The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1879-06-26
The Army Bill.

On the Goth, the bill making appropria-
tions for the army was passed in the Senate,
just as it came from the House, by a strict
party vote, except Gen. Burnside, Republic
can, who voted with the Democrats for the
bill. 1t had been amended in Committee
by notifications conceded by Democratic
Senators, necessary to its perfection, but a
subsequent Democratic caucus determined to
to take the bill Just as came from the House,
fearful that if it went back to the House it
would encounter more serious opposition
than was given on its passage in that body.
Senator Carpenter made a very clear legal
argument against the bill, demonstrating
conclusively its unconstitutionality, but as
the caucus had determined the action of the
majority the dicta Of that extraordinary
tribunal was carried out to the very letter,
Senator Thurman acting as the mouth piece
to foreshadow the caucus policy. Senator
Carpenter said Of the old laws that the re-
strictions contained in the fifth section was
an interference with the duties of the Exec
utive, and was therefore unconstitutional
The Army in time OF peace could only be
us as Police force, land to forbid the Pres
dent to use it upon election day was to deny
his constitutional right to employ the mill
tary power Of the Government to suppress
disorder. 1t was the duty of the President
to execute the laws, and he was clothed by
the Constitution with the military power of
W VI .lar &c ho lar
forces for that purpose. Whenever it be-
comes necessary to use the military power
to execute the laws, he could employ that
power either as an ordinary Police to pre-
serve peace or as judicial power to punish
violations of law. The daty of the Presi-
dent to prevent the violation of law was as
| imperative as his duty to punish its viola
ton, and the right to use all the powers OF
the Government to punish, involved the right
to use the same power to prevent. II a
mob assembled to interfere with the trans
| mission of the mails, it would be the duty
of the President to prevent the crime con-
| templated, and not wait until the crime was
| actually accomplished. There was no ques-
ticn as to the right Of Congress to regulate
the time, place and manner of holding cleo
tons for Representatives to Congress and
Presidential Electors, and if it was contem.
plated to prevent the holding of such cleo
tions by violence, it would be the primary
duty OF the President to defeat such con-
templated lawlessness; and yet the pending
bill proposed that the power Of Government
should not be asserted upon election day to
preserve and maintain the peace.
The President, however, takes different
view of the wording of the bill to that en-
tertained By Senator Carpenter and will
sign it. In conversation on the subject he
said he would sign the army bill because it
contained nothing not already provided for
by existing laws. lie argues that the army
should not be used as police force at the
polls, and existing laws prevent such en-
ployment of the land Or naval forces. He
does not admit, however, that the military
power, as such, cannot be lawfully employed
to enforce at all times and places, and upon
every day OF the year, all the laws OF the
United States, including the election laws,
and said that whenever an emergency arose
requiring him to use the army as military
power to enforce the laws and maintain the
public peace h. would not hesitate to do so.