The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-04-28
A STRONG AND WISE SPEECH
JUDGE DAVIS IN THE ARMY BILL DE-
BITE
Nothing Wrong In the Biu-The Cry Of Revo-
tuition RidIcuIous-The Ballot BOX should
be Free from Military Interference.

From me Congressional Record. Arrti %.
Mr.. President, the caucus Is an important
factor in American politics. and both the great
parties OF the country employ lis agency. This
Is done on the theory that party action Is most
easily perfected by this method. do not COM
plain OF the mode adopted to reach results. but
M | have boon for many years viewing public
affairs from an independent standpoint, 1t docs
not help me TO decide any question that may
come before the senate. Atnough usunIy pre-
ferrinR To give silent vote. cannot suffer this
measure to be passed on without saying some
thing on the subject.
The heat that has been manifested on tho oc-
ension OF this debate has surprised me II any
thing can surprise mo in politics, A stranger
unuccustomed to our modes OF debate would
suppose that the Union was in danger ana that
the old questions, passions. prcludiccs. and
purposes which 1t had boon thought were laid
aside forever were again revived. And this.
too, fourteen years niter the rebellion WIS con-
Quercd and when there Ia no complaint from
any quarter that the Federal compact presses
too hard upon one section Mt the expense ot
another. and when the Federal Government IL
ohmycd throughout the entire South.
Thcre docs not seem to bO the least ground
Tor the excitement and bitterness that have
characterized the discussions in Congress Mt
this session. and should be amazed were 1t not
that the records Of all parties prove that ma
jorities invariably commit Legislative wrongs,
aud minorties invariably protest against them.
II II be true. as charged thu. the success OF ono
OF tho grcat parties OF the country mems rcNo-
luton and ruin To- constitutional liberty 81 what
values would be the securities OF tho Govern
ment. or. indeed, any other species OF property
In the nature Of things If n revolution WIS i'm.
to free government or popular liberty; the Gov
eminent would not be able To sell bonds at 4 per
York maintain it's present high rate.
This charge. Mr., President, is mere nction
and has no foundation TO rest on. but It pro-
| duces infinite mischief and tends TO demoral-
| ize the country and every material interest in
| It: alarms the thoughtless and tmid. unsctles
| business and values and produces state Of
unrest in every community. 1t may succeed
| IN winning elections. but IL cannot restore pros
perity.. That great object can never be accom-;
/ VtIha Nfa al
| strife and the violence that accompanies II. nor
| do believe the people are in the mood for THIS
| kind Of politics. They haVo had more than
| five years OF harsh experience. and they want
| TO find some mode OF relief from their present
sufferngs and impoverished condition. And
| they will honor the statesman who contributes
| 10 the stock OF knowledge on this subject rather
than the political leader who Will not let tho
nave no personal concern. Mr.. President in
| the rise and fall " parties, but | am deeply So
| Hcitous that the affairs OF Government shall be
SO administered that labor seeking employment
| can obtain It TINT all industrial pursuits will
| be- suitably rewarded. and that heart be given TO
! the people. North and South. TO work out oftheir
| present embarrassments. We are one people.
| Of the same blood and with the same destiny,
and unity OF feeling Is essential to lift US out Of
the miro and to help us on the road 10 pros
| perity.
are SO intimately connected in trade and COM
| merce that. as general rule whatever inluri-
| ously affects one part has n corresponding ci-
| feet on the other. and whatever benefits the ono
Ii is Mr. President. in my judgment. the i'm
perativo duty OF tho hour instead OF turning
| the attention 81 the people back into history
with It's Hnimosiies. 10 direct IL 10 the troubled
| business interests OF the country and the way
With the past buried. and discussions on lv-
| Ing issues, the people would soon regain conn-
| dence. which Is essential in any plan for rcliev-
ing the present hard times. IL may be- that such
a course would affect the fortunes Of Varties-.
