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Charles Shuster Zane (March 2, 1831 – March 29, 1915) was a legal associate of
Abraham Lincoln Abraham Lincoln ( ; February 12, 1809 – April 15, 1865) was an American lawyer, politician, and statesman who served as the 16th president of the United States from 1861 until his assassination in 1865. Lincoln led the nation thro ...
, an anti-
polygamy Crimes Polygamy (from Late Greek (') "state of marriage to many spouses") is the practice of marrying multiple spouses. When a man is married to more than one wife at the same time, sociologists call this polygyny. When a woman is married ...
judge in the Territorial Supreme Court in
Utah Territory The Territory of Utah was an organized incorporated territory of the United States that existed from September 9, 1850, until January 4, 1896, when the final extent of the territory was admitted to the Union as the State of Utah, the 45th state. ...
, and the first chief justice of the
Utah Supreme Court The Utah Supreme Court is the supreme court of the state of Utah, United States. 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, ...
after statehood.


Early life and education

Charles S. Zane was born in
Cumberland County Cumberland County may refer to: Australia * Cumberland County, New South Wales * the former name of Cumberland Land District, Tasmania, Australia Canada *Cumberland County, Nova Scotia United Kingdom *Cumberland, historic county *Cumberlan ...
,
New Jersey New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...
,
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...
. on March 2, 1831. He moved to
Sangamon County Sangamon County is located in the center of the U.S. state of Illinois. According to the 2010 census, it had a population of 197,465. Its county seat and largest city is Springfield, the state capital. Sangamon County is included in the S ...
,
Illinois Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. Its largest metropolitan areas include the Chicago metropolitan area, and the Metro East section, of Greater St. Louis. Other smaller metropolita ...
in the 1850s and worked on a farm before going to school at
McKendree College McKendree University (McK) is a private university in Lebanon, Illinois. Founded in 1828 as the Lebanon Seminary, it is the oldest college or university in Illinois. McKendree enrolls approximately 2,300 undergraduates and nearly 700 graduate ...
in
Lebanon, Illinois Lebanon is a city in St. Clair County, Illinois, United States. The population was 4,418 at the 2010 census and had decreased to an estimated 4,256 as of 2018. Like many other places in " Little Egypt" or Southern Illinois, Lebanon was named afte ...
. After graduating, he taught school around the state.


Illinois law career

Zane went to
Springfield, Illinois Springfield is the capital of the U.S. state of Illinois and the county seat and largest city of Sangamon County. The city's population was 114,394 at the 2020 census, which makes it the state's seventh most-populous city, the second largest o ...
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 The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the executive branch of the federal government and is the commander-in-chief of the United Stat ...
, however, Zane replaced him as
William H. Herndon William Henry Herndon (December 25, 1818 – March 18, 1891) was a law partner and biographer of President Abraham Lincoln. He was an early member of the new United States Republican Party, Republican Party and was elected mayor of Springfield, ...
's law partner. Zane later partnered with
Shelby M. Cullom Shelby Moore Cullom (November 22, 1829 – January 28, 1914) was a U.S. political figure, serving in various offices, including the United States House of Representatives, the United States Senate and the 17th Governor of Illinois. Life and ca ...
, until elected Illinois' Fifth Circuit judge, a post he filled from 1875 to 1883.Utah History to Go
Justice Zane and Antipolygamy, Jeffrey D. Nichols, History Blazer, September 1995


