Charles S. Zane
Encyclopedia
Charles S. Zane was a legal associate of Abraham Lincoln
, an anti-polygamy
judge in the Territorial Supreme Court in Utah
, and the first Chief Justice of the Utah Supreme Court
after statehood.
, New Jersey
, United States
. on March 2, 1831. He moved to Sangamon County
, Illinois
in the 1850s and worked on a farm before going to school at McKendree College in Lebanon, Illinois
. After graduating, he taught school around the state.
in July 1856. He was admitted to practice law 1857. He was elected city attorney in 1858, 1860, and 1865. He applied to study law at Abraham Lincoln's firm, but was turned down. After Lincoln's election to President of the United States
, however, Zane replaced him as William H. Herndon's law partner. Zane later partnered with Shelby M. Cullom, until elected Illinois' Fifth Circuit judge, a post he filled from 1875 to 1883.
appointed Zane chief justice of the Utah Supreme Court
in 1884. He had been nominated by Senator Cullom.
Zane arrived in August 1884, and was assigned to the Third Judicial District (Salt Lake City), as well as his Supreme Court post. Zane made his name as an opponent of polygamy with his sentencing of Rudger Clawson
, who had been convicted of both polygamy and illegal cohabitation.
Zane convicted hundreds of people for illegal cohabitation or polygamy. To most Mormons, Zane seemed a fanatic bent on destroying thousands of families, along with the church itself. The Deseret News called Zane's actions part of a "judicial anti-Mormon crusade."
Prior Utah Supreme Court Chief Justices, including James B. McKean
, commissioned in 1870, had tried to fight polygamy, but met with little success, since the elected officials and members of grand jury panels were Mormons and supporters of polygamy. Sen. George Edmunds of Vermont
, a leading critic of polygamy, pushed a bill in 1882 that disenfranchised
polygamists and called for an electoral commission to supervise Utah elections. The Edmunds Act
, strengthened by the Edmunds-Tucker Act
of 1887 which dissolved the corporation of the LDS church, became the legal tool Zane could use against polygamists.
Zane continued his prosecutions until July 1888, when the more lenient Elliott Sandford replaced him on the high court. In May 1889, Zane was returned to the bench by President Benjamin Harrison
and resumed polygamy prosecutions. LDS President Wilford Woodruff
's 1890 Manifesto
renounced polygamy, and Zane said he regarded the manifesto "as an authoritative expression of the Church of Jesus Christ of Latter-Day Saints against the practice of polygamy." The cases continued, however.
When his term ended in 1893 he remained in Utah. He was one of the first three justices elected to the Utah State Supreme Court, serving from 1896 to 1899.
He died in the home of his daughter, Margaret Zane Cherdon, in Salt Lake City, on March 29, 1915.
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
, an anti-polygamy
Latter Day Saint polygamy in the late 19th century
Possibly as early as the 1830s, followers of the Latter Day Saint movement , were practicing the doctrine of polygamy or "plural marriage"...
judge in the Territorial Supreme Court in Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
, and the first Chief Justice of the Utah Supreme Court
Utah Supreme Court
The Utah Supreme Court is the supreme court of the state of Utah, USA. It has final authority of interpretation of the Utah Constitution. The Utah Supreme Court is composed of five members: a chief justice, an associate chief justice, and three justices. All justices are appointed by the governor...
after statehood.
Early life and education
Charles Shuster Zane was born in Cumberland CountyCumberland County, New Jersey
Cumberland County is a county located in the U.S. state of New Jersey. As of the 2010 Census, the population is 156,898. Its county seat is Bridgeton. Cumberland County is named for Prince William, Duke of Cumberland....
, New Jersey
New Jersey
New Jersey is a state in the Northeastern and Middle Atlantic regions of the United States. , its population was 8,791,894. It is bordered on the north and east by the state of New York, on the southeast and south by the Atlantic Ocean, on the west by Pennsylvania and on the southwest by Delaware...
, United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. on March 2, 1831. He moved to Sangamon County
Sangamon County, Illinois
Sangamon County is a county located in the U.S. state of Illinois. According to the 2010 census, it has a population of 197,465, which is an increase of 4.5% from 188,951 in 2000...
, Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
in the 1850s and worked on a farm before going to school at McKendree College in Lebanon, Illinois
Lebanon, Illinois
Lebanon is a city in St. Clair County, Illinois, United States. The population was 3,523 at the 2000 census. Like many other places in "Little Egypt" or Southern Illinois, Lebanon was named after the Middle Eastern country of the same name. It is a part of the Metro-East region of the Greater St...
. After graduating, he taught school around the state.