| for both parties in Congress on any question q
practical legislation fall 10 pieces-but y would
| have the most beneficial effect upon the for
| tunes OF the country
! Without intending % reflect upon tho patriot
ism OF either party. II does apuear 20 me- that
| the speeches on tho pending bill do not repre-
| sent he wishes or opinions Of the masses oi the
| people Of either section. Experience has taught
| them that legitimate business principles which
| lead 90 wealth and social happiness require a
that sound policy dictates the cultivation Of
| peace and good will between the sections. Tho
| country. Mr.. President, cannot be prosperous
| SO long us the old conflict between the North
| and south IL used AT cnch recurring Presiden-
tial election as an instrumentality OF party sue
| cess, and the statesman who shall rise equal To-
the occasion. and put 1t nj rcst. will receive the
graituae Of suffering people
| army for the ensuing fiscal year. II Is attacked
because the sixth section alters Two rToy,' ions
statutes reads rs follows:
No military or naval oncer or other person en- aged
~ nc ciNil. military. or naval service Z" nc mirl
thory control any troor. OF armed men A. e place
Where any general or srcral eleeuSn IS hcd IN an,
of the United states to Keep the peace at the polls
And section 5.52s is in these words:
Every olcer n the army navy or other person IN
Who orders. brings keop, or has under hi. suoriiy OF
control any TROOPS o. armed men at any place where
he To rclci armed enemies ot ths
mex nf not timer Sr man s ana pS @
hard labor not less than three months nor more than
These sections. though widely separated r
the Kevised statutes, are parts OF general law
passed on tho 2jth OF February, 1860. to pre-
vent officers Of tho army and navy and other
persons engaged In the service from Interior
Ing in elections in the States" statutes a
Large volume IL. page 431.)
The first section denounced tho use OF troops
at elections except in two specified cases. ant
the second section provided tho penaltei
for dsobedience. The two excepted casei
Rro when the troops arc necessary to repel tn
armed enemies Of the United States or to keeI
proprlaiion bill proposes to strike from botl
sections the words or 10 keep the peace nj tn
not be used hereafter at elections for an
purpose. As an abstract proposition. cal
there be any rational objection 10 this Oush
the army To- be- used nj the polls when thoro ha
been profound peace Tor more thnn a decade
Docs any ono believe that such law would eve
have received tho approval Of tho American
Congress if it had been brought forward in
time Of peacef II was passed when formid
able civil war was in progress. taxing to tn
utmost the resources Of tho country
In the opinion Of tho patriots OF that day IN
state Of feeling IN certain parts Of the countr
!
ful elections while the war lasted. unless a mil
ltary force was kept in readiness for any ont
break Of popular commotlon. This WA
tho conviction that prompted the legs
lation, but / venture to say n
ono Of the eminent men who voted for II intend
= ed or expected that IL would remain part q
. the permanent law OF the land. They were to
, well read in tho lessons OF history and the ira
dtions Of the Anglo-SaXon race to believe tina
, | a free people would tolerato-eNcept on greu
: emergencies ike war wnged for the mainto
nance OF the Uuion-the Interference Of the mil
itary in civic concerns. And they were men u
principle and did not wish II to be otherwise
, II is no new thing in time Of peace 10 repoG
q n law passed in time Of war. Indeed, no wis
I statesmen will hesitate 10 do il II the lay
be unsuitable to the changed condition Of things
r | 1t is part Uf the very nature OF every man g.
, | our race 10 rebel against anything which inter
Y feres with the freedom Of elections and the day
r | Of the republic are numbered If the people eve
, | consent 10 place the ballot box under tho pro
| lection of the bayonet.
: But. MIR. Pres ident this consent will never b
= obtained until they have forgotten the principle
| OF constitutional liberty and the presidents -
I by the Commons OF England. These precedent
| | refrain from referring TO NJ length hut tn
| preamble to an net passed in the time Of GcOrg
3 | ii, u735l fOrbdding the presence Of troops
; election is 50 appropriate that beg leave
e read IT,
Whereas by The ancient common law of this land a
elections ought to be nee; aud whereas by an act tsse
In the ihird year Of the re4n OF King Edward the FIR