Territorial Delegates to Congress

Congress organized territorial governments by reason of exclusive sovereignty which the government of the United States exercises over all territory owned by the United States and the power given by Article 4, Section 3, of the Constitution of the United States.

In such territories it authorized the inhabitants, under certain conditions, to elect a Delegate to Congress. Provision for territorial representation in Congress first appeared in the "Ordinance of 1787." Through this ordinance each territory of the United States, then existing or to exist in the future, having a temporary government, was authorized to elect a Delegate to Congress. The Delegate was elected by joint ballot of the Council and House of the legislature of the territory. Though the Delegate held a seat in Congress and had the right to debate, he was not given the right to vote.

On March 3, 1817, Congress passed an act stipulating that a Delegate to Congress from a territory was to be elected every second year for the same term of two years for which Members of the House of Representatives were elected. This Delegate was to have a seat in the House of Representatives but he was still limited to the right of debating.

The Organic Act for the Territory of Wyoming was adopted July 25, 1868. According to this Act, a Delegate to Congress was elected by the voters of the Territory who were qualified to elect members of the legislative assembly. The first territorial election for a Delegate to Congress from Wyoming was held September 2, 1869 by the governor's proclamation.

The first, session of the Forty-first Congress convened March 4, 1869 and adjourned April 10, 1869. The second session convened December 6, 1869 and adjourned July 15, 1870. The third session convened December 5, 1870 and adjourned March 4, 1871. Therefore, the first Delegate to Congress for the Territory of Wyoming began his term in Congress with the second session of the Forty-first Congress, which convened December 6, 1869.

On December 10, 1869, the Wyoming Territorial Legislature passed an act which stipulated that hereafter general elections were to be held the first Tuesday in September of each year.[1] The Delegate to Congress was named as one of the officers to be elected at the next general election, which was to be held in September 1870. However, on February 2, 1872, by an Act of Congress, the Tuesday next after the first Monday in November every second year was fixed as the general election day for Representatives and Delegates to Congress throughout the States and Territories of the United States. This act was to take effect in the year 1976 for the election of Representatives and Delegates to the Forty-fifth Congress.

The election district for the Delegate to Congress from Wyoming was the whole Territory of Wyoming.

Nowhere in the Federal Constitution nor in the Federal Statutes can the intention be found to clothe a territorial Delegate with legislative power. It is apparent that a Delegate to Congress from a territory was not a Member of the House of Representatives but merely given a seat in the House of Representatives with the power to debate and, though he could make a point of order, he could not vote. A Delegate could make any motion which a Member could make except the motion to reconsider. The rights and prerogatives of a Delegate in parliamentary matters were not limited to legislation affecting his own territory.

A Delegate to Congress received the same compensation as the United States Senators and Representatives to Congress- By an act of 1866, the compensation of the United States Senators and Representatives was fixed at five thousand dollars a year, and mileage of twenty cents per mile, to be estimated by the nearest route usually traveled in going to and returning from each regular session.[2]

By an act of Congress 1873, the compensation of Senators and Representatives was increased to $7,500 per annum.[3] This sum was in lieu of all pay and allowance except actual individual traveling expenses going to and returning from the seat of government. This act was repealed in 1874 and the rates fixed by the act of 1866 were reinstated.[4] Therefore, the salary of five thousand dollars a year and mileage of twenty cents per mile, going to and returning from each regular session, continued until after Wyoming became a state.

	Name (Party)	Start of Term	End of Term	Residence	Notes
	Stephen F. Nuckolls (D)	December 6, 1869	March 3, 1871	Cheyenne
	William T. Jones (R)	March 4, 1871	March 3, 1873	Cheyenne
	William R. Steele (D)	March 4, 1873	March 3, 1875	Cheyenne
	William R. Steele (D)	March 4, 1875	March 3, 1877	Cheyenne
	William W. Corlett (R)	March 4, 1877	March 3, 1879	Cheyenne
	Stephen W. Downey (R)	March 4, 1879	March 3, 1881	Laramie
	Morton E. Post (D)	March 4, 1881	March 3, 1883	Cheyenne
	Morton E. Post (D)	March 4 1883	March 3, 1885	Cheyenne
	Joseph M. Carey (R)	March 4, 1885	March 3, 1887	Cheyenne
	Joseph M. Carey (R)	March 4, 1887	March 3, 1889	Cheyenne
	Joseph M. Carey (R)	March 4, 1889	July 10, 1890	Cheyenne

1. Wyoming Laws 1869, Chapter 68, Section 1.
2. 14 Stat. 323.
3. 17 Stat. 486.
4. 19 Stat. 4.