Illinois law career
Zane went to Springfield, IllinoisSpringfield, Illinois
Springfield is the third and current capital of the US state of Illinois and the county seat of Sangamon County with a population of 117,400 , making it the sixth most populated city in the state and the second most populated Illinois city outside of the Chicago Metropolitan Area...
in July 1856. He was admitted to practice law 1857. He was elected city attorney in 1858, 1860, and 1865. He applied to study law at Abraham Lincoln's firm, but was turned down. After Lincoln's election to President of the United States
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
, however, Zane replaced him as William H. Herndon's law partner. Zane later partnered with Shelby M. Cullom, until elected Illinois' Fifth Circuit judge, a post he filled from 1875 to 1883.
Utah Supreme Court
Republican President Chester A. ArthurChester A. Arthur
Chester Alan Arthur was the 21st President of the United States . Becoming President after the assassination of President James A. Garfield, Arthur struggled to overcome suspicions of his beginnings as a politician from the New York City Republican machine, succeeding at that task by embracing...
appointed Zane chief justice of the Utah Supreme Court
Utah Supreme Court
The Utah Supreme Court is the supreme court of the state of Utah, USA. It has final authority of interpretation of the Utah Constitution. The Utah Supreme Court is composed of five members: a chief justice, an associate chief justice, and three justices. All justices are appointed by the governor...
in 1884. He had been nominated by Senator Cullom.
Zane arrived in August 1884, and was assigned to the Third Judicial District (Salt Lake City), as well as his Supreme Court post. Zane made his name as an opponent of polygamy with his sentencing of Rudger Clawson
Rudger Clawson
Rudger Judd Clawson was a member of the Quorum of the Twelve Apostles of The Church of Jesus Christ of Latter-day Saints from 1898 until his death in 1943...
, who had been convicted of both polygamy and illegal cohabitation.
Zane convicted hundreds of people for illegal cohabitation or polygamy. To most Mormons, Zane seemed a fanatic bent on destroying thousands of families, along with the church itself. The Deseret News called Zane's actions part of a "judicial anti-Mormon crusade."
Prior Utah Supreme Court Chief Justices, including James B. McKean
James B. McKean
James Bedell McKean was an American politician from New York and Utah.-Early life:He was one of the professors in Jonesville Academy for some time...
, commissioned in 1870, had tried to fight polygamy, but met with little success, since the elected officials and members of grand jury panels were Mormons and supporters of polygamy. Sen. George Edmunds of Vermont
Vermont
Vermont is a state in the New England region of the northeastern United States of America. The state ranks 43rd in land area, , and 45th in total area. Its population according to the 2010 census, 630,337, is the second smallest in the country, larger only than Wyoming. It is the only New England...
, a leading critic of polygamy, pushed a bill in 1882 that disenfranchised
Disfranchisement
Disfranchisement is the revocation of the right of suffrage of a person or group of people, or rendering a person's vote less effective, or ineffective...
polygamists and called for an electoral commission to supervise Utah elections. The Edmunds Act
Edmunds Act
The Edmunds Act, also known as the Edmunds Anti-Polygamy Act of 1882, is a United States federal statute, signed into law on March 23, 1882, declaring polygamy a felony. The act is named for U.S. Senator George F. Edmunds of Vermont...
, strengthened by the Edmunds-Tucker Act
Edmunds-Tucker Act
The Edmunds–Tucker Act of 1887 was passed in response to the dispute between the United States Congress and The Church of Jesus Christ of Latter-day Saints regarding polygamy. The act is found in US Code Title 48 & 1461, full text as 24 Stat. 635, with this annotation to be interpreted as Volume...
of 1887 which dissolved the corporation of the LDS church, became the legal tool Zane could use against polygamists.
Zane continued his prosecutions until July 1888, when the more lenient Elliott Sandford replaced him on the high court. In May 1889, Zane was returned to the bench by President Benjamin Harrison
Benjamin Harrison
Benjamin Harrison was the 23rd President of the United States . Harrison, a grandson of President William Henry Harrison, was born in North Bend, Ohio, and moved to Indianapolis, Indiana at age 21, eventually becoming a prominent politician there...
and resumed polygamy prosecutions. LDS President Wilford Woodruff
Wilford Woodruff
Wilford Woodruff, Sr. was the fourth president of The Church of Jesus Christ of Latter-day Saints from 1889 until his death...
's 1890 Manifesto
1890 Manifesto
The "1890 Manifesto", sometimes simply called "The Manifesto", is a statement which officially disavowed the continuing practice of plural marriage in The Church of Jesus Christ of Latter-day Saints...
renounced polygamy, and Zane said he regarded the manifesto "as an authoritative expression of the Church of Jesus Christ of Latter-Day Saints against the practice of polygamy." The cases continued, however.
When his term ended in 1893 he remained in Utah. He was one of the first three justices elected to the Utah State Supreme Court, serving from 1896 to 1899.
He died in the home of his daughter, Margaret Zane Cherdon, in Salt Lake City, on March 29, 1915.
Additional reading
- Thomas G. Alexander, "Charles S. Zane, Apostle of the New Era," Utah Historical Quarterly 34 (1966); Salt Lake Tribune, November 4, 1884.