The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-06-08
TOPICS BEFORE CONGRESS-.
,ur SryiTr DiSCGSSING THE .iPPRO-
rEitYGUNS TOH JRE .tR.TT.

The House leE"iising k"bcs"n's illegal
ccutrnct. NeAriS ~ aiiliion To John Roach.
w,surxGroN, June THE President of
A., Senate pro temporc tScnatur Ferry laid be
s,,heS,nataa communi' aton from the Sn'-
.,,orv. ANNOUNCING that hc hal been summoned
..f,re the Potter Committee To produce the
t,n.siana election returns, AMI that he had
assvoi the subpoena. I'm closing. he SAYS:
,s.r.ctuv request that you lay nj. cumtuuuicaton
| ,rs tr sruar. in urlct ihli. % decwtN necessary
have Instructions tu duty in tl~
| ~ N, similar CAS-, th.U may hereafter atiso.
NJ Edmumds rep. Va submitted an order
s,mc Secretary of the Senate attend h'iorc
seummiitc, uf the IIcu." 81 Erprn.o utat,vr4
rsnlionrd in tho letter Of Tho Secretary. with
/ N, papcrs described 10y said committee. AMI
.nbmu said papers 60 tho examination ~ said
eomntee from limo to time according T. lis
convenience.
Mr. Hoar crop. Mass said he desired for one
10 express his opposition 90 this order. II the
committee of the House desired these pap'ls
the proper way to procure them would have
been for the House to request the Senate g. iur-
nish them. II he remembered correctly in Eng
land 1t was regarded Us breach of privilege of
the Eouso of Commons for mrmh'rto appear
a. n witness before the House OF Lords. The
mode of proccedina. now suggested in this case
would make a bad precedent for the future.
Mr. Edmunds said IN" papers had been fur
oishcd TO the committee by tn" Secretary. to
clich he did not object; and considering the nj
utude in viii N the matter WIS n" tloukM lhi.
ne most convene Mt way to settle II. 1t might
b said that the senate WIS Not tue custodian o.
va paucrs, there being no stntute on the sub
ist but ever since the organization OF the Gov
eminent these papers had been taken 81 large OF
bvihc secretary OF the Senate. and had bcen u
iMr. Bnyard Dem. Deli soid. in his judgment
h. error WIS in treating these papers as HE
Va.aNN 49, "a l'IHsHAI Y Id
~ country. and the House ot R'urcscniaiiNps.
SOAR as the right tu public usr was concerned %,
fA M much right to them us the Senate. by
be Constitution the presiding oiheer Of the
senate wis the person t. whom the returns from
| he Electoral College must be sent but no pro-
VISION was made for tho custody OF the papers
sfter ihe count by the two Houses of Congress.
Mr.. COnsling tkep., " NJ said that. Judging
rom the letter presented hy the Secretary 81
The senate. he inferred that 1t might be said the
House had transccnded It's rights. and trenchcd
upon the privileges oi the Senate. The sub
prna was addressed to the Secretary in his OIL
tal capacity. and did sock to visit papers, con
rs.edy the records OF the Senate, which the
committee Of the House of representatives, had
| DO right 20 DO. Therefore the order ~ tho som
Nor rom Vermont was proner lie Mr.; Conk-
lc incurred IN much said hy the Senator
| irr Delaware MIR Bayardl as to the papers
n. hsl1nging to the - nate. They Wore trans
| rff.l 10 one not even n member OF the Senate
a-.nuy. 20 hold in custody for a certain pur-
lIi. Tor taking notice OF il. but not upon the
theory that the electoral certificates belonged to
~ senate or 10 the So fNtttJ Ni inc Nfuttf.
Atcr further debate the order oi Mr. Ed
nInd- was modified 50 as To reserve all qucs-
tons touching the regularity Of the course oil
ihe committee Of the House of Representatives
lA calling FOR the papers. ins'rueting the Se,re-
iry ,o attend the committee, &c., and as mOIi-
l'i lt WAS agreed to.
reported adversely on Senate bill 10 declare the
true intent and meaning of ttle 2. chapter. l
present Legislature" Of New Hnml shire may
lawfully elect United states senator for the
i-rm beginning March 4. 1878. and 1t was In
definitely postponed
The senate then resumed consideration Of
the Army Appropriation bill
Mr. Burnside rep. Il. H. Submitted an amend.
ment 10 the provision submitted by him yester.
day provi ling for a commissio to consider thf
subject OF army reform ~ so MS to proyidt
fr three Senators on that commission instead
q two. three members Of the House. and three
others Of the regular army. Agreed 20.
