Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1879-06-04
ARMY APPROPRIATION BILL.
SPEECH OF
HON. A. 4. GARLAND,
OF .fRK.f.sS.sS,
IN TIL E SENATE OF THE UNITED
STATES,
TUESDAY, APRIL 90. 1879.
TUESDAY, APRIL 20, 1879.
OF .fRK.Gsy.aS,

The Senate having under consideration the
bill III. X. No. } making appropriations for the
support Of the Army for the fiscal year ending
June so. 1880. and for other purposss-
Mr.. GARLAND said:
Ma. President: As intimated yes.
terday, [ desire to submit some re.
marks on the pending question and
will proceed now by the kindness OF
the Senator from Iowa to do so, not
indulging the hope that shall be able
to say anything new at this late hour
of the debate, nor even entertaining
the belief that / shall be able to inter.
est the Senate by any remarks | shall
address to it. The question has been
as thoroughly sifted and discussed as
any question ! have ever heard deba-
ted, or any one of which | have ever
read the debates and really feel like
apologizing to the Senate for attempt
ing to discuss it at this time; but |
feel il my duty under the circumstan-
ces to submit some general ideas on a
few phases Of the question to the Sen.
ate. The reasons for that course will
appear as progress in the remarks l
shall make.
The point Immediately in hand is,
that in the Army appropriation bill
the committee reporting it seek to
amend section 2002 OF the Revised
Statutes, which section was passed,
the Senate will bear in mind, On the
25th day of February, 1865. That
section is only altered in the amend
ment presented by leaving out after
the words Omitted States" the follow
ing words:
"Or to keep the peace at the polls. "
This bill then proceeds;
"That nothing contained in this sec
ton, as now amended, shall be held or
deemed to abridge or effect the duty or
power OF the President of tho United
States, under section 5297 of the Re-
fvised Statutes, enacted under and to
enable the United States to comply
with section OF article " of the Con
stitution of the United States, on ap-
plication of the Legislature or Execu.
tive, as provided for in said section
Thus holding, under the proviso,
what we claim on this side is the only
contingency in which, under the Con-
stitution, according to section 4, arti.
Gle IV, the President of thu United
States can call forth the force of the
Army of the United States to be used
in tho respective States. To this
amendment the Senator from Maine
[Mr. Blaine] offers an amendment in
reference TO bearing arms. That
amendment is Objectionable tor the
same reason that / will offer to keep
ing the words "or TO keep the peace
at the polls" in the original statute
but that amendment was 80 thorough
ly disposed of by the convincing and
lucid argument of the Senator from
Texas Mr.. Maxey] yesterday, that it
needs nothing more at my hands or
those of anybody else, in my opinion.
There are two questions now pre-
sented: first, should these eight words
be stricken from the statute book -
should they in Justice and in right go
from the book of laws second, if they
should 60, is it right and proper that
they should make their disappearance
by and through an appropriation bill 7
These are the two questions in this
debate presented by this amendment.
Twelve or fifteen years ago this would
not have been debatable question in
either House OF Congress; twelve or
fifteen years ago it would not have
been presented in either branch Of Con
gress and when we look at the coun-
try across the water from which we
gather, in the main, our institutions,
and the sensitive feeling in this coun.
try always in regard to the use OF this
power in any shape or form except in
actual war, It is certainly astonishing
and IL must strike the public mind 30
that any one should contend that these
words should be kept in the statute
book at this time.
| will now give only some few refer
ences to the feeling in England upon
the use OF the army, especially in towns
in time of peace, at elections. Many
have already been produced, and where
touch upon them il will be only in
cdentally for the purpose Of enforcing
some objection wish TO make. | read
from Clodc on the Military Forces o.
the Crown, which, by the way, starti
out with the following splendid motto
taken from Burke, which it will moi
be out OF place to read here
"An armed disciplined body is in it
essence dangerous to liberty; undisci
plined, il is ruinous to society"
That is the starting point TO Clode'i
work on the Military Forces Of th,
Crown, taken from Burke, volume 3
page II.
80 far as the land forces wero need
ed, upon alarm all the fortresses Of thu
kingdom had been manned by the mi
litia. When for the first time soldier
of the Kings army, instead of the
hamlet men,
Which means, in our language, oul
militia
were placed in the tower of London
the people petitioned Parliament, ant
both Houses thought themselves be
trayed. An examination of the Lieu
tenant Of the tower as TO this excep
tional proceeding was at once taker
and an assurance obtained from hin
that no guard should como into thu
tower save of the hamlet-men."
And we see breathing through oul
own Constitution parallel in the frs
article, in the fifteenth paragraph O.
section s, that Congress may make rule'
for calling out the militia TO suppress
''insurrections and repcl invasions.
but il does not call out the regulal
Army of the United States. Those ar
the hamlet-men, according 10 the au
thor here, as named and known II
England.
ain after years, when the troop
! were admitted TO the tower, they wen
there under an old established rule
What Is that rule p
by the order Of a parliamentary minis
ter, the Secretary Of War, and not Of
military officer or the Commanderin
. Chief"
!, See how this spirit runs again and !
. made to live and speak in our owl
}. Constitution by one Of the amend
, ments that subordinates the militar.
. all the time 10 the civil power. Tn
Secretary at War acts not as wa
officer, but as civil officer. Il is a.
I" parliamentary minister that he make
that order, and In no other capacity