“The democratic system is the result of the reorganization of the various anti-Tammany democratic factions, brought about, in 1881, by a practically self-appointed committee of 100. Under this system primary elections are to be held annually in each of 678 election districts, at which all democratic electors resident in the respective districts may participate, provided they were registered at the last general election. The persons voting at any primary shall be members of the election district association for the ensuing year, which is to be organized in January of each year. The associations may admit democratic residents in their respective districts, who are not members, to membership, and they have general supervision of the interests of the party within their districts. Primaries are held on not less than four days’ public notice, through the newspapers, of the time and place, and at the appointed time the meeting is called to order by the chairman of the election district association, provided twenty persons be present; if that number shall not be present, the meeting may be called to order with a less number, at the end of fifteen minutes. The first business of the meeting is to select a chairman, and all elections of delegates or committeemen shall take place in open meeting. Each person, as he offers to vote, states his name and residence, which may be compared with the registration list at the last election, and each person shall state for whom he votes, or he may hand to the judges an open ballot, having designated thereon the persons for whom he votes, and for what positions. Nominations are all made by conventions of delegates from the districts within which the candidate to be chosen is to be voted for. There is an assembly district committee in each assembly district, composed of one delegate for each 100 votes or fraction thereof, from each election district within the assembly district. There is also a county committee composed of delegates from each of the assembly district committees. The function of these committees is generally to look after the interests of the parties within their respective spheres. This system is too new for its workings to be as yet fairly criticised. It may prove a really popular system, or it may prove only an inchoate form of the other systems. At present it can only be said that the first primaries under it were participated in by 27,000 electors.
“The evils of the caucus and primary election systems lie in the stringent obligation which is attached to the will of a formal majority; in the fact that the process of ascertaining what the will of the majority is, has been surrounded with so many restrictions that the actual majority of votes are disfranchised, and take no part in that process, so that the formal majority is in consequence no longer the majority in fact, although it continues to demand recognition of its decisions as such.
“The separation between the organization and the party, between those who nominate and those who elect, is the sum of the evils of the too highly organized caucus system. It has its roots in the notion that the majority is right, because it is the majority, which is the popular view thus expressed by Hammond: ‘I think that when political friends consent to go into caucus for the nomination of officers, every member of such caucus is bound in honor to support and carry into effect its determination. If you suspect that determination will be so preposterous that you cannot in conscience support it, then you ought on no account to become one of its members. To try your chance in a caucus, and then, because your wishes are not gratified, to attempt to defeat the result of the deliberation of your friends, strikes me as a palpable violation of honor and good faith. You caucus for no other possible purpose than under the implied argument that the opinion and wishes of the minority shall be yielded to the opinions of the majority, and the sole object of caucusing is to ascertain what is the will of the majority. I repeat that unless you intend to carry into effect the wishes of the majority, however contrary to your own, you have no business at a caucus.’ (Political History of New York, vol. i., p. 192).—In accordance with this theory, the will of the majority becomes obligatory as soon as it is made known, and one cannot assist at a caucus in order to ascertain the will of the majority, without thereby being bound to follow it; and the theory is so deeply rooted that, under the caucus and primary election system, it has been extended to cases in which the majorities are such only in form.
“The remedies as well as the evils of the caucus and nominating system have been made the subject of general discussion in connection with civil service reform. It is claimed that that reform, by giving to public officers the same tenure of their positions which is enjoyed by the employes of a corporation or a private business house, or during the continuance of efficiency or good behaviour, would abolish or greatly diminish the evils of the caucus system by depriving public officers of the illegitimate incentive to maintain it under which they now act. Other more speculative remedies have been suggested. It is proposed, on the one hand, to very greatly diminish the number of elective officers, and, in order to do away with the predetermination of elections, to restrict the political action of the people in their own persons to districts so small that they can meet together and act as one body, and that in all other affairs than those of these small districts the people should act by delegates. The theory here seems to be to get rid of the necessity for election and nominating machinery. (See ‘A True Republic,’ by Albert Strickney, New York, 1879; and a series of articles in Scribner’s Monthly for 1881, by the same writer). On the other hand, it is proposed to greatly increase the number of elections, by taking the whole primary system under the protection of the law.[40] This plan proposes: 1. The direct nomination of candidates by the members of the respective political parties in place of nominations by delegates in conventions. 2. To apply the election laws to primary elections. 3. To provide that both political parties shall participate in the same primary election instead of having a different caucus for each party. 4. To provide for a final election to be held between two candidates, each representative of a party who have been selected by means of the primary election. This plan would undoubtedly do away with the evils of the present caucus system, but it contains no guarantee that a new caucus system would not be erected for the purpose of influencing ‘the primary election’ in the same manner in which the present primary system now influences the final election. (See however ‘The Elective Franchise in the United States,’ New York, 1880, by D. C. McClellan.)—The effective remedy for the evils of the caucus system will probably be found in the sanction of primary elections by law. * * * Bills for this purpose were introduced by the Hon. Erastus Brooks in the New York Legislature in 1881, which provided substantially for the system proposed by Mr. McClellan, but they were left unacted upon, and no legislative attempt to regulate primaries, except by providing for their being called, and for their procedure, has been made elsewhere. In Ohio what is known as the Baber law provides that where any voluntary political association orders a primary, it must be by a majority vote of the central or controlling committee of such party or association; that the call must be published for at least five days in the newspapers, and state the time and place of the meeting, the authority by which it was called, and the name of the person who is to represent that authority at each poll. The law also provides for challenging voters, for punishment of illegal voting, and for the bribery or intervention of electors or judges. (Rev. Stat. Ohio, secs. 2916–2921.) A similar law in Missouri is made applicable to counties only of over 100,000 inhabitants, but by this law it is made optional with the voluntary political association whether it will or not hold its primaries under the law, and if it does, it is provided that the county shall incur no expense in the conduct of such elections. (Laws of Missouri, 1815, p. 54.) A similar law also exists in California. (Laws of California, 1865–1866, p. 438.) These laws comprise all the existing legislation on the subject, except what is known as the Landis Bill of 1881, which requires primary officers to take an oath, and which punishes fraud.”
