Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1877-06-13

or term than Two years,
This clause Of article |, section 8,
was framed in the light Of English
history by men who had a full knowl-
edge Of the bttcrstruggle of the Com
mons Of England to get control Of the
army, and who knew that power in
all countries goes with the sword. TO
whom does this clause grant the au-
thority TO "raise" an army? Not to the
Executive; not TO the Supreme Court
but simply and solely to Congress. To
whom does it give the exclusive right
to support" such an army2 Not to
the Executive; not to the Supreme
Court but simply and solely to Con
gress. Whatsoever individual, thcre-
fore, or whatsoever body save Con-
gress, attempts either to ''raisc" or TO
support Uuitcd States army is
guilty of usurpation. The theory that
when once the army has been @raised"
by the authority Of Congress the Ex-
ecutve has a right to support" it is
an absurdty. The raising" and "sup-
porting" are coupled together as n
single act, and to prevent any scheme
for settling a military establishment
upon the country permanently even
by Congress itself the imperative de-
clOration is made that no "appropria-
tion of money TO that use shall be
for a longer term than two years"
Thus Congress itself by the Cons,itu-
tion is obliged to decide biennially
whether il will continue to main
tain an army or not. Congress may
suppress it completely by an act at
any time, and unless the supplies are
voted by the popular branch at least
once in two years, says Judge Story,
athc whole establishment must fall" I"
In plain terms, the Constitution pro-
vidos that the army shall not be a
"permanent' institution, and cuts off
any opportunity Tor subscrvicnt
legislature and an ambitious President
TO settle it upon the Nation for a long
er term than two years. As a matter
Of custom, and only of custom, Con
gress has made this virtual renewal OF
the army's lease OF existence annual
instead Of biennial. Against the letter
and spirit of the Constitution, the
apologists of the President quote sec
ton 1904 of the Revised Statutes,
which says that "the army of the
United States shall consist of one
general, and lieutenant general" and
so on, and draw from this language
the amazing inference that an act
which merely recites how the army
being in existence, shall be organized
implies that the army remain organic
ed forever whether Congress provides
for its support or not. As mere mat
ter of fact Congress may kill the army
with its general, its lieutenant genera
and all its staff, with the assent OF th,
President, by means of legal enact
ment at any time, or it may effect thu
same result without the assent of tn,
President by cutting off the appropria
tons. A nice distinction may perhaps
be drawn between the two methods
but one is practically just as effective
as the other, since the army which tn,
House of Representatives makes n,
appropriation to Support" cannot b.
lawfully supported. The men wh'
framed the Constitution were frecmer
who knew the conditions Of freedom
and they meant to make impossible il
this country the establishment of .
military force which could not b,
abolished without the consent OF tn,
Executive, and which might bo main
tained by Executive contrivances. Th'
Forty fourth Congress determined, il
the exercise of its high prerogative
that the army was used for purposes
dangerous to American institutions
and, determining this, it wisely ant
righteously refused to grant money fo
the support of the army beyond th'
30th of June next. That action o
Congress was deliberately taken an,
was a just and necessary vindicatiol
Of popular government We see ii
immediate effect in the abandonment
Of lawless interference by the Fedora
Government at the South. The none,
to maintain the army after the Both o
June can only come lawfully througl
Congress. The President cannot gran
II his Cabinet Ministers cannot SUP
ply IL; the General OF the Army can
not bestow it, An army which th
House of Representatives has made n
appropriations to support ceases 4
be in the pay of the United State
alter the LIST OF July, and is the crea
ture Of those who may provide th
means to keep il on foot. Besides tn
clause OF the Constitution covering tbi
point, the Revised Statutes are es
plicit in theirprovislons for restrainin
: the control of expenditures in all d'
partments of the Government, and tn
, Administration, by retaining the arm
IN service, making arrangements 70
; certifying officers pay-rolls and r'
viving an obsolete statute to contract
for supplies, is virtually setting asid
section 1878 Of the Revised Statutes
a law passed in 1870, which runs q
follows;
; "No department Of the Government shall o,
! pend, In any one fiscal year, any sum In exec
of appropriations made by Congress for thi
fiscal year, or involve the Government In "A
contract for the future payment Of money In q
cess Of such sppropria,ions.r
In word, then, the conduct of III
Presidcntin this matter isin violation I
the Constitution and Of the laws is
direct conflict with the spirit of Ii
Government is in fat defiance Of II
,o1tt,o,l t,,l...z.. ..,i ao,..,t.e... ,