The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-05-18
THE DEBATE.
of the Cam n
Campbell Contest in {"
House.
Jacobs argument.

Continued from Wednesdays Daily
But the time has gone by forever wher
any interest will be strong enough II
compel such q construction sRain. Ant
we, of the north, who aessiled 1t with the
zeal that comes from conviction, An6
you, of the south, who defended 1t Will
the courage of lions and the fury OF "a
uatics, even to the pulling down OF tn'
temple of our liberties over our nesos
now that that fever dream is over we ar
discussing the powers and relations o
Congress to the territories IN better anC
more phllOsophic spirit, and are suostan'
TALLY agreed that that decision was par
of the old syetem, AMI that the organic
change which swept that way buried also
this doctrine under the results OF the war
AS Paschal says in bis notes on the
constitution:
Congress las sill the power Of legisla
ton which may be necessary and proper
to guarantee the principles Of republican
government, and to ensure the erection
and admission Of new states with those
Justice Curtis in the bred Scott case
saws, and his reasoning may now be re-
Rarded as settled law:
If. then, this clause does contain q
power to legislste respecting the territory,
what are the limits of that powerP
To this answer that in common with
81! the other legislative powers OF Con-
gress it finds limits 10 the express pIohl-
bition of Congress not to do certain
things; cannot pass an &c POST fGcto law
nor bill of sttsinder, etc. Besides this
the rules and regulations must be need
fal. But undoubtedly the question
whether q particular rule or regulation
be needful must be finally determined by
Congress itself. Whether law be need
full is q legislative or political, not judi
cisl question.
Whatever Congress deems needful ls
go under the grant Of power.
cannot doubt that this is 8 power to
govern the inhabitants of the terrltor .
by euch laws az Congress deems neeGful
until they obtain admission as state
Chancellor Kent SAYS:
With respect tn the vast territories be-
longing to the United States, Congress
have assumed to exercise over them SUI
preme acts of sovereignty. Exclusive
and unlimited power OF legislation Is
given to Congress by the constitution and
sanctioned by judicial decision. The
general sovereignty existing in the gov
eminent of the United States over its ter
ritories is founded on the constitution
which declares ''that Congress shall have
the power to dispose of aud make all
needful rules and regulations respecting
the territories. -
Cooley, 10 his work on Constitutional
Limitations, page 80, says:
l. The people of the several territories
may form for themselves state constitu'
tions whenever enabling acts for that
purpose are passed by congress, bat only
in the manner allowed by those enabling
acts and through the action Of such per
sons as the enabling act shall elothe with
the elective franchise to that end.
II the people of territory shall OF
their own motion, without such enabling
act, meet in convention, frame and adop.
constitution, and demand ad-
mission to the Union under it,
such action does not entitle them
as q meter of right to be recognized
as state; but the power that can admit
can also refuse, and the territorial status
must be continued until Congress shall
be satisfied to suffer the Territory to be-
come a state. There are always in these
cases questions Of policy as we'll as of
constitutional law to be determined by
the Congress before admission becomes q
matter of right For example, whether
the Constitution formed is republican;
whether any inveterate evil
exists in the Territory which is now sub
j ect to control, but which might be per-
petrated under state government"
Now, if the two sections Of the Consti-
tuition already referred to be read to-
gether, they may be parsphrased ss fol-
lows:
"Congress shall have power to make
all such needful rules AMI regulations re-
specting the territories as will entitle
them at the proper time TO be admitted
by the Congress into this Union, Wi b 8
government republican in form and prae-
tice and principles "
The Constitution assumes pre-eXist-,
ing government republican in form, and
that it shall be maintained.
The Constitution assumes that the
political unit known as territory shall
be so info med and pervsded by the
practice and principles of republican
thSt it may be admitted into
the Union.
And this places Congress in loco
parents to the infant states, commits TO
Its care their training, to guide their steps
and watch their growth to the end that
they may adopt the practice and princi
Piles as we'll as the form of republican
The Unitad States cannot
long hold this great Territory, with Its
population, as colony, and 1t
becomes the duty Of Congress to so gov
e1n and mold it that it may be fit for self
government.
"The census bureau has completed its
estimate of the population of Utah Ter
ritory, classified as Mormons, Gentiles,
spostates, JosephiteS, and doubtful. OF
the Mormons there are 100, 2S3, nearly
$4,000 Of whom are more than Il years
old. Of the Gentiles there are only a..
l56, of whom little more than one-half
are more than q years old. There are
{. 9SS spostate Mormoas, $50 Josephite
Mormons, and 1,716 persons who are
as doubtful. Of the Mormons
nearly 81, 600 are of foreign BIRTH"
But had she q million Of inhabitants
within her borders to-day, and resources
TO her population, and
stood knocking at our doors for admiss ion,
bearing in her hands republican form
of government, but with this mighty sys-
tenn of polygsmy standing in the shadow
behind, usurping in reality all the func-