Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1879-03-29
IN THE HOUSE.


IN THE HOUSE.
Mr. Springer prescribed the memorial of J.
]. Wilson, claiming to have been elected
from the ninth congressional district OF Iowa,
on the fifth of November last, and offered a
resolution referring the memorial to the COM
mittee on elections when appointed. All the
sitting members from Iowa were elected on
that day, which is claimed on the other side
was not the day legally fixed for the election.
The resolution was adopted by party vote.
Mr.. Young had read an extract from the
rep Jrt of the grand jury on election frauds In
Hamilton county, Ohio, to prove that his
colleague [Butterworthl and himself were
not very bad persons.
The house then went into committee of the
whole on the army appropriation bill.
Mr.. Tucker offered an amendment repeal
ing the law which prohibits any one who has
served in the military, naval or civil service
of the Confederate States from being ap-
pointed to a position In the United States
army.
The point of order was raised by Mr.. Con-
ger and Withdrawn; it was renewed by Mr..
Sparks, and sustained by the chair.
The consideration of the bill having been
concluded, with the exception of section 6,
repeating the statutes allowing the military
to preserve peace at the polls, that sec ion
was read.
Mr.. Conger rose to point out that the
section changed the existing law and did not
retrench the expenditures. 1t could not be
| held seriously that striking out the words ito
keep peace at polls, retrenched expendit
ures.
Mr.. Sparks admitted that the section
| changed existing the law, but argued that it
retrenched expenditures.
Mr.. Frye argued that the section did not
| retrench expenditures. 1t did not affect the
| transportation of the army, because the
President was COMMUNICATIVE chief and could
transport troops wherever he pleased, and
| there was no power In the house to say that
he should not transport troops.
Mr.. Carlisle thought the house and coun-
| try would hesitate long time, being the ac-
ceptlng the doctrine laid down by the gentle
man from Maine, that the President of the
| United States, as commander-in-chief of the
| army, can transport troops wherever he
pleases, and use them for whatever purpose
he pleases, with or without the consent of
| congress. He undertook to affirm that under
the constitution of the United States the
President had no right to use the army and
navy or any part of it to protect the States
against domestic violence or to enforce State
laws except what he was authorized to do by
the act of congress. Did the gentleman on
the other side mean to say that the provision
of the constitution which made it the duty oil
the United States to guarantee to every State
republican form OF government conferred
upon the President, single officer of the
United States, that power? Were the gen.
| tlemen prepared to go before the country or
the proposition that the President was the
United Statesf All the authority which the
President possessed to-day to use the army
and navy in protecting the States in domes
tic violence or in assisting the States In tht
enforcement of the law was derived no
| from the provision of the constitution which
twenty-eighth of February, 1875, amended
| in 1907.
Mr.. Frye-The gentleman, in commencine
his speech, stated that it was claimed by me
that the President had power to transpor
troops wherever he pleased, for any purpos
it, and never claimed it. What l claimed
was simply this, that, if the words ito keel
peace at the polls" were stricken out, tina
would not be any restriction whatever on tn
power of the commander in chief of the arm,
t to transport that army from barrack to bar
rack, and from one State