The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-04-26
The elerk read ssIfollows.

there often arose difficulty in applying
old names t. new things. The proper
designation of Mr.. White is t. be found
in the laws and rules of the Constitution.
He is not member of Congress, there
fore, and so cannot be directed to take an
oath, unless he chooses 70 take it volun-
tarily.
Mr.. Murray moved that Mr.. White
should be required to take an oath.
Mr.. w. Smith observed that the Con-
stitutiOn only required members and the
clerk to take the oath. The gentleman
was not member; it does not even ap-
pear for what number of years he was
elected. 10 fact, be is no msere than an
envoy to Congress. Instead OF beng
called q delegate to Congress, had be
plainly been called an envoy the difficulty
would have vanished. Be is not q repre-
sentative from, but an officer deputad by
the people Of the western territory. 1t lie
very improper 10 call on this gentleman
to take such an oath, any more than any
civil officer in the Stale Of Pennsylvania.
Mr.. Smith did not consider him as
coming even within the postofice law,
(fpr framing letters he is not entitled
TO psy, unless q law De passed to that
end.
Mr.. Giles agreed With the gentleman
Who spoke last as to the lnproDriety OF
demanding an oath of the gentleman.
Mr.. Dayton was against requiring the
oath. Call him what you will, said he,
q mem Der, delegate, or, If you plea g,
nondescript. It would be wrong to &C.
cept his oath even it he should offer it,
He is not q mber, be cannot vote,
which is the essential part. 1t is said
that he can argue, and by that means in-
fuence the votes Of the House. But so,
also. printer may be said to argue and
infur nee when be comes TO this House,
takes notes, and prints them in the
newspapers.
Mr.. Boudinot said that as the House
had set out on = wrong principle, it was
natural that in their subseeuent progress
they should wander further and further
from the point. But as the House had
now given their decision, he acquiesced
in it. 1t Was, however, g strange kind of
thing to have gentleman here arguing
who was not bound by an oath.
Several other members spoke; and on
the question, Shall the Delegate take an
oath SIS member, it was decided in the
negstive-Ryes 30. noes 42.-See PhtiG-
dekphiG Gazette Of 18th and J oh NoUens-
Der, 1894.
The report and resolution were then
sgreed to by the House, and Mr.. White
took his seat as q delegate. During the
session g bill was passed SllON ing him
pay and the privilege of Thanking letters
as member.
Mr.. HazeIton. That shows that the
first delegates admitted here from the ter
ritories we're not even required to take an
oath of Office; and Mr.. White took his
seat without taking an oath of Office at
all; and up to the time that the law was
extended to the territories outside of the
territory embraced within the ordinance
of 1887 the law and practice have never
extended beyond what is implied in that
decision. AS We acquired new territory
| by war and conquest we codi6ed our
| laws, so to speak, upon thst subject,
and provided, as We do in section 1852 Of
the Statutes, that
every Territory shall have the right
to send Delegate to the House of Repre-
sentstives of the United States to serve
during each Congress, who shall be
elected by the voters in the Territory
qualified to elect % EN- bers of the legis-
lstive assembly thereof The person hav-
ing the greatest number of votes shall be
declared by the governor duly elected,
and certificate shall be given accord
ingly. Every such Delegate shall have
a seat in the House of Representatives,
with the right of debating, but not vot-
ing"
Now, the question of citizenship-the
qualifications of citizenship-enters in 10
way into the law which have read. The
question of age, of inhsbitaney, none of
the great qualifications which apply
under the Constitution of the United
States to mem bers Of Congress, enter into
this law vt all, and it was not until some
time after that Congress-, IN order to
supply one Of this conditions, adopted
section 1906, providing that
"The Delegate to the House OF Repre-
sentatives from each OF the Territories of
Washington, Id.ho, Rnd Montana must
be citizen of the United States"
Before that the law was silent upon
that point, and afterward, il there is any
law requiring that theDelegAte fIom Utah
Territory should even be citizen OF the
United States, it is law which has
been passed subsequently to this, and
whether such law exists or hot I do not
know. But taking these decisions sad
these statutes toQ ether, and takicg the
| legislation as 1t appears upon our statute
books creating these territorial delegates,
we find that the delegate Is, To all pur-
poses, under every shape you may view
1t, simply the naked agent or envoy from
the territories of this Union, whose con-
nection with their representative power
may be cut off, terminated, or DESTROYED
st our will. We are the power to fix the
Qualifications of the delegates from the
territories, not the Constitution We are
the power which creates his Office, which
creates him. The Constitution fixes our
qualifications, because it fixes us as mem
bers representing the power of this gov
eminent. Now, l was not surprised in
our debate upon this EdmunCs bill, the
great set which struck down the politicsl
power of polygeDy in the territories, 10
| hear my friend from Alabama TMr. Her
bertl and one O. two others of the best
lawyers on that side Of the House. take
! the position that that law terminated the
official existencs OF Mr.. Cannon, or anv
other delegate representing the same
class Of power as he would represent if
| seated upon this floor. That I under
stand 10 be the position assumed by some
| gentlemen upon that side. Now what
| does this section Of th st Law provide?
SEC. s.-Thst DO polygamist. big
amist, or any person cohsbiting with
more than one woman, and 10 woman
cohsbiting with any Of the persons de-
scribed as aforesaid in this section, in anv
| farritoru or other nlsoa - - ~