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

would not the President. n such act
were defined and recognized IN the mu.
nlclpnl law applicable to the Territory
be guilty OF murder?
Mr.. President. We cannot take one
step anywhere within the limits OF our
national domain as affecting the rights
| itants dwelling anywhere therein ow-
lng us allegiance except under and by
virtue or the Constitution. No matter
now many OF the departments author
ixedly participate In that act. they
stand upon the footing Of mere intrud-
crA and pirates when they infringe up.
ON the right. the liberty, or the proper.
" OF the inhabitants anywhere within
our national domain except In the exer-
else OF power which has been conferred
upon them by the fundamental law Of
our land. Therefore state that to
prove that the Constitution II only
operative within the States proves too
rert H.
Now, NJ TO the proposition that the
Constitution can only apply % the Ter
flt0riea " extended there by an act Of
congress. that. when we nnniyzc 10.
presents q most peculiar situation. An
act OF congress Is an insufficient basis
upon which TO rest the Constitution.
The Constitution cannot rest upon an
net of Congress. but an act ~ CONGRESS
must rest upon the Constitution. and in
every Instance must depend FOR It's val.
ldlty upon the authority which that in.
sifumcnt confcrs upon Congress 10 en-
What is the proposition. when II IA
stated IN It's bnldest form. which II pre-
sented here TO justify the procedure
which y proposed IN regard TO the
Philippines by some pruntorag The
proposition y that the Constitution
cannot be In force In the Territories cx-
cept by Virtue Of an act ~ Congress.
" i equally certain that an act Of
CONGRESS cannot be In force IN the Ter
rltorles except by virtue OF the Conati-
tuition. In logic that IL what IL called
a vicious circle.
The senator from Massachusetts, tMr.
LOdNol, stating tho propositions which
he did-namuly. that the Constitution
had no operative force out OF the states
and that u could only be made npplic-
able by virtue Of an act Of Congress
saii that such had been the course and
practice % this government. No such
precedent and no such practice has
been presented 10 Us. Every precedent
whether legislative or Judicial. Is
against the senator's contention All
my life has been spent IN Territory.
For twenty-five years I have practiccd
lay there. and never before did | hear
anybody arise In HIS place and contend
that the safeguards Of the Constitution
were not "a vital and living force any
whore In the Territories. Time and
again have searched the Constitution
To Ind safeguards TO protect the
rights Of my clients. citizens OF n
Tt rltory, ANA many cases I have carried
to the highest judicial tribunal In this
land. and have been able successfully
to nsscrt and maintain those rights In |
that august tribunal.
say that there never has been an |
opinion delivered by the Supreme court. |
there never has been hint or augRcH. |
tion by amy judge who has ever occu-
pied place In that august tribunal |
from the time OF lta creation until the
present hour. which has ever asserted /
that the Constitution ~ not proprio |
vlgore applicable 10 tho territories. and |
does not ~ much safeguard. IN those
relating 10 civil and indi-
viduai rights. the citizens OF the terri
tory ~ the citizens of the states. Let
ur see. I am indebted 10 tho Senator
from Colorado lMr. Tcllefl for one pre-
ctdent Of legislative practice which IN,
10 my mind. exceedingly significant.
The ordinance relating 60 the North.
west Territory was passed In the year
iiss. before the Constitution Of the
United states was framed aud ratified.
The Constitution was ratified In 1883.
ratified prior municipal rcgula-
lions continuing In force until super
seeded. according To every principle OF
public and international law, subject
10 the qualifications which I have
pfs yiouaiy Htated-if the Constitution
NJ the United States did not become by
virtue Of it, ratification operative In
The Northwest Territory then the ordi.
nance 81 iss1. although inconsistent
With the provisions of that Instrument,
would have continued IN force ~ Il was
originally enacted. and there would
have been no necessity 10 change or
modify II In order TO conform 10 the
limitations and provisions OF the Con-
utltutlon.
on August 7. 1859. the very year In
which the Constitution OF the United
States was ratified. Congress-. COM
posed of men who participated IN the
OF that lrftrument. deemed II
necessary 60 pass this act. entitled An
act TO provide for the government OF
Ne territory northwest OF the ohio