At 9 o’clock on the morning of Saturday, July 2d, 1881, President Garfield, accompanied by Secretary Blaine, left the Executive Mansion to take a special train from the Baltimore and Potomac depot for New England, where he intended to visit the college from which he had graduated. Arriving at the depot, he was walking arm-in-arm through the main waiting-room, when Charles J. Guiteau, a persistent applicant for an office, who had some time previously entered through the main door, advanced to the centre of the room, and having reached within a few feet of his victim, fired two shots, one of which took fatal effect. The bullet was of forty-four calibre, and striking the President about four inches to the right of the spinal column, struck the tenth and badly shattered the eleventh rib. The President sank to the floor, and was conveyed to a room where temporary conveniences were attainable, and a couch was improvised. Dr. Bliss made an unsuccessful effort to find the ball. The shock to the President’s system was very severe, and at first apprehensions were felt that death would ensue speedily. Two hours after the shooting, the physicians decided to remove him to the Executive Mansion. An army ambulance was procured, and the removal effected. Soon after, vomiting set in, and the patient exhibited a dangerous degree of prostration, which threatened to end speedily in dissolution. This hopeless condition of affairs continued until past midnight, when more favorable symptoms were exhibited. Dr. Bliss was on this Sunday morning designated to take charge of the case, and he called Surgeon-General Barnes, Assistant Surgeon-General Woodward, and Dr. Reyburn as consulting physician. To satisfy the demand of the country, Drs. Agnew, of Philadelphia, and Hamilton, of New York, were also summoned by telegraph, and arrived on a special train over the Pennsylvania Railroad, Sunday afternoon. For several days immediately succeeding the shooting, the patient suffered great inconvenience and pain in the lower limbs. This created an apprehension that the spinal nerves had been injured, and death was momentarily expected. On the night of July 4th a favorable turn was observed, and the morning of the 5th brought with it a vague but undefined hope that a favorable issue might ensue. Under this comforting conviction, Drs. Agnew and Hamilton, after consultation with the resident medical attendants, returned to their homes; first having published to the country an endorsement of the treatment inaugurated. During July 5th and 6th the patient continued to improve, the pulse and respiration showing a marked approach to the condition of healthfulness, the former being reported on the morning of the 6th at 98, and in the evening it only increased to 104. On the 7th Dr. Bliss became very confident of ultimate triumph over the malady. In previous bulletins meagre hope was given, and the chances for recovery estimated at one in a hundred.
From July 7th to the 16th there was a slight but uninterrupted improvement, and the country began to entertain a confident hope that the patient would recover.
Hope and fear alternated from day to day, amid the most painful excitement. On the 8th of August Drs. Agnew and Hamilton had to perform their second operation to allow a free flow of pus from the wound. This resulted in an important discovery. It was ascertained that the track of the bullet had turned from its downward deflection to a forward course. The operation lasted an hour, and ether was administered, the effect of which was very unfortunate. Nausea succeeded, and vomiting followed every effort to administer nourishment for some time. However, he soon rallied, and the operation was pronounced successful, and, on the following day, the President, for the first time, wrote his name. On the 10th he signed an important extradition paper, and on the 11th wrote a letter of hopefulness to his aged mother. On the 12th Dr. Hamilton expressed the opinion that the further attendance of himself and Dr. Agnew was unnecessary. The stomach continued weak, however, and on the 15th nausea returned, and the most menacing physical prostration followed the frequent vomiting, and the evening bulletin announced that “the President’s condition, on the whole, is less satisfactory.”
Next a new complication forced itself upon the attention of the physicians. This was described as “inflammation of the right parotid gland.” On August 24th it was decided to make an incision below and forward of the right ear, in order to prevent suppuration. Though this operation was pronounced satisfactory, the patient gradually sank, until August 25th, when all hope seemed to have left those in attendance.
Two days of a dreary watch ensued; on the 27th an improvement inspired new hope. This continued throughout the week, but failed to build up the system. Then it was determined to remove the patient to a more favorable atmosphere. On the 6th of September this design was executed, he having been conveyed in a car arranged for the purpose to Long Branch, where, in a cottage at Elberon, it was hoped vigor would return. At first, indications justified the most sanguine expectations. On the 9th, however, fever returned, and a cough came to harass the wasted sufferer. It was attended with purulent expectoration, and became so troublesome as to entitle it to be regarded as the leading feature of the case. The surgeons attributed it to the septic condition of the blood. The trouble increased until Saturday, September 10th, when it was thought the end was reached. He rallied, however, and improved rapidly, during the succeeding few days, and on Tuesday, the 13th, was lifted from the bed and placed in a chair at the window. The improvement was not enduring, however, and on Saturday, September 17th, the rigor returned. During the nights and days succeeding, until the final moment, hope rose and fell alternately, and though the patient’s spirits fluctuated to justify this change of feeling, the improvement failed to bring with it the strength necessary to meet the strain.
President Garfield died at 10.35 on the night of Sept. 19th, 1881, and our nation mourned, as it had only done once before, when Abraham Lincoln also fell by the hand of an assassin. The assassin Guiteau was tried and convicted, the jury rejecting his plea of insanity.
Vice-President Arthur, during the long illness of the President, and at the time of his death, deported himself so well that he won the good opinion of nearly all classes of the people, and happily for weeks and months all factious or partisan spirit was hushed by the nation’s great calamity. At midnight on the 19th of September the Cabinet telegraphed him from Long Branch to take the oath of office, and this he very properly did before a local judge. The Government cannot wisely be left without a head for a single day. He was soon afterwards again sworn in at Washington, with the usual ceremonies, and took occasion to make a speech which improved the growing better feeling. The new President requested the Cabinet to hold on until Congress met, and it would have remained intact had Secretary Windom not found it necessary to resume his place in the Senate. The vacancy was offered to ex-Governor Morgan, of New York, who was actually nominated and confirmed before he made up his mind to decline it. Judge Folger now fills the place. The several changes since made will be found in the Tabulated History, Book VII.
