The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1872-03-22
COL. DEM. -.- VOL. XXXVI-. mo. s.

put In time OF peace IL Is too terrible a
power to be given to any man.
Mr.. MAGEE. l would like to ask
the gentleman the difference between a
case OF emergency within the confines
OF our Commonwealth aud national
conflict, or anything of that kind?
Mr.. BROCKWAY. If 1 had the gen.
tleman In the army could explain il to
him in very short time. / will saw
that when the nation is struggling for
its life, unlimited power Is given to the
military. We do not stop to enter into
the minutiae of examination. But in
time of peace, when our courts are open.
to Overturn our laws and gave our per.
sons and property into tho control of
military gentleman, is one of the most
monstrous propositions / have ever
heard. Military custom is introd uced
here not only in defiance of common
law, but contrary to the teachings of
every patriot, who had more at heart
his country's gooi than his own ad-
vancement. 1t would be an encroacb.
ment upon the liberties for which
Washington, Bolivar, Kosciusko and
kossuth fought, and for which Emmett
suffered. Nearly seven hundred years
ago the mail'clad barons of England
assembled on the banks of the Runny.
mede, and eXtorted Magma Charta from
hing John. 1t was grand protest In
favor of civil liberty, and through fear
Of its violation the people forced their
King to give them the tower aud city
OF London as security, had it read twice
a year in their cathedrals with reli.
glouS ceremonies, and the ecclesiasti-
cal powers Illuminated excommunica-
tions against allsuch as dared to disobey
IL. But the grandest sentence of all
one which he engraved on the tablets of
stone and in the heart of every free.
man-was in section forty.six, which
declared, "Nulh rendemus, null ne0a
6tmuS dut differences, rectuna veL .juSti-
ttdna." We will sell to no man, we will
not deny or delay to any man right and
Justice"
Mr.. ELY. L would like to know
whether the gentleman can use any
language here cannot understand
Mr.. BROCK WAY. The gentleman.
in that case would deprive me of the
use of the English.
The next section to which refer is
No. 76:
whenever a draft shall be ordered
from the militia for public service, the
commander-in chief shall prescribe the
time, mode and manner of making such
draft"
That is, the Governor not only pre-.
scribes the time, but the manner, mode
and place. 1t puts absolute power in his
hands-a power which should not be
concentrated in any one man. If we
should be so unfortunate as to have an
Executive in the chair who wishes to
perpetuate his power, he has the privi.
lege of calling to his aid not only those
twenty thousand men, but a hundred
thousand more, and to have them under
his control for such time and in such
manner as he chooses, without any
restraint or check.
this bill, because 1t creates a system
of political favoritism. Not a major
general has been appointed in this mi
litia who is not of the same political
stamp as the Executive. care not what
the district may be politically, every
major general that has been appointed
is a political favorite of the Governor
and OF his own party. But il it ended
there, 1t would not be quite so objec-
tionable. There is no provision that
when the Executive vacates his chair
they shall also vacate their offices. He
may put in those places men against the
wishes of the people, and there is no
way to remove them. Like Warmoth,
and Browlow with the military at his
back he can maintain his position in
defiance of the will of the entire people.
We do not wish to have such power in
any law to be enacted here. The ten
dency of the times is to put too much
military" in government. We have a
military President and Cabinet, Gen
erals as Senators and congressman, as
Governors of States, and ministers
abroad. 1t is too much of good thing.
Now, in reference 10 taxation. The
gentleman from York Mr.. MAGEE1 at
| tempted to correct me in my former
statement, as if l had said this was a
per capita tao. / said that the basis OF
| taxation was per capita, that the county
| that contained the most persons liable
to duty from eighteen to forty. five years
| of age would have TO pay the most taxes,
although it might be the poorest in the
Commonwealth. The distinction l
make is that the taxation should be in
proportion to the property to be pro.
tected-to the wealth of the district and
not according to the number to be en-
rolled between the ages of eighteen and
forty five. But they say this tax comes
out OF the community In which you
live. 1t comes out of the State Treasury
Do not lay the fiattering unction to your
|
of the particular communities wher.
the companies are organized, for if yor
turn to section eighty-nine Won will
find this idea disclosed:
SECTION SO. The State military board
shall admit and adjust all military
claims payable out Of the State niilitarS
fund, and after adjustment of any clai n
submitted to it, the Adjutant Genera
shall issue his warrant for the amoun
thereon payable at the State Treasury
/ especially allude to section nine
two:
SECTION 90. Until money can b,
raised by due course of law, under tn,
provisions of this act, all militar,
claims required to be paid by this ac
shall be paid out of any moneys in tn,
treasury not otherwise appropriated, t,
be charged to the military fund of tha
year.
That is, if sufficient funds are no
raised by taxation, the State Treasur,
must make up the deficiency.
Mr.. MAGEE. Is the gentleman en-
deavoring TO controvert my position il