The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1890-04-27

bigamist or polygamist or is living in patri-
archal, spiritual or plural marriage, and
so on The last clause of the provision
supposed to refer to the Mormons en-
braces persons who are excluded because
they belong to an organization which
teacher and advises that the laws of the
state prescribing rules of civil conduct are
not the supreme law
In this second class of disabilities no re-
ference is made to convictions whatever.
There IS nothing in the proposed constitu-
ton on that subject. Every thing is left in
this important, in this most precious, mat
ter to the citizen, to the will of the legis-
lator.
| The provision in regard to membership
OF organizations which teach or advise that
the laws prescribing rules of civil conduct
are not the supreme law of the land is OF a
very grave nature
do not say that it is intended to trench
upon religion; 1 do not say it is meant to
interfere between man and his God; but
do say that it has a broad latitude lati-
tude so great that in times of popular pas
sion it may embrace within it's fold many
and many an organization, spiritual or tenn
poral, which to-day we have no idea can be
subject to it,. Wrong ideas grow. 1t is
not the prerogative of good alone to thrive
Why, Mr.. Speaker, it is only few years
ago that that great and benefcent order,
the Masonic body, was attacked from one
end OF the country to the other as being
hostile to the freedom of the country and
as setting itself above courts and above the
laws themselves. There is another body, a
church, venerable with years, noted for it's
learning, for the great good it has done in
the world, and for buttressing civilization
against paganism, against which this very
reproach is made, a church which like the
Masonic body denies the truth of that re-
proach, and denounces it as calumny in
vented by its enemies. And yet can i'm
aglne, and any man on this floor can mag
inc, in times of high excitement, especially
OF high religious excitement, excitement
the most unreasonable, the most vindictive
to which the human mind can be subject
l can imagine that in such times men might
become so frenzied by prejudice and fear
that even the very convent fires which
were the shame of Boston may be relighted
and sectarian hate rule men with savage
power.
Why. even the Savior of mankind was
accused of setting up and teaching a relig-
ion which claimed to be superior to the
state. The histories of our race and the
histories of all religions are crowned with
thumbscrews, racks. scaffolds, and the fires
in which men have been tortured or de-
stroyed because accused of making this very
claim; men who we now see in the clear,
calm light of history were done to death
un1ustly, as they were treated cruelty and
barbarously while living. While error is
| multiform, its essence is the same
And it is only just to say of this Mormon
church that it denies the imputation that it
essays to oyer turn the law.
Shall it be honored with the cross, or
martyrized at the stake? Shall it's adher-
ents, deluded though they are, be robbed of
the hearing in the courts we give to every
class of criminalsl Shall their rights as
citizens be determined by less solemn
methods than your rights and mines Shall
mere election board have power to ostra-
else, to disfranchise a citizen and their
finding of the facts be conclusive on the
courts2 This may be done under this con-
stitution, and
Mr. Struble-Is it within. the recollec-
tion OF the gentleman that any court in this
land has ever held as to either of these So
cieties or to any except the Mormon church
that 1t was criminal organization?
Mr.. Chipman-No, sir; do not remem-
Der anything of that kind. But 1 do not
see the pertinency of the question.
Mr.. Struble-Is not the gentleman aware
that one court in Utah and another in
Idaho have held to that effect as to the Nor
mon church9
Mr.. Chipman-Now, what else do you
want to asks Ask your question and then
sit down.
Mr.. Struble-Are you not aware of such
decision having been rendered by Judges
of your party?
Mr.. Chipman-Party What do I care
for partys Applause. Weare discussing
the rights of the people. We are discus
sing grave question of elemental right:
but the gentleman talks of party 1t is
party when you try to pension soldiers 1t
Is party when you essay to give any laws
the nQOnIa &c ,nnr.txr yhay, 81 l..
protect the sanctity of the franchise. LAP
planse. think nothing of party. 1 care
nothing for party in this discussion am
making no attack on your party. [ am
making no attack on you, and you will
please sit down and let me go on.
Mr.. Struble rose.
Mr.. Chipman-Take your seat.
But let US go another step, Mr.. Speaker.
What have these decisions to do with the
controversy which is pending here? IF the
gentleman is no better lawyer than his
question implies, if he has no more idea of
the force OF authority than his question il
lustrates, feel very sorry for him indeed.
Laughter.
What l am contending is not that the
courts have not decided it, nor that polyg-
amy is not crime, but that the constitu-
ton you bring here silences the courts, the
true refuge of all our rights and the only
certain asylum against oppression and cor
ruptlon. That is my contention.
But the gentleman answers me that some
where IN the country, somewhere else, the
very thing has been done which l contend
ought to be done under this instrument
which you bring here and ask US to vote
for suppose the answer will be that this
clause OF the constitution does not execute
Itself, that 1t cannot execute itself AL
though am not entirely certain how far
that is true, am certain that in one sense
1T does execute itself. In one sense it pro-
hDlts the recourse to the courts.
1t does that not only by what it says, but
by what IT does not say. 1t provides in
what cases you shall go to the courts, and
1t makes provision by which person hav-
ing certain belize or doing certain act
snail, without the Intervention of a court.
De uls1ranchised. In the case of guardian
snip, In the case of conviction of crime.
other provisions apply. In those cases the
courts are invoked; but in the case of in
sanity, which is condition of body, and
also IN the case of Indians and Mongolians
ana OF the Mormons it expressly strikes at
the interposition of the courts. | have
looked at the provision of this constitution
IN regard to the jurisdiction of the supreme
court, and in my judgment, unless law is
passed very carefully guarded, the entire
decision of the facts will rest or NAV rest
with boards OF election officers, and so
strip the courts of all real jurisdiction.
Del1eve the gentlemen say that this will
not be done. But how do you know it will
mot ha dOuo2 How, a. x,c,,