| Show UTAH BEFORE CONGRESS in the congressional daily globe washington D C of the march we find the speech of the hon JOHN F KINNEY delegate from this territory delivered before congress on the of that month we take pleasure pleasure in placing it before our readers as we believe it is the first speech of any extent that has ever been delivered in congress by any delegate from this territory i mr chairman delegates are to a great extent dependent upon the courtesy and liberality of 0 the house for buch euch legislation as their territories require with no vote in thia this body with no one in the other branch of the liati national onal congress directly interested in measures of legislation afflec affecting ting the of their people we look to you with a beelin feeling a and nd hope not unlike that which actuates the e child when addressing the parent asking for food and clothing for the nourishment and protection of the body indeed str air the relation of the territory to the parent government may not inaptly be compared to that existing between the child and parent you sf air breathed us into existence by your legislation were we created b by y your bestow ments menta do WB wn as an organization maintain our territorial government the federal government as our presiding head appoints our officers aw and I 1 appropriates the amney for paying our executive legislative and judicial expenses all this yea more kindness attention to and respect for lor our lesser leaser wants are all due from the parent government during our minority but mr chairman as the child growing browin as into manhood nati naturally rally raily eels feela restive under und restraint humiliated by control d desiring desiring i to be freed from servient ib and to exchange it for the full liberty of noblet noble hoble fied fled manhood mm hood so with territories after alter passing through the restraints of youth and arriving at the ful full status of state manhood they naturally long for the liberty pen dence and blessings which aone wone are to be found in providing for their own wants and maintaining their own existence but airl sir bir territorial relation is unlike that of the toe child jn in this thir there is no prescribed time of se device vice due to the parent government while me tue son at the age of eighteen years may be physically and mentally d for the stern duties of life he still owes allegiance to the parent until be he attains the mature age of twenty one 2 not so with the territory no ume is fixed either by the constitution or law or by any well settled ruie rup rue when the relation of territorial dependence shall cease and that of state manhood commence depravity Ue and crime have made it necessary to ordain governments enact administer and anti enforce law that may be punished and thereby the innocent protected experience however has proved that a republican government to the people the largest possible amount or liberty consistent with protection to life libert ilbert liberty and property properly is better belter adapted to the wants prosperity dud har bar happiness of man than thin any other othen that hag ha ever been devised such a government did our fathers ordain for us and it is to be berven fervently fer venly lv hoped hopet that summary and retributive pin ishmen will speedily overtake those who are endeavoring to destroy it A ARE HE territorial tell TEIl governments republican buh but mr chairman it has hag well been cui ell r a dionel whether a t l t form of government bucl buci suc buc as now exists is with the cipes of our republican as established under the federal constitution with becoming dt deference ference to the opinions of other others and in a spirit of inquiry bich bich only beeks to expose the true character of the e governments with a view to change I 1 coy may be permitted to examine them by the lights which the history ct of the country and the princia ta as I 1 of the constitution afford the e rue among juriss in construing t junior statutes U t i is t to 0 1 un e first what ads the tile old law second what hat bat was the mischief c m of and ard and third what was the reta leia ey y intend intended eit pit or provid provided fd by the subsequent statute let in us apply aply this rue in con construct g cue cur cu constitution or form of federal goverline Go vernine t whit ahrn was the old law under the col nl n al at government I 1 anaw r taxation aitho t representation and the appointment of office a to rule over the people wi hout their heir consent what was the mischief complained ot simply the oppressive ard and desp dep tic tendency cv of uch uch ucb unjust laws the enact mei it by the br kioh parliament of st autes statutes for the govern ment of the colonies roi col onies witha it allGAi allow ing rg them ilem either voice or vote in th forum the law and the of meu men to a feck feci in the ton colonies coon iek iea from geat who had hild ID iio in common with the people mr Ct chairman lairman the war of be 11 evolution revolution was fought to get rid of this ibis kind of at govern ment up a tin ioie loIe liv kiv iti to detroy ii troy k eib vis divine right of kings to rule over the people without their consent to establish free government with taxation and arid representation inseparably united and to gire