The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-05-09


On October 6, 1870, Congress passed an.
other resolution, pledging itself that if
these lands were coded as requested by
the September resolution, that they
should be disposed Of for the common
benefit, and be settled and be formed into
distinctive republican states, which
should become members Of the Federal
Union end have the same rights of
sovereignty and independence and free
dom IS other states. Thee contrayer.
| sizes in reference to the territories eontin-
ued down till 1874, when Virginia coded
the vast territory lying northwest of the
Ohio River. The only object Of the state
| in making this cession was to put an end
to the threatening and dangerous contro-
vers7 snd to enable Congress to ditposc
Of the lands and appropriate the proceeds
as com mon fund for the benefit of the
state. This was the state of sffairs when
the Constitution of the Emitted States was
formed. 1t was necessary that the lands
thus ceded should be sold to pay the
common debt of the war, and that regu-
lations should be made for their mansge-
ment and control until sold OF otherwise
disposed of. Besides these ceded terri
tories there were arms and munitions of
war and various property which came 10
the United States from the several states.
1t was necessary then to provide for these
in the new government about to be
formed under ths Federal Constitution,
and the clsuse was inserted which gives
Congress the power Ito dispose of and
make rules and regulations respecting the
territories or other property belonging to
the United States"
This provision had plain, palpsble,
unmistskable purpose which was 10 pro-
vide for the sale and control Of the terri
tories ceded to the United States by the
states for the purpose Of the cession.
The chief justice in Scott VS Sanford,
says In reference 10 this clause:
at begins its enumeration of powers
by that of disposing, in other words
making sale, Of the lands or raising
money from them. which, IS we have
already said, was the main object Of the
cession, and which accordingly is the first
thing provided for in the article. II then
gives the power which was necessarily
associated with the disposition aud sale
Of the lands-that is, the power Of
making needful rules and regulations
respecting the territory. And whatever
construction may now be given to these
words, every one, we think, must admit
that they are not the words usually en-
ployed by statesmen in giving supreme
power Of legislation"
It must not be forgotten, too,
that territorial representatives had
been sent from these territories
while they yet belonged to the
States; that territorial form of govern
ment had been expressly provided by the
ed 8
1887, and that this act without any change
or modification had been re-enscted in
| 1890 under the Federal Constitution by
Congress. Territorial delegates were
therefore not unknoW h when the Consti-
tuition was framed. Why were they not
mentioneu? Why no qualifications fixed
if they were to have any but such as Con-
gress might see tit to provide? No other
parts of the Constitution we're made to
apply to the territories except the clause
We have quoted. On the contrary, they
were spoken OF as property, and power
was given to Congress to dispose of them
as property, and to make all needful
rules and regulations respecting them as
other property of the United States.
They were put in the same category
| with the ether chattels Of the govern
ment. There is, therefore. nothing in
the Constitution which will justify Us 10
believing in the light Of its history thai
ths qualifications Of agents who might
| be appointed to look after the interests of
the territories on the floor OF Congress
should be the same or even like those of
members of Congress. This is so, we
maintain, with regard even to that terri
tory over which the Constitution extends
directly and immediately, because 1t was
within the control of the government at
| the time the Constitution Was framed. Ii,
therefore, the Constitution did not con-
! template the requirement of such qualii-
cations for delegates SIS agents oftbe ter
ritory within its immediate purview,
with much less plausibility can it be con-
tended that it should require them where
it is only extended as q part OF the statute
| law.
1t is also important to observe the wide
distinction which Congress has always
made between the powers and status OF q
member of Congress and delegate from
territory.
A mem Der of Congress is sent by q
state, by virtue of its irrefrsgible right to
representation under the Constitution Of
the United States. This right Congress
cannot abrogste or control or limit or
modify in any way.
A delegate is an agent of territory,
sent under the authority or permission
of an act of Congress. This right or per.
mission is subject to the merest whim and
caprice of Congress. 1t can be utterly
wiped out or modified or changed just as
Congress may see proper at any time.
A member of Congress must have GER
tain qualifications under the Constitution.
A delegate need have none but what
Congress sees fit to provide.
A member of Congress is the repre-
sentative and custodian Of the political
power and interests of q sovereign state,
which is itself factor and part OF the
government.
A delegate has no political powre, but
is only business agent of the territory
for the purest business purposes. Chief
Justice Marshall, in discussing the power
Of Congress to govern the territories, in
Insurance Company o. Garter, l Peter,
5ll, says, in reference to the people Of
Florida; "They do not, however, partici-
pate in political power; they do not share
IN the government until Florida becomes
state; in the mean time Florida con-
tlnues TO be a territory OF the United
States, governed By virtue Of the clause
IN the Constitution" He hes no right to