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3. Status of Delegates and Resident Commis Ch. 7 § 2 DESCHLER’S PRECEDENTS § 2.24 The Senate may, by reiterated that request for the du- unanimous consent, ex- ration of the 85th Congress. change the committee senior- It was so ordered by the Senate. ity of two Senators pursuant to a request by one of them. On Feb. 23, 1955,(6) Senator § 3. Status of Delegates Styles Bridges, of New Hamp- and Resident Commis- shire, asked and obtained unani- sioner mous consent that his position as ranking minority member of the Delegates and Resident Com- Senate Armed Services Committee missioners are those statutory of- be exchanged for that of Senator Everett Saltonstall, of Massachu- ficers who represent in the House setts, the next ranking minority the constituencies of territories member of that committee, for the and properties owned by the duration of the 84th Congress, United States but not admitted to with the understanding that that statehood.(9) Although the persons arrangement was temporary in holding those offices have many of nature, and that at the expiration of the 84th Congress he would re- 9. For general discussion of the status sume his seniority rights.(7) of Delegates, see 1 Hinds’ Precedents In the succeeding Congress, on §§ 400, 421, 473; 6 Cannon’s Prece- Jan. 22, 1957,(8) Senator Bridges dents §§ 240, 243. In early Congresses, Delegates when Senator Edwin F. Ladd (N.D.) were construed only as business was not designated to the chairman- agents of chattels belonging to the ship of the Committee on Public United States, without policymaking Lands and Surveys, to which he had power (1 Hinds’ Precedents § 473), seniority under the traditional prac- and the statutes providing for Dele- tice. gates called for them to be elected to 6. 101 CONG. REC. 1930, 1931, 84th ‘‘serve’’ (i.e., act of July 13, 1787, 1 Cong. 1st Sess. Stat. 52, § 12), not to ‘‘represent’’, 7. Mr. Bridges stated he requested the which is the language in later stat- alteration of seniority ‘‘because last utes (48 USC § 1711 [Guam and Vir- year he [Senator Saltonstall] served gin Islands]; Pub. L. No. 91–405, 84 as Chairman of the Armed Services Stat. 852, § 202(a), Sept. 22, 1970 Committee, and did a very able job [District of Columbia]). The provision in that capacity; and I desire to show him the courtesy of letting him be a relating to the Resident Commis- rung higher on the ladder, so to sioner from Puerto Rico, 48 USC speak, temporarily. .’’ Id. at p. § 891, does not define his function 1931. and does not explicitly provide for 8. 103 CONG. REC. 835, 85th Cong. 1st his participation in the House of Sess. Representatives. 684 THE MEMBERS Ch. 7 § 3 the attributes of House member- creating the office of Resident ship, they are not actual Members Commissioner did not provide for of the House, since the Constitu- a seat in the House.(14) In suc- tion provides only for Members or ceeding Congresses, the Resident representatives of states duly ad- Commissioner was given debating mitted into the Union. The Con- and floor rights,(15) and now holds stitution is silent on representa- the same powers and privileges in tion of territories and other prop- committees as other Members.(16) erties belonging to the United Although the issue has been States, although article IV, section discussed, Congress has never 3, clause 2, grants exclusive sov- provided for a Delegate or Resi- ereignty to the United States over dent Commissioner to represent such lands.(10) his constituency in the Senate.(17) The offices of Delegate and There is a long list of statutes Resident Commissioner are cre- dating from 1787 providing for ated, defined, and limited by stat- Delegates to Congress from var- ute.(11) The first such statute was ious regions and territories.(18) adopted on July 13, 1787, author- mittees to which assigned (1 Hinds’ izing the election of a Delegate to Precedents § 1300). They lost the Congress from the territory north- right in the latter half of the 1800’s ( ) west of the Ohio River. 12 The act (1 Hinds’ Precedents § 1301) but allowed that Delegate to have a have regained the right under cur- seat in Congress, with the right of rent House rules. (See § 3.10, infra.) debating, but not of voting, on the 14. Act of Apr. 12, 1900, 31 Stat. 86, Ch. floor of the House.(13) The statute 191 (Puerto Rico), now codified as 48 USC § 891 10. As to jurisdiction over the District of 15. 2 Cannon’s Precedents §§ 244–246. Columbia, U.S. Const. art. I, § 8, 16. Rule XII clause 1, House Rules and clause 17, grants exclusive legisla- Manual § 740 and note thereto, § 741 tion over the seat of government to (1973). the Congress. 