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 the 16th president of the United States, serving from 1861 until Assassination of Abraham Lincoln, his assassination in 1865. He led the United States through the American Civil War ...

, an anti-

polygamy Polygamy (from Late Greek , "state of marriage to many spouses") is the practice of marriage, marrying multiple spouses. When a man is married to more than one wife at the same time, it is called polygyny. When a woman is married to more tha ...

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 st ...

, 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 *Cumberl ...

New Jersey New Jersey is a U.S. state, state located in both the Mid-Atlantic States, Mid-Atlantic and Northeastern United States, Northeastern regions of the United States. Located at the geographic hub of the urban area, heavily urbanized Northeas ...

United States The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...

. on March 2, 1831. He moved to

Sangamon County Sangamon County is a county located near the center of the U.S. state of Illinois. According to the 2020 census, it had a population of 196,343. Its county seat and largest city is Springfield, the state capital. Sangamon County is includ ...

Illinois Illinois ( ) is a U.S. state, state in the Midwestern United States, Midwestern United States. It borders on Lake Michigan to its northeast, the Mississippi River to its west, and the Wabash River, Wabash and Ohio River, Ohio rivers to its ...

in the 1850s and worked on a farm before going to school at

McKendree College McKendree University (McK), formerly McKendree College, is a private university in Lebanon, Illinois, United States. Founded in 1828 as the "Lebanon Seminary", it is the oldest college or university in Illinois. The school was renamed McKendree ...

Lebanon, Illinois Lebanon is a city in St. Clair County, Illinois, United States. The population was 4,691 at the 2020 census It is a part of the Metro East region of the Greater St. Louis metropolitan area. Lebanon is home to McKendree University, the oldest ...

. After graduating, he taught school around the state.

Illinois law career

Zane went to

Springfield, Illinois Springfield is the List of capitals in the United States, capital city of the U.S. state of Illinois. Its population was 114,394 at the 2020 United States census, which makes it the state's List of cities in Illinois, seventh-most populous cit ...

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. The president directs the Federal government of the United States#Executive branch, executive branch of the Federal government of t ...

, however, Zane replaced him as William H. Herndon's law partner. Zane later partnered with

Shelby M. Cullom Shelby Moore Cullom (November 22, 1829 – January 28, 1914) was an American politician who served in the United States House of Representatives, the United States Senate and as the 17th Governor of Illinois. He was Illinois's longest serving s ...

, 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 the 21st president of the United States, serving from 1881 to 1885. He was a Republican from New York who previously served as the 20th vice president under President James A. ...

appointed Zane chief justice of the

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 or SLC, is the capital and most populous city of the U.S. state of Utah. It is the county seat of Salt Lake County, the most populous county in the state. The city is the core of the Salt Lake Ci ...

), as well as his Supreme Court post. Zane made his name as an opponent of polygamy with his sentencing of

Rudger Clawson Rudger Clawson (March 12, 1857 – June 21, 1943) was a member of the Quorum of the Twelve Apostles of the Church of Jesus Christ of Latter-day Saints (LDS Church) from 1898 until his death in 1943. He also served as President of the Quorum of t ...

, 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 denomination, religious and ethnocultural group, 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 d ...

, Zane seemed a fanatic bent on destroying thousands of families, along with the church itself. The ''

Deseret News The ''Deseret News'' () is a multi-platform newspaper based in Salt Lake City, published by Deseret News Publishing Company, a subsidiary of Deseret Management Corporation, which is owned by the Church of Jesus Christ of Latter-day Saints (LDS ...

'' 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 an American attorney and Republican politician who represented the state of Vermont in the United States Senate from 1866 to 1891. He was a candidate for the Republican president ...

Vermont Vermont () is a U.S. state, state in the New England region of the Northeastern United States. It borders Massachusetts to the south, New Hampshire to the east, New York (state), New York to the west, and the Provinces and territories of Ca ...

, a leading critic of polygamy, pushed a bill in 1882 that

disenfranchised Disfranchisement, also disenfranchisement (which has become more common since 1982) 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 someo ...

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, punis ...

, 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 the 23rd president of the United States, serving from 1889 to 1893. He was a member of the Harrison family of Virginia—a grandson of the ninth president, William Henry Harrison, and a ...

"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 ...

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 (LD ...

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

External links

*
Charles Shuster Zane autobiography, MSS 707
at L. Tom Perry Special Collections, Harold B. Lee Library,

Brigham Young University Brigham Young University (BYU) is a Private education, private research university in Provo, Utah, United States. It was founded in 1875 by religious leader Brigham Young and is the flagship university of the Church Educational System sponsore ...

{{DEFAULTSORT:Zane, Charles S. 1831 births 1915 deaths Illinois state court judges Justices of the Utah Supreme Court Lawyers from Cumberland County, New Jersey Lawyers from Springfield, Illinois Politicians from Salt Lake City Utah Territorial judges 19th-century Illinois state court judges Chief justices of the Utah Supreme Court

Early life and education

Illinois law career

Utah Supreme Court

References

Further reading

External links