The sun. [volume] (New York [N.Y.]) 1833-1916, 1899-12-17
CONGRESS- ADRIFTy
Carried Away in the Roberts Case by the
Ignorant Efforts of Emotion mud Gnah,

to see that THE Sun has n Ut been carried awav
from the moorings OF the Constitution by tho
food OF sentiment and prejudice that seems to
have swept Of so many good people In the case
OF Mr.. Roberts. or course. outside OF Utah
there is no difference OF opinion in this country
on the subject Of polygamy and polygamoue
relations Wo arc all agreed that both should
be prescribed and punished by law. Every
State In tho Union, Including Utah. has lesis-
lated to that effect. II Mr.. Roberts Is guilty OF
polygamous relations he should be punished
according to law. in tho same way as II he had
been guilty OF murder or any other crimc.
But the question that has been raised as to the
seating OF MIR Roberts In the House OF Repre-
sontativos has nothing to do with his guilt or
innocence.
1t Is admitted that he was fairly elected By
his constituents. He now comes forward to
tako his seat and tho question Is: ia he enc
titled to do SOP In republic the people hayo
tho right to select any one they please as their
agent to make laws for them. When We formed
our Government our people had that right and
no one could take II away or limit IL but them
selves They did limit It by the Constitution
in three respects and three only. They de-
cared that:
mo person shall be Representative who shall not
have attained to .he age OF twenty-five years. and
been seven years a citizen Of the United statos ana
who shall not when elected be inhabitant Of that
State in which he shall DO chosen"
These were the only restrictions imposed.
and subject to them the electors Of each Con.
Rressional district can elect anybody they
please an | when elected he has right to 10
sworn In and take his seat. II the House can
add any restrictions to those imposed by the
Constitution. then the House has a right to
amend the Constitution and does so by impos-
Ing additional qualifications.
The wise men who framed our Constitution
thought that the qualifications Of both voters
and Representatives should be fixed by that
instrument James Madison. discussing that
subject. said:
THE qualifications OF electors and elected are fund.
nmontal articles in a republican government. and
ought to be hxed by tho Constitution II the Lsgs-
lature could regulate thso OF either IL can by de-
Rrccs subyeit the Constitution. A republic may be
converted into arstocracy oligarchy as we'll BY
limiting the number capable Of bsng elected - the
number authorized TO elect. Qualifications
fouadcd art fetal distinction may be devised By
the stronger in order to keep o N partlsans Of .
weaker faction"
The convention agreed with Mr.. Madison. and
prescribed the qualifications OF a Representa-
tive by the Constitution. and any attempt to
enlarge or diminish those qualifications 10 q
step toward the subveraion OF the Constitution,
The trainers foresaw that questions might
HTlse az TO WnelUPr persons claim DE seats In
Congress had been lawfully elected. and as to
whether they possessed the qualifications pre-
scriDed by the Constitution. and they pro vided
for such cases:
Each hoass shalt be "A, iudg. OF the elections.
returns and publications OF its own members"
Note the words have itallclsed. the Judge"
A judge il not an arbitrary authority having
the right 10 settle question according to his
own will but he Is bound TO decide In Accord
nnce with the law that governs the case.
Again. each house Is TO be the Judge Of
,ridt? or the elections. returns and Qudltfcd-
tons OF it's own members. 1t is to be the Judge
OF nothing else. 1t has under this sectonl 90
power TO Judge OF the virtues. crimes or misde-
meauors Of member. 1t can ask and deter
nino only three questions as to his qualnca-
tions. l. he % years Of age ? Has he been
seven years n citizen OF the United Statesp
Was he. when elected. an inhaoitant OF the
State In which he was chosen! These ques-
tons determined alirmntve!y. the House 10
JtuCtus Ohscio as 70 tho inquiry. and the MEM
Der is entitled TO take his seat.
The mem bers OF the House. who have them
selves taken the oath TO support the Consttu-
ton. arc bnund to Judge OF the qualifications OF
Mr.. Roberts. not according TO their own sym
pathIcs or preIudc-s. or the wishes OF their
constituents hut according TO the Constitution
which has fixed those qualifications.
II Is Gear therefore. that all this investiga-
ton now going on before Mr.. Tayler's COM
mittec ia outside the Constitution. and is an
invasion oil the rights OF the Representative OF
Utah II so happens that he Is Its only Repre-
sentative So thai tho State OF Utah Is denied
representation in the House OF Representa-.
tivcs while this committee is determining q
question that never hould have been raised at
this stage. Mr. Roberts should be allowed to
qualify and take his seat at once. When that
Is done. the House may. under another clause
OF the Constitution, take action on his case.
with a view to his expulsion. That clause pro-
vdas:
Zach house may determine the rules OF its pro-
oeoiings. punish its members for disorderly DO.
havior, and with the concurrence OF two-thirds
eIpel member"
Whether this clause authorizes the az pusion
OF n member for any offence not connected with
his Official conduct as Representative is an
oIen question. But 1t Is question OF con.
struction which the House has right to de.
termn" for itself. In Great Britain It Is set
tied that either house OF Parliament can expsl
Il member for conduct not connected with h,a
official position. Aud the language OF the Com
House tn! and unqualified power to espsi bys
two-thirds vote.
has Is fnS t. ss ss Ss d. that the H9T:
position by the clamorous demands OF q great
many goon people. ana II only shows thar In
Republic dangers are to he apprehended some.
times from the best classes and with the best
motives u this crusade Of the preachers and
which cxs nowhere In this country except In
Utah, aud there only u a few cases. shou!d res
SUIT IN substituting the pleasure OF the House
for the requirements Of the Constitution. the
people At large will, los" infinitely more in
liberty than they, will gain In morality. The
snrctity Of the homo is most desirable
thing. but. aftor all, the aanctity
OF each individual home depends
great deal more upon its own inmates than
II dos upon out sders But when the sanctity
q the Constitution is invaded every Americans
liberty is attacked. The price OF liberty 10
friends as well 40 against deliberate foes The
theory or republican government Ia that the
people will select the men hest qualified to
garry out their will In public affairs. But II
these representatives. after they are elected.
allow Themselves TO he controlled by resnlu-
tons or p"titi ions gotten M by certain classes,
whether good or bad, the result is that they
become tho representatives., not OF the people.
but ~ tho classes, j. s. TUCKER
WASH GTON, Dec. Is.