The sun. [volume] (New York [N.Y.]) 1833-1916, 1877-11-17
WHAT HISTORY TEACHES US.
speech OF Mr.. unnning Of Ohio In the House
Of Representative an Nov. Placing the
Responsibility where u Really Bciong-,

l
,tatemcnt of the cascthc argument is made
Tho Tor,y-fourth Congress adjourned with |
out making the usual appropriations Tor the |
eupport Of the army. How this happened Ia
well understood. The House of Representa-
tycs. exercising its clear prcrogative placed in
the Army Appropriation bill provso the same
In principle as was put into similar bill by n
Republican House in 1856 mt the suggestion and
upon tho motion OF the present Secretary OF tho
Treasury. The purpose sought to be accom-.
or rather to restrict 10y law the use oil the army
in certain eases.
In addition TO the precedent made by Re-
publican House to which have referred, wc
have the authority of so eminent Republican
leader rs the late William ii. Seward who said
The House Of Representatives may. therefore lawfully
9i,dsdp gr. eXasu nS @ws I'm RaSsas w docs
Since nc House oi Rcrres natives has power 10 pass
prohiGaos il any which Ass ecn.guaooSl rover S
prohibition in the Annual Appropriation hill
when we separated last March 1t was the uni
versal expectation that special session 81 Con,
the then current fiscal year TO provide Tor me
support Of tho army. In this, however, the
country was disappointed. The President
without giving any reason therefor. fixed the
date for the converting Of Congress months
after the old abpropriation nag hen n cxhauS,ed
army. The responsibility for this unforrtunate
i've. Between the 4th day Of March and the
30th day Of juno there was amps, time IN
which to call Congress together, and III the SOL
diors have served without pay and tho officers
have been compelled Ia sell their accounts, thcy
have the President and his advisers TO thank
for it,, 1t cannot lie said that the fault rests
with the House 81 Representative oi the last
Congress for the President. in doing jpst what
was demanded should be done in south Caro-
lima and Louisiana. has July vlndicated the
wisdom and thc, patriotism of the position as
But, sir. the important point in this whole
matter i the constilniional principle involved
impolled to vote these appropriation s. yet We
cannot be true 10 our oath- of Office. or faithful
TO the trusts conndcd To- " 10y our CONSTITUENTS
tuition which has been committed 70 pass 10y un-
noticed and unrehuked. e. become precedent
an army under the unrestrain"d conirolo of EN-
ecutivo power is gr"at and constant danger.
against which constitu;l9nal government must
ever be Jcalouslv guarded.
The trainers " the Constitution realized this
fact. They were familiar with the history II
England. Wh.r", after q prolongcd ahi
sanguinary struggle q King, was dcLoScd
because ne had endeaN9red TO subvert
the laws and liberties Of the kingdom by rails
ing and keeping n standing army within this
Kingdom in time OF pence without consent OF
Parliament They had suffered IN their own
persons and property from the exercise OF ar
bltrary power and IN our immortal De ,laration
against another King Of Great Britain for
armies without the Consent ~ onr IngiSln-
the chief executive Of The Irorogatiscs pos
sesscd by the King OF Grcat Britain 10 make
reprisal. to regulate weights and measures. TO
coin money. TO erect Offices. Ia natnralilc
aliens. and other imporinnt powers concerning
internal and foreign rotations and placed
them in the Lands of Congress. But lest
the Representatives, elected by tho pcorle
supplies for an army fpr an in lennite time.
they limited the power Of Congr's s. to make an
ROD Of two years. So that every House Of Rep
resentatives would be required 70 vol" supple
or the army To disband. This feature ol the
Constitution il somewhat similar TO the Eng
lish law which provided that the raising or
keeping standing army within the Kingdom
in time Of pence unless il Zee with the consent
OF Parlis,iment i against aT mlsht ; 3e,
from English history and law To- show that the
British army cannot he legally maintained
without consent Of Parliament
tract from Blacksione's Curmonfnri chapter
49, where the question Is discussed at length:
armies which WAS first introi u,el ty Charles
VII. in Franco \. j. li45. nae Of late years uni
versally prevailed ,oy.r Egroin. h,s also Tor
sary by our Legislature ior the safety Of the
kingdom. the dn'rnD" oi The possession Of th.
crown OF Grent + 1tain. an tie pr's'rvhilon "'
the balance - power in Eur.pe. 10 maintain
even IN iiLie % peace -tandlnr body Of troops
however. ipso Jrcio. di-haLdol AZ tho eXpira.
ton Of every year unless continued by Parlia'
The provisions Of the Constitution in relation
TO the army as reported hy linrknov gnve Con
gress tnr pnWsr !" t1iso S S,i. wiii,h wa
the words and support amt stu further
amended ly the convention by ne addition %
that use Shall BE- for a ionscr Period than tw'
yenrs.' This clause q the Constitution Is I
gra,ni Of power 70 the l. eisainre Nowhcrs i
power to tie President He cannot raise N
AIRY nor can b. sG6pS one when rasg'
sequence? Why. sir. that when Congress fails
TO pass a III 10 support our armies there ar'
ance by Executive Authority Tho Intention o
the Trainers 81 the CONSTITUTION II plain. The
power to To- fix the humber Of the military es,ab
Iishment but also to prevent a willing Congress
from granting supplies for an indefinite period
iton. in 80. % Of the Fedfraiisi uses the foi
lowing emphatic language;
nj. pro,.on once at i,astin oysry w. ycas To- fclf
sreie nrgn ihy g'tleI Of hcflins n'.ary '.rse o.
aeclafc their 'n,' ol ne matter hS i'Fmai vote ~ th
force on foot 10 tc determined ~ Congress
Simply and solely by making or falling To- max
IN appropriated lori tho support Ol the army
and their sense Of the matter If declared
in the same way
In commenting upon his clause 81 the Con
sttution, Mr., Justice story says tsec l,les
Unless me necessary supplies arc voted by IN
keprcsenl'.liv,7o q the people every tTTo Year,
same subject Tucker, in i note g his editol
of Blackstone, says page IA: They can onl
be raised and kept ~ authority Of Congress
Now, sir, if the President has the power 10 con
iinue IN service an army once authorized h.
Congi - ibut for IN" support oi which no az
pfoprlutun has been made Tor three month
and a hnli. thrn hr has the power to keep
standing army for an indefinite period wlthou
such appropriations. II thls were So then tn
President would hHN, "a power IN relation Il
raising and supporting armies greater thai
That lodged in Congress. To claim any 1ucl
power. either for the President or for Congress
Is 10 fly into tho face ~ one Of tho ylain"st pro
visions OF TN Constitution and to destroy one q
the most valuable guarantees If thu, right
and liberties Of the people. have searched til
debates ana the carly writers on the tOnStitu
tion in vain To iind any such danger ~ thoor
advanced. The grcat men VINO made our Con
stituiOn, and carried INTO effect liz provision
by tho necessary legislation, over dreamed d
suc an int rpretatluh.
Mr. Speaker. believing n ] do that tho mill
tarv establishment which mas been man'ainr
by the Executive since the LIST day 81 JAY la
Is in no legal or constitutional SENSE the arm.
Of the United States that It's maintenance la
been in violation alike of tho leu"r and IN
spirit If our Constitution and laws, and con
traIy To the genus r oar Institutions, sha
vote 10 pay IT, officers and soldiers only wit
eNtrrn" r"lu tame ! suoud never cast n
Npl" Tor su IN an APPROPRIATION As this Wor