The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1868-02-26
Speech ofnr. Tomlinson, of Mason
in the House Of Delegates, on the
Resolution Teudering the Militia OIL
West virginia TO Congress.

The Joint resolution OF the LeSlsia
ture instructing Congress to impeach1
the President of the United States and
rendering the military force of this
! State to Congress, having passed the
Senate, came up in the House and was
read to be put upon its passage.
Mr.. Tomiinson rose and said: MI.
Speaker, cannot permit resolution OF
this character TO pass which Is so
fraueht with mischief and as odious as
it is, without raising my voice against
it and maintaining the Constitution OF
my Country in opposing, with What
little ability now possess, such res
olution without doing injustice t" my
Country and constituents. Sir, this
resolution is usurpation of pow
er upon the part of this House
to attempt to tender Congress the
military of this State. 1t is in
direct violation of the Constitution OF
the United States which declares that
the president of the United States
shall be Commander-in-Chief OF the
Militia of the several States OF this
Union when called into actual service
to repel invasion, suppress insurrectlon
stitution of the United States. Sir, you
may have a majority of members upon
this floor, but you are not here by ma
iority of the white Union men OF TINS
State and here inform you that when
the time shall come, a majority OF the
Union men of this State will stand by
the Constitution of their fathers bat
Ting for constitutional liberty, and not
to uphold the unconstitutional laws and
usurpations of the Congress OF
the United States, to enforce negro
suffrage upon ten States of this Union
and the District of Columbia. Sir, l
assure you that large majority OF the
white men of West Virginia will stand
by the President in the enforcement of
the Constitution and laws made in pur-
suance thereof, and against all usurpa-
tiOns of Congress to enforce negro
rulers over ten States of this Union,
thereby disfranchising half of the white
American people. Sir, l defy any mem
ber on this floor to point out any act OF
President Johnson in which he has
nsurped the laws of the United States
that were constitutional. Sir, all you
can say of him is that he vetoed the
usurpations of Congress in enforcing
negro suffrage upon the american peo-
ple in almost half of this Union. defy
any member of this House to point out
any other act that he has done. If his
vetoing the negro rule bill be usurpa-
tion, then he has been guilty of usur-
patton. Sir, you may tender your mi
litia by the vote of this House to your
Congress, but when they are called cut
for actual service you will see them
rallying around the Constitution OF
their country, and the President in sus-
tanning constitutional liberty. Sir, are
you alarmed at your own Court? Are
you not willing to let the Supreme
Court of the United States decide upon
the usurpation and fragrant violations
of the Constitution by Congress
Sir, has President Johnson
done any wrong in appointing his
own Cabineti 1t has been the rule
and practice since the foundation of
the Government and it is the law now.
warn the members Of this House to
reflect upon the resolution before vot-
ing. Will you say that the President
cannot appoint his own Clerk or Cab,
met and remove them at pleasure !
This is another usurpation complained
of against the President. Sir, lie has
the right and the people will sustain
him in defending the Constitution oi
our country, the only guarantee III pro
tecting life, liberty and property. What
kind OF country will we have without
Constitutional liberty' l hope the
members of this House will vote against
such q resolution.