It has thus far been the effort of President Arthur to allay whatever of factious bitterness remains in the Republican party. In his own State of New York the terms “Half-Breed” and “Stalwart” are passing into comparative disuse, as are the terms “Regulars” and “Independents” in Pennsylvania.
The complaint of “Boss Rule” in these States—by which is meant the control of certain leaders—still obtains to some extent. Wayne MacVeagh was the author of this very telling political epithet, and he used it with rare force in his street speeches at Chicago when opposing the nomination of Grant. It was still further cultivated by Rufus E. Shapley, Esq., of Philadelphia, the author of “Solid for Mulhooly,” a most admirable political satire, which had an immense sale. Its many hits were freely quoted by the Reformers of Philadelphia, who organized under the Committee of One Hundred, a body of merchants who first banded themselves together to promote reforms in the municipal government. This organization, aided by the Democrats, defeated Mayor Wm. S. Stokley for his third term, electing Mr. King, theretofore a very popular Democratic councilman. In return for this support, the Democrats accepted John Hunter, Committee’s nominee for Tax Receiver, and the combination succeeded. In the fall of 1881 it failed on the city ticket, but in the spring of 1882 secured material successes in the election of Councilmen, who were nominees of both parties, but aided by the endorsement of the Committee of One Hundred. A similar combination failed as between Brown (Rep.) and Eisenbrown (Dem.) for Magistrate. On this part of the ticket the entire city voted, and the regular Republicans won by about 500 majority.
The following is the declaration of principles of the Citizens’ Republican Association of Philadelphia, which, under the banner of Mr. Wolfe, extended its organization to several counties:
I. We adhere to the platform of the National Convention of the Republican party, adopted at Chicago, June 2d, 1880, and we proclaim our unswerving allegiance to the great principles upon which that party was founded, to wit: national supremacy, universal liberty, and governmental probity.
II. The Republican party, during its glorious career, having virtually established its principles of national supremacy and universal liberty as the law of the land, we shall, while keeping a vigilant watch over the maintenance of those principles, regard the third one, viz.: governmental probity, as the living issue to be struggled for in the future; and as the pure administration of government is essential to the permanence of Republican institutions, we consider this issue as in no way inferior in importance to any other.
III. The only practical method of restoring purity to administration is through the adoption of a system of civil service, under which public officials shall not be the tools of any man or of any clique, subject to dismissal at their behest, or to assessment in their service; nor appointment to office be “patronage” at the disposal of any man to consolidate his power within the party.
IV. It is the abuse of this appointing power which has led to the formation of the “machine,” and the subjection of the party to “bosses.” Our chosen leader, the late President Garfield, fell a martyr in his contest with the “bosses.” We take up the struggle where he left it, and we hereby declare that we will own no allegiance to any “boss,” nor be subservient to any “machine;” but that we will do our utmost to liberate the party from the “boss” domination under which it has fallen.
V. Recognizing that political parties are simply instrumentalities for the enforcement of certain recognized principles, we shall endeavor to promote the principles of the Republican party by means of that party, disenthralled and released from the domination of its “bosses.” But should we fail in this, we shall have no hesitation in seeking to advance the principles of the party through movements and organizations outside of the party lines.
The idea of the Committee of One Hundred is to war against “boss rule” in municipal affairs. James McManes has long enjoyed the leadership of the Republican party in Philadelphia, and the reform element has directed its force against his power as a leader, though he joined at Chicago in the MacVeagh war against the form of “boss rule,” which was then directed against Grant, Conkling, Logan and Cameron. This episode has really little, if anything, to do with Federal politics, but the facts are briefly recited with a view to explain to the reader the leading force which supported Mr. Wolfe in his independent race in Pennsylvania. Summed up, it is simply one of those local wars against leadership which precede and follow factions.
The factious battles in the Republican party, as we have stated, seem to have spent their force. The assassination of President Garfield gave them a most serious check, for men were then compelled to look back and acknowledge that his plain purpose was to check divisions and heal wounds. Only haste and anger assailed, and doubtless as quickly regretted the assault. President Arthur, with commendable reticence and discretion, is believed to be seeking the same end. He has made few changes, and these reluctantly. His nomination of ex-Senator Conkling to a seat in the Supreme Bench, which, though declined, is generally accepted as an assurance to New Yorkers that the leader hated by one side and loved by the other, should be removed from partisan politics peculiar to his own State, but removed with the dignity and honor becoming his high abilities. It has ever been the policy of wise administrations, as with wise generals, to care for the wounded, and Conkling was surely and sorely wounded in his battle against the confirmation of Robertson and his attempted re-election to the Senate. He accepted the situation with quiet composure, and saw his friend Arthur unite the ranks which his resignation had sundered. After this there remained little if any cause for further quarrel, and while in writing history it is dangerous to attempt a prophecy, the writer believes that President Arthur will succeed in keeping his party, if not fully united, at least as compact as the opposing Democratic forces.
This party was founded in 1878 by Gen’l William Mahone, a noted Brigadier in the rebel army. He is of Scotch-Irish descent, a man of very small stature but most remarkable energy, and acquired wealth in the construction and development of Southern railroads. He sounded the first note of revolt against what he styled the Bourbon rule of Virginia, and being classed as a Democrat, rapidly divided that party on the question of the Virginia debt. His enemies charge that he sought the repudiation of this debt, but in return he not only denied the charge, but said the Bourbons were actually repudiating it by making no provision for its payment, either in appropriations or the levying of taxes needed for the purpose. Doubtless his views on this question have undergone some modification, and that earlier in the struggle the uglier criticisms were partially correct. Certain it is that he and his friends now advocate full payment less the proportion equitably assigned to West Virginia, which separated from the parent State during the war, and in her constitution evaded her responsibility by declaring that the State should never contract a debt except one created to resist invasion or in a war for the government. This fact shows how keenly alive the West Virginians were to a claim which could very justly be pressed in the event of Virginia being restored to the Union, and this claim Gen’l Mahone has persistently pressed, and latterly urged a funding of the debt of his State at a 3 per cent. rate, on the ground that the State is unable to pay more and that this is in accord with proper rates of interest on the bonds of State governments—a view not altogether fair or sound, since it leaves the creditors powerless to do otherwise than accept. The regular or Bourbon Democrats proclaimed in favor of full payment, and in this respect differed from their party associates as to ante-war debts in most other Southern States.
