Show THE DEBATE Continuation the Cannon Campbell Contest in the Blonse Bcitzhoovers Argument Continued from Tuesday It will thus be seen that eleven states organized from territories when autbor ized to form state governments and the same number when admitted to the Union had frea populations ot less than 60000 and tbat of the slave states included in-cluded in this number seven in all not one had the required number of free inhabitants in-habitants either when authorized to take the first eteps toward admission or when finally admitted and that both of these steps were taken by two of the latter states with a total population free and slave below the required number vv ny so many Etutes have been authorized to form state governments and have been subsequently admitted to the Union with pouulati ms so far below the requirements of the ordinance of 17S7 and the accepted rule for subsequent action may be briefly explained as follows first by the ground for the use of a broad discretion discre-tion afib Jfl in the provisions ot the ordnance or-dnance c t 117S7for the admission of states when deemed expedient before their population pop-ulation should equal the required number num-ber and second by the equally wide discretion given by the Constitution in the words New states mal be admitted by Congress into this Union the only provision of the Constitution bearing specifically spe-cifically upon this subject Efforts have been made at various times to secure the strict enforcement of the original rules With the modification resulting from the increase of the population of the Union which provided that the number of free inhabitants in a territory seeking admission admis-sion should equal the number established as the basis of representation in the apportionment ap-portionment of representatives in Congress Con-gress as determined by the preceding census How little success the efforts made in this direction have met may be seen by a comparison of the number of inhabitants forming the basis of representation represen-tation as established by the different censuses cen-suses and the free population of territories territor-ies admitted at corresponding periods WHAT rOWER HAS CONGRESS TO ACQUIRE AND HOLD TERRITORY It has been decided that the power to govern the territory acquired by the Federal Government after the formation of the Constitution is an inevitable consequence conse-quence of the right to acquire Judge Taney says But no power is given to acquire a territory to be held rind governed permanently perma-nently in that character The power exercised by Congress to acquire territory and establish a Government there according accord-ing to its own unlimited discretion was viewed with great jealousy by the earlier statesmen Judge McClean in Scott vs Sandford says No powers can be exercised but those which are initiatory to the establishment of State governments and no more power can be claimed or exercised than is I necessary to the attainment of the end This is the limitation of all the Federal power Judge Curtis says The purposes and objects of the clause were the enactment of laws concerning the disposal of the public lands and the temporary government of the settlers thereon until new States could be formed It has been held to authorize the acquisition acqui-sition of territory not fit for admission at the time but to be admitted as soon as its population and situation would entitle ito it i to admission It is required to become a State and cot to be held as a colony and governed by Congress with absolute authority The Government holds territory for heir peoples common use until it shall be associated with the other States as a member of the Union But until that time arrives it is undoubtedly necessary that some government should be established estab-lished in order to organize society and to protect the inhabitants in their persons and property and as the people of the United States could act in this matter only through the Government which represented them and through which they spoke and acted when the territory was obtained it was not only within the scope of its power but it was its duty to pass such laws and establish such n government gov-ernment as would enable thoso by whose authority they acted to reap the advantages advan-tages anticipated from its acquisition and to gather there a population which would enable it to assume aposition to which it was destined among the States of the Union It was a part of the solemn compact betwen the states and the general government gov-ernment as we have shown that the territory ter-ritory ceded should be formed into states at the earliest practicable moment and should ba held for no other purpose Utah would long ago have been admitted ad-mitted as a state except for the persistent and defiant practice and propagation of the odious and unrepublican doctrines of polygamy in that territory It is unpatriotic unpat-riotic and unstatesmanlike for Congress longer to permit such a rich and prosperous prosper-ous section of the Union to remain in the condition of a subject province instead of an equal and sovereign state It will never be otherwise however unless we begin at once and with sincerity and energy to disqualify and wipe out the power of polygamy Professor Henry Randall Waite Ph D a very learned and impartial gentleman recently said on this subject Utah is now as when its first petition was presented debarred from admittance by its anomalous condition as a government govern-ment controlled by those who maintain in defiance of law and public opinion asocial a-social system the revolting character of which is too well known to need description descrip-tion Should the inhabitants of this territory ter-ritory place themselves in a condition which would not be antagonistic to the laws of the Union there can be no question ques-tion that its right to become astate would be at once recognized Originally settled set-tled by its present inhabitants in 184647 it was organized as a territory and provided pro-vided with a territorial government by act of September 9 1850 For a considerable consid-erable period prior to this act however there had been in force in the territory a semiecclesiastical government administered adminis-tered by the Mormon leaders under the name of the State of Deseret The government provided by Congress was intended to extinguish that of this pseudo state but the people of the territory terri-tory cunningly framed under its provision provi-sion a constitution and laws which did not interfete with the essential features of the abrogated code of Deseret and was at the eame time acceptable to Congre The result of the changeinstead of weakening weak-ening the power of the Mormon leaders really strengthened it by enabling them under statutes to approved by Congress exercise from that time until now per manent and supreme executive legislative legisla-tive and judicial control throughout the territory While it ia difficult to say in what manner such a result could have been prevented under the provisions a representative territcrial government it is undoubtedly true that the development of Mormoniem r + s a system the defiant i attitude of its adherent and the resultant result-ant difficulties to which Deference