The Rock Island Argus. (Rock Island, Ill.) 1877-1885, 1879-03-29
Last NIGHTS Dispatches.
XLVI CONGRESS.
HOUSE


Grafton of the army bill having been con
cluded with the exception OF section 6, re-
pealing the statutes allowing the military
to preserve peace at the polls, that section
was read.
Mr.. Cougar rose to point of order that
the section changed the existing law and
did not retrench expenditures. 1t could not
be held seriously that striking out the
words Ito keep peace at the polls" re-
trenched expenditures.
Mr.. Sparks admitted that the section
changed the existing law. but argued that
it retrenched expenditures.
Mr.. Frye argued that the section did
retrench expenditures; it did not affect the
transportation of the army because the
President was Commander in Chief and
could transport troops wherever he pleas
ed,and there was no power in the House to
say he should transport troops here and
not there
Mr.. Carlisle thought the House and
country would hesitate long time before
accepting the doctrine laid down by Mr.
Frye that the President as Commander-ip
Chlef OF the army can transport troops
wherever he pleases, aud use them for
whatever purpose he pleases, with or with
| out the consent of Congress. Under the
constitution Of the United States the Pres
ident has no right to use the army or ma
| Wy, or any part of it, to protect a State
against domestic violence. unless he was
authorized to do so by an act of Congress
| Did the gentleman on the other side mean
to say that the provision OF the constitu-
| ton which made it the duty of the United
States to guarantee TO every state Re-
publican form of government conferred
| upon the President, or single officer Of
| the United States, that power? Were
the gentlemen prepared to so before
the country on a proposition that the
President was the United States? All au-
thOrlty which the President possessed to-
day to use the army and navy in protect
ing States against domestic violence, or IN
assisting States in enforcing law, was de-
rived, not from the provision of the con-
stitution which has been read, but from
the act OF Congress OF the 2Sth OF Febru.
| ary, 1895, amended in 1907.
| Mr. Frye-The gentleman in commenc-
ing his speech, stated it vas claimed by me
that the president had power to transport
troops wherever tie pleased, for any pur
pose whatever did not say So did Dot
claim it, anC | never claimed i. " hat
claimed was SIN ply this: That il these
w0rGs,-"to keeP peace at the polls, -
| were stricken ont, there would not be any
restriction whatever on the p3wer Of tie
com mander-i0- chief Of the army to trans
por: the army from barrack to barrack, and
from state to state, as be saw fl. That is
all that claim, and does not the gentle,
man admit that?
| Mr.. Carlisle agree to that.
Mr.. Robeson-If the executive of state
calls on the president to suppress domestic
violence, and if dom estic violence is at the
polls where general election is taking
place, is not the president bound. under
his oath Of Office, TO comply with that lie
lquest?
Mr. Carlisle-If the application is made
in regular form under act of congress
admit that it is the duty of the presiden
to send troops, but l say when these troop
I have gone into state and have disperset
. the mop or insurrectionists, or whateve
. they may be called, who are acting in re
sistRnce to the state authorities. they hav
r performed their duty, and must stop a
. that. They cannot stay at the polls to pro
tect peace there.
Il Mr.. Robeson-Nobody is NOW discussin
that question; but ask the gentIema
+ whether OR not this proposed section woul
: take away the power of the president t
4 do that if he were properly called upon.
: Mr.. Carlisle-It certainly will not
Il Mr.. Robeson-It that be so, anu it doe
o not take away the presidents power, Gn
if that contingency shall happen, as it po
# sibly may, and if the officers of the arm
! arc sworn to obey the lawful orders Of tn
i president, then what is to become Of II
, officer who is ordered by the president
As suppress a riot and quiet domestic violent
"A at place where a general election is tai
Of ing placer
m Mr.. Carlisle-The gentleman from Ne
Jersey is asking me questions on one sui
iect, and | am discussing another subjec
OF course an officer is bound to obey Il
order Of the President where the Preside
~ ~ is acting 10 strict conformity to the la
% but we are discussing the question whetb
oc or not soldiers can be sept into State #
~. tbc purpose OF keeping peace at the pol!
- not for the purpose OF suppressing dome
~ tic insurrectioD or violence.
n Mr. Robeson-Do you understand tn
H. the President Of the United States is
'S cluded in the scope OF this section viii
speaks of ANY other person engaged
the civil service of the United States
If be is, and if he be called upon by t
on Executive of the State properly and
~ proper manner, aud if he responds to tt
IA call, would be be liable to punishment |
~ der the provision of this section2
AZ Mr.. Carlisle-The President cannot
RAJ called upon to do thing which he has
power to DO. In other words, he cant
be properly called upon to send troops il
State to preserve peace at an electi
cks Mr.. Robeson-I understand the gent
req man to say that he thought the section
90 not effect that power of the Executive.
me MIR. Carlisle-I desire to say that
words of the section to which the gent
mp man has called my attention are tai
from tie act of February 25, 1865, and
an exact copy, so far as they go, of I
act. | am not prepared to say exaS
for what it's true construction Is, but
,uri say that this law cannot be so construed
Ter, amended as to punish any officer or citi
est. for doing that which he has right to
Mr.. Stephens obtained the floor,
stated he was unable to proceed at pres
and at his suggestion the committee I
ave and the House adjourned.