Western Reserve chronicle. [volume] (Warren, Ohio) 1855-1921, 1868-02-26

tives, January, II, 1855.
The House then resumed the con-
sideration of the bill (H. R. No. 439)
additional and supplementary to an
set entitled "An act to provide for the
more efficient government of the rebel
States" passed March 2, 1867, and the
acts supplementary thereto; upon
which Mr.. Boutwell, was entitled to the
floor.
Mr.. Boutwell,. l yield twenty min
utes of my time to the gentleman from
Ohio, Mr.. Garfield, chairman of the
Committee on Military Affairs,
1 Mr.. Garfield. Mr.. Speaker, 1 shall
spend none of the few minutes given
to me in discussing the Constitutional
" or propriety of the first section of
this bill. Whatever may be the opin-
ions of any gentleman here, the doc
trine involved in that section was de-
cided by the Thirty-Ninth Congress,
and that decision was ratified by the
people when the Fortieth Congress was
elected. No political issue was more
clearly defined or more decisively set
tied. Let me remind the House what
that issue involved and what was de-
cided by the result. The President
and his followers held that, though the
rebellion had oyerthrown all civil gov
erument in the rebel States, yet he, as
the head of the Federal Government,
had set up new governments, which
he deemed republican in form, and
which were therefore entitled to rep
resentation in Congress.
Congress denied the authority of the
President to build State governments,
and claimed that by the decision OF
the Supreme Court it was made the
duty of Congress to provide for carry
ing into effect that clause of the Con-
stitution which declares that .
The United States shall guaranty to every
State in the Union republican form Of Gov
ernment." -... s.-.
Congress decreed that until the res
toration shall be accomplished the reb-
ell territory shall be held in the military
grasp of the Republic and in order
to restore them at the earliest possible
day a law was passed enabling the
loyal people to form governments and
build again where rebellion had des.
troyed. Congress did not commit
itself to the dogma that those States
were out of the Union, but it proceed
ed upon the acknowledged fact that
their civil governments were utterly
destroyed and should be rebuilt. The
congressional plan and the Presidents
plan were placed on trial before the
people in the fall of 1866. That the
verdict was against the presidential plan
and in favor of the congressional plan
is witnessed by the relative strength of
the two parties on this floor to-day
We are here to obey the people who
sent us. The first section of this bill is
but a repetition, in clearer language
of the law of the 39th, Congress. For,
all political purposes, therefore, the
doctrine of the first section is settled
and the case is closed.
The only feature to which desire to
call the attention of the House this
morning, IS the second section of the
bill. This section makes it the duty
of the General of the Army to assign
such officers of the Army as he may
think best TO the work of Carrying out
the reconstruction law. That work has
heretofore been placed in the hands of
the PresldenI. Here we are met at the
threshold by gentlemen on the other
side with the declaration that Congress
has no power TO assign the General of
the Army and his subordinates to this
duty because Of that clause of the Con-
stitution which makes the President
Commander-in-Chief of the Army and
Navy. ask the attention of the House
for few moments to the considera-
ton of this objection. Under the Con-
stitution of Great Britain the king is
not only Commander-in-Chief Of the
army and navy. but is empowered to
make rules and regulations for the gov
ernment of the land and naval forces
of the realm. He can declare war and
conclude peace. He is, therefore, in
the full sense of the term, commander
in-chief. The Parliament controls him
chiefly by its right to grant or with
hold all supplies for the army and ma
w. When our fathers framed the
Constitution of Government under
which we live, they SO far copied the
British constitution as to declare that
the President of the United States
should be the Commander-in-Chief of
the Army and Navy but they pro-
ceeded 10 limit and restrict that grant
of power by six distinct clauses in the
Constitution giving six distinct pow
ers to Congress. These restrictions are
found in the first article of the Constitu-
ion, section eight, and are as follows:
81. To declare war, grant letters Of marque
and reprisal, and make rules concerning cap
lad
-. To raise and support armies. but no ap-
preparation Of money 20 that use shall be for a
longer term than two years.
''3. To provide and maintain a navy.
-. To make rules for the government and
regulation Of the land and naval forces.
''5. To oprovide for calling forth the militia to
execute the laws Of the Union. suppress insur
reetions. and repel invasion.
20. To provide for Organizing. arning. and
disciplining the militia, and for governing such
part Of them as may be employed II the service
respectively the appointment Of the oficers and
the authority of training the militia according
to the discipline prescribed by Congress-"
The power, therefore, which is con-
ferred upon the President by the dec
laration of the Constitution that he is
Commander-in-Chief must always be
understood with. these limitations
Without the authority of Congress
there can be no War Department, no
Army, no Navy. Without the authori-
ty of Congress there can be no Gener-
al of the Army. Without the authori-
ty of Congress there can be no officers,
high or low, in the Army or Navy of
the United States. We therefore be-
gin with these constitutional limitations
laid around this Commander-in-C Chief.
Now, how has Congress used its pow
er heretofore in reference to officers of
the Army2 I will refer to a few ex-
smples. In 1889, by an act approved
August 7, Congress established a War
Department and laid down laws to gov
ern it, and from time to time thereaf-
ter established subordinate depart
ments and bureaus in that Department.
Now, let it be noticed that another
clause of the Constitution might also
be applied here. Congress may author
ize the heads of Departments to ap-
point inferior officers. 1t might have
authorized the Secretary of War to ap-
point every officer of the Army. 1t
can do so now. 1t is plainly in our
power to take every military appoint
ment from the President and place it
solely in the hands of the Secretary of
War.
But Congress did not choose to take
that course, but it did establish all the
subordinate departments OF the Gov
eminent and prescribed the duties of
officers in those departments.
By an act of Congress, approved May
%, 1872, the Quartermaster General is