Dir. Thurman Dem. OhiOl said that the in
cinailon OF ms mind Tor several years had been
tending TO the conclusion that il would be wise
nirunser this Indian service To the War De-
nrtnent. Tho Indian service rs now admin
isirreA. In part 10Y the civil md in part by tht
military power. was one oi the great causes OF
our Indian wars. lie believed there would %,
far less corruption and IA. service would b'
more EN- 'i-nty admin stored hy tho military
ald the Indians would get three times ~ mu !
oiihat Appropriated fur them a. they do now
he favored the appointment OF "a commission %
prom nent men l. on~llerthc eNpeiisn IS Of ~
transfer. and would lay tuom literally. that tucl
might give their VINO" attention 10 the sun 'cl
Mr. Coke lDem Tex said there was liti
d0utt that W. Were at this moment on the verge
7. o. another Indian war. through the failure %
Re peace policy. II might be cheaper to Zee,
than 20 heht the Indians. but we were doinl
both. as we'll a placing arms in their hands L
enable them 10 ilght The Texas border. undc
ils peace policy. had been scourged Ms II move
bad been before. hundreds Of men. women, ans
elldreu had been hutohered, and thousands @
dollars worth OF property taken 10y the Indians
H. said the agents appointed 10 Christianiz
them Were AS bad as The l4dians. lie favored
tn transfer OF tie Indian bureau 10 the Wa
DHlar'meni. on the ground oI cnl,lency un'
90 Inomy. y sides. II would give greater peace
AM security % Ia. frontier.
Tie amendment proyiding for commission
~ consider the rNpelency o. transferring thl
lotHu Bureau 10 the War Department WA
r.n pmmltee reported in favor ~ kin.
oU' tlH tweutN-uiuth section Of the House hil
r iurplIs the use OF the army as a poss
Nt. Keinan Dem. " y for Mr. Bayard VIII,
VI. re.e--drly absent from the Senate. sub
i'l 1n amendment 30 as to make the Sc;
ru ani after The passage this act it shall not b
l..'F e har' o, We army o. , i,e 4 l,i'c
nul- iuc law, except IN such cases and unie
N4 tt.Aiic,,.y authorized by The Consuluuon OF b.
W. WINDOW Rep, MIMI opposed tho reten
| ION .. o." s' ton ia any shape, and argue'
hOui lwrr, Of the Pres ident upon this suffice
eogd Dot Doe limited by Congress.
~ herman said ihe claim WAS made by tn
fnfney-Geueral In 1876, that tho army coul'
o uafl a- posse coniiatus hy United state
Maf-Aa.s. WtIOu, any call hy the Governor %
hoAl ,ts authorized bv the Constitution. Sucl
aNkit would overthrow orr institutions soon
say ttut "a marshal could order the arm
H"ANie''l pa places ~ q posse cOmitatus wOuI
9alfu tive Oi orr liberties.
Ut bIaur said the only way that the arm
hs Used nlW rs posse cOmitatus WAS 20 Rl
NE revenue officers. TO forbid such acton
W9Nd oe 60 break down all our guards agains
A,,l tlslAiaiiOn.
NJ Eimuuls Rep. VT opposed the scctiol
VI 'Nr ground that IL was general legislation n
ah appropriation hin. Bcsiios, 1t would b
tAAnfF singular 90 say tint tho array shall ~
V",gsel Tor llf purpose oi cXcruiing the laws.
~ l9Ar Nsp.. MHs-.) SAID that the whole et
i,sNVl me section WIS 10 nuke IL a DcnltcutiAr
.A,l re lpr an on or Di the United States T. d
Tilt '.A by existing law lac was bound 70 d,
ny uHlthry power WAS never assd against
s s,,1@ y rA eYt ~ prevent him from committing
W Melrmon Dem, Y. c. said tho nrcu
a'n's On iAe ether Side ~ the chamber pro
f.ru upof Ulf presumption that Whereve
rtg1 WIS ha'"s-ary the army must be Use,
| "a" PROVIDED how the army should be use
a. t W. purpose u executing the law, ana D
rnA..4s 'A' AID Of the army the forms Of Lar
nus' ue surety observed. The army had bee
,s,t. quo pilsiltuted time and time again
,nN"l elections. The object Of this sr"io
"" Pr'VgntH Ike occurrence In tho futur.
stl, ~ Dem, Gu.l said that II WAS titnc IN
ssoos,niry should see the distinction between civ
rr.'I ~ ana military authority. he /.
E,ued that anybody under any urrtcncc shout
, 49, Hdl II WAS lawful 10 use the army u
l'i'hf 'IIfIiuful WltDput.4r iIt.u Ia