The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-01-24

| precedent expulsion in violation of it, He
| amplifed the three grounds for Mr. Rob
| erts' exclusion; first, because of his viola
| ton of the Edmunds act; second. because
| ne was living in open, fragrant and noto-
| rious violation of the statutes of the Con-.
| sress he seeks to enter, and third, be-
= cause his election was a violation of the
compact by which Utah was admitted into
| the Union.
The Minority's View.
| Mr.. Littlefield of Maine of the Minority
| Committee was the minority spokesman.
The only issue between the majority and
| minority was as to whether he should be
| expelled or excluded, ne said. The CON
| stitutonal qualifications. age and inhab-
| hancy, Mr.. Litlefeld argued. could not
| be added to. If they could and the House
! so excluded a member because he was
| guilty of polygamous practices, next year
| 1t might exclude for adultery or because
| member was an attorney for a trust or
| an octopus or for any other thing. He
| went back 10 the constitutional debates
and other early history to prove that Con-
| gress could not add to the qualifications
| of members negatively stated in the con-
| stitution.
After depicting the conditions that sur
| rounded the framing of this provision of
| the constitution and quoting Madison,
| Hamilton and jefferson, he asked trium-
| phantly who there was who could shat
| ter the crucible history which surrounded
| it or the declaration of the men who
framed it. He challenged and riddled
many of the majority's authorities and
| precedents. He said the majority stood
| with Burke Jefferson. Madison, Hamil-
ION, Morris. Webster, Storey, Cooley, John
Randolph Tucker.
His Speech AppIauded.
'I believe" said Mr. Littlefeld, that
Mr.. Roberts has a full constitutional right
to seat in this House"
The applause which followed swept over
the floor and to the galleries.
Mr.. Littlefeld urged there was no rea-
son wh- precedents should be slavishly
| followed, referring to the manner in
which ex-Speaker Reed had overturned
the precedents of a century and converted
the House from unorganized mob into
an instrument which registered the VIII
of the people.
Mr.. Littlefeld then turned to the con-
sheraton of the proposition that if the
House had a right to add to the qualifi-
cations of a member, the disqualification
imposed by the Edmunds act did not APP
ply to Mr. Roberts because member of
Congress was not an officer under the
United States" within the meaning of the
statute He then attacked the PROPOSE
ton of the majority that Mr.. Roberts had
violated the compact between Utah and
the United States. He asked for the au-
thority for the statement of an under
standing and eloquently declared that
the idea that a compact between the
states had been the father of secession
had been botted out by the lives of half
a million men. He pointed TO Gen. Wheel
er's return from the Spanish war COW
cred with laurels, when no mere sentiment
let the Speaker and the judiciary Commit
tee override their duty of adverse action.
He pointed out the unquestioned right of
either house to expel a member for suffi-
cient cause
Roberts Defends Himself.
Mr.. Roberts then spoke for one and a
half hours at ease and without temper.
He said he might say with propriety:
"a plague on both your houses since both
propose his undoing." daughter but the
situation was not altogether without its
advantages. He was convinced with the
minority that the House had no right to
exclude him. and with the majority, that
once admitted he could not be expelled.
''Between the two" said he, matters
fall about as 1 would have them and sub
stantial Justice viii be done. (Renewed
laughter)
Mr.. Roberts gave notice that he appro-
Driated the arguments of the majority
against expulsion and those of the minor
ity against exclusion.
His constitutional qualifications We're ad-
mitted by both the majority and minority
of the committee. and he declared that the
members of the House, if they had regard
TO the constitution of their country, would
call him back to the bar from which he
had been improperly turned away. He
warned the House that nations fell be
cause they departed from their traditions,
If a nation INDUCED in constitutional i'm
morality" it died as did the individual
who was guilty of physical immoralty. He
House not 10 Weld to the
clamor of unthinking people. Was this
emergency? A man was elected to Con-
gress who, in the sanctity of the Church,
had married a plurality of wives He
said we have passed the stage of repre-
senting or defending polygamy. and he did
not want his. remarks SO construed. He
said the crime of polygamy is NAHUM pro-
hibitum not mala in Sc; that in the teach
ings of the great Master although He
denounced every crime, every sin that man
can commit. there is no word of His con-
demning the conduct of the patriarchs or
of law as It was given to Moses and An
cieJt Israel He quoted Martin Luther as
saving: "I cannot protest when one takes
many wives, for it does not contradict the
Scriptures" and again that the gospels do
not revoke or contradict the laws of Moses
in matrimonial matters.
"Yet we built monuments to Luther,
Notwithstanding his liberation and de-
Tense of that form of marriage. l say
this only to show that polygamy is mere
ly crime because prohibited by law
A constitutional Question.
Mr.. Roberts explained the Mormon be-
lief in polygamy, and said the church
thought their creed on this point came
within the constitutional inhibition against
laws prohibiting the free exercise of re-
ligous belief.
Referring to the continuance OF DO
lygamy after an adverse supreme Court
decision, Mr.. Roberts suggested it was
apparent such greet religious conVc-
ton could not Immediately be given up;
that the Supreme Court frequently re-
verses itself, and he pointed to Represent
alive White of North Carolina, on the
floor as one of a race, who, If absolute
submissiveness to the decisions OF the Su-
preme Court was to be the last of con-
troversy would have been but a piece of
goods and chattels in this country, in
stead OF being member of the House
OF Representa- lives.