under them men have |
been punished for maintaining re-
latiOns which at the time they were |
establihed, were not in violation of |
any law. This punishment has in
volved the loss Of the privileges Of
citizenship.
An eL post .JidcLO Law is onS enact
Ell for the purpose Of being applied /
10 state Of facts which existed pri-
or to its passage, affecting rights
which could not have been affected
in the manner desired by any Law
existing AT the time they accrued.
The provision of the Edmuuds-
Tucker law under which real estate.
acquired by the Church Of Jesus I
Christ Of L3tter-day Saints
before any limit on the amount of
such property it might own, was
nNed by Congress, Is now being
escheated, is a fragrant instance OF
an CT post JdctO law, provided ildi-
cial interpretations of it, heretofore
given, shall finally be sustained.
III:
THE trial OF all crimes, excent in
cases OF impeachment. shall be by
jury"
The woni 'jury'' is here usei
with its English common law
and signifies twelve i'm
partial men, chosen by lot. from the
v'cinage within which the defend
ant resides, or the crime was COM
mltted. By n process which Il is
not necessary 10 describe here at
length, the sacred institution Of
trial by jury, guarded for ages with
jealous care 10y the Anglo Saxon
race, has been practically abolished
in portions Of this country.
Subdivision /, Section III, Ar
ticle III:
Treason against the United STATES
shall consist only in Lowing war
them, or in adhering 10 their
enemies, giving them aid and comfort.
No person shall be convicted Of trea-
son unless on the testimony Of tw., /
witnesses to the same avert act, or ON
in open court
Upon the theory that n certain
body Of citizens Of this Republic are
guilty Of treason, pains and renal
ties have been inflicted upon them
by Congress and the courts, and
legislation enacted against them. in
violation Of the Constitution, has
been tudicially held justifiable ON
the ground Of their alleged disloyal-
~ But no attempt has ever been
made TO convict a single person