The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-05-10
THE DEBATE.
Continuation of the Cannon
Campbell Contest in the
House.
BeI'zhoOver's argument.
Continued from Monday.


A member Of Congress is chosen I'M
DER section 2. article l of the ConstI'u-
ton, which provides that
The House of Representatives shall be
composed of members chosen every sec,
ond- year by the people OF the several
states, and the electors in each state
shall hsve the qualifications requisite Tor
electors Of the most numerous OraHcn OF
the state legislature. No person shall be
a representative who shall not have al
tanned The sge of twenty-five years and
been seven years q citizen OF The United
States, and who shall not, when elected
be an inhabitant of the state IN which he
shall be chosen.
This specifically and definitely and in
dubiLabiy fixes how and where and ey
whom members OF Congress shall be
chosen and Whist qualifications they must
imperativeIy have. mo person shall be
o representative" &C., without these
qualifications.
A delegate is chosen under section 1852
of The Revised Statutes, which provides
that
Every territory shall have the right TO
send q delegate to the House of Represen-
tstives OF the United States, to serve dur
ing each Congress, who shall be elected
By the voters of the territory qualified TO
elect members ofthe Legislative Assem-
bly, thereof. The person having the
greatest number Of votes shall be declared
By the governor duly elected, and q GER
tifcAte shall be given accordingly.
Every such delegate shall have seat in
the House Of Representatives, with the
rtrhk Of dahofipn, hIYf not IF voting
This fully and very clearly provides
how delegates shall be chosen and what
power they shall have. but does not exact
or provide any qualifications or hint at
Ray. This is the same provision substsn-
TALLY which has been made for delegates
from 1857 down 10 this time. The pro-
vision in the act of July 49, 1857, for the
government of the northwest territory, is
that the joint assembly Of that territory
"shall have authority. by Joint ballot, TO
elect q delegate to Congress, who shall
have q seat in Congress with the right Of
debating. but not of voting"
These few marked points OF distiL ction
between the two officers not only show
tina. the constitutional qualifications for
mem bers do not apply to DELE gates, but
that none of the legislation which has
ever been enacted on the subject seems
to have been founded on the belief that
they did.
Mr.. Atherton and Mr.. Jones, with
three other mem bers of the committee on
elections urgently recommend the sd-
of a delegate from the territory of
In their report making this
recommendation, they say:
sits people ask protection and consid-
Grafton, and to this end have elected and
sent here delegate to represent them in
this Congress, and bring before Congress
the wants Of the territory. He bears
with him the credentials of election, aud
q certificate that he was so electe1, not
bearing, it is true, the seal o; state, nor
the signature of governor. The pRople
have neither; nor does the law require
that he should present such certificate.
He is not a representative BIT delegate,
delegated by the inhabitants, who have
been guaranteed the rights of ali other
and to his qualification to be so
this House is the sole and only
Judge. Congress has done so before, and
in support of this, ever unwilling to de-
prive any people of their civil or polit cal
rights, and where these rights exist, al
though for sllime suspended, there must
be remedy, and that remedy is with
Congress. At the second session Of the
Third Congress, 1874, James White pre-
sented his credentials, claiming " be
delegate from the territory south Of the
Ohio River, then not organized"
This territory of Alaska is a vast, un-
domain-R wilderness, with
out any Of the most remote attempts ct
formal government. It has no Census or
other evidence Of its resources or popula-
ton. Yet these gentlemen who want to
exact the qualifications of q member of
Congress for q delegate from Utah here
use language and make q recommends
ion which shows that they go even fur
her than any who have preceded them In
holding that delegate is IN no respect
ike member of Congress, but is mere
agent and business factotum OF q terri
.ory. That Territory may, as has been
held in very many cases. contain mere
handful Of population. Alaska has only
Lz9 white people and possibly 10000
aative savages. Dakota, when admitted
as territory, had only 2.576 inhabitants.
Nevada had very few more.
In Whites case, Clark q Hall S5-9l,
-eferred to and replied upon IN the
Alaska case, it was decided that the right
If the inhabitants of territories entitled to
elect delegates is secured by compacts
and ordinances of the United States and
not by the Constitution, and the rights and
powers and duties of such delegates from
he territories are so widely different from
hose Of memb ers Of Congress that 1.-THE
path required Of members Of Congress
cannot be exscted of them" Mr.. Msdi-
ION, who is presumed to have known
something Of the spirit and compass of
he Federal Constitution, and Mr.. Day
ON and other distinguished gentlemen
who debated thst case, clearly
held and showed that delegates were
IN no possible respect constl-
sutional officers. The whole debate IN
Whites case, participated IN by the men
who made the Constitution and form
1lated the ordinance in reference to the
territories, shows more clearly than any
present argument can what was reg arded
IN thst day as the status OF delegates
from the territories.
In Smiths case, Bartlett, 1l2, it.wss
decided that the admission of delegates
depends upon the will of Congress. Mr..
Carter in his argument in that case,
10. ll5. SAYS: ga delegate from any
territory is not an officer provided for By
the Constitution and when admitted 10
The floor discharges no constitutional
duties.
HOW HAS CONGRESS REGARDED REGULA-
TONS PROVIDED FOR THE TER
RTToRTEs9