give the people the source of power the right righta id choose their own officers especially those in trusted with the lawmaking law making power this thib I 1 repeat was the tiie remedy intended for the mischief wd und r the od regime by the fithel a of the revolution the appeal to the god of batties battles baua baui es was waa not in vain the weaker became the stronger party the divine right of an to govern himself triumph triumphed d and our republican government was established the he federal constitution was adopted adapted an elective congress created but bat clothed with certain well weil defined powers and from the exercise of or any but those that were delegated POWER OF TO ORGANIZE territorial governments in looking into the however we find no express power porter conferred upon congress to 0 organize anize territorial governments As congress perives derives all its powers atom the con ution it follows as a necessary consequence that it must be confined in its legisla tion to the exercise of oni such as are therein enumerated but it has been said that tte power lurks in the second section of the fourth article of the constitution bithe the congress bail ball haye have power to dittore or r and make all needful rules and rega regu scions the territory or other ohler property bot bet to the united state 11 by this section congress may do two things first fi rbt rat dispose ot of the territory that ia is the land alienate the title seco d s make needful rules and regulations respecting the territory the lai d the timber the m of alienation I 1 believe in no place else in the constitution is the word 6 territory used here it is used as property clearly BO so ax as the words other othen property immediately following determine it Us signification and force the mind to the co elusion that it was intended in that sense and in that ense aone alone territorial governments are the rules and regula mods liona tor for the people and not for the tyl iry and as the people are not property you cannot rely unon upon this clause in the constitution as the basis of power pwen for their government ern ment nut but it is said that with the right to acquire Is coupled the right to govern thi is its titie tine when applied in a military sense jut ut ho boa box AT can it be tribe in a legislative sense prot providing iding coo Coz congress gress derives all of its authority from he the enumerated powers of the con and providing tha power tog to g vern by tb the e forma ion of territorial governments is nowhere con berred theford The Th farst efird section of the first article of the constitution is aa as fol tol follows lowitz ali ail all legislative awer herein granted hall shall be vested in a congress of the he united states sates which stall consist of 0 a senate ani and eouse it fit representative P the tile words worda herein sherein gran granted teai tedI confine con congress ia in its leiti legislation within the scope of the thess specified powers therein expressed but not to dwell grant that the power is derived from the constitution it follows that your territorial courts created by act of congress based upon the constitution should be organized as provided in the first action a of the third article it reads as i the anale ill tit 1 power of tile the united states shall detest be test vest el id in one supreme court and such guch interior inferior courts as th the congress may from time lime to time ordain and establish the judges bb of at the supreme and inferior interior courts shall hold bold their filz filc a 8 during good behavior t congress derives its power to establish inferior interior courts from a clause in the eighth section of the first article among the enumerated power powers to wit to constitute tribunals inferior to the supreme court but ejection one of the third article above cited vests the judicial power of the united states in v t e GU su preme and such inferior cours couns as con Cor congress gress may ordain and establish and the judges ridges thereat shall hold bold there offices duning during good behavior all territorial courts established by p congress angress are states courts the judicial judi c a power of the united states is in part ve tested in these courts the only power ower owen toor to or iain tain them that cone Conz resa haa has is derived derived from i the constitution yet strange to blay flay the law crea area ing big these territorial courts as the judicial department of the territorial terri toria torla I 1 govern I 1 in nt provides for the appointment of the tor lor four years and ario does not know tint that it has been and is the practice of the president to remove these judges at plea piea pleasure siire it follows then that it we look to the constitution ution for rot tha the authority for these territorial governments we are in doubt trouble troubie and and I 1 am at a loss to find the tiie source of power except we ive resort to that full fall and overflowing fountain the di died cd scott decision my only object in calling the attention of he be house to the constitutional question involved is that the difficulty may be obviated by admitting these territories as soon as possible if i the question is asked how are he people to be governed prior to admission into the union I 1 answer in the