Utah Supreme Court

Republican President
Chester A. Arthur Chester Alan Arthur (October 5, 1829 – November 18, 1886) was an American lawyer and politician who served as the 21st president of the United States from 1881 to 1885. He previously served as the 20th vice president under President James ...
appointed Zane chief justice of the
Utah Territory The Territory of Utah was an organized incorporated territory of the United States that existed from September 9, 1850, until January 4, 1896, when the final extent of the territory was admitted to the Union as the State of Utah, the 45th state. ...
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 Salt Lake City (often shortened to Salt Lake and abbreviated as SLC) is the Capital (political), capital and List of cities and towns in Utah, most populous city of Utah, United States. It is the county seat, seat of Salt Lake County, Utah, Sal ...
), 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 Mormons are a religious and cultural group related to Mormonism, the principal branch of the Latter Day Saint movement started by Joseph Smith in upstate New York during the 1820s. After Smith's death in 1844, the movement split into several ...
, Zane seemed a fanatic bent on destroying thousands of families, along with the church itself. The ''
Deseret News The ''Deseret News'' () is the oldest continuously operating publication in the American west. Its multi-platform products feature journalism and commentary across the fields of politics, culture, family life, faith, sports, and entertainment. Th ...
'' 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 George Franklin Edmunds (February 1, 1828February 27, 1919) was a Republican U.S. Senator from Vermont. Before entering the U.S. Senate, he served in a number of high-profile positions, including Speaker of the Vermont House of Representatives ...
of
Vermont Vermont () is a state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York to the west, and the Canadian province of Quebec to ...
, a leading critic of polygamy, pushed a bill in 1882 that
disenfranchised Disfranchisement, also called disenfranchisement, or voter disqualification is the restriction of suffrage (the right to vote) of a person or group of people, or a practice that has the effect of preventing a person exercising the right to vote. D ...
polygamists and called for an electoral commission to supervise Utah elections. The
Edmunds Act The Edmunds Act, also known as the Edmunds Anti-Polygamy Act of 1882,U.S.History.com is a United States federal statute, signed into law on March 23, 1882 by President Chester A. Arthur, declaring polygamy a felony in federal territories. The 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 Benjamin Harrison (August 20, 1833March 13, 1901) was an American lawyer and politician who served as the 23rd president of the United States from 1889 to 1893. He was a member of the Harrison family of Virginia–a grandson of the ninth pr ...
"Policy Overriding Law; Why the Utah Chief Justice was Removed. The President Laying Out a 'Policy' For the Bench, as Shown in the Removal of Judge Sandford."
''New York Times'', June 10, 1889
and resumed polygamy prosecutions. LDS President
Wilford Woodruff Wilford Woodruff Sr. (March 1, 1807September 2, 1898) was an American religious leader who served as the fourth president of the Church of Jesus Christ of Latter-day Saints (LDS Church) from 1889 until his death. He ended the public practice of ...
's
1890 Manifesto The 1890 Manifesto (also known as the Woodruff Manifesto, the Anti-polygamy Manifesto, or simply "the Manifesto") is a statement which officially advised against any future plural marriage in the Church of Jesus Christ of Latter-day Saints (LDS ...
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.


References


Further reading

*Thomas G. Alexander
"Charles S. Zane, Apostle of the New Era"
''Utah Historical Quarterly'' 34 (1966); ''
Salt Lake Tribune ''The Salt Lake Tribune'' is a newspaper published in the city of Salt Lake City, Utah. The ''Tribune'' is owned by The Salt Lake Tribune, Inc., a non-profit corporation. The newspaper's motto is "Utah's Independent Voice Since 1871." History A ...
'', November 4, 1884.


External links

*
Charles Shuster Zane autobiography, MSS 707
at L. Tom Perry Special Collections,
Harold B. Lee Library The Harold B. Lee Library (HBLL) is the main academic library of Brigham Young University (BYU) located in Provo, Utah. The library started as a small collection of books in the president's office in 1876 before moving in 1891. The Heber J. Gr ...
,
Brigham Young University Brigham Young University (BYU, sometimes referred to colloquially as The Y) is a private research university in Provo, Utah. It was founded in 1875 by religious leader Brigham Young and is sponsored by the Church of Jesus Christ of Latter-day ...
{{DEFAULTSORT:Zane, Charles S. 1831 births 1915 deaths Illinois state court judges Justices of the Utah Supreme Court People from Cumberland County, New Jersey Lawyers from Springfield, Illinois Politicians from Salt Lake City Utah Territorial judges 19th-century American judges Chief Justices of the Utah Supreme Court