Gen. Mahone rapidly organized his revolt, and as the Republican party was then in a hopeless minority in Virginia, publicly invited an alliance by the passage of a platform which advocated free schools for the blacks and a full enforcement of the National laws touching their civil rights. The Legislature was won, and on the 16th of December, 1880, Gen’l Mahone was elected to the U. S. Senate to succeed Senator Withers, whose term expired March 4, 1881.
In the Presidential campaign of 1880, the Readjusters supported Gen’l Hancock, but on a separate electoral ticket, while the Republicans supported Garfield on an electoral ticket of their own selection. This division was pursuant to an understanding, and at the time thought advisable by Mahone, who, if his electors won, could go for Hancock or not, as circumstances might suggest; while if he failed the Republicans might profit by the separation. There was, however, a third horn to this dilemma, for the regular Democratic electors were chosen, but the political complexion of the Legislature was not changed. Prior to the Presidential nominations Mahone’s Readjuster Convention had signified their willingness to support Gen’l Grant if he should be nominated at Chicago, and this fact was widely quoted by his friends in their advocacy of Grant’s nomination, and in descanting upon his ability to carry Southern States.
The Readjuster movement at first had no other than local designs, but about the time of its organization there was a great desire on the part of the leading Republicans to break the “Solid South,” and every possible expedient to that end was suggested. It was solid for the Democratic party, and standing thus could with the aid of New York, Indiana and New Jersey (them all Democratic States) assure the election of a Democratic President.
One of the favorite objects of President Hayes was to break the “Solid South.” He first obtained it by conciliatory speeches, which were so conciliatory in fact that they angered radical Republicans, and there were thus threatened division in unexpected quarters. He next tried it through Gen’l Key, whom he made Postmaster-General in the hope that he could resurrect and reorganize the old Whig elements of the South. Key was to attend to Southern postal patronage with this end in view, while Mr. Tener, his able First Assistant, was to distribute Northern or Republican patronage. So far as dividing the South was concerned, the scheme was a flat failure.
The next and most quiet and effectual effort was made by Gen’l Simon Cameron, Ex-Senator from Pennsylvania. He started on a brief Southern tour, ostensibly for health and enjoyment, but really to meet Gen’l Mahone, his leading Readjuster friends, and the leading Republicans. Conferences were held, and the union of the two forces was made to embrace National objects. This was in the Fall of 1879. Not long thereafter Gen’l Mahone consulted with Senator J. Don. Cameron, who was of course familiar with his father’s movements, and he actively devised and carried out schemes to aid the new combination by which the “Solid South” was to be broken. In the great State campaign of 1881, when the Bourbon and anti-Bourbon candidates for Governor, were stumping the State, Gen’l Mahone found that a large portion of his colored friends were handicapped by their inability to pay the taxes imposed upon them by the laws of Virginia, and this threatened defeat. He sought aid from the National administration. President Garfield favored the combination, as did Secretary Windom, but Secretary Blaine withheld his support for several months, finally, however, acceding to the wishes of the President and most of the Cabinet. Administration influences caused the abandonment of a straight-out Republican movement organized by Congressman Jorgensen and others, and a movement which at one time threatened a disastrous division was overcome. The tax question remained, and this was first met by Senator J. Don. Cameron, who while summering at Manhattan Island, was really daily engaged in New York City raising funds for Mahone, with which to pay their taxes. Still, this aid was insufficient, and in the heat of the battle the revenue officers throughout the United States, were asked to contribute. Many of them did so, and on the eve of election all taxes were paid and the result was the election of William E. Cameron (Readjuster) as Governor by about 20,000 majority, with other State officers divided between the old Readjusters and Republicans. The combination also carried the Legislature.
In that great struggle the Readjusters became known as the anti-Bourbon movement, and efforts are now being made to extend it to other Southern States. It has taken root in South Carolina, Georgia, Tennessee, Arkansas, Mississippi, and more recently in Kentucky, where the Union War Democrats in State Convention as late as March 1, 1882, separated from the Bourbon wing of the party. For a better idea of these two elements in the South, the reader is referred to the recent speeches of Hill and Mahone in the memorable Senate scene directly after the latter took the oath of office, and cast his vote with the Republicans. These speeches will be found in Book III of this volume.
Polygamy, justly denounced as “the true relic of barbarism” while slavery existed, has ever since the settlement of the Mormons in Utah, been one of the vexed questions in American politics. Laws passed for its suppression have proved, thus far, unavailing; troops could not crush it out, or did not at a time when battles were fought and won; United States Courts were powerless where juries could not be found to convict. Latterly a new and promising effort has been made for its suppression. This was begun in the Senate in the session of 1882. On the 16th of February a vote was taken by sections on Senator Edmunds’ bill, which like the law of 1862 is penal in its provisions, but directly aimed against the crime of polygamy.
President Arthur signed the Edmunds anti-polygamy bill on the 23d of March, 1882.
Delegate Cannon of Utah, was on the floor of the Senate electioneering against the bill, and he pled with some success, for several Democratic Senators made speeches against it. The Republicans were unanimously for the bill, and the Democrats were not solidly against it, though the general tenor of the debate on this side was against it.
Senator Vest (Democrat) of Missouri, said that never in the darkest days of the rule of the Tudors and Stuarts had any measure been advocated which came so near a bill of attainder as this one. It was monstrous to contend that the people of the United States were at the mercy of Congress without any appeal. If this bill passed it would establish a precedent that would come home to plague us for all time to come. The pressure against polygamy to-day might exist to-morrow against any church, institution or class in this broad land, and when the crested waves of prejudice and passion mounted high they would be told that the Congress of the United States had trampled upon the Constitution. In conclusion, he said: “I am prepared for the abuse and calumny that will follow any man who dares to criticise any bill against polygamy, and yet, if my official life had to terminate to-morrow, I would not give my vote for the unconstitutional principles contained in this bill.” Other speeches were made by Messrs. Morgan, Brown, Jones, of Florida, Saulsbury, Call, Pendleton, Sherman, and Lamar, and the debate was closed by Mr. Edmunds in an eloquent fifteen-minutes’ speech, in which he carefully reviewed and controverted the objections urged against the bill of the committee.
