You have seen Mr. Kearns—this semblance of a man that in nothing resembles a senator—rise in his place and attitudinize to fit the phrases of his adopted speech before the gaze of this great nation while he denounced the use of Church influence in politics; and now you hear him say that if he had only adopted the methods charged against him in obtaining his first election with the present "Church monarch," he might have retained this honorable seat in the senate "with dishonor." Would he solicit Church influence? the influence of the President of the Church, for his re-election? Certainly not! Such a thing never entered his politically pious mind! Yet, knowing full well the seriousness of the charge I make, I say to this great audience and would say it to the people of the United States if my voice could reach them, and that upon my word of honor, that this man, ex-Senator Kearns, notwithstanding all his lofty utterances, both directly and indirectly, too, sought that very influence for re-election which now he affects to scorn. He, by personal application to President Joseph F. Smith, sought it in the City of Washington, when President Smith was there to testify before the Senate committee on privileges and elections. He sought for that influence in Salt Lake City, sought it personally of the President of the Church, and received the grand reply, "We are not in politics." He sought Church influence indirectly, through what was intended to be the good offices of a fellow senator, whose influence rests upon the same basis as his own, the influence of wealth. Not only once did he thus seek it, but on several occasions. Yet he stands in his place in the Senate and declares that "No man can retain this seat from Utah and retain his self-respect after he discovers the methods by which his election is procured and the objects which the Church monarch intends to achieve!" Still, while in possession of all the knowledge he has now as to the methods and objects of the Mormon Church leaders, Mr. Kearns sought that influence which he says even to be the innocent recipient of would be dishonor!
In what light does this man now stand before the people of this state and of the United States? To say that his course was one of lying and hypocrisy would but faintly describe it; but these terms, weak as they are, may be thrust into the very throat of him, "as deep as to the lungs." Let him pluck them out if he can!
Not only did Mr. Kearns seek Church influence in order to encompass his own re-election, but the Tribune war made upon the Mormon Church was begun and carried forward in his interests; in the hope that the present leaders of the Church could be frightened into supporting him for re-dec-lion. I thank God that he found those whom he could not frighten; whatever else comes of it, I thank the Lord for that.
THE RECOMMENDATIONS OF EX-SENATOR KEARNS.
In concluding his adopted speech the ex-senator suggests a remedy for all our Utah ills; and of course there is none of us who would question his ability to tell the senate just what ought to be done to a state that will no longer have Mr. Kearns for its senator.
The recommendation in substance is this:
Notice must be served upon the Church leaders that they must live within the law. That notice was received a long time ago; and the Mormon Church leaders not only received the notice, but acquiesced in it, too. Prest. Wilford Woodruff received an inspired word that relieved the Church of the burden of maintaining in practice a principle which before then had been regarded as a duty to maintain, in practice as well as in faith. Thus the way was opened for the Mormon leaders to make a concession to the sentiment of the people of the United States, and to the laws of Congress. It is realized by the Mormon leaders also that even if they could they cannot with profit nor to the advantage of the community treat with defiance those laws of the state which prohibit polygamous living. But while that is the case, those involved in that system of marriage which was taught as a divine institution for more than a generation in Utah, have the common rights that belong to those who enjoy the privileges of our free institutions, including home rule, and the administration of the law according to the sentiments of the people where they reside, just as they have the right to be tried by juries of the vicinage where it is alleged the laws are broken. If that local, popular sentiment shall decide that it would be against public policy and the welfare of a large class of the community to rigidly enforce those laws, then I say they are entitled to that clemency. It is for that very reason that home rule in government is so precious a boon, and so necessary to the preservation of the liberties of the people. It is not just that those involved in the Mormon marriage system shall be put in jeopardy of fines and imprisonment by a contemptible spotter and spy, merely an employee of the lowest sensational paper in the United States, the very worst of yellow journals. They have a right to be free from that kind of oppression, and to be subject to the law as administered in harmony with the American spirit of law administration.
COMMENT OF THE EX-SENATOR'S RECOMMENDATIONS.
Some one will say, however, that there are violators of the law in Utah; and that, too, in relation to new marriages since the issuance of the Manifesto, and since the admission of the state into the Union. If that be true, if all that is claimed in relation to it be true, (but that is not admitted,) then why not execute the law against those who have violated it, and who have broken, so far as they are concerned, the pledge that was given by the state on this subject? Why not prosecute them, and not attempt to do what Edmund Burke a long time ago declared he knew not the method of, namely, to draw an indictment against, an entire people? In other states are not the laws violated? And who is held responsible for that violation? The whole community who are not parties to the violation 'of the law? No; the absurdity of that appears upon the face of it. Why should the people of Utah be judged by a standard different from that by which would be judged the people of Ohio, or the people of Pennsylvania, or the people of Montana? From the first Utah has suffered from this kind of treatment. Every murder that was committed in the community in early days was charged to the "Mormon" Church. When there was a hanging in Montana, or a throat cutting in Nevada, or a lynching bee in Wyoming, the parties concerned were the ones indicted and compelled to bear the burden of their awful crime; but if such a thing happened in Utah, the "Mormon" Church must be involved. And so now in these alleged violations of the law concerning polygamous marriages, the Church is made a party to the transgressions of individuals.
I say that the State of Utah has kept the compact that she made with the people of the United States. When she said as she did say in her Constitution that polygamous or plural marriages shall forever be prohibited and provided for the punishment of such crimes, the State of Utah could not guarantee that every one would obey the law, any more than the inhabitants of Arizona, when they say through the law that horse thieves shall be imprisoned, can engage that a horse shall never again be stolen in that territory, and no horse thief ever escape. What they do mean to say is that if such a crime is committed, and the parties are arraigned under the processes of the law, they shall meet the just penalty of their acts under the law. That is alt they are pledged to do. And so I say concerning those in Utah who may violate the laws, they are amenable to the laws of the state, and if brought before the courts, and the evidence is sufficient, there can be no doubt but they will be punished. But those who are accused of crime have a right to the protection of the forms and processes of the law; and they can not be hailed before a judge and cast into prison merely because sensational charges are made against them in sensational anti-Mormon newspapers; or because Madames Rumor and Neighborhood Gossip say they are guilty as charged. Let the men guilty of violation of the law bear their own burdens.
The people of Utah have neither lot nor part in their offense; and it is an infamy, the like of which is not matched elsewhere in our nation, to attempt to throw the responsibility of their wrong doing upon the great mass of the citizens of Utah, upon the state, or upon the Mormon Church, when they are not parties to their crimes. So long as there is no attempt to change or annul the compact that the people of Utah entered into with the people of the United States, which compact is found consummated in the Constitution of our state, as demanded by the terms of the Enabling act, and so long as no effort is made to shield those who violate the law, so long the people of Utah are keeping their pledges.
Now a few words in conclusion. We find ourselves a very cosmopolitan community in Utah, gathered from all parts of the world, of all sects and persuasions in religion, of all parties in politics, engaged in all of the