The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-05-20

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the common law, 8 self confessed vio-
later of the laws Of Congress.
Now then, Mr.. Chairman. I conca5e
I grant, if Mr.. Cannon. or a deleSste
from sny territory, was 9 member oftbis
house, l grant, for / can read the Con-
stjtution OF my country, that onjv three
conditions are laid down, only thres
qualifications can be considered. What
are they? Seven years a citizen of the
| United States, twenty-five years of ape
and an inhsbitsnt of the state from
which he comes.
Is this man 6 member of this House! I
concede to the fullest extent that if he is
mem Der, or if any delegate from any
teri itory can be considered as member
Of Congress upon this floor. then, in the
language of the Constitution of nv
country, I say we must admit Mr.. Cam
non. ] make no subterfuge, l bubble
not as to the law.
But. Mr.. Speaker, what says the Con-
stitution on this subject, that fundamental
law which we are SWORD 10 support? 1t
is this:
The House of Representatives shall be
composed of members chosen every
second year by the people of the several
states.
This is what your House lie composed
Of Nov, there is an old law maxim,
which learned as law student, and
which l have never heard denied By any
lawyer, that the expression of one is the
exclusion Of the other.
Ny colleague Mr.. House) spoke yester-
day of the delegate from territory as
being a mem Der. 1t slipped also from
the mouth Of nay friend from Texas,
(Mr. Jones good lawyer, as l am glad
to acknowledge. Treat him as a member
and then undoubtedly, gentlemen, you
have the argument, but l dare you in the
face Of the oath you have taken, dare
you in the face Of the Constitution
of the country, to say he is a mem Der
of this House. l know it is easy
to fling epithets around here. know it
is easy to say am beside myself. But,
Mr.. Speaker, there wss man, and,
Democrats, probably you know his
name; he went under the name of James
Madison while in the flesh, and was
known as the father of the Constitution.
Well, in the first case that ever came to
this Congress, the case Of Mr.. White,
who represented as delegate the people
of the southwest territory, the question
was determined once for all as to his
status. Mr.. Madison, what do you say7
l am taken back to the year 1894, and l
seem to see the venerable form of the
father Of the Constitution rising and
teaching democracy to you gentlem on
the other side Of this House
Let me read:
Mr.. Madison said that in new cases
there often arose difficulty in applying
old names to new things. The proper
designation of Mr.. White is to be found
in the laws and rules of the Constitution.
He is not mem Der of Congress, there
fore, and so cannot be directed TO take an
oath unless he chooses to take it volun-
tsrily.
So much for James Madison.
Now it may we'll be that l, Mr.. |
Speaker, 10 my youth and juVenescerce |
may not be right, but l fad myself in |
eminently respectable company; and l |
say in regard to this matter as Byron |
said in his English Baris and Scotch |
when it wss said by the |
poet laureate he was not altogether cor
rect:
Better to err with Pope than shine with
Pye.
And better for me, Mr.. Speaker, 10 err
with James Madison than shine with my
friend from Tennessee, [Mr. House, an
respectable representative Of
modern democracy. What power have
we over this subject? 1 have before me a
citation from Chief Justice Marshall. l
am aware he did not know much law, but
as he happens to be on my side will
quote him. Commenting on the pro-
vision of the Constitution that congress
shall have power to dispose of and make
all useful rules and regulations respect
ing the territory or other property of the
United States" Judge Marshall, in The
American Insurance Company Us. Con-
Ter, Peters, 5l1, declares; 'In legis-
Iatlng for the territories Congress exer-
,ises the combined powers of the general
and of state government"
Is that true or fase4 I believe Mar
shall was correct. But 60 further. I
nave in my law library book entitled,
Cooley on Constitutional Limitations"
lnd l find this among other things:
The people of the territory, except as
Congress shall provide therefor, are not
If right entitled to participate in political
authority until the territory becomes q
tate.
I commend tais to my friend from
Texas.
To be continued