He showed great anxiety to have the measure disposed of at once and met a request from the Democratic side for a postponement till other features should be embodied in the bills with the remark that this was the policy that had hitherto proven a hindrance to legislation on this subject and that he was tired of it. In the bill as amended the following section provoked more opposition than any other, although the Senators refrained from making any particular mention of it: “That if any male person in a Territory or other place over which the United States have exclusive jurisdiction hereafter cohabits with more than one woman he shall be deemed guilty of a misdemeanor, and on conviction thereof he shall be punished by a fine of not more than $300 or by imprisonment for not more than six months, or by both said punishments in the discretion of the court.” The bill passed viva voce vote after a re-arrangement of its sections, one of the changes being that not more than three of the commissioners shall be members of the same party. The fact that the yeas and nays were not called, shows that there is no general desire on either side to make the bill a partisan measure.
The Edmunds Bill passed the House March 14, 1882, without material amendment, the Republican majority, refusing to allow the time asked by the Democrats for discussion. The vote was 193 for to only 45 against, all of the negative votes being Democratic save one, that of Jones, Greenbacker from Texas.
The only question was whether the bill, as passed by the Senate, would accomplish that object, and whether certain provisions of this bill did not provide a remedy which was worse than the disease. Many Democrats thought that the precedent of interfering with the right of suffrage at the polls, when the voter had not been tried and convicted of any crime, was so dangerous that they could not bring themselves to vote for the measure. Among these democrats were Belmont and Hewitt, of New York, and a number of others equally prominent. But they all professed their readiness to vote for any measure which would affect the abolition of polygamy without impairing the fundamental rights of citizens in other parts of the country.
Be it enacted, &c., That section 5,352 of the Revised Statutes of the United States be, and the same is hereby amended so as to read as follows, namely:
“Every person who has a husband or wife living who, in a Territory or other place over which the United States have exclusive jurisdiction, hereafter marries another, whether married or single, and any man who hereafter simultaneously, or on the same day, marries more than one woman; in a Territory or other place over which the United States has exclusive jurisdiction, is guilty of polygamy, and shall be punished by a fine of not more than $500 and by imprisonment for a term of not more than five years; but this section shall not extend to any person by reason of any former marriage whose husband or wife by such marriage shall have been absent for five successive years, and is not known to such person to be living, and is believed by such person to be dead, nor to any person by reason of any former marriage which shall have been dissolved by a valid decree of a competent court, nor to any person by reason of any former marriage which shall have been pronounced void by a valid decree of a competent court, on the ground of nullity of the marriage contract.”
Sec. 2. That the foregoing provisions shall not affect the prosecution or punishment of any offence already committed against the section amended by the first section of this act.
Sec. 3. That if any male person, in a Territory or other place over which the United States have exclusive jurisdiction, hereafter cohabits with more than one woman, he shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by a fine of not more than $300, or by imprisonment for not more than six months, or by both said punishments in the discretion of the court.
Sec. 4. That counts for any or all of the offences named in sections 1 and 3 of this act may be joined in the same information or indictment.
Sec. 5. That in any prosecution for bigamy, polygamy or unlawful cohabitation under any statute of the United States, it shall be sufficient cause of challenge to any person drawn or summoned as a juryman or talesman, first, that he is or has been living in the practice of bigamy, polygamy, or unlawful cohabitation with more than one woman, or that he is or has been guilty of an offence punishable by either of the foregoing sections or by section 5352 of the Revised Statutes of the United States or the act of July 1, 1862, entitled “An act to punish and prevent the practice of polygamy in the Territories of the United States and other places, and disapproving and annulling certain acts of the Legislative Assembly of the Territory of Utah;” or, second, that he believes it right for a man to have more than one living and undivorced wife at the same time, or to live in the practice of cohabiting with more than one woman, and any person appearing or offered as a juror or talesman and challenged on either of the foregoing grounds may be questioned on his oath as to the existence of any such cause of challenge, and other evidence may be introduced bearing upon the question raised by such challenge, and this question shall be tried by the court. But as to the first ground of challenge before mentioned the person challenged shall be bound to answer if he shall say upon his oath that he declines on the ground that his answer may tend to criminate himself, and if he shall answer to said first ground his answer shall not be given in evidence in any criminal prosecution against him for any offense named in sections 1 or 3 of this act, but if he declines to answer on any ground he shall be rejected as incompetent.
Sec. 6. That the President is hereby authorized to grant amnesty to such classes of offenders guilty before the passage of this act of bigamy, polygamy, or unlawful cohabitation before the passage of this act, on such conditions and under such limitations as he shall think proper; but no such amnesty shall have effect unless the conditions thereof shall be complied with.
Sec. 7. That the issue of bigamous or polygamous marriages known as Mormon marriages, in cases in which such marriages have been solemnized according to the ceremonies of the Mormon sect, in any Territory of the United States, and such issue shall have been born before the 1st day of January, A. D. 1883, are hereby legitimated.
Sec. 8. That no polygamist, bigamist, or any person cohabiting with more than one woman, and no woman cohabiting with any of the persons described as aforesaid in this section, in any Territory or other place over which the United States have exclusive jurisdiction, shall be entitled to vote at any election held in any such Territory or other place, or be eligible for election or appointment to or be entitled to hold any office or place of public trust, honor or emolument in, under, or for such Territory or place, or under the United States.
