The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-02-12
THE SALT LAKE HERALD: SUNDAY. FEBRUARY

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would have continued in force as il
was originally enacted, and there would
have been no necessity to change or
modify 1T in order. to conform to the
limitations and provisions of the con-
stitution.
7 On August Z, 1889, the very year in
which the constitution of the United
States was ratified, congress, composed
of men who participated in the framing
of that instrument, deemed it neces-
sary to pass this act, entitled IAN act
to provide for the government of the
territory northwest of the Ohio river, -
containing this provision, which ]
quote:
Whereas, in order that the ordi-
nance of the United States in congress
assembled for the government of the
territory northwest of the river Ohio
may continue to have full effect, it is
requisite
Note the words
that certain provisions should be made
so as to adapt the same to the present
constitution of the United States
Statutes at Large, volume l, pages
50-53.'
Nc. such act sofemnuly passed as that
could have been passed by the men
who participated in framing and adopt
ing the constitution of our country,
unless they believed that that instru-
nlent and all it's provisions not utterly
unsuited to the condition of a territory
would be proprio vigore applicable
| thereto, and it would be necessary to
make any legislation previously en-
| acted or subsequently enacted conform
| to the provisions of that instrument.
! Whatever may have been done after
that is immaterial, especially by those
who did not participate in the framing
l.af hot if,~t ~
poraneous declaration, an interpreta
ton of the constitution, and asserting
the fact that that instrument was orig
1nally intended to apply TO the terri
tories and not to be confined in its OPP
erationS within the limits of the states.
There is nothing in congressional legis-
lation subsequent to that time which
! is inconsistent with the Interpretation
! to which l have now alluded.
SUPREME COURT DECISION.
Turn to the supreme court, Mr.. Presi-
dent. At this point / may be pardoned
if l briefly allude to the decisions from
the first, constituting a part of the his
tory of that tribunal and all its declar-
atoms from the beginning until now on
this question. In 4 Wheaton dough
borough VS.. Blake Chief Justice Mar
shall, delivering the opinion of the
court, said:
1.-The eighth section of the first article
gives to congress the power to lay and
collect taxes, duties, imDosts and eX-
cises' for the purposes hereinafter
mentioned. This grant is general, with
out limitation as to place. 1t, conse-
quently, extends to all places over
which the government extends. If this
could be doubted, the result is removed
by the subsequent words, which mod
ify the grant. These words are, but
all duties, imposts and excuses shall
be uniform throughout the United
States 1t will not be contended that
the modification of the power extends
to places to which the power itself does
not extend.
duties, imposts and excuses may be eX-
ercised, and must be exercised
throughout the United States. Does this
term designate the whole or any par
ticular portion of the American en-
pire? Certainly this question can ad-
NIT of but one answer. 1t is the name
given to our great republic, which IS
composed OF states and territories. The
District of Columbia or the territory
west of the Missouri is not less within
the United States than Maryland or
Pennsylvania: and it is not less neces-
sary. on the principles of our constitu-
ton, that uniformity in the imposition
of impCSts duties and excuses should be
observed in the one than the other.
Since, then, the power TO lay and collect
taxes, which includes direct taxes, is
obviously cOextensive with the power
to lay and collect duties, imDOStS and
excuses, and since the latter extends
throughout the United States. it follows
that the power 70 impose direct taxes |
also extends throughout the United !
States"
1 next call attention to the case of /
Webster VS.. Reid I'll Howard page 46O), /
which arose in the territory of Iowa. /
The defendant in error Reid. recovered /
Judgment against Webster for a 1uar- ]
ter section OF land. The validity of the /
judgment depended upon the regularity /
of the proceedings under a statute of /
said territory. The judgment in favor /
of Reid was held valid by the supreme /
court. In this case Justice Mclean |
said:
by the seventh article of the amend
ments of the constitution it is declared: /
in suits at common law, where the
value in controversy shall exceed so,
the right of trial by jury shall be pre-
served The (territOriaD act
under which the above proceeding was
had prohibited the trial by jury in mat
tiers ot fact in which the suits were
founded. In this respect the act was
void"
The opinion in that case was deliv-
cred by Mr. Justice Nelson, and the
court held that that provision of the
was applicable TO the ter
ritory of Iowa.
In the case of Reynolds VS.. the United
States (9S u. s., 1922, which arose in the
territory OF Utah, Reynolds claimed
that his religious rights had been in
'ringed in his conviction. In the opin-
on o. the supreme court in this case
chief Justice Waite uses this language:
Congress cannot pass law for The
government of the territories which
shall prohibit the free exercise Of re-
igion. The first amendment to the con-
;titution expressly forbids such legis-
: ton. Religious freedom is guaran-
eed everywhere throughout the Unit
I'd States so far as congressional legis-
alton is concerned.
Mr.. Gear-Is that the Iowa case?
Mr.. Rawlins-No.
Mr.. Gear-I thought the senator was
quoting the Iowa case.
Mr.. Teller did not want 10 interrupt
he senator until he was through with ]
hat case, but l now ask if that is not
he Utah case?
Mr.. Rawlins-Yes
Mr.. Teller-I want to call attention to ;
he fact that congress, in 1850, in the {
.ct to establish a territorial govern :
nent for Utah, used this language:
That the constitution and laws of {
he United States are hereby extended {
'ver and declared tc be in force in said
arritory of Utah so far as the same or {
ny provision thereof may be appli- !
able"
iETORT COURTEOUS TO TELLER.
hat, Mr.. President. There has been :
n most Of the Dro-l Dip acts mort n iriy =