17. See 1 Hinds’ Precedents § 400. For a 11. See 1 Hinds’ Precedents §§ 400, 421, recent attempt to provide for non- 473. voting Delegates in the Senate, see A territory or district must be or- amendment offered to H.R. 8787 (bill ganized by law before the House will to create Delegate positions for admit a representative Delegate (1 Guam and the Virgin Islands) at 118 Hinds’ Precedents §§ 405, 407, 411, CONG. REC. 24, 92d Cong. 2d Sess., 412). Jan. 18, 1972. 12. 1 Stat. 52, § 12. 18. Delegates have been authorized by 13. In the early history of Congress, Del- the following laws: Act of July 13, egates were allowed to vote on com- 1787, 1 Stat. 52 (Northwest terri- 685 Ch. 7 § 3 DESCHLER’S PRECEDENTS tory); Act of May 26, 1790, 1 Stat. The granting to a territory of Del- 123, Ch. 14 (territory south of Ohio); egate representation has up to the Act of Jan. 9, 1808, 2 Stat. 455, § 3 present preceded the admission of (Mississippi territory); Act of Feb. such territory as a state into the 27, 1809, 2 Stat. 525, Ch. 19 (Indi- Union. On the other hand, those ana territory); Act of June 4, 1812, 2 properties of the United States Stat. 745, § 9 (Missouri territory); which have been granted rep- Act of Mar. 3, 1817, 3 Stat. 363, Ch. resentation by a Resident Com- 42 (Delegates in all the territories); missioner have not become Act of Mar. 3, 1817, 3 Stat. 373, § 4 states.(19) The question has arisen (Alabama territory); Act of Feb. 16, whether a territory or other prop- 1819, 3 Stat. 482, Ch. 22 (Michigan erty is entitled to a Delegate or to territory); Act of Mar. 2, 1819, 3 a Resident Commissioner. It has Stat. 495, § 12 (Arkansas territory); been stated that an incorporated Acts of Mar. 30, 1822, 3 Stat. 659, territory, prepared to meet the § 14, and Mar. 3, 1823, 3 Stat. 754, qualifications for statehood, was § 15 (Florida territory); Act of Apr. entitled to a Delegate in Congress, 20, 1836, 5 Stat. 15, § 14 (Wisconsin and that unincorporated prop- territory); Act of June 12, 1838, 5 erty,(20) not generally con- Stat. 240, § 14 (Iowa territory); Act of Aug. 14, 1848, 9 Stat. 329, § 16 (Or- 89, § 16 (Oklahoma territory); Act of egon territory); Act of Mar. 3, 1849, Apr. 30, 1900, 31 Stat. 158, § 85 (Ha- 9 Stat. 408, § 14 (Minnesota terri- waii); Act of May 7, 1906, 34 Stat. tory); Act of Sept. 9, 1850, 9 Stat. 169–175 (Alaska); Act of Sept. 22, 451, § 14 (New Mexico territory); Act 1970, Pub. L. No. 91–405, 84 Stat. of Sept. 9, 1850, 9 Stat. 457, § 13 852 (District of Columbia); Act of (Utah territory); Act of Mar. 2, 1853, Apr. 10, 1972, Pub. L. No. 92–271, 10 Stat. 178, § 14 (Washington terri- 86 Stat. 118 (Guam and Virgin Is- tory); Act of May 30, 1854, 10 Stat. lands). 282, § 14 and 10 Stat. 289, § 32 (Ne- Resident Commissioners have braska and Kansas territories); Act been created by the following laws: of Feb. 28, 1861, 12 Stat. 176, § 13 Act of Apr. 12, 1900, 31 Stat. 86, Ch. (Colorado territory); Act of Mar. 2, 191 (Puerto Rico); Act of Aug. 29, 1861, 12 Stat. 214, § 13 (Nevada ter- 1916, 39 Stat. 552, Ch. 416 (Phil- ritory); Act of Mar. 2, 1861, 12 Stat. ippine Islands). 243, § 13 (Dakota territory); Act of 19. Puerto Rico remains represented by Mar. 3, 1863, 12 Stat. 813, § 13 a Resident Commissioner (48 USC (Idaho territory); Act of May 26, § 891). The office of Resident Com- 1864, 13 Stat. 91, § 13 (Montana ter- missioner from the Philippines was ritory); Act of July 25, 1868, 15 Stat. eliminated upon a grant of independ- 182, § 13 (Wyoming territory); Act of ence from the United States (see Feb. 21, 1871, 16 Stat. 426, § 34 § 3.3, infra). (District of Columbia—repealed in 20. The insular possessions of Puerto 1874); Act of May 2, 1890, 26 Stat. Rico, Guam, and the Virgin Islands, 686 THE MEMBERS Ch. 7 § 3 templated for statehood, would be entitlements of the Delegate and entitled to a Resident Commis- the Resident Commissioner.(2) In sioner.(1) 1972, Congress granted to Guam There is no practical distinction and the Virgin Islands, considered between the rights, privileges, and unincorporated property of the (3) have been held to be unincorporated United States, the right to Dele- territories (Smith v Government of gates. Congress provided in the the Virgin Islands, 375 F2d 714 [3d 91st Congress for a nonvoting Del- Cir. 1967]) to which the basic ‘‘fun- egate to Congress from the Dis- damental principles’’ of the Constitu- trict of Columbia,(4) which was tion are applicable. Soto v U.S., 273 characterized not as a territory or F 628 (3d Cir.
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