The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-05-25
THE DEBATE.
Confirmation EOf the Cannon
Campbell Contest in the
House.
MouItOn's Argument.
Continued from Wednesdays Daily.

Continued from Wednesdays Ddtty.
Now, my friend in his report goes on
further to amplify his words, as folio "s
And with reference to tne election OF
delegates who If they hold any office or
franchise at slD can be nothing but
agents representing the property and
common territory OF all the ,peopl'i 1t
operstes only on the lower braLch of
Congress, FIR their election extends no
right to them to interfere with the bust
ness of the Senate, or to act IS mem bers
thereof
Now, under the Constitution, Congress
can make all needful rules and reguls-
tions in relation to the territories. 1t has
been decided that Congress is the SO e
Judge of this power. If this is SO, why
cannot Congress pass law, if it deems it
necessary, defining the qualifications of
Delegates as necessary and proper for the
regulation of the territories? This right
and power has never before been ques
toned, and when Congress passes such a
law it is binding on this House and every
branch OF The government.
The view of the minority upon the
question is this, that this House can i'm
pose qualifications upon delegate: II can
fix limitations with reference to dele
gates, and when the House has made the
qualifications that have been mGde by
the passage of general law already re-
ferred to, providing that the Constitu-
ton of the United States shall operate in
sll of the Territories so far as applicable,
that that act and by that law they did fix
and establish qualifications and limits-
tons and by that act they adopted the
Constitution as part of the statute law,
suppose they had put it in another form;
suppose they had put it in this form, and
had passed statute adopting and re-
stating the very language of the Consti-
tuition giving delegate the same quallf-
cations that the Constitution requires for
mem ers of Congress. and that ne must
possess these qualifications before he
could take his seat. would like to have
my friends upon the other eide say
whether that would not be q valid law
passed by Congress and binding upon
This House until repealed by an act of
Congress. What is the reason 1t would
not?
But suppose we take the other viaw OF
! the csse, and admit Tor the sake Of the
argument that the Constitution is inap-
! plicable, that it has no relevancy, and
does lot apply to the case, then what is
! the condition. Why, we are placed IN
this condition: that Congress has passed
q law, as hsve already stated, that the
territories shall have the right to send
! delegates here to take their seats upon
the floor. Now. if they have not pre-
scribed any qualifications for the dele
gates and the constitutional provision
doe not operate, what standard do you
fix? Is the standard Capitalization TO be
wholly ar binary and at the caprice of each
succeeding House? Now, does not this
follow SIS q logical conclusion from the
premises that where you have fixed no
qualifications, no limitations, where you
have not said who shall or who shall no!
hold the seat, or whether he shall be
white or black; the people Of the Terri
tories are judges of the matter for them
selves, and select the persons whom they
desire to send here To represent their
interests? Congress specifies no quslifca
/ ton. Then the rights of the people as to
| the Delegate are absolute, and this has
been the theory and practice for ninety
years. The people have the right to stand
upon the law; they have the right to rely
upon what is nominated in the bond"
What rule will you apply when they are
| given the right to have q seat here, and
come clothed with all Of the power
necessary to occupy it?
It seems to me that if you take the
ground that the Constitution does not ap-
ply, then this consequence, as I have
stated, necessarily follows. that you have
said to tie people ofthst Territory, "You
shall have the absolute right to send q
Delegate here of your own selection to
take his seat under his oath of Office, and
you may exercise the right; but if the
| Delegate does not suit US we will not
permit him to take his seat" I ask
again, and I ask my friend upon the
opposite side Of the question, to say, if
they can, when this man comes holding
such credentials as q Delegate, whether
you can apply the constitutional proVi-
sion 10 him as to qualification that you
apply to those who represent the people
of the States? And why not apply the
same rule You say in answer: He i:
outside of the Constitution; he is but the
very agent of the Territory; he come;
with just such powers as the law clothe;
him with, and no more or less" Thi!
we think no answer. The law could have
fixed qualifications, but it did not, and
therefore the presumption is that Con
gress did not intend to prescribe quslificR
tons for Delegates.
The law simply says to the people
judge Cor yourselves, send up the mar
whom you desire to represent your inter
ests, and he shall have seat. say tina
if there is no qualification prescribed By
the law you cannot exclude him, the
man whom the people have sent, after
you have permitted them to send him an6
be holds the certificate Of bis election anG
comes here claiming his right to seat
This House, under the law, has no power
to exclude. Why now, fer the first time
after the Delegate appears, apply sddi'
tionsl qualifications and say that if he !:
s polygsmist, Catholic, Methodist, OF
an atheist he shall not be seated, when
there was no such provision Ia the law
By the operation of that law that bind:
Congress, that binds every body, he is en-
titled TO come here, and, no Limitations
or qualifications having been specified, /:
entitled to his seat. There are m8ny
instances OF the operation of law upon
| thai principle, which are known to every
lawyer, and the law is to be construed
according TO the language and import
and nothing can be added 10 it by mere
construction changing the law. Therefore
whether you take the fact that the
Constitution hiss applied to him and the
qualifications therein specified operate
upon him, or whether you exclude thai
+hoY7obt ar ;1ao or uhatheT he oopn q,