Speech #470053173

It cannot be used as evidence because it was not taken as the statute prescribes. Every argument made in favor of the acceptance of that statement is the merest begging of the question. The contestee had the right to demand an investigation into the legality of every ballot cast as well as the qualifications of each elector. and especially so when we find in evidence this strange law upon the statutebook of Utah. then and now in force. which is not only inviolation of the laws of Congress but in violation of the Constitution of the United States. attempting as it does to enlarge the naturalization laws and to confer not only the right of citizenship but the right of suffrage upon those whom the laws of Congress and the Constitution of the United States say shall not be admitted either to suffrage or citizenship. Let me read that law. It is the act of February 12. 1870. section 43. chapter 2. and reads as follows: That every woman of the age of twentyone years who has resided in the Territory six months next preceding any general election. born or naturalized in the United States. or who is a wife or daughter of a nativeborn ornsturalized citizen. of the United States. shall be entitled to vote at any election in this Territory. Now. under this law twothirds. it is admitted and the evidence clearly shows it. of the votes cast at that time were cast by persons who had been made electors under and by virtue of the Territorial law of Utah. and that alone. It is a Territorial law. as I have already said. in violation of the laws of Congress and of the Constitution of the United States. It attempts to establish a basis in the Territory of Utah as to the rights of citizenship. It confers the right of suffrage not only upon a class not entitled to the right of suffrage under the laws of the United States but it attempts to establish in the Territory of Utah that they shall take their naturalization by inoculation and not by the action of courts as prescribed in the laws. I insist that whenever you come to this. when you have taken the matter out of the hands of the courts and put it into the hands of every man who has more wives than one to determine. and the more wives he can take and the more naturalized citizens he can thereby bring to the polls the more Democratic votes you are sure to get i the Territory of Utah. That is the very way to get them. Yon have taken the power to naturalize citizens from the hands of the courts and have put it into the hands of this lustful set of men who have more than one wife. the majority of them. and who would not be satisfied if they had fifty just about the day of election. These fraudulent votes claimed to control the election. The contestee has been denied the right of proving their illegality.