The age-herald. [volume] (Birmingham, Ala.) 1897-1902, 1899-12-06
WITH RINGING WORDS ROBERTS
DEFENDS HIMSELF IN CONGRESS
The Mormon Member From Utah Takes the Floor and Severely
Scores The Republican Side Of the House,


opinion on as to the right or propriety of
his retaining his seat in advance of any
proper investigation; therefore, the said
Brigham H. Roberts is entitled to be
sworn in as a member of this house upon
his prima facie case.
Resolved further That when sworn in
his credentials and all the papers in rela-
ton to his right to retain his seat be re-
ferred to the committee on judiciary, with
Instructions to report thereon at the earli-
est practicable moment"
Mr.. Taylor immedia tely took the floor.
1T was arranged that there should be three
hours debate, one-half on each side, one
half hour to be allowed Mr.. Roberts, and
to come out of the time of the minority.
ne arrangement having been made, Mr..
Richardson, the democratic leader, gave
notice of a substitute he would offer as
follows:
Taylor Eegins Speaking
Mr.. Taylor then opened his speech in fa-
vor of the adoption of his resolution. He
would not urge its adoption, he said, were
ne not prompted by high sense of duty.
me constitution was consistent, he contin-
ued, II 1t was contended that the limita-
tons 1t imposed were not to be added to-
The power of congress to halt the claimant
at the door, he insisted, was clear. The
ineligibility created by conviction of crime
was power inherent in government ire
spectiVe of the constitution. He cited sew
eral cases to show that as a punishment
for crime the legislature had ample author
tty to disquaify a man from holding office
When Mr.. Taylor began to speak, Mr.
Roberts left the seat he had been occupy
ing and took a seat near the main aisle
where he could hear with greater ease
Throughout Mr.. Taylor's remarks he sat
facing his accuser, except when he turned
to his desk to take notes of the points to
which he desired to reply.
Continuing, Mr.. Taylor read from de-
cision of the supreme court defining poly
gamy which stated irrespective of whether
a man had contracted plural marriage
after the passing of the Edmunds act and
irrespective of whether he has since CO.
habited with plural wife, he was guilty of
polygamy II he still maintained the rela-
ton of husband to more than one wife. Re-
ferring again to the two proclamat1ons or
amnesty he argued that the claimant was
in no better position than he would have
been had no such proclamation been issued.
But higher than the civil law was law
of civilization which demanded that one so
tainted should be excluded.
Apswerabie to His Conscience
For opposing the higher law a member
was answerable only to his conscience MS
country and his constituents. There were
precedents for such an appeal to the nigh
er law He cited the case of Whittemore'
who had been guilty of selling cadetshlps,
and who, upon his appearance at the par
of the house, was rejected as unht TO slt III
the house The power and right were In
herent said Mr.. Taylor. 1t was only
question of propriety, wisdom and OF prece-
dent.
In all his investigation and study or prec-
edents. Mr.. Taylor said, he had failed to
find a single case where the house MAD hes-
itated to assert upon proper occasion ats
right to halt member at the bar When
his qualifications for seat were question
ed. He quoted extensively from "McCrea-
ry on Elections in support or his argu-
ment. He reviewed the case or PROCTOR
Knott Boyd Winchester and John M Rlce
of Kentucky, who had been stopped at the
bar of the house on the ground that they
were disqualified because they had been
disloyal
1--WE are told" said Mr.. Taylor in conclu-
sion, his voice ringing out clearly, 'tnat we
are about to create an unhappy precedent.
Why, Mr.. Speaker, we are doing this in the
open gaze of the whole world, not in
clustered court. We are the servants of
the people, empowered to do right as we see
it, The public eye is on us; the public con-
science quickens us. In that presence we
can do wrong If we do but obey 1t.
Mr.. Taylor's concluding words We're
greeted with storm of applause both from
the foo1 and the galleries. Few democrats
however, Joined in the applause.
Richardson's Speech
Mr.. Richardson, the minority leader, fol-
lowed Mr.. Taylor. He did not intend, he
said, to discuss the merits of the case. The
question in issue was as to whether the
representative-eleot, Roberts, had a prima
facie right to his seat. He was not willing
to reject representative-elect who ap-
peared at the bar of the house with his ere
dentials In due form. If he was denied ad-
mission precedent would be created which
would rise to plague the house In years to
come The only constitutional objection
raised against the member-elect related to
his naturalization and that Mr. Richardson
asserted would not hold. He defed the
other side to produce a single precedent
where objection was raised to the admins
tration of the oath except on constitutional
grounds.
The precedents cited were made during
the war and were not to be relied upon. In
fbosat- dssys the constitution was written
with the sword. They had all been since
oyerruled. after the passions that followed
the war had subsided. MI; H,chardson de-
clared that the minority was in no wise
bound by his position. He spoke for himself
alone. He was willing to say that If the
charges against the member-elect were
proven he should favor his expulsion.
"If there is one thing the American peo-
Die are a unit upon," he said, ut Is that
the American home shall be preserved In all
its loyeliness, sweetness and purity" Gap
plause)
'fBut," he proceeded, sit is not wise to
permit our judgment to be warped by pub
lie clamor. To do so amounted to condem-
nation without trial." Mr.. Richardson
then brought forward several precedents in
support of his position. The first was the
case of George O. Cannon, who appeared in
the house as delegate-elect from Utah IN
1873. Mr. Cannon was republican. ALI
most identically the same charges now
made against Mr.. Roberts We're made
against Mr. Cannon. He read from the
speeches of S. s. Cox of New York, and
other prominent democrats opposing, deny
ing a seat to Mr.. Cannon on the ground
that it would establish dangerous prece-
dent and produce chaos in the future.
"Those democrats he said, rose above
party prejudice, and stood by the constitu-
tien and right" democratic applause)
He also cited the case of RAINY, colored
republican from South Carolina in the For
ty-ffth congress, where the democrats IN
sisted that he should have the oath ad-
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