The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-05-17

apply to delegates, because they hold NJ
constitutional Office. It is equally cleal
that the clause of the Constitution rela-
tive to elections, returns, and aualifca
tions of members has no applicability
except by parity OF reasoning; and We Ok
not dissent from the view that, go far a,
qualification of citizenship and other ne,
cessary qualifications Except as to age
a.e concerned, they extend to delegate,
az we'll as to members. (Sectior IeOf
Revised Statutes. United s ates. This /,
inside 81, probably by the statute. Ex-
pTessly so TO all the territories, excent n
t. Utah Territory, and inferentialiy to
that territory. It follows, as logical
sequence, that the House may at sny
time, By majority vote. exclude from
the limited membership which, it now
extends to delegates from territories anv
person whom it may judge to be unfit fol
anv reason TO hold seat as a delegate.
But, Mr.. Spesker, l invite the atten-
ton of The House to another feature Of
the legal aspects Of the case under con-
sidersliou 1t must be conceded that il
this House has lost it's original, inherent,
and unlimited power under the Constitu-
ton to attach whstever conditions il
deemed expedient to the admission of g
delegate from this Territory Oi Utah, il
lost it by reason OF the enactment of the
provisions Of the act of 1850 organizing
that territory. 1t will be observed that
section IA of that act, after providing the
manner OF the election of delegate. de-
clares the pc son having the greatest
number OF votes shall be declared by the
governor to be duly elected, and eertiG-
cate thereof to be given accordingly
And there it stops.
Whether thus by emitting to provide,
as provided by the general act of 1917,
that "every such delegate shall have &
seat IN the House of Representatives,
with the right to debate, but not to vote, I"
Congress intended, even at that early
day, IN anticipation of the unprecedented
and snomal ous social and political con-
dltlon likely to arise in this particular
case, 10 pI eserve to the House. when the
duly elected delegate, as in this case. pre-
scented himself at the bar for admission,
the unem barrassed authority to receive or
reject him, as its constitutional duty to so
govern the territory as to fit it for admis-
sion as state might seem 10 REQUIRE. is a
question worthy, perhaps, of cohsidera-
ton.
But again, in considering the act Of
1850 according to the settled rules of con-
structien. section II ust in any event be
construed, as was insisted by the gentle
man from Tennessee, as qualified by the
subsequent section 16, declaring
That the Constitution and laws of the
Unite1 States are hereby extended over
and declared to be in force in said Terri
tory Of Utah, so far as the same or any
provision thereof may be applicable.
And the report Of the minority in
quires, "Npw, Why is the provision of the
Constitution relating to the qualification
Of mem beFs not applicable to the territor-
iesP" And so it may be so far as it goes.
And the reason why it is not applicable
to he case of delegate to the extent of
reducing the House to the narrow rule
prescribed by the Constitution for the ad-
mission OF members from the states, is
that the status and rights Of the state are
fixed and certain by its admission into
the Union, while territory, being q state
IN embryo, with ever-shifting conditions,
is subject in addition to those provisions
Of the Constitution applicable TO the
states, to the unlimited power and duty of
Congress "to make all needful rules and
regulations for the territories"
Now, it is commended that this pro-
vision Of the act must be held to relate TO
that part Of the Constitution only which
treats Of the qualifications Of mem bers of
Congress. But by its terms every pro-
vision of the Constitution applicable to
the proper government of the ter
ritory Is made a part Of the act
of organization. And even this was
work Of supererogation. For whether
the act said so or not, Congress had DO
power by any act of legislation 70 throw
off the discharge Of any duty imposed
upon 1t by the Constitution.
And by the act of 1850 it was not un-
dertaken to do go, but on the other hand
needlessly and in express terms declared
It's purpose to govern the Territory in
obedience to each and every requirement
OF the Constitution applicable to the facts
and circumstances of the particular case.
Whether these provisions then relate
to the personal qualifications Of the claim
ant or not is net necessarily material,
for II they relate to any other fact or cir
cumsiance pertinent to the execution by
Congress Of any duty imposed by the
organic law with regard to the Territory,
then this House on its part is bound TO
The performance of that duty, even
though it involve the abrogAtioa of its
previous action.
But, as l have shown, every pOWerand
every duty imposed upon Congress by
the Constitution is expressly reserved by
section IL of the act.
Judge Curtis says in Scott US. Sanford:
I" w hethar q 10 % no GDoad fI1p IA q lpOiala.
tive or political and not q Judicial ques-
tlon." This House, as l shall attempt to
show, has no more warrant under the
Constitution to give aid or sanction or
recognition to the unrepublican system
that in reality dominates and governs the
Territory Of Utah, by admitting It's am
bassador to seat on this floor, than it
would hSve, under the same circum-
stances, to admit Utah as a member Of
the federal Union.
The Constitution declares:
The Congress shall have power TO dis
pose of and make all needful rules and
respecting the territory OF
other property belonging to the United
States.
Then follows 10 logical order the pro-
vision:
The United STATS shall guarantee to
each state republican form Of govern
ment.
These provisions must be construed
together. The first was clearly intended
to deVolva upon Congress the duty of
and governing the territories,
and as incident 10 the discharge of that