The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-02-12
SENATOR RAWLINS GREAT SPEECH
COgent and Brilliant Argument Against Peace Treay-One
OF the Ablest On the Question.
Secondly. he saws:

l
: themselves.
L refer to this in order to make exam
/ ination of il TO see whether there is
any proper foundation for these asser-
| tons. 1t if were true that the consti-
| tuition of the United States is not op-
erative at all beyond the limits of a
state, it proves toe much for the pur-
pose of those who assert it. If the mo-
| ment you step outside of a state the
constitution ceases to be, is a nonen-
tity, is not to be referred to, because
! it is not a vital and living force there,
what follows? The All individuals who
constitute the congress of the United
States, the man who may occupy the
presidential chair, at once ceases to be
clothed with any official character or
possessed of any power whatsoever.
No one Of the departments of this gov
eminent, either the executive, the jul
dicial, or the legislative, can exercise
authority anywhere, either in the states
or the territories, except under and by
virtue OF the constitution. Strike away
the constitution and they are emaS-
culated of ali authority. They can not
take any authoritative step anywhere.
They are possessed of no more power
than that which pertains to every pri-
vate individual.
MI. President, it may be that the
constitution in some of its provisions
is not self-eXecuting, but that is no less
true in a territory than in a state.
Until congress has provided for tri-
bunals inferior to the supreme court
and clothed them with jurisdiction to
enforce rights and to redress wrongs,
the inhabitants of the state where there
has been d violation OF any of the fun
damental rights secured to them by
virtue of the constitution may be with
out opportunity or means of redress;
ii is possible they may be imprisoned
often unlawfully, without due process
of law, and be without the remedy of
the writ of habeas corpus, but in the
meantime, until congress has perform
ed the duty devolved upon it by the
constitution and created such tribunals
and clothed them with the necessary
jurisdiction. are those rights nonexist-
cnt? Certainly not. If they are in
fringed, it is a violation of right; and
if for the time being there is no tri-
bunal competent to grant redress, as
soon as such tribunal is created and
clothed with the necessary power, the
individual whose right is infringed may
go into court and seek the form of re
dress which may then be competent.
Mr.. Mason-Wiu the senator yield
for a question?
The President pro tempore-Does the
senator from Utah yield to the senator
from Illinois?
Mr.. Rawlins-I yield.
Mr.. Mason-Has the senator dis
cussed at all the statute which covers,
or evidently was intended to cover, the
suggestion he has been making? Sec
ton 1877 of the revised statutes pro-
vides that
'All persons
1t does not say all citizens, but
All persons within the jurisdiction
q
same right in every state and territory
to make and enforce contracts, to sue,
be parties, give evidence, and to the full
and equal benefit of all laws and pro-
ceedings for the security of persons and
property as is enjoyed by white citi-
zens. and shall be subject TO like pun
ishment, pains, penalties, taxes, icen- |
SeS and eXactiOns of every kind, and to |
no other"
Would not that statute extend all |
The benefits of the constitution to all /
persons who are within the jurisdiction
Of the United States, even though the !
machinery for giving the constitutional i
benefit had not been established?
LOUISIANA CITED.
Mr.. Rawlins-Mr. President, 1 am !
not now considering the question Of the
necessity or of the force of a statute of
congress. I am considering the ques-
ion as to the scope and operation of |
he constitution Itself. The proposition
make is that in the states some of the
PROVISIONS of the constitution may not
De self-eXecuting, and it is no less true
n the territories than it is in the
states.
Turning now TO the condition in a
erritory where the territory is acquir-
d from another government, all NUM-
.inal laws and regulations in force at
he time OF the acquisition continue to
De in force after that time; that is, I'M
il they are superseded by competent
egislation. subject, however to this
qualification. that they must be so mod
fed as to conform TO the fundamental
principles established by the constitu-
ion OF the government succeeding to
he sovereignty and the public policies
which grow out of such principles. That
vas the rule which was applied with
aspect to the Louisiana purchase and
With respect TO the acquisition from
dexico.
During the inter- 1Snum, the moment
he territory is acquired the constitu-
ion of The United States and ali the
provisions Of that instrument, IL SO
az as they are not essentially unsuited
nd ln3ppHcaDle TO the condition OF the
erritoTy, become prcprio ViSore apple
bic thereto and control all the NUM-
ip2! laws and regulations which may
Il
ontTolleG the people up to that time.
Mr.. President. il is true that congress
lay temporarily delay or refuse to
erform its duty OF providing a form of
government and judicial tribunals in a
as it might refuse to Ger
1rm its constitutional duty in provid-
lg for courts inferior to the supreme
curt within the borders of a state. But
e are not to indulge in any Dresump-
on that congress will neglect to per- !
Jrm any duty which devoives upon il l
rder and by virtue of the authority J
onferred upon congress by the consti- q
Ition.
Let us proceed one step farther IN $
his matter There are certain Drovis- /
ms Of the constitution which in their
allure are not and cannot be made ap-
licable to a territory. The trainers Of '
lie constitution contemplated that the d
nited States would acquire and hold I
and that such territory would +
2 incorporated into the Union upon Ii
n equal footing with the original a
-ateS as states in due course OF time. [
was presumed that the territorial v
tuatiOn would in every instance be but v
,mDOTary. a
Allusion has been, made to some de- I
sions Of the supreme court of the o
nited States and the practice OF the a
)Vernment that the territorial courts n
'ovided for by legislative enactment a
re not constitutional courts; that they s
re not courts inferior to the supreme q
turt; that the judges of those courts,
hen appointed, do not hold offices dur o
g life or good behavior. That provis- 4
n is unsuited to the situation in a &
rritory, because the trainers of the p
as a part of the interpre- Fl
ton of that instrument, contemDlat- p
that the territorial condition would Il
every instance be temporary. The V
fa,.;o,. =