The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-05-11


long tenure sof absolute civil authority
upon which its leaders entered in 1850.
PolyRamV Is the scarlet letter upon
the brow OF this fair young omnion-
wealth which proclsims her deem shame
and forbids her entrances into the sister
hood Of States"
EACH CONGRESS NAY FIX THE QUAIL
FICATIoEs OF IT'S DELEGATES.
Why? Because the history of the ter
ritories, the clause in reference to them
in the Constitution, The decisions of the
courts thereon, and the contemporary
! legislation, all show that the O0nstitu-
ton does not apply To any territory ex-
ceEt such as wss within the jurisdiction
of the confederacy at tie time OF the
formation of the federal government;
that while the Ufice of delegate was we'll
| known to the trainers of the Constitu-
ton, the word delegate" was not men
toned nor dipnifed with the slightest
recognition. Delegates were clearly con.
| sidered by the founders of the govern
ment as not within the purview Of the
Constitution, nor having auy of the quail
ifestions Of members Of Congress. Dele
gates are not, therefore, contem plated by
the Constitution, nor any provision made
for them IN any Wsv he 20 qualifications
or otherwise.
6 If it is clear, therefore, that the Coasti-
tn Ion did not intend that territorial dele
gates should come within its PROVISIONS
or that they should have the status or
qua ifcations of members, no act of
Congress by simply extending the Con-
stltutlon to territory would change it so
as to require such qualifications unless
the act itseltprovided such qualifications,
and then they would be fixed by the act,
and not by the Constitution. No act ex-
tending the Constitution to the territories,
n SO far as applicable, as was done in the
case Of Utah, would have the effect to in
any manner provide or change the
qualifications of delegates, because the
Constitution is not applicable to dele
gates.
The Constitution not fixing the qualif-
cations OF delegates, and 10 act Of Con-
gress having ever done so, the question
remains open, and under the powers Of
the House and general parliamentary
law the House has the exclusive power
to judge of and fix them.
The Constitution clearly, therefore,
does not apply or provide any
qualifications for delegates but
gress to say at any time and in any
way It may see proper what qualifications
it will exact Of the agents whom as a
matter Of grace aud discretion it permits
to come from the territories into its de-
liberations and to sit among its members.
Neither the Senate nor the Executive,
nor any other power on earth has any
right TO interfere except by permission
| in "a H.
to the House, and the concurrence and
cooperation OF the Senate and Executive
in the passage OF any enactment on the
subject can 90 no further in giving it
force and validity than TO make it per-
suasive rule of acton which the House is
at liberty to follow or disregard. Each
House shall be the judge of the election,
returns, and qualifications of its own
members" No law that was ever passed
on this subject, which is under the ex-
elusive and unlimited control of each
House, by any former Congress, is bind
ing on any subsequent house. Each
House may wholly repudiste all such
acts with entire propriety. l. is custom
airy 10 regard them as rules of conduct.
This is we'll illustrated by the doctrine
laid down by McCrsry in his Law of
Elections. section $40. in reference to the
laws made to govern contested elections:
THE houses of Congress, when exer-
cising their authority and Jurisdiction to
decide upon the election. returns, and
qualifications" Of members, are not
bound by the technical rules which gov
ern proceedings in courts of justice.
Indeed, the statutes to be found among
the acts of Congress regulating
the mode Of conducting an election
contest in the House of Representatives
are directory only, and are not
and cannot be N de mandatory uader
the Constitution. In practice these ststu-
tory regulations are often varied, and
sometimes wholly departed from. They
are convenient as rules Of practice, and
| OF course will be adhered to unless the
House, in its discretion, shall In given
case determine that the ends of justice re-
qulre different course Of action. they
constitute wholesome rules. not to be de-
parted from without cause. II Is not
within the constitutional power of Con-
gIess, by a legislative enactment or
otherwise, to control eitEer House in the
exercise of its own members.
The laws that have been enacted on
this subject being therefore only direct
OAyi ouO AOb dOSOlUtSiJ OAhNAASs HOAiN
have been more appropriately passed as
mere rules of the House of Represent
stiveE, since by their passage it may be
claimed that the House conceded the
right of the Senate to share with it in this
duty and power conferred by the OoHsti-
tuition. It is presumed, however, that the
provisions in question were enacted In
the form Of statute rather than as
mere rule Of the House; i'll order to give
them more general publicity, etc.
CONGRESS HAS ADDED TO THE CoNsTI-
TUTIoNAL QUALIFICATIONS OF MEM
BEERS; WHY NOT OF DELEGATES?
But admitting for the purposes Of this
discussion what cannot be maintained,
that the some qualifications which entitle
a member OF Congress to admission shsll
also e1title delegate to the same right,
and still hold that Congress has the
right aud power to say that polygsmist
shall not be admitted as delegate. UR-
der the high power inherent in every
ORGANIZATION on earth to preserve its in
tegrity ana existence, Congress has the
lndrbltabie right to Keep out of its coun-
CHS any person whom it believes to be
dangerous and hostile to Inc government
During the war almost the whole Con-
gresslonal delegation from the State OF
kentucky were halted at the bar OF the
bouse, and, on the objection Of mem
per, were not permitted to be sworn IN
III was ascertained whether they or
eltaer OF them were guilty Of disloyal
prsctlces. They had each every quailn-