The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-06-04

IDLE By statutes and elected in good faitf
and In fall reliance on the same by ID,
electors.
It seems to me that the provisions Of
the Constitution in regard to judging Of
the election, returns, and qualification Of
mem bers, and IS to their expulsion, are
the ones under which this House are to
act IN relation to delegates; and that the
same course Of proceeding ia to be ad-
opted by analogy. Such has been the
decision of this House heretofore in the
case Of Maxwell Us. Cannon, and such
Its practice always.
The law regulating contested election
cases applies in terms 10 members only,
and yet it has been used in the case of
delegates. fit does not apply, the whole
prior proceedings in this case have been
Irregular and were unauthorized by Law.
While delegate is not q member
strictly, be has always. been treated as a
mem Der sEi gepeTiS. While not q Con-
stltutional officer, in the sense which q
full member is, he is still the creature Of
the Constitution through the medium of
a statute authorized by that instrument;
ne mas been given powers aud rights
which are so guarded as not to infringe
upon the prerogatives of q member. or
endAnger the rights Of the states. Both
nave been elevated to equal dignity and
honor save In the power to vote. The
power OF the House to regulate its own
proceedings has EOt been impaired or
abridged, and the House has always sue
ceeded IN adopting its rules to the law.
and member and delegate have esch
hitherto enjoyed their rights and priVi-
leges In perfect harmony. It is
too late now to attempt to
AntagOnizs them, and reduce one
of them to the position of suppliant
at the doors of the House for the courtesy
Of seat, and dependent upon the
sovereign grace Of an omnipotent House
for all he has. Rather let both be treated
as legal creations of the Constitution,
directly or mediately, and with rights.
privileges, and powers defined and
secured Ey law.
submit, therefore, that it is better not
to resort to any doubtful rules Of Law
even, and especially one which ID so sub
versive OF all prior authority AMI prece-
| dent and which will involve so much
peril for the future, but 10 exclude Mr..
| Cannon distinctively on the grounds
which the new act furnishes and which
| are stable and sure.
Mr. BURROWS.
Mr.. Burrows, of Michigan said:
Mr.. Speaker: The issue between the
House OF Representatives and the pelyg-
amists Of Utah is at last made up. At
the beginning of the present Congress
| George y. Cannon and Allen G. Camp
bell presented themselves at the bar Of
this House as rival claimants for q seat
ia the FOrty-seventh Congress as delegate
from the Territory Of Utah. Mr.. Camp
bell claimed the right Of admission By
virtue of certificate of election.
Mr.. Cannon contested his pTlmG fGcie
case and affirmed that he Cannon was
in fact duly elected. 10 reply Campbell
asserted that if for any reason his pTimlG
fGcie title should be held defective, Mr.,
Cannon could not be seated for the
reasons:
First. That he dii not receive a msjo-
rity of the votes legally cast;
Secondly, That he was an unnatural
| lied alien, and
Thirdly. That he was q polygamist
living in open violation of the laws of the
United States.
Pending ths discussion of the prira
fGcie case Of Mr.. Campbell, and before
Its determination, the whole matter was,
by order Of the House, referred to the
com mIttee on elections for their examin
alton and report thereon.
After Investigation, that committee
conclude and report to the House upon
the first proposition, as follows:
I'VE therefore find that the evidence
establishes that Mr.. Cannon received
1855 votes; that Mr.. Campbell re-
ceived 1857 votes; and that there were
scattering eight votes. Mr.. Cannon,
therefore, received a majority Of all the
votes cast at the November election of
| 1880, and is duly elected delegate from
the territory of Utah, Hnless he is dis
qualified from holding a seat for one or
more of the reasons alleged in the sR-
swer of the contested"
Upon the second proposition the com
mittee report:
1--WE therefore hold that Mr.. Cannon
is 8 nstursEzed citizen of the United
States, and that be is not disqualified, on
the ground of slienage, from holding his
seat as delegate"
Thirdly, that he is 8 polygamist
This fact appears from the following sd-
mission:
SCI, q gorge @. Cannon, contestant, pro-
testing Sat the matter in this paper con-
tanned is not relevant to the issue, do sd-
nit that am a member Of the Church
Of Jesus Christ of Lstter-dsy Saints,
commonly called Mormons; that, in &C.
cerdance with the tenets Of said church,
have taken plural wives, who new live
with me, and have so lived with me for :
number of years, and borne nae children.
also admit that in my public addresses
as q teacher of my religion in Utah ter
ritory I have defended said tenets of said
church ss being, in my belief, revela-
ton from God.
GEORGE @. CANNON.
It is conceded on all hands that George
@. Cannon possesses all the constitutional
qualifications required for q representa-
tive in Congress. A delegate certainly
does not require other or higher qualifcs-
tons.
The simple and single issue in the case
is whether this House has the constitu-
tional power to refuse admission to Mr..
Cannon upon the ground that he is
polygamist. While l am ia f9l accord
with the views Of those who hon that q
delegate is not q member within the
meaning Of that word as used in the Con-
stitution, and that our powers touching
the exclusion Of q delegate are greater
than those over a member, yet IN my
view of the case do not think the estsb-
lishment Of this principle necessary Is