will be made elsewhere are cbiefl due to the long tenureof absolute civil authority upon which its leaders entered in 1850 Polygamy is the scarlet letter upon the brow of this fair young commonwealth common-wealth which proclaims her deep shame and forbids her entrance into the sisterhood sister-hood of states EACH CONGRESS MAT TIX THE QUALIFICATIONS QUALI-FICATIONS OF ITS DELEGATES Why Because the history of the territories ter-ritories the clause in reference to them in the Constitution the decisions of the courts thereon and the contemporary legislation all show that the Constitution Constitu-tion doeR not apply to any territory except ex-cept such as was within the jurisdiction of the confederacy at the time of the fjrraatian of the federal government that while tbo office of delegate was welt known to the framers of the Constitution Constitu-tion the word delegate wa not mentioned men-tioned nor dignified with the slightest recognition Delegite were clearly considered con-sidered by the founder of the government govern-ment as not within the purview of the Constitution nor having any of the qual ifiiHtjons of members of Congress Delegates Dele-gates are not therefor contemplated by the Constitution nor any provision made for them in any way h to qualifications Or otherwise H If it is clear therefore that the Conti tuion did not intend that territorial delegates dele-gates should come within its provisions or that they should have tho status or qua ificaiions of members no act of Congress by simply extending the Constitution Con-stitution to a territory would change it f oas o-as to require such qualifications unless the act itself provided such qualifications and then they would be fixed by the act and not by the Constitution No act extending ex-tending the Constitution to the territories in so far as applicable as was done in the case of Utah would have the effect to in any manner provide or change the qualification of delegates because the nstitution is not applicable to delegates dele-gates The Constitution not fixing the qualifications qualifi-cations of delegates and LO act of Congress Con-gress having ever done so the question remains open and under the powers of the House and general parliamentary law the House has the exclusive power to judge of and fix them The Constitution clearly therefore does not apply or provide any qualifications for delegates but leaves it in the power of Congress grejs to say at any time and in anyway any-way it may seeproper what qualifications it will exact of the agents whom as a matter of grace and discretion it permits to come from the territories into its deliberations de-liberations and to sit among its members Neither the Senate nor the Executive nor any other power on earth has any right to interfere except by permission in fixing the qualifications for admission to the House and the concurrence and cooperation of the Senate and Executive in the passage of any enactment on the subject can go no further in giving it force and validity than to make it a persuasive per-suasive rule of a tion which the House is at liberty to follow or disregard Each House shall be the judge of the election returns and qualifications of its own members No law that was ever passed on this subject which is under the exclusive ex-clusive and unlimited control of each House by airy former Congress is binding bind-ing on any subsequent House Each House may wholly repudiate all such acts with entire propriety It is customary custom-ary to regard them as rules of conduct This is well illustrated by the doctrine laid down by McCrtry in his Law of Elections section 349 in reference ty the laws made to govern contested elections The houses of Congress when exercising exer-cising their auth rity and jurisdiction to decide upon the electiou returns and qualifications of members are not bound by the technical rules which govern gov-ern proceedings in court of justice Indeed the statutes to be found among the acts of Congress regulating the mode of conducting an ection contest in the House of Representatives are directory oily and ae not and cannot be mde mandatory under the Constitution In practice these statutory statu-tory regulations are often varied and sometimes wholly departed from They are convenient as rules of practice and of course will be adhered to unless the House in its discretion shall in a given case determine that the ends of justice require re-quire a different course of action They constitute wholesome rules not to be de partea from without cause It is not within the constitutional power of Congress Con-gress by a legislative enactment or otherwise to control either House in the exercise of its own members The laws that have been enacted oa this subject being therefore only directory direct-ory and not absolutely binding would have been more appropriately passed as mere rules of the House of Representatives Represent-atives since by their passage it may be claimed that the House conceded the right of the Senate to share with it in this duty and power conferred by the Constitution Consti-tution It is presumed however that the provisions in question were enacted in the form of a statute rather that as a mere rule of the House in order to give them more general publicity etc CONGRESS HAS ADDED TO THE CONSTITUTIONAL CONSTI-TUTIONAL QUALIFICATIONS OF MEMBERS MEM-BERS WHY NOT OF DELEGATES But admitting for the purposes of this discussion what cannot be maintained that the some qualifications which entitle a member of Congress to admission shall also entitle a delegate to the same right and I still hold that Congress has the tight and power to say that a polygamist shall not be admitted as a delegate Under Un-der the high power inherent in every organization on earth to preserve its integrity in-tegrity and existence Congress has tho indubitable right to Keep out of its councils coun-cils any person whom it believes to be dangerous and hostile to the government During the war almost the whole Congressional Con-gressional delegation from the State of Kentucky were halted at the bar of the House and on the objection of a member mem-ber were not permitted to be sworn until un-til it was ascertained whether they or either of them were guilty of disloyal practices They had each every qualification qualifi-cation usually required by the ConstitutIOn Constitu-tion they were duly and regularly elected and returned they were sent by a sovereign state holding all her relations rela-tions in perfect accord with the federal government but the Hoaso proceeded to inquire into each case and not until a reasonable investigation was had were any of them admitted The committee which had the matter in charge reported and the House adopted and laid down the ct of all following rule oa the subject Euch cases Whenever it is shown by proof that the claimant has by act or speech given aid or countenance the rebellion he should notbe permitted to take the oath and such acts or speech need not be such as to constitute treason technically but must have been EO overt and public and must have been done or raid under mob circumstances as fairly to show tbat they were actually designed to and in their nature tended to forward the cause of I the rebellion To be continued |