Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1879-03-29
FORTY-SIXTH CONGRESS.
W AsHINGToN, March =
HOuse.
Extra Session.

also offered resolution in reference to the
petition together with certificate of said cleo
ton in the hands of the clerk of the house to
the committee on elections when the commit
tee was appointed
Mr.. Conger objected.
The speaker stated that the resolution was
offered As a question of privilege.
Mr.. Conger argued that the memorial
should have been placed in the petition box,
as II did not represent in itself "A matter of
privilege.
The resolution was finally adopted by a
party vote.
Mr.. Conger in referring to the appointment
OF select committee to investigate the cleo
ton of his colleague (Butterw orth) and him
self, sent to the clerks desk and had read an
extract from report of the grand jury to the
effect that the grand jury, after examining
five witnesses, found no ground to take furth-
er proceedings. He explained his object was
to prove to the house that his colleague and
himself were not considered in Hamilton
county as very bad persons.
Mr.. Tucker offered an amendment repeal
ing the law which prohibits any person who
has served in any capacity in the military.
naval or civil service of the Confederate
States from being appointed to any position
in the army OF the [ nited States. lie trust
ed that it would meet the appreciation of both
sides. and the stigma resting on every class
of the population of the Southern States
should be wiped fIom the statute books, now
and forever.
A point Of order was made by tOnger and
insisted on by the Speaker. Clymer and 9th
ers, Mr.. Congcr remarking Mr. Tucker had
thrown down the gage Of battle. and that
gentleman had had the courage to offer what
the democrats had repeatedly said was pre-
mature propositions He himself had been
laughed at scornfully when he had suggested
reduction of the army was proposed in or
der TO make room for southern brigadicrs.
Mr.. Congcr subsequently withdrew his
point of order, but it was renewed by Mr..
Sparks, and sustained by the chair.
The consideration of the army bill having
been concluded with the exception of the sec
ton repeating the statutes allowing military
to preserve the peace at polls. The section
was read
Mr.. Conger rose to point of order that
the section changed the existing law, and did
not retrcnch expenditure
MIR. Sparks admitted that the section chang
ed existing law, but argued that it rctrenched
expenditures. He hoped for the credit of
free institutions that such an n-American
principle had not been so largely acted upon
As to allow a sovereign citizen to be watched
at the polls by his own servant with musket
| in hand.
Mr. Frye argued that the section did not
fleet the transportation ofthe army. because
the President was commander-in-chicf, and
could transport troops wherever he pleased
and there was no power in the house to say
he should transport troops here and not
there.
Mr.. Robinson of Massachusetts, made an
argument in the same line.
Mr.. Sparks asked Mr.. Robinson whether if
the uses to which the army cond be applied
were diminished, that would not necessarily
reduce expenditures:
Mr.. Robinson go deeper than that ques-
ton goes. You cannot take from the Presi-
dent the power to send an army even to put
down domestic violence at the polls. If YOU
cannot take away that power you cannot save
dollar.
Mr.. Spark'-Can we not repeal this see
ton and say the army shall not be used to
keep peace at the polls?
Mr.. Mclean expressed belief that the
proposition contendcd for on the republican
side, (that congress could not economic
money ly controlling the use of the army
had never been made Aetorc in either house
of congress. He contended that the powerto
make rules and regulations for the govern
ment of the army and navy was the tunda-
mental power of congress and he never
| Mr.. Haskell asked Mr.. Mclean whether he
had read the fourth section of the constitu-
ton, which says the nited States shall guar
antee 10 every State a republican form of
| government, and shall protect it against in
vason, and Con application Of its legislature
or GOVERNOR against domestic violence. And
whether in spite of this proposed repeal the
President could not on application of the
governor of New York, order troops to pro-
tcct peace at the polls in the city of New
/ York
Mr.. Mclean replied that the question was
not at all pertinent to the question at issue.
Mr.. HASKELL nder the operation of this
law do you pretend to say that under no cir
cumstanccs shall troops be sent to any poll?
| ask you whether in spite of this proposed
repeal if the governor of New York should
on election day ask the President that troops
be given him right there at the polls to put
down violence. the troops would not be sent
under the constitutions:
Mr.. McLean-Whc never the governor of il
State certtes to the President that he cannot
suppress an instruction that is existing, the
President i bound by the constitution to send
troops to suppress it.
Mr.. lIaskell-ind would be in spite of this
law?
Mr.. McLcan-No law of congress can can
eel that power
Mr.. McMahon-Thc section speaks of arm
ed enemies of the United States. ask the
gentleman from Kansas when persons become
armed enemies of the L nited States.
Mr.. Ilaskell-Judging from the remarks on
one side of this house since the 4ith congress
declare before my Maker that do not know
what side of the house would consider to be
armed enemies of the United States
Applause ON the republican side of the
house.
Mr.. keifer argued against the proposed Sec
ton.
Mr.. Carlisle thought the house and country
would hesitate long time before accepting
the doctrine laid down by Mr.. Frye, that the
President as COMMUNICATIVE the army
v,,,i t-an.roit troops wnever he pleases, ami
use them for whatever purpose he plcaScs
with or without the consent of congress.
This was the first time he ever heard such
a doctrine announced by a gentleman of such
responsibility and intelligence. Although
the king of Great Britain could raise armies
without authority of the parliament, yet for
more than two hundred years parliament had
controlled the king in the use of the army.
Il