The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1882-03-07

1eTIltOFleS ViOlate any Ol tuOSe prONis-
ions of the Constitution which protect
The life and liberty of the citizens of TIE
United States. deny that Congress
can establish governmen, in the Terri
tories of the United States anywhere
which shall trv and execute man with
out giving him the benefit of trial by
jury under an Indictment according to
the forms Of law which the Constitution
has prescribed
MIR. BUTLER wish to ask my friend
q question in connection with that part
Eof bis argument. Does he believe that
Congress under the Constitution may or
may not impose a,qualification for vo-
ters 10 the Territories ? ....
Mr.. PENDLEToN / believe Congress
may impose some qualifications, but no
qualification inconsistent with the 6f-
teenth amendment; and / shall direct
some remarks have to make directly to
that very subject.
Mr.. JONES, of Florida l wish in thai
connection to ask the Senator from Ohio
if he considers the act which / cited yes
terday for the government of the Terri
tory of Florida unconstitutional, which
vested the entire powers of government
in one or more persons to be designated
by the President and confirmed by tht
Senate, including the judicial and legis
lative powers Of the Territory
Mr. 0ENpLEToN / have not had tht
opportunity of examining closely thai
statue; do not know exactly what i
provided; but am prepared to say thai
if it vested, in two or two hundred people
the right to control and govern the Ter.
ri orv OF Florida in any way inconsisten,
with the provisions of the Constitution
of the United States guaranteeing The
rights of life and personal liberty and
property TO the citizens, it was uncon
stitutional
Mr. HoAR. May ask the honorable
Senator from Ohio question:
Mr.. PENpLEToN. With pleasure
Mr.. HoAR. / desire to ask him il he
believes that Congress might constitu-
tionally take away from the inhabitants
of any Territory of the United States
all power of self-soyernment whatever,
and might make all the laws, civil and
criminal, and appoint officers to execute
them, giving the inhabitants of the Ter
ritory no voice whatever? Is not that
exactly what we have done in Territory
acquired Is it not what we do in this
District? If that be true, how can the
Senator complain il Congress may con-
stitutionally exercise all the powers of
government for Territory. and not al
low any voting at all, when instead OF
doing that it allows the citizens 10 vote
on certain conditions2
Mr.. PENDLEToN. Mr. President, I
have not yet complained of anything; l
have not yet reached the point where /
am disposed to complain at all of this
bill, or of any Of the provisions of IT,
l was defining what l considered to he
the extreme limits Of the powers OF
Congress over the Territories | am
not prepared to say that I could fix the
exact limit where l think Congress
ought to allow to the people of Terri
tory the right OF governing themselves.
1t has been done in some cases where
those people reached perhaps six or
eight or ten thousand; it has been de-
MED in other cases until they reached
thirty or forty thousand. This say
that the Congress of the United States
is bound to afford to the people of q
Territory the opportunity OF self~gov-
ernment within certain ranges, as soon
as it becomes safe and proper that they
shall exercise that right, in order to pre-.
psre the Territories to be admitted as
new States; and until such admission
as long as it assumes to control and
govern them. it is bound by the grants
and the prohihitations OF the Constilu-
tion. II
Mr.. HoAR. But are not all the Ter
ritories to-day subject TO the veto power
of the governors in whose selection the
people have 70 part and the veto power
of Congress?
Mr.. PENpLEroN. do not know thai
all of them are. Some of them are
perhaps all Of them, hut that sugges
ton, / submit, would not in any degree
affect the argument that am making a.
to the power of Congress at all times
and the duty Of Congress at some time
TO remit to these people the rights o
self government. do not find mysel
hound in any way at all to antagoniz,
the position gentlemen have taken in re
lation to the powers of Congress owe
the Territories / might differ will
them. do differ with them essentially
but it is not necessary for my argumen
that should enter into any discussion
with them upen that subject
Now, what is the bill before us2 1
is crimes act. The title defines it t.
he a bill to amend clause of the crimes
act. This whole title of the Revised
Statutes of the United States, of whicl
section 1852 is part, is the crimes &C
of the United States. This bill provide
an amendment TO clause of the crime
act. and the only amendment that / Sc
in the first section OF this bill is simpl
the introduction OF the words land an
man who hereafter simultaneously or o.
the same day msrrles more than on
woman"
} do not know whether it is foun
necessary in the practice of this Terri
tory to be so particular as to the tim
when the act of the second marriag
takes place. 1t may have been. 1t ma
be that they have held that the day wa
hut an instant of time, and if the mar
: risges took place on the same day it wa
, not subsequent or pri.r marrla2t
; and therefore it was necessary to intro
g duce this provision of the bill. / d
e not know how that is. and | therefor
e take no exception to it. At all event
r this Is an addition to the crimes define
in section 1852 Of the Revised Statute
t which Is part of the crimes act OF Ii
D United States.
e Then section of this bill as origiI
: ally reported, but now section 8, is al
e other addition to the crimes act, tor
i provides
e That il any male person, in Terr
It tory or other place over which the Uu
e ted States have exclusive jurisdctio
5 hereafter cohabits with more than or
# woman he shall be deemed guilty of
;, misdemeanors
e | do not know the exact etate of Il
Il law On this subject, hut l suppose th
! the crime heretofore defined is cohah
, inn NTH an,. othar unn,rian than his Wi