The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-04-27
THE DEBATE.
Continuation Of the Cannon.
Campbell Contest in the
House.
Conclusion of Haze1tOn'l
Argument.
CONTINUED from Wednesdays Daily

lSOntluueu from w eQnesQay's Daily.
Now, sir, let US apply that rule as ar
gued here by my friend from Alabama,
Mr.. Herbert and he must vote with II
on this question as he argued; because be
took that position honestly as one of the
best lawyers in the south. Do you know
that IN the supreme court of the state oil
New Hampshire, where it is provided
their judges shall hold Office during good
behavior, they have been struck down in
the midst Of their terms Of Office twice or
three times in the organization and re-
organization of the courts of thst state?
They were compelled to fOrego their
salaries; they were compelled to step out
and seek employment elsewhere, while
new men, at the dictstion OF the popular
will, took their places 10 new court and
upon new organization under the law.
Why? Because those courts were created
by the statutes Of the state of New Hamp-
shire. and because they were the creatures
of the will of that state, and they lived
only so long as the people of that state in
their legislative capacity were disposed
to let them live; and they had to bow to
the dictate Of that sovereign will if it
destroyed them, when it was indicsted
through their legislative ensctments.
Now take this very case here, where Mr..
Cannon ssys he hes $4,000 votes. He is
a delegate under our law, ss I stated, rot
under the constitution; the creature of
our will, naked in our hands, 10 be de-
stroyed or lifted up as we choose. Under
the whole theory of the law, and all the
precedents Of this Congress, where does
he stand to-day under this great act, this
bill which has already become an enact
ment of this government, which says he
shall not hold any Office or place of pub
lie trust? I am arguing that by q ma
jority vote we made that lew which
strikes down polygamy like a potter's
vessel, which sweeps away ali the polit-
zeal power it can exercise in the republic
at our will; that law which goes out from
US in all lis vitality and power, or the
majority will of this body. Tell me that
we cannot strike him down with the
same power and the same majority!
Tell me that he can stand under the
constitution, where he was never placed,
and say, "you require two-thirds vote
to reject me or expel mep I say the
power is clear. l say he must stand or
fall whenever we choose to put quslif-
cation upon him or q disqualification
upon him. Some gentlemen may say
why We have general law; the law
which have read here, passed by Con-
gress and approved by the President,
which gives the people Of Utah the right
TO delegate. Is there any power of law
that can rob US of sovereign power IN
der the constitution higher than that
which says each House shall be the
Judge of the elections, returns, and quail.
ifcations Of It's own mem bers? Can Con-
Of that constitutional power, or impair it,
Or diminish it2
Mr.. House-Does the gentleman held |
hat that clause of the Constitution ap-
plies to delegated
Mr.. HazletOn-I do not care whether
It does or not.
Mr.. House-I merely desired to know
What the gentlemsn's position was.
Mr.. Hazelton-What I say is this:
That certain distinguished gentlemen
Who oppose me are occupying position
which I confront. What is it? Why,
hat Congress having passed this law
hat 1 have just read, section 1862 Of the
Revised Statutes.
Every territory shall have the right
o send delegate to the House of Repre-
entatives, etc."
I am confronted by my opponents on
his question with the position that this
nan Cannon can rest under that law of
congress, and that we, being one body
f that Congress, can impose no disquali-
cation, can exercise no exclusive power
, put him out or put him in because he
an stand under the law as his protec-
on. Now, confront that proposition !
is not necessary for me to admit or :
eny anything in response to the cues y,
on just put by the gentleman from ;
ennessee.
Mr.. House.-The gentleman from I.
Wisconsin will pardon me. I under !
GOD him to quote that clause Of the
institution as barrier to this House to
ass any law prescribing the qualifca-
ons of delegate from territory. ,
low, the question put to the gentle !
ian is very plain one. Does the gentle =
ian hold that that clause OF the consti-
ltlon which gives Congress the right to
Idge OF the elections, the returns, and Z
Publications of Its members applies to q
elegate from territory? I merely wish !
get the genteman's position without :
terrupting hislsrgument.
Mr.. HazeltOn.-l will give it. l under =
and the gentlemsn's point. That has
zen held to be so by parity Of reasoning
certain cases. But nv position Is
lis-and l desire to take it and have II
ldersto0d fully and clearly, as eater .
in it myself; Notwithstanding that
ause of the constitution gives Us power !
yer members, hold, I will say to my =
lend from Tennessee, that in dealing
lth delegate we are not bound by it or Z
'ntrolled by it, but that without any re- =
lrd to any qualifications put down in ?
at, as question of power on our part, Z
, is absolutely within our control and I
our will. Now does the gentleman q
lderstAnd my position. u
Mr.. HOuse-I do. But I do not under q
and how the gentleman quotes that =
2use Of the constitution as q barrier.
Mr. Hazelton-Generally, I say: q
neraliy, that being a power given as,
| exclusive power, we could not pass a -
" to take 1t sway or to impair If or u
ssken it, because it is q distinet plensrv p
hstlsu1lonaI power. 1 Am srguing this y
amen OF the case upon positions taken =
tnose VINO oppose me; and when they .
slst thst they stand upon and rest the Is
Sc OF NJ. cannon upon this law, then u
meet them II my own way upon those 8
oposltlons' mat Is what I am saving. q
ow! 70 ne tne power to deal with this a
.estIoh On Inc part of the American =
'ngress Is snnciently clear. The case "
w comes up, and every man LARGELY OF
MS own Judgment must decide the Ut
estlon' oome men msv saw that OF