Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-03-29
FORTY-SiXTH CONGRESS,
Extra Session.
House of Representatives.

district of Iowa, the 5th Of November, and
offered resolution to refer the memorial to
the committee on election when appointed.
(All the members from Iowa were elected on
day claimed on the other side not to be the
day legally fixed for the election.) The res
olution was adopted by a party vote.
YOUNG AND BUTTERwoRTH
Mr.. Young had read an extract from the
report of the grand jury on The election in
Hamilton county, Ohio, to prove that his
colleague (Butterworth) and himself we're
not considered very bad persons. The
House then went into committee of the
whole on the army appropriation bill.
THE ARMY BILL.
Mr.. Tucker offered an amendment repeal
ing the law which prohibits any person who
has served in the military, naval or civil SER
vice of the confederate States from being
appointed to a position in the army of the
United States. A point of order made and
withdrawn by Mr.. Conger, was renewed by
Mr. Sparks and sustained by the chair.
The consideration of the bill having been
concluded with the exception of section six,
repeating the statutes allowing military to
preserve peace at the polls, that section was
read, and Conger rose to a 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
''to keep peace at the polls retrenched ex-
penditures.
Mr., Sparks admitted that the section
changed the existing law, but argued it re-
trenched expenditures.
Mr.. Frye argued that the section did not
retrench expenditures. 1t did not effect the
transportation of the army, because the
President was commander in chief, and could
transport troops wherever he pleased, and
there was power in the House to say he
should transport troops here and not there.
Mr.. Carlisle thought the House and coun-
try would hesitate long time before &C.
cepting the doctrine laid down by the gen
tleman from Maine, Frye, that the Presi-
dent, as commander-in-chiet of the army,
can transport troops wherever he pleases,
and use them for whatever purpose he
pleases, with or without the consent of Con-
gress. He undertook to affirm that under
the constitution of the United States, the
President had no rig ht to use the army or
navy, or any part of it to protect State
against domestic violence or to enforce
State laws, unless he was authorized to do so
by act of Congress- Did gentlemen on the
other side mean to say that the provision of
the constitution which made it the duty of
the United States to guarantee to every State
republican form of government, conferred
upon the President, a single officer of the
United States, that power. Were gentlemen
prepared to 90 before the country on prop
osition that the President was the United
States. All the authority which the President
possessed to-day to use the army and navy
in,
lence, or in aiding States in enforcing the
law, was derived not from the provision of
the constitution which had been read, but
from the act of Congress of the 28th of
February, ITS, amended in 1907
Mr.. Frye-Ihe gentleman in commencing
his speech stated it was claimed by me that
troops wherever he pleased for any purpose
whatever. 1 did not say so. did not claim
it and never claimed it. What I claimed
was simply this, that if these words s'to
keep peace at the polls were stricken out
that would not be any restriction whatever
on the power of the commander-in-c chief of
the army to transport the army from bar
rack to barrack, and from State to State, as
he saw fit. That is all that I claim, and
does the gentleman admit that?
Mr.. Carlisle agree to that.
Mr.. Robeson-If the executive of a State
calls on the President to suppress domestic
violence, and if domestic violence is at the
polls where a general election is taking
place, is not the President bound under his
oath of Office to comply with that request?
Mr.. Carlisle-If application is made in
regular form under the act of Congress, L
admit that it is the duty of the President to
send troops, but I say when these troops
have gone into State and have dispersed
mob, or insurrectionists, or whatever they
may be called who are acting in resistance to
the State authorities, they have performed
their duty and must stop at that. They
cannot stay at the polls to protect the peace
there.
Mr.. Robeson:-Nobody is now disputing
that question:, but I ask the gentleman
whether or not the proposed section would
take away the power of the President if he
we're properly called upon.
Mr.. CarliSIe-It certainly Will not.
Mr.. Robeson-If that be SO, and if it does
not take away the Presidents power, and if
that contingency shall happen, as it possibly
sworn to obey the lawful orders of the Presi-
dent, then what becomes of the officer who
is ordered by the President to suppress riot
and to quiet domestic violence at place
where general election has taken place?
Mr.. Carlisle-The gentleman from New
jersey is asking me questions on one subject
and 1 am discussing another subject. OF
course an officer is bound to obey the order
of the President where the President is act
ing in strict conformity to law, but we are
discussing the question whether or not SOL
diers can be sent III to State for the pur-
pose of keeping peace at the polls, not for
the purpose of suppressing domestic insur-
rection or violence.
Mr.. Robeson-Do you understand that
the President of the United States is in
Guided in the scope of this section which
speaks of any other person engaged in the
civil service of the United States. If he is
and if he be called upon by the executive of
State properly and in proper manner,
and if he responds to that call, would he be
liable to punishment under the provisions of
the section.
Mr.. Carlisle-The President cannot be
properly called upon to do thing which he
has no power to do. In other words he can
not be properly called upon to send troops
into State to preserve peace at an election.
MIR. Robeson-I understand the gentle
man to say that he thought the section did
not effect that power of the executive.
Mr.. Carlisle desire to say that the
words of the section to which the gentleman