Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1899-02-09

ritory northwest ~ the river Ohio ma,
continue to have full effect. 1t Is re-
quisitc--
Note the word
that certain provisions should be made
so ns TO adapt the same TO the present
Constitution OF the United statea.-
Status at Large. volume /, pages 5o-5S'
No such act solemnly passed as that
could have been passed By the men
who participated In framing and adopt
Ing the Constitution VI our country.
unless they believed that that inatru-
ment and all It's provisions not utterly
unsulted to the condition Of a territory
would be- pf0prlO vigofc aprliea-
bic thereto. and II would ne
neccxaary 10 make any i,Ris-
latlon previously enacted or
subsequently enacted conform to the
provisions Of that instrument. What
ever may have been done after that Is
immatcriai. especially BY those who did
not participate ~ the framing % that
Instrument This ia q cotcmporancous
declaration. an Interpretation OF the
Constitution. and asserting the fact
that that instrument was originally IN
tended to apply to the territories and
not 10 be confined IN It's operations
within the limits " the states There
In nothing In congressional legislation
FANANfthNAA W AiNAa AlilN' MNiNW ~ III
consistent with the Interpretation TO
which I have now alluded.
Turn TO the supreme court. Mr. prcai-
dent ~ this polnt | may be- par
don.l N bfieny ailulc 90 the dccilions
from the FIRST, Constituting part nf
the history % that tribunal and al itH
declarations from the beginning until
nov on this question. In Wheaton
tLourhborough W Hlnkc) chief JUS
tic, Marshall. delivering the opinion of
the court. said:
The eighth section Of the first article
gives Co Congress tho "powcr TO lay
anu collect taxes, duties. imposts. and
cAcisea" for the purposes Hereinafter
mentioned. This grant g. general.
without limitation rs 10 place. II con-
Fcpugntly extends To- an places over
which the government extends. n this
could DO doubted. the doubt IL removed
by the subsequent words. which mod
rs the grant These words are. but
b. uniform throughout the United
states" II will not be- contondcd that
the modification ~ tho power extends
q places to which the power itself does
not extend.
The power. then. 20 lay and collect
duties. imposts. and excuses may be
cNerciotd. and must be- exercised.
throughout the United States. Does
this term designate the whole or amy
portion Of the American ON.
rircY Certainly this question can adj
NIT OF but one answer. n ia the name
10 our great republic. which Il
composed Of states ana territories. Tho
District OF Columbia or tho territory
west ~ the Missouri IL not less within
The United states than Maryland or
Pcrnfylvania. and u II not less ncccs-
IN 80 aaNa a.. .sNa Na.Na. -
tuition. that uniformity In the lmpoai-
ION Of imposts. duties. and excuses
lhouid be observed IN thu one than
he other. Since. then. the power to
AZ and collect taxes, whl,h includes
ilfect taxes. N obviously ocxtensivc
with the power 10 lay and collect
iutics. impoutr. and excuses. and since
he latter extends throughout The
United states, u follows that the power
10 Impose direct taxes also extends
throughout the United States.
next call attention 60 the case OF
W Reid ui Howard. page icol.
which arose In the territory OF Iowa.
fhe defendant In error. ltoid. recovered
Judgment against Webster for a quar-
er section 81 land. The validity Of
ho Judgment depended upon the regu-
afity OF proceedings under statute of
Iaii territory. TIL. judgment In favor
II Reid was held invalid by the su.
irene court. In this case Justice Ale.
Ian said:
Ms the seventh article OF the amend
rents Of the Constitution II II declared;
'ir suits at common law where the
value In controversy shall exceed $50
sT Fighter ' e M JuT Is snn sg pre- S
indcr which the above proceeding was
lad prohibited the trial by jury In mat.
ers ~ fact In which the suits were
ounded- In this respect the act was
'oid.
The opinion In that case was delivered
~ Mr.. Justice Nelson. and the court
ield that that provision OF the Consti-
utlon was applicable TO the Territory
u Iowa.
In the case ~ Reynolds W. The Unit.
a States tes u. =, i6?l. which arose In
he Territory Of Utah. Reynolds claimed
hat his religious rights had been in
hinged In his conviction. In the opin.
on of tho Supreme Court In this case
'hief Justice Waite uses this language.
Congress can not pass law for the
government Of the Territories which
hall prohibit the free exercise Of re.
lgion. The first amendment 10 the Cen
titution expressly forblda such legls,a.
ion. Religious freedom II Funfan.
eed everywhere throughout the United
ItntcH 70 far rs Congressional leglsla.
Ion Is concerned.
Mr. Gear-is that the Iowa case?
Mr., Eawlinn-No.
Mr.. oear-I thought tho Senator was
uoiing the Iowa case.
Mr.. Tcllcr-I did not want 10 Inter- |
upt the senator until he was through |
Win that case. but I now ask " that |
; not the Utah case;
Mr.. Eawllns-.Yea.
Mr. Tellef--i want 20 call attention TO |
he fact that congrcra IN 1850. In the act |
, establish q Territorial government |
lr Utah. used this language
That the Constitution ana laws OF the
'nlted states are hereby extended over
nd declared To be In force In said Ter
TORY OF Utah 10 far as tho same or
ny provision thereof may be applica-
le.
SIR. Rawllna-f was not unaware OF
nat. Mr.. President There has been In
lost of the organic acts pertaining 10
le Territories such a provision. That
roveH nothing against the contention
hich have made. II simply disclosea
iat the Congresses which passed these
cts, " there was any doubt upon the
uoStlon-as there had been some ex-
~, -, ~ huesl hl,h IN bhnlcl Web
Ter ana others IN Congress, but never
the supreme Court " the United
tnter-that the Constitution was np-
Ilcable 90 q Territory. desired, 80 FAR
they had the power 10 do 80, 10 ro.
owe that doubt. II was an Indication
the sentiment which had its incrp.
on az the time OF the adoption ~ the
and which has continued
iwn 70 the present. that II thore was
could La IAlHhN |
round, Congress Intended, 10 far na
lanlhle. 10 rnmnNn TINT lnIIhI. Inn mr. |