The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-06-01
THE DEBATE.
Confirmation Of che CaHn NJ
Campbell CONTEXT in tax
House.
CaIkins' Argument.
Continued from Wednesdaa,s Daily

| Llon 20 tue nouse n6Q lnlenorQ TO So h
nit purely legal argument, and no
extend my remarks to any phase Of tn,
case net Fstrictly within the record; bu
the remarks made by the contestant il
this case must not allow to pass Withsu
challenge. do not wish to De sonsid
| cred Rs having struck an unnecessary
blow at man or q perple WHO now seen
ct least not to be in the ascendancy; but
l deem it just TO history, just TO the peo
pie Of the United States, and just 10 The
people whom the gentleman says he re-.
presents, TO Say that al is not 90 far IL
the history of that people As would ap.
pear BY his remarks; for l remember
that as early as 1866. q speck of war ap-
peGrei In the Territory of Utah, gre wing
out ofthe defiance of the Mormon people
to the authority Of the government, and
to suppress that Instruction the govern.
ment ives compelled to and did send
there its srmy, headed by that brave and
gallant man who after ward fell fighting
on the other side ct the battle OF Shiloh.
/ am also reminded that coming up
out Of the past is q tale Of blood, the
equal Of which is scarcely found in any OF
the annals Of bloody crime that history
records, and using language that my DIS
tinguished friend in front Of me, [Mr.
Burrowsl once used $50 horrible and
atrocious that savage might have sat at
their feet, and learned deeds Of cruelty"
l remembe that peaceAble Arkansas
colony, on its way to the land Of the set
ting sun, fell victims, sitter having sur
rendered under = truce, to q horrible
butchery. I remember that one of the
leading members of this Mormon colony
many years afterwards Was convicted
and punished for having been pGrticepS
c1'tnlisliS % that horrible massacre. So
with the fair scenes and pictures that
have been presented in this House to-day,
these of darkness and bloodshed should
not be forgotten, as we'll as the fact
that, with all the virtues which
have been referred to as be-
longing to them, there they stand to day
confessing as a part and parcel of the re-
liRicus tenets of their creed q crime
against our civilization so heinous that
no man upon this floor save the contest
ant himself has dared 10 apologize for.
These are some of the historical facts
allied to and connected with the contest
now presented.
cha | spend DO further time upon
this part of the subject, Mr.. Speaker; l
think it is unnecessary. Allow me to
pass now to the consideration for few
moments of the merits OF this contest, as
we'll ss to answer some of the objections
which have urged against the majority
report, and first let me say ia answer to
so much of the contestants remarks
wherein he says that he had no fear of
the msjority report before the passage of
the recent Mormon law, because the best
ls Wyers on both sides of the House had
condemned it that If the statement
be true, and if the best lawyers on both
sides of the House did condemn it, and
thereby find 9 way by which they could
stultify the sentiment of this couatry, and
vote to seat him on this floor am con-
tent to take my seat upon the back Eow,
and find my vindication in the familiar
quotation, Where ignorance is bliss tits
folly to be wise"
Iadmit there is room for argument and
for disagreement, not OILY between good
lawyers but between al lawyers, upon
the constitutional question; bat I claim
for the report that IN no Congress nor by
any tribunal has the doctrine there as
serted been denied. No judicial body or
tribunal has sat upon it, or has ever
passed judgment upon the question in
VOlved. Now, what is the question pre-
sented by the report? When you reach it
it is we'll and sharply defined, It is said
by those who criticize the report that
delegates ia Congress are within the
terms of the Constitution so far as mem
bership is concerned, and that the Con-
stituten applies in terms TO delegates.
Now, what are the constitutional pro-
visions2 What are the provisions relied
upon and quoted in support of the cues
tions presented here? The first one is the
arst clause Of section 2 of article /, which
defines what the mem bership of the
House shall be, or what shall constitute
the House Of Representatives. The clause
in question is SIS follows:
"The House of Representatives shalt be
composed of members chosen every sec
ond year by the people of the several
states. and the electors IN each state shall
have the qualifications requisite for cleo
tors Of the most numerous branch of the
state legislature"
It is here clearly expressed in. werds
unmistakable, and IN precise and un-
equivccal language, who and what mem
bers of Congress are. They shall be
'chosen every second year by the people
Of the several states;" not by territories,
but by the people Of the several states.
Let US pass to the next step. For some
purposes this is q separate and distinct |
legislative body This House is separate |
and individual In reference to all powers
of its own organization, with reference TO |
the election, organization, and the re- |
turns Of Its own membeFs, with reference |
to the expenditure of its contingent fund, |
with reference to the punishment Of in
fractions Of its dignity, and with refer |
enee to its power and right to expel q |
member. For these purposes the House |
is separate and distinct as much as if it |
relied on no other branch OF the govern
ment for legislative purposes. So when /
you apply the constitutional provisions to /
the power Of the House over the election |
returns and qualifications Of its own mem
bers, it stands, ss the text of the Consti.
tuition shows, as q judge to pass upon
these qualiic, ms and elections.
Take the next step. What are the
qualifications Of member Of the House?
They are defined in the Constitution; sad
here comes the first point Of divergence
between myself and those who disagree
with me. The trainers of the Constitu-
ton being familiar with the history Of
parliamentary bodies knew, Is every
body knows who has studied it, that every
body ought to be and is
the sole judge Of the qualifications Of its
own members; go they defined what the
qualifications of member Of Congress
- o,,1d ho hlIt lid not 5oe-o hat his