The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-05-26

l understand this full and exhaustiy
report was drawn up by Judge Field anc
subscribed by these distinguished iurists
Iney nave said in the strongest langusg,
that this House has no right to inauir,
whether the applicant was guilty
or bribery, whether he was a drunk
ara or not whether he was an adultereI
or polygamlst, but that the only question
when they have to inquire into il
whether he received majority of thf
legal votes cast and came here under the
provisions of the Constitution and thr
law.
1t was upon that ground, Mr.. Speaker
that the gentleman from Tennessee (Mr
PettiboneJ said that if Mr.. Cannon cams
! here as a member instead of delegate
be would be bound to vote to admit him
l have al eady shown that the Constitn.
lion and laws apply precisely the ssme
rule to a delegate that they do to q mem.
Der.
Now, the people who send man here
are better judges of the qualifications and
ability and integrity of the man thew
send than this House possibly can be.
Why? This house seems TO exhibit a
molly horror against any one who is a
criminal or charged with an offense
coming within Its sacred precincts.
say 1t Is we'll known that murderers
have sat IN this House, that those guilty
OF bribery and convicted on the fl or of
this House have retained their seats.
Herbert, Of o. lifornia, who killed q man
IN cold blood in this city, voted on the
last roll-call of the House, after it was
known to everybody he had committed
cold b!ooded murder. Matteson. of
New York, who had accepted bride,
and on an investigation by the House re-
signed bis seat to prevent expulsion, was
sfterward elected and took his seat in this
House, notwithstanding resolution was
offered that the question should be in
CURED into. The House gave it the 90
by, and that notorious briber, wEo had
dlsgraced this House, and who ould
have been excluded from it bv two
thirds vote if Le had not resigned. was
allowed to remain in your midst, and you
were bound to receive him under the
Constitution.
1 say the ouly standard which can be
set up here is the standard of the law,
and that law fixes the same qualifications
for delegate it does for a mem Der. This
House Is bound by the law, and DO such
heresy ought to be permitted that one
House of Congress can ignore the law
made by previous Congress and signed
by the executive.
There is another thing l should like to
call the attention of the House to. 1t is
matter IN which this whole question
OF polyghmy as a disqualification has
been discussed. l will send it to the
clerk to be read. 1t is from the case Of
Maxwell Us. Cannon, decided in the
Forty third Congress, when the same
question was made as to his polygamy.
You had no holy horror Of his polygamist
relations then.
The clerk will read what the commit
tee say.
The CLERK read as follows:
"Thst George @. Cannon Is not quail
fed 10 represent said territory, or to hold
his sest in the Forty-third Congress, for
he reason, as shown by the evidence that
he, on and before the day Of the election
in August, 1872, was openly living and
cohabiting with four women,a as his wives,
in Salt Lake City, in Utah Territory,
and he is still living and cohabiting with
them"
On the question of qualifications, and
the effect of making the Constitution q
part of the law by act of Congress, the
committee say:
1T being conceded that the contestee
has these q Qualifications, one other inquiry
only under this head remains, to-wit:
Does the same rule apply in considering
the case Of delegate as 3 member of
this House! This question seems not to
have been raised heretofore. The act or
ganizing the Territory of Utah, approved
Septem Der 9, 1850, enscts that the Con-
stitutien and laws of the United States are
hereby extended over and declared to he
In force in said Territory of Utah, so far
as the same or any provision thereof may
be applicable. 1t was said on the srgu-
ment that the Constitution cannot be ex-
tended over the Territories by act of Con-
gress, and the views of Mr.. Webster were
quoted in support of this position.
"We do not deem it necessary to con-
slider that question, because it will not be
denied that Congress had the power to
make the Constitution part of the statu-
tory law Of the territory as much as any
portion of the organic act thereof. For
the purposes of this inquiry it makes no
difference whether the Constitution is to
be treated as constitutional or statutory
Law. If either, it is entitled to be consid-
cred in disposing of this case"
Upon this point there does not re EN- to
have been any difference of opinion in the
The committee in the same case, refer |
ing to the question of polygamy, say;
The question raised in the specifca-
ion of contestants counsel, and above
is grave one, and unques-
iOnably demands the consideration OF the
House. This committee, while having no
iesire 10 shrink from its investigation,
lnds itself confronted with the question
If Jurisdiction under the order referring
he case.
"The committee on elections was or
ssnlzed under, and pursuant to, article l,
section 8. OF the Constitution, which de-
,lsres: Each House shall be the judge of
he elections, returns and qualifications Of
Is own MEMBERS The first standing
committee appointed by the House OF
was the committee on
elections: 1t was chosen by ballot, on
he 18th day Of April, 1879; and from that
Ime to this, In The vast multitude of
Eases considered by it, with few unim-
exceptions, in which the point
Gems to have ESCAPED notice, the range
u us inquiry has been limited to the ex-
,cution OF the power conferred by the
above provision of the Constitution.
"What are the qualifications here men
Toned and referred to the committee on
elections? Clearly, the constitutional
la sII to-wit. that the claimant