language of articles nine and ten of the amendments to the constitution AT 9 the enumeration in the tha constitution consi ution ot of certain hasil not be to deny or disparage ga otters oner retained by the people art AST bart 10 the powen powers nat nil delegated to the united states by tor the constitution nor prohibited by it to the stately state are r s arved to the th states respectively or to the people CHARACTER or OF territorial government but gir sir these territorial governments once ones established what is their character are they republic republican not mr air chairman it if you mean by the word ward republican the right of the people to elect their ovin ovia auers ru ers I 1 said in the i commencement that it bad been gravely ques tinned whether our territorial terr etorla governments govern menta 1 were consi tent with the prin principles c of our republican government our fathers ought to get rid of the old law officers to rule over them without their consent taxation without representation and it has been generally understood der stood perhaps erroneously that they were successful successful that they planted upon am rican soil republican liberty taxation aid ard depre 1 senta ion both browm browin ua on the same stalk and self seit government free and universal suffrage among the p ople as the most precious i fruits of the revolution but how is it with your our territorial governments I 1 answer mere colonies occupying i much the same relation to the genera govi eminent as the coloni colonie ex 4 d da d to the bri breish ish I 1 government prior to the revolution Y you OU give ive lve them the form of a government but with ton fon boert from th tn N people the right of elective franchise you appo appoint irit lilt their governor their secretary th thir thin it judges p their marshal and i their district attorney and too often impo e i i these officers upon them from a dabb class of men j who bo have ni n interest in common with the pe pie and know nothing of the trials and struggles of their infant settlement aside from this anti an feature it is a ol 01 beri seri il ous hardship p to the people of our western i territories who are forming the nucleus f mighty states bold ai at d ent enterprising Pir eit f full fuli til ill of adventure and intelligence the t ardy hardy pi neer turns his back upon it i e n ot of civilization and an 1 l with his family penetrates the nn tin explored exi lored west ald and there establishes the ot a ereal great em empire pille in ill a tew few years is destined to powerful a among in 0 1 the rati iati rations nations ons of the be earth who can who dare deny them the right secured to them as was supposed by their fathers hat of selecting from their number their own men met to administer the of the new col kol colony oiiN but suet has not been the practice of the government it is sa it they have the ri ht bt to elect members te to the legislature to form their orn oan own laws T is is true but of what whai hit aval is this right in fit the territory Ten tory I 1 represent when ti e governor who is appointed by the president and consent of ine ice senate has absolute an ark aru veto in tit on all their legislation the deml ers era of the Cou council licit and 11 II use time 11 1 ay hav been unanimously chosen chogen by b be people un er standing their local wons wona may pass pas without a dissett ing vote in either bi bianch nuch such bilis bills as the antei ets eta e ets ta of their con contra brunts rits tits may r quire and when pent petit to the governor who i fresi frest from bome some of our ohr n athern cities unless it meet with his royal sanction thel legis atlon is all ail i D he is to not even ed to veto the bill and aud return it to the house from whence it originated with his 0 sections it mu must st be approved by him or it c emot become a law hence he has baa only to dep BU sit the bill in his bis tl capacious pocket treat the lf legislature with supreme contempt as his negative power overcomes com s and overrides the united actio accio of an art entire legislative hody so arbitrarily was this power exercised over the legislation of 1 1 utah during the session of 1862 63 that only two bills of a general nature anti ind they unimportant por tant met wih with wib executive favor tue the vital ledi leei legislation of bat session Bee see sion aion the ap tion and ami other important bills passed a of forty days were summarily ignored by nis nia his hia excellency t and that too without evik ev deigning to stoop from h giddy kiddy bight b ight of gube elevation to beurn ve ti e bills to the legislature with his oba ctr ns jig yit vin mr tit churman charman the very first caule of c mi plaint against king george by b our fath rs re as recorded in the declaration of independence is the following ghue he bab bag refuted his bis artent to lwe law the tte most wholesome and add nece necessary scary seary for the pu lie ile gold I 1 comment is unnecessary the an analogy ij i i too striking an I 1 leave it for the future historian to determine the respective merits dents of 0 george III lii and stephen S Hard harding Dg late laie governor er norol of utah uvah TAXATION AND representation but I 1 hae hae bae rete refe irva irea to the causes of t he the revolution and as aft one of |