Sec. 9. That all the registration and election offices of every description in the Territory of Utah are hereby declared vacant, and each and every duty relating to the registration of voters, the conduct of elections, the receiving or rejection of votes, and the canvassing and returning of the same, and the issuing of certificates or other evidence of election in said Territory, shall, until other provision be made by the Legislative Assembly of said Territory as is hereinafter by this section provided, be performed under the existing laws of the United States and of said Territory by proper persons, who shall be appointed to execute such offices and perform such duties by a board of five persons, to be appointed by the President, by and with the advice and consent of the Senate, and not more than three of whom shall be members of one political party, and a majority of whom shall constitute a quorum. The members of said board so appointed by the President shall each receive a salary at the rate of $3,000 per annum, and shall continue in office until the Legislative Assembly of said Territory shall make provision for filling said offices as herein authorized. The secretary of the Territory shall be the secretary of said board, and keep a journal of its proceedings, and attest the action of said board under this section. The canvass and return of all the votes at elections in said Territory for members of the Legislative Assembly thereof shall also be returned to said board, which shall canvass all such returns and issue certificates of election to those persons who, being eligible for such election, shall appear to have been lawfully elected, which certificate shall be the only evidence of the right of such persons to sit in such Assembly: Provided, That said board of five persons shall not exclude any person otherwise eligible to vote from the polls on account of any opinion such person may entertain on the subject of bigamy or polygamy, nor shall they refuse to count any such vote on account of the opinion of the person casting it on the subject of bigamy or polygamy; but each house of such Assembly, after its organization, shall have power to decide upon the elections and qualifications of its members. And at or after the first meeting of said Legislative Assembly whose members shall have been elected and returned according to the provisions of this act, said Legislative Assembly may make such laws, conformable to the organic act of said Territory and not inconsistent with other laws of the United States, as it shall deem proper concerning the filling of the offices in said Territory declared vacant by this act.
John R. McBride writing in the February number (1882) of The International Review, gives an interesting and correct view of the obstacles which the Mormons have erected against the enforcement of United States laws in the Territory. It requires acquaintance with these facts to fully comprehend the difficulties in the way of what seems to most minds a very plain and easy task. Mr. McBride says: Their first care on arriving in Utah was to erect a “free and Independent State,” called the “State of Deseret.” It included in its nominal limits, not only all of Utah as it now is, but one-half of California, all of Nevada, part of Colorado, and a large portion of four other Territories now organized. Brigham Young was elected Governor, and its departments, legislative and judicial, were fully organized and put into operation. Its legislative acts were styled “ordinances,” and when Congress, disregarding the State organization, instituted a Territorial Government for Utah, the legislative body chosen by the Mormons adopted the ordinances of the “State of Deseret.” Many of these are yet on the statute book of Utah. They show conclusively the domination of the ecclesiastical idea, and how utterly insignificant in comparison was the power of the civil authority. They incorporated the Mormon Church into a body politic and corporate, and by the third section of the act gave it supreme authority over its members in everything temporal and spiritual, and assigned as a reason for so doing that it was because the powers confirmed were in “support of morality and virtue, and were founded on the revelations of the Lord.” Under this power to make laws and punish and forgive offenses, to hear and determine between brethren, the civil law was superseded. The decrees of the courts of this church, certified under seal, have been examined by the writer, and he found them exercising a jurisdiction without limit except that of appeal to the President of the church. That the assassinations of apostates, the massacres of the Morrisites at Morris Fort and of the Arkansas emigrants at Mountain Meadows, were all in pursuance of church decrees, more or less formal, no one acquainted with the system doubts. This act of incorporation was passed February 8, 1851, and is found in the latest compilation of Utah statutes. It is proper also to observe that, for many years after the erection of the Territorial Government by Congress, the “State of Deseret” organization was maintained by the Mormons, and collision was only prevented because Brigham was Governor of both, and found it unnecessary for his purpose to antagonize either. His church organization made both a shadow, while that was the substance of all authority. One of the earliest of their legislative acts was to organise a Surveyor-General’s Department,[41] and title to land was declared to be in the persons who held a certificate from that office.[42] Having instituted their own system of government and taken possession of the land, and assumed to distribute that in a system of their own, the next step was to vest certain leading men with the control of the timbers and waters of the country. By a series of acts granting lands, waters and timber to individuals, the twelve apostles became the practical proprietors of the better and more desirable portions of the country. By an ordinance dated October 4, 1851, there was granted to Brigham Young the “sole control of City Creek and Cañon for the sum of five hundred dollars.” By an ordinance dated January 9, 1850, the “waters of North Mill Creek and the waters of the Cañon next north” were granted to Heber C. Kimball. On the same day was granted to George A. Smith the “sole control of the cañons and timber of the east side of the ‘West Mountains’.” On the 18th of January, 1851, the North Cottonwood Cañon was granted exclusively to Williard Richards. On the 15th of January, 1851, the waters of the “main channel” of Mill Creek were donated to Brigham Young. On the 9th of December, 1850, there was granted to Ezra T. Benson the exclusive control of the waters of Twin Springs and Rock Springs, in Tooelle Valley; and on the 14th of January, 1851, to the same person was granted the control of all the cañons of the “West Mountain” and the timber therein. By the ordinance of September 14, 1850, a “general conference of the Church of Latter Day Saints” was authorized to elect thirteen men to become a corporation, to be called the Emigration Company; and to this company, elected exclusively by the church, was secured and appropriated the two islands in Salt Lake known as Antelope and Stansberry Islands, to be under the exclusive control of President Brigham Young. These examples are given to show that the right of the United States to the lands of Utah met no recognition by these people. They appropriated them, not only in a way to make the people slaves, but indicated their claim of sovereignty as superior to any. Young, Smith, Benson and Kimball were apostles. Richards was Brigham Young’s counselor. By an act of December 28, 1855, there was granted to the “University of the State of Deseret” a tract of land amounting to about five hundred acres, inside the city limits of Salt Lake City, without any reservation to the occupants whatever; and everywhere was the authority of the United States over the country and its soil and people utterly ignored.
