The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-06-01

"Hok MT NJ DC or become uie'
qpAhncAtion; and the provisions Of the
ConstItutlon in this regard were made to
eppiy 20 the mem beTs elected from the
states. That is all. Then it is provided
that for any disqualification which may
De found attached to any member which
Ia the judgment Of toe House is sufficient
OF two-thirds vote of the membsrs ne
may be expelled.
repeat that if it were not FOR the con-
stltutiOnal restriction upon this body FOR
any cause which it might see fl or deem
proper. It could expei or exclude mem
Der from 8 seat IN the floor by msjority
vote. Upon that point, Mr. Speaker, l
deslre to cali the attention OF the House
to the history Of the House OF Commons
and It's rules respecting the power OF tnat
body over it's IN members. l call at
tentlOn to tection So of CushinR's Parhs-
mentary Lsw, wherein the author says
that it never was pretended THAI there
was any power nestrsining that body
from ex rcisirg this authority over it
own members, and in Its exercise of
that right go capricious wss it that
it allowed men 70 take their
tzenty-one years Of age, and then in
and refuse to allow them to take their
seata, and in other parlisments it would
again allow them to cit
The position of the majority of the
committee in this case, in q few words,
was this: That delegate not being
within the constitutional provisions ia re-
mitted in his standing before this body
to the general power of this House TO
Judge of the qualification Of its mem bars,
which power resides exclusively in this
House. 1t obtains that power in two
ways. first, as 10 its members, by di-
rect provision Of the Constitution; sec
ond, it resides in this House by common
parliamentary law which has existed
ever since parliamentary bodies were
established. Hence, &c regards acy per-
son attached to this House not 3 member
in constitutional sense, his qualifications
are RENTED 10 this House IS . psrlia-
msntsry body to say what his quslifcA-
ton shall be, IS we'll after he is sworn as
before. Not being within the provision
of the Constitution, he is not subject TO
the two-thirds clause relatinR to expul-
sion; and q majority at any time may ex
pei him. That is the proposition and
there ia where we divide, and, SO far as
am able to discern, the only real differ
ence between US.
Now, what do those who oppose this
view say? They all admit that dele
gates are not within the constitutional
provision and are not members in the
constitutional sense. What do they say
That By the act Of September, 1850, Con-
gress extended the Constitution and laws
of the United States over the territories.
and thereby the Constitution became by
positive law part Of the law Of Con-
gress, as applicable to territories, and be-
ing applicable in cases Of delegates, the
same rule should apply to delegates as
applies to members. That is their argu-
ment-thst Congress having extended
the Constitution and laws of the country
over the territories, therefore, as q mat
ter Of statute law, the Constitution should
be applicable. / deny it. l deny that
the constitutional provision is applicable
or can be applicable so far as it relates to
the cleo ion, qualification and returns Of
9 delegate. 1t cannot be applicable by
any rule OF construction with which | am
familiar. / never heard of Respectable
text-writer who said eOu could carve out
Q part of section and make it applicable
and controllingatO a given subject, and
disregard the residue. The whole must
be- applicable or none. And if you make
it applicable to the case Of delegates, you
must extend to them the right to vote.
You canrot stop half way, 80 your posi-.
ton proves too much and is wholly IL
logical and cannot stand.
Apply another familiar maxim,
namely, "Where the reason is the same,
then the rule is the same" Is the reason
the same as applied to members and
My friend from Texas, Mr..
JONES' iii an able and earnest speech
to-day, said that the reason was pre-
cisely the same. beg his pardon. What
il the potent power Of q member of this
House7 It is simply the indulgence and
right to talk and introduce bills and ex-
ercise the tracking privilege. Is that it?
Oh, no, the potent power of member Of
Congress is his vote. It is his vote that
renders him powerful and potent on this
floor. For all other purposes he might
as we'll stay in his district if he could By
staying there reach this House Just Rs
we'll By telegraph, and through the press
get his speeches and his bills before Con-
gress. It is his vote that leVies the taxes
aud distributes the money and gives di-
rection to general legislation affecting
% Goa, 600 people. That makes the mem
Der potent on the floor. This essential
feature every delegate lacks. he lacks it
By law. And I doubt whether Congress
in exercising shy constitutional power
could extend it to him. At least it has
not been so claimed by any gentleman en-
the other side. And I most positively
deny the right Of Congress to DO it. The
potency, say, of member is the right |
10 vote. ..ar
Very many times, Mr.. Speaker have
heard the vote ofa member lightly spoken |
Of. but I hold in my hand q volume, part |
of the records of this body when there |
we're troublesome times in the country;
md recall now the value Of one vote in |
,his House. Il WIS the time when Kan
Iss was applying to be made a state in |
his Union. You will remember it was
he policy of a large part Of the demo-
,ratic party whose representatives we're
hen in Congress to fasten upon Kansas,
when admitted IS q state, slave constitu-
ion. You will remember that the Lee
,omBton constitution - Rn Instrument 1
conceived in sin and brought forth in in
before the House: and when
he scales were finally held up at the
Speakers desk, and freedom was on one
ide and the slave and the shackle on the
'ther, the question was put whether the
leeompton constitution should be sad
led upon that free territory in the west.
nhe roll of members was called down to
he last name, and, trembling even IN
, l. IL