The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-05-11
THE DEBATE.
Continuation of the Cannon
Campbell Contest in the
House.
BeI.zhoOvef,s Argument.
Continued fronl Ttlesdqq.

y
It will thus be seen that eleven states
organized from territories, when author
lied to form state governments, and the
same number when admitted to the
Union, bad free populations Of less than
90, 600, snd that of the slave states ln-
cluded in this number, seven In all, not
one had the required number of free IN
hsbitsnts, either when authorized TO take
the first steps toward admission or when
finally admitted; and that both or these
steps were taken by two of the latter states
with total population, free and slave,
below tha required number. WhY so
many states have been authorized to
form state governments, and have been
subsequently, admitted to the U MON with
populations so far below the requirements
of the ordinance of 1877, and the accepted
rules for subsequent action may be
briefly explained as follows: First, by
the ground for the use Of broad discre-
ton affo I'd in the provisions of the or
dnance Cf 1857 for the admission of states
when deem ed expedient before their pop
ulstion should equal the required num-
Der; and, second, by the equally wide
discretion given BE- the Constitution In
the words, New states ma be admitted
by Congress into this Union," the only
provision of the Constitution bearing spe-
ci6eally upon this subject. Efforts have
been made at various times to secdre the
strict enforcement OF the original rules,
with the modification resulting from the
increase of the population Of the Union,
which provided that the number of free
inhabitants in territory seeking admis-
sion should equal the number established
as the basis Of representation in the Rp-
portionment Of representatives in Con-
gress, as determined by the preceding
census. How little success the efforts
made in this direction have met may be
seen by q comparison Of the number of
inhabitants forming the basis of represen-
tstion, as established by the different GEN.
suses, and the free population Of territor-
ies admitted at corresponding periods.
WHAT POWER HAS CONGRESS To ACQUIRE
AND HOLD TERRITORY?
1t has been decided that the power TO
govern the territory acquired by the
Federal Government after the formation
of the Constitution is an inevitable conse-
quence of the right to acquire. Judge
fancy says:
But no power is given to acquire a
territory. TO be held and governed perma-
nently 10 that character. The power
exercised by Congress to acquire territory
and establish a Government there accord
ing to its own unlimited discretion was
viewed with great jealousy by the earlier
statesmen
Judge MCLEAN, in Scott as. Sanford,
says:
No powers can be exercised but those
which are initiatory to the establishment
Of State governments. and no more power
can be claimed or exercised than is
necessary to the attainment of the end.
This is the limitation Of all the Federal
power.
Judge Curtis says:
The purposes and objects of the clause
were the enactment of laws concerning
the disposal of the public lands and the
temporary government Of the settlers
thereon until new States could be formed.
It has been held to authorize the scqui-
sition Of territory not fit for admission at
the time but 10 be admitted as soon as its
population and situstion would entitle it
to admission. It is required to become
State and Lot to be held as q colony AID
governed by Congress with absolute
authority.
The Government holds it territory for
their (people's) common use until it shall
be associated with the other States as a
member Of the Union. But until that
time arrives it is IN doubleday necessary
that some government should be estab-
lished in order to organize society and to
protect the inhabitants in their persons
and property; and rs the people Of the
United States could act in this matter
only through the Government which
represented them aud through which
they spoke and acted when the territory
was obtained, it was not only within the
scope Of its power but it was its duty to
pass such laws and establish such gov
ernment as would enable those By whose
authority they acted to reap the advan-
tages anticipated from It's acquisition,
and to gather there population which
would enable it to assume position 10
which it was destined among the States
of the Union.
1t was a part of the solemn compact
betwe. n the states and the general gov
eminent, ss we have shown, that the ter
ritory ceded should be formed into states
at the earliest practicable moment, AID
should be held for no other purpose.
Utah would long ago have been ad-
mitted as q state except for the persistent
and defiant practice and propagation of
the odious and unrepublican doctrines of
polygamy in that territory 1t is unpat
rioLic and unstatesmRniike for Congress
longer to permit such rich and prosper
Gus section of the Union to remain In the
condition of a subject province instead of
ali equal and sovereign state. 1t will
never be otherwise, however, unless we
begin at once, and with sincerity and
energy, to disqualify and wipe out the
power of polygamy. Professor Henry
Randall Waite, Pm. D., very learned
and impartial gentleman, recently said
on this subject:
utah is now, as when its first petition
was presented, debarred from admittauce
by its anomalous condition as q govern
ment controlled by those who maintain,
in defiance Of law and public opinion, q
social system, the revolving character or
which is too well known to need descrip-
ton. Should the inhabitants Of this ter
ritory place themselves in q condition
which would not be antsgonistic- TO the
laws Of the Union, there can be no ques-
ton that its right TO become state would
be at once recognized. Originally set
tied by its present inhabitants in 1851,
It was organized as a territory and pro-
vided with q territorial government by
act of September g, 1850. For a consid-
! cradle period prior 10 this act, however,
there had been in force in the territory 3
semi-ecclesissticsl government admins
tered by the Mormon leaders, under the
mama of the State Of Deseret.' The