Not satisfied with making the grants referred to, the Legislative Assembly entered upon a system of municipal incorporations, by which the fertile lands of the Territory were withdrawn from the operation of the preëmptive laws of Congress; and thus while they occupied these without title, non-Mormons were unable to make settlement on them, and they were thus engrossed to Mormon use. From a report made by the Commissioner of the General Land Office to the United States Senate,[43] it appears that the municipal corporations covered over 400,000 acres of the public lands, and over 600 square miles of territory. These lands[44] are not subject to either the Homestead or Preëmption laws, and thus the non-Mormon settler was prevented from attempting, except in rare instances, to secure any lands in Utah. The spirit which prompted this course is well illustrated by an instance which was the subject of an investigation in the Land Department, and the proofs are found in the document just referred to. George Q. Cannon, the late Mormon delegate in Congress, was called to exercise his duties as an apostle to the Tooelle “Stake” at the city of Grantville. In a discourse on Sunday, the 20th day of July, 1875, Mr. Cannon said:[45] “God has given us (meaning the Mormon people) this land, and, if any outsider shall come in to take land which we claim, a piece six feet by two is all they are entitled to, and that will last them to all eternity.”
By measures and threats like these have the Mormons unlawfully controlled the agricultural lands of the Territory and excluded therefrom the dissenting settler. The attempt of the United States to establish a Surveyor-General’s office in Utah in 1855, and to survey the lands in view of disposing of them according to law, was met by such opposition that Mr. Burr, the Surveyor-General, was compelled to fly for life. The monuments of surveys made by his order were destroyed, and the records were supposed to have met a like fate, but were afterwards restored by Brigham Young to the Government. The report of his experience by Mr. Burr was instrumental in causing troops to be sent in 1857 to assert the authority of the Government. When this army, consisting of regular troops, was on the way to Utah, Brigham Young, as Governor, issued a proclamation, dated September 15, 1857, declaring martial law and ordering the people of the Territory to hold themselves in readiness to march to repel the invaders, and on the 29th of September following addressed the commander of United States forces an order forbidding him to enter the Territory, and directing him to retire from it by the same route he had come. Further evidence of the Mormon claim that they were independent is perhaps unnecessary. The treasonable character of the local organization is manifest. It is this organization that controls, not only the people who belong to it, but the 30,000 non-Mormons who now reside in Utah.
Every member of the territorial Legislature is a Mormon. Every county officer is a Mormon. Every territorial officer is a Mormon, except such as are appointive. The schools provided by law and supported by taxation are Mormon. The teachers are Mormon, and the sectarian catechism affirming the revelations of Joseph Smith is regularly taught therein. The municipal corporations are under the control of Mormons. In the hands of this bigoted class all the material interests of the Territory are left, subject only to such checks as a Federal Governor and a Federal judiciary can impose. From beyond the sea they import some thousands of ignorant converts annually, and, while the non-Mormons are increasing, they are overwhelmed by the muddy tide of fanaticism shipped in upon them. The suffrage has been bestowed upon all classes by a statute so general that the ballot-box is filled with a mass of votes which repels the free citizen from the exercise of that right. If a Gentile is chosen to the Legislature (two or three such instances have occurred), he is not admitted to the seat, although the act of Congress (June 23, 1874) requires the Territory to pay all the expenses of the enforcement of the laws of the Territory, and of the care of persons convicted of offenses against the laws of the Territory. Provision is made for jurors’ fees in criminal cases only, and none is made for the care of criminals.[46] While Congress pays the legislative expenses, amounting to $20,000 per session, the Legislature defiantly refuses to comply with the laws which its members are sworn to support. And the same body, though failing to protect the marriage bond by any law whatever requiring any solemnities for entering it, provided a divorce act which practically allowed marriages to be annulled at will.[47] Neither seduction, adultery nor incest find penalty or recognition in its legal code. The purity of home is destroyed by the beastly practice of plural marriage, and the brows of innocent children are branded with the stain of bastardy to gratify the lust which cares naught for its victims. Twenty-eight of the thirty-six members of the present Legislature of Utah are reported as having from two to seven wives each. While the Government of the United States is paying these men their mileage and per diem as law-makers in Utah, those guilty of the same offense outside of Utah are leading the lives of felons in convict cells. For eight years a Mormon delegate has sat in the capitol at Washington having four living wives in his harem in Utah, and at the same time, under the shadow of that capitol, lingers in a felon’s prison a man who had been guilty of marrying a woman while another wife was still living.
For thirty years have the Mormons been trusted to correct these evils and put themselves in harmony with the balance of civilized mankind. This they have refused to do. Planting themselves in the heart of the continent, they have persistently defied the laws of the land, the laws of modern society, and the teachings of a common humanity. They degrade woman to the office of a breeding animal, and, after depriving her of all property rights in her husband’s estate,[48] all control of her children,[49] they, with ostentation, bestow upon her the ballot in a way that makes it a nullity if contested, and compels her to use it to perpetuate her own degradation if she avails herself of it.
No power has been given to the Mormon Hierarchy that has not been abused. The right of representation in the legislative councils has been violated in the apportionment of members so as to disfranchise the non-Mormon class.[50] The system of revenue and taxation was for twenty-five years a system of confiscation and extortion.[51] The courts were so organized and controlled that they were but the organs of the church oppressions and ministers of its vengeance.[52] The legal profession was abolished by a statute that prohibited a lawyer from recovering on any contract for service, and allowed every person to appear as an attorney in any court.[53] The attorney was compelled to present “all the facts in the case,” whether for or against his client, and a refusal to disclose the confidential communications of the latter subjected the attorney to fine and imprisonment.[54] No law book except the statutes of Utah and of the United States, “when applicable,” was permitted to be read in any court by an attorney, and the citation of a decision of the Supreme Court of the United States, or even a quotation from the Bible, in the trial of any cause, subjected a lawyer to fine and imprisonment.[55]
The practitioners of medicine were equally assailed by legislation. The use of the most important remedies known to modern medical science, including all anæsthetics, was prohibited except under conditions which made their use impossible, “and if death followed” the administration of these remedies, the person administering them was declared guilty of manslaughter or murder.[56] The Legislative Assembly is but an organized conspiracy against the national law, and an obstacle in the way of the advancement of its own people. For sixteen years it refused to lay its enactments before Congress, and they were only obtained by a joint resolution demanding them. Once in armed rebellion against the authority of the nation, the Mormons have always secretly struggled for, as they have openly prophesied, its entire overthrow. Standing thus in the pathway of the material growth and development of the Territory, a disgrace to the balance of the country, with no redeeming virtue to plead for further indulgence, this travesty of a local government demands radical and speedy reform.
