St. Johnsbury Caledonian. [volume] (St. Johnsbury, Vt.) 1867-1919, 1875-03-05
Congress.
PASSAGE OF THE "FORCE BILL. SPEECH
BY JUDGEfPOLAND.

members, Judge Poland being among
the number. The following is the telc-
graphic report:
Mr.. Poland of VT, also. opposed the
bill in il strong speech. He said he
was specially opposed to the first and
second sections of the bill. because the
otfeuscs therein described were otfcnses
against the state and not against the
United States. He argued that the
power given to Congress i'll the conSti
tuition to call out the militia to repel
invasion by il foreign foe, and by an
armed military force, though the guar
antee clause" in the fourth section of
article four might well include an ir-
ruption into one state by an armed
military force from another. The pro
lection contemplated was by military
force to drive away or destroy the in
VaderS. The il vasion must he IN i'll
vasion in reality. 1t would not d" to
create an artificial sham invasion by
law. and to punish it 10y penalties. To
make an unlawful imtermeddling by tNo
unarmed men against any state officer
or state law an invasion within the
meaning of the constitution. was IL mere
the power. he did not believe that there
could he any necessity for 1t To assume
jurisdiction over offcuScS that were clear
ly within the purview of state power.
and that were punished 10y the laws of
every state. The fourth section of the
bill provides tor Furnishing state officers
tor violating state laws. but he knew of
no authority III the constitution. which
clothed Congress with any such power
He objected to the 18th section. author
ling the suspension of the writ OF hahe-
aS corpus. II WAS not claimed but that
the courts in all parts of the mon were
open and in the free exercise a.! their
full legal power and jurisdiction. nor
that the executive officers of the law
could not perform their duties. serve
processes. or make arrests anywhere
and every W here. The fact that the laws
were not well administered. that Judges
neglected or diSrcgaldcd their duties.
furnished no ground for the suspension
of the writ II had never been sup
posed to be necdful OF iu>liliahlc To >IiS-
pend the great writ OF personal liberty.
except l.. times of great danger. when
the officers and tribunals OF the law
were powerle>>. or were 50 INSTRUCTED
aS to he practically unable to enforce
the laws and afford protection t" person
and property. His opposition t" tn"
section did NOT in the slightest degree
imply di>trI>t in the prudence or pa
ninri>m of the present executive. He
world trust him with the power as
readily as any president that the cnuu-
try ever had. but the right of he citizen
AZ In I,,lI. Ia
personal liberty examined and decided
should only hr denied when the nation
i'll safety itself MAS in peril. The re
main,lrr of the hill was substantially
he hill reported 10y 'hr judiciary com
miltcr (lnnNu ~ Judge w hlt"~ iHll.)
and he should ,hccrtullN support it,.
but that committee had n"Nrr dreamed
of such remedies IL this hill prnpn>cd,
and ten one he could not support II.
\ rIIr BETWEEN SPEAKER BLAINE AND
GEN. ~ TIER.
While the roll WAS hciu~ called "n
the motion to strike out the lIht:!> cor
puS section the most intense anxiety
wis manifested a> to the result. Before
the. roll had been half called il was
evident the vote WIS going /" hr very
close. Speaker Blaine. caliim" MI.
I Cessna +" the chair. came down 10 the
desk of the Journal clerk. where he
watched the names ~ they were mark
ed OF \ large numhci III mrnlhrr>
collected around the desk. among u HON
was Gen. Butler. who seemed /" resent
the keen Interest Mr.. Blaine was taking
| in the result Presently. Il point of
order was made hl Il mcmhcr on the
/ Democratic side ot the House. that
members should not stand around tic
/ clerks dcS, while the roll WAS being
called The p"iut of order was >u>-
tanned. and members were directed I"
take their seats. every one left except
/ the speaker. Ia Il few seconds 'utlcr
left his seat and ma'chrd up within Il
few feet of " here Blaine WIS standing.
/ \ mcmhcI said Ia him. in Il tone audi
! bic in the Immediate vicinity of the
chair: .GcnrrIl. Nou have been turned
away from there once: why are You
going again p Butler replied i'll a loud
/ and inSolent manner: Il have H. much
right to he there rs the speaker" But
| lrI'S rcpIy brought Nh. Blaine to his
feet like Il flash. and i'll tones not the
SoftcSt. he demanded 10y what right the
gentleman from Massachusetts declared
that he had the same rights as the
speaker. to which Butler. walking ont
/ in font of him. answered: My right
aS Il member of the House. When the
speaker leaves the chair his place is on
[ the floor" This seemed to excite Mr..
Blaine still more. while it riveted the
attention of the whole House. \ pin
might almost have been heard to drop.
aud the occupants of the galleries strain
ed forward to watch every incident in
the strange and extraordinary scene
that was taking place beneath them.
+ Butler then went to his seat, and made
/ from it the point of order almost in the
identical words he had uttered in re
>ponSr to Mr.. Blaine'> personal inter
ruuatorV some confusion followed and
Mr.. Blaine. bounding into his chair.
ncrvously raped for order. and. COM
| ing down again, gave the gavei to
/ Cessna. and resumed his position near
the tally clerk. Gen. Butler again
strobe across the floor from his seat.
and took the place from which he had
| been driven. Mr.. Blame. ut this fresh
audacitv. became furious. and turning
around to Mr.. Cessna demanded that
he rule Butler down. saving i'll Il hoarSe
and angry undcrtone, intended for
/ CeSSna's ears atone. Il will not he III
suited in this way: | will have Il set
| Element with him" Mir. Cessna then
refused to sustain the point of order
made 10y Butler. and Mr.. Blaine remain
ed master of the situation. Gen. Butler
going to his seat. The whole scene did
not last more than five minutes. but it
was thrilling while it continued. and it
really looked at one time as if it would
be settled with blow instead of the
more peaceable manner of parliamputa-