Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1879-06-21

and proceeded to speak on the army bill,
the first part of his argument being sub
stantially the same as Senator Carpenter. He
said that if congress could nullify the power
to equip and then support the army for one
day, 1t could do 1t forever. He would rather
vote for the repeal than the negatlon of the
laws. 1t was more in accordance with legis-
lative dignity. He continued: 81 am Will
ing to let bygones be bygones, but it cannot
be as long as the Democrats are the
barbarities that would make civilized man
kind shudder. You Endorsed, the conduct that
was not according to civilized warfare. At
tempts were made to disseminate small pox
and disease, and to FIRE the northern
cities. Yea are IN no position to
tell US we must stop talking about the rebel
lion. You censure Republicans for speaking
of what occurred during the war, and say we
are trying to fire the northern heart. l say
that unless you stop this talk yourselves we
will have a solid north, and when the north
becomes solid again it will be solid to remain
80. do not know what the President may
do, and it Is none of my business, but | am
free to say, and want my people to under
stand 1t, the only difference between this and
repeal positive of the laws rs that one would
be a proper way of legislating and the other
is not The effect is the same--one repeats
and the other negatives. The man that
votes for this section to-day must not explain
ing; that it only cuts off supplies for day.
1t meaasa the same as If 1t forbade supplies
for year. The adoption of the law would
be lust as much backdown cu our
part as if we had agreed to the re-
peel of the election laws. Whenever you
will quit distressing the people in your
country, we Wiilsrespect you. Whenever you
protect the poor man as you do the rich man,
| aud the colored man as you do the white
man, we will respect yCg. Whenever you
| quit talking about men OF wealth in your
country being the only ones that have right
| to vote and hold office, then we will think
you adhere to the principles upon which this
government was established Then we will
| meet you half way, and say that this country
| as whole gives the same rights to one man
as to another, and that the Legislators of the
country are bound by that principle, and are
| bound to carry it out. Till that time you
cannot expect the north to recognize you as
standing upon the same platform in reference
to justice and the liberties of the people as
we do at the north:
Senator Kirkwood, after legal argument,
said the people of Iowa are large exporters,
| and they do not propose to ask PERMISSION of
the people of New York, of New Orleans or
| of San Francisco to send their produce
through their ports. The prosperity of the
country depends upon the strength of the
l government to protect all parts of It. There
L
| sap the power of the general government.
We fear In the future much that has cost US
| so dearly to obtain may be lost. We intend
to see it, carefully and prudentiy, that that
result shall not follow;
Senator Thurman said the opposition 10 this
bill proceeds upon principle that is utterly
and absolutely lndefensihle. 1t proceeds
upon the ground that it is the duty of con-
gress to make appropriations to exc
cute every law that is upon the
statute books, whether that law I've constitu-
tional or not, polite or not, lust D. lo5, con-
demned by the people or not! the principle
upon which this bill is opposed would have
| made it the duty of congress to appropriate
| money to carry into effect the alien and sedi-
ton laH7-the fugitive slave law. IT slavery
still existed, and that law was in force, it
would require congress toy make appropria-
tons to carry into effect the most detrimental
or unconstitutional law that was ever enact
ed. If that law had been repealed such a
| principle never obtained in this or
any other government that had a
legislative body that made an appropriation.
would like To KIN DIV how | am bound 10 re-
gard law as constitutional because
some former congress enacted that
law. Take these election laws.
never was clearer in my life than
upon the proposition that these laws are
Unconstitutional, and am to be foresworn
| by voting money 10 cary them into execu-
iionl If do make myself a DGrtiesps
eyiminis. No, sir; law is passed; it is a
bad and unconstitutional law, and subsequent
congresses may be unable to repeal it. Con-
gress has an absolute right to use all the
powers the constitution eonferS upon it, up
en- the question whether that law shall be
executed or not, and If 1t cannot be executed
without appropriating the peoples money,
then the man who thinks that il
is unconstitutional and votes TIE peoples
money to execute II is q penured man, and
nothing less. Nothing is clearer than that
if majority of congress are opposed to Law
and cannot repeal 1t, yet they are not bound
to vote the money of the people, which is Ia
their keeping, to execute that law which
they believe to be unconstitutiI nal. l will
go further, and say that if they believe the
law to be impolitlc they have that right
| Senator Rlalne-Thea a citizen by the
same reasoning is not bound to obey law.
Senator Thurman-The senator FROM
Maine would not make his ly;la as & lawyer
or 20 would Eet ask me such a question.
What is this 6ody2 Is this cenaress bound
By the decisions of q former congress as to
what ia constitutional, and if law is uneon
stitutional are we to stultify ourselves and
become particeps crinrinis by voting money
to execute itP But there is another ides
started here, and that is that If an apprOpri-
alton bill does not appropriate money fol-
everything 1t ought to be vetoed OF
vcled down, Is there in that bill an
appro priatlon that is Objectionable or moi
pursuant to the constitutional No man will
say so. Who, then, has right to vote
against the bill, much less vote against il
because it does rot appropriate for some
thing elseP Suppose it did not appro-
pirate for the ordinances department al
ALL Certainly it is our duty tC
appropriate for that department, we would
have to take the responsibility, but would
| hot IfXya Iax h.
bill or vetoing it? What right would any
body have to say that In due time, and &C
cording to our judgment we would not ap
| propriate for it? This hl.! does not appro
pirate for the troops to be used police
: force at the polls. Put any construction Yet
please on the language, 1T is a failure to ap
propriate for the army when used for {
particular purpose, Just as the Republican,
said they would not appropriate for tn
: army if it were used out in Kansas many
! years ago.. 1t is simply a failure to appro
} pirate. 1t repeats no laws, and no man cal
defend his vote against the bill because
, does not appropriate for specific purpose
If other appropriations IN the bill right it i
| our duty to appropriate money to support tht
3 government, A great many people think tina
} the army Is not necessary part of the gov
eminent. If they refused to appropriate to
f it, it would merely be giving effect to thei
constitutional opinion. 1t Is not necessar
2 institution, and it is simply a question o
policy or judgment whether it shall be re
9 tanned. But we do not refuse to appropriat
: for it. The idea that congress is oh
liged to support every bad, odious, OPP
pressive, impolitic or demonstrations
: law Is harder blow at this government tina
g has ever been dealt at it. 1t is to weake
e the constitutional power of congress 8
+ that 1t is hardly worth having. l will vot
: against any amendment, without any regar
g to Its merits. | do not propose to send thi
4 bill back to the other end of the capitol
t after last nights experience, il can help il
s | do not propose to prolong this session b
9 delaying the passage of this bill.
d Senator Blaine asked Senator Thurman
= he believed he was justified in voting again'
n enforcing law because he thought it wa
n unconstitutional.
= Senator Thurman said yes, and that
e would peri ure himself otherwise.
m Snnatnr Rlaina rn,A lnr.r ,rnn con stitI