If it was not shrewdly surmised before it is now known that had President Garfield lived he intended to make his administration brilliant at home and abroad—a view confirmed by the policy conceived by Secretary Blaine and sanctioned, it must be presumed, by President Garfield. This policy looked to closer commercial and political relations with all of the Republics on this Hemisphere, as developed in the following quotations from a correspondence, the publication of which lacks completeness because of delays in transmitting all of it to Congress.
Ex-Secretary Blaine on the 3d of January sent the following letter to President Arthur:
“The suggestion of a congress of all the American nations to assemble in the city of Washington for the purpose of agreeing on such a basis of arbitration for international troubles as would remove all possibility of war in the Western hemisphere was warmly approved by your predecessor. The assassination of July 2 prevented his issuing the invitations to the American States. After your accession to the Presidency I acquainted you with the project and submitted to you a draft for such an invitation. You received the suggestion with the most appreciative consideration, and after carefully examining the form of the invitation directed that it be sent. It was accordingly dispatched in November to the independent governments of America North and South, including all, from the Empire of Brazil to the smallest republic. In a communication addressed by the present Secretary of State on January 9, to Mr. Trescot and recently sent to the Senate I was greatly surprised to find a proposition looking to the annulment of these invitations, and I was still more surprised when I read the reasons assigned. If I correctly apprehend the meaning of his words it is that we might offend some European powers if we should hold in the United States a congress of the “selected nationalities” of America.
“This is certainly a new position for the United States to assume, and one which I earnestly beg you will not permit this government to occupy. The European powers assemble in congress whenever an object seems to them of sufficient importance to justify it. I have never heard of their consulting the government of the United States in regard to the propriety of their so assembling, nor have I ever known of their inviting an American representative to be present. Nor would there, in my judgment, be any good reason for their so doing. Two Presidents of the United States in the year 1881 adjudged it to be expedient that the American powers should meet in congress for the sole purpose of agreeing upon some basis for arbitration of differences that may arise between them and for the prevention, as far as possible, of war in the future. If that movement is now to be arrested for fear that it may give offense in Europe, the voluntary humiliation of this government could not be more complete, unless we should press the European governments for the privilege of holding the congress. I cannot conceive how the United States could be placed in a less enviable position than would be secured by sending in November a cordial invitation to all the American governments to meet in Washington for the sole purpose of concerting measures of peace and in January recalling the invitation for fear that it might create “jealousy and ill will” on the part of monarchical governments in Europe. It would be difficult to devise a more effective mode for making enemies of the American Government and it would certainly not add to our prestige in the European world. Nor can I see, Mr. President, how European governments should feel “jealousy and ill will” towards the United States because of an effort on our own part to assure lasting peace between the nations of America, unless, indeed, it be to the interest of European power that American nations should at intervals fall into war and bring reproach on republican government. But from that very circumstance I see an additional and powerful motive for the American Governments to be at peace among themselves.
“The United States is indeed at peace with all the world, as Mr. Frelinghuysen well says, but there are and have been serious troubles between other American nations. Peru, Chili and Bolivia have been for more than two years engaged in a desperate conflict. It was the fortunate intervention of the United States last spring that averted war between Chili and the Argentine Republic. Guatemala is at this moment asking the United States to interpose its good offices with Mexico to keep off war. These important facts were all communicated in your late message to Congress. It is the existence or the menace of these wars that influenced President Garfield, and as I supposed influenced yourself, to desire a friendly conference of all the nations of America to devise methods of permanent peace and consequent prosperity for all. Shall the United States now turn back, hold aloof and refuse to exert its great moral power for the advantage of its weaker neighbors?
If you have not formally and finally recalled the invitations to the Peace Congress, Mr. President, I beg you to consider well the effect of so doing. The invitation was not mine. It was yours. I performed only the part of the Secretary—to advise and to draft. You spoke in the name of the United States to each of the independent nations of America. To revoke that invitation for any cause would be embarrassing; to revoke it for the avowed fear of “jealousy and ill will” on the part of European powers would appeal as little to American pride as to American hospitality. Those you have invited may decline, and having now cause to doubt their welcome will, perhaps, do so. This would break up the congress, but it would not touch our dignity.
“Beyond the philanthropic and Christian ends to be obtained by an American conference devoted to peace and good will among men, we might well hope for material advantages, as the result of a better understanding and closer friendship with the nation of America. At present the condition of trade between the United States and its American neighbors is unsatisfactory to us, and even deplorable. According to the official statistics of our own Treasury Department, the balance against us in that trade last year was $120,000,000—a sum greater than the yearly product of all the gold and silver mines in the United States. This vast balance was paid by us in foreign exchange, and a very large proportion of it went to England, where shipments of cotton, provisions and breadstuffs supplied the money. If anything should change or check the balance in our favor in European trade our commercial exchanges with Spanish America would drain us of our reserve of gold at a rate exceeding $100,000,000 per annum, and would probably precipitate a suspension of specie payment in this country. Such a result at home might be worse than a little jealousy and ill-will abroad. I do not say, Mr. President, that the holding of a peace congress will necessarily change the currents of trade, but it will bring us into kindly relations with all the American nations; it will promote the reign of peace and law and order; it will increase production and consumption and will stimulate the demand for articles which American manufacturers can furnish with profit. It will at all events be a friendly and auspicious beginning in the direction of American influence and American trade in a large field which we have hitherto greatly neglected and which has been practically monopolized by our commercial rivals in Europe.
As Mr. Frelinghuysen’s dispatch, foreshadowing the abandonment of the peace congress, has been made public, I deem it a matter of propriety and justice to give this letter to the press.