Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1879-04-17

may seek 10 DO. Buckle, the most
philosophic of all historians either an.
cient or modern, has told us that the
statesman and the law maker seldom.
il ever, render benefit to mankind by
the enactment OF affirmative laws; that
it is rather by the repeating of obnox.
ious and vicious enactments that they
entitle themselves to the gratitude of
humanity.
As have said, this measure is in It's
very nature anything but revolutionary.
Will it be claimed-is there gentleman
upon that side OF this chamber who will
undertake to claim-that by reason of
any provisions of the Federal Constitu.
ton the President now holds the power
of which this amendment proposes to
deprive him? il there man left in
this House on either side who, after the
clear and logical presentation of the
issue made few days since 10y my col.
lcauge from Kentucky tMr. Carlislel,
will undertake to assert that there was
any such power on tho part of tho Ex.
ecutive prior to the act OF Congress Of
1875?
Sir, if the utmost he granted, if il be
admitted instead OF being denied as we
deny it, that this power was originally
held 10y the President, it was held by
reason of n Congressional statute, and
of necessity the authority passing that
statute and comforting that power must
be clothed with equal authority to re.
peal it.
The Constitution does not give to the
President the right to send the armed
forces of this Government into any
State, even to suppress domestic VIC.
lence, when the Legislature Of that
State, or its Governor, the Legislature
not being convened, shall make requi.
sition upon him.
He is not to proceed upon apprchen.
sion, he is not permitted to anticipate
domestic violence. Neither he, nor the
Executive OF the State, nor its Logisla.
ture are permitted to exercise such an.
ticipation. 1t must be upon n precX.
isting state Of things. Domestic VIC.
lence must exist, and that fact must DO
certified by the Legislature Of the State
whose peace is disturbed, or when that
Legislature may not be convened, then
by the chief Executive of that Common.
wealth.
The President Of the United States is
the recipient Of no power of implica.
ton. There is not n preTogatiye that
he holds which is not clearly defined
and clearly limited by the provisions Of
our organic law. That Constitution has
made this Congress, in express terms
10y the positive provision. the grand
reservoir into which all powers Of i'm.
plication flow. No, sir; this amend.
ment cannot in the very nature OF
things contemplate revolutionary nc.
ton.
But is said that it is not in its proper
place when engrafted upon an appro.
priation bill. Is there n gentleman in
this chamber who will dare deny or take
issue with me upon the assertion-and
| make Il measuring the full imports OF
my words after n careful examination OF
the statutes-tbat more than one-third
of the permanent legislation affecting
or relating to the army of this Govern.
ment, as II stands up the statute books
of our country to-day, has been put
there as riders upon army appropria-
tion bills?
do not care to trench upon the pa.
tience of this committee by any elaLor
which that side Of the House has furn
ished us in the shape of precedents for
the action that we take. Sir, If letters
upon revolution are to be read to us. let
them come from some quarter and from
some member who is not himself con.
victed on the record.
The gentleman from Ohio tMr. Gar.
fieldl told TIA that this was an effort, an
unmanly effort, 10 starve the Govern.
ment TO death. He contrasted IL with
what he termed the bolder and brayer
action Of certain members of Congress
in 1861, when they left their seats in
these two chambers and carried their
issue TO the field Of carnage. lie tells
us that this is revolution, and he de
nounces any effort we make TO adopt it.
Mr.. Chairman, better would il have
been for the people Of this land If the
well.earned power of the distinguished
gentleman from Ohio had been employ.
ed at an earlier period of his political
history in averting. denouncing and op.
posing revolutionary legislation. Does
the gentleman remember the record
that he made in 1855 upon an amend.
ment offered by Mr. Wilson, of Iowa,
proposing to revolutionize the judicial
system o! this country. proposing TO
rob co. ordinate branch of the Govern.
ment. and that, too. the last barrier be.
hind which the liberty of the citizen
finds shelter, proposing to strip the Su.
preme court OF the United States of the
prerogative and power with which the
Federal Constitution has clothed it I
Does he remember the record he made
when Mr. Wilson's amendment, which
reads as follows, was oiieredf
Provided, ho,cercr, That IL any circuit
or district court Of the United States shall
adjudge any act Of Congress 10 be uncon.
stitutional or invalid, the judgment, before
any other proceeding shall be had upon II,
shall be certified up to the Supreme court
Of the United States, and shall be consid-
cred therein, and If upon the consideration
thereof two-thirds Of all the members Of
the Supreme court shall not affirm said
judgment below, the same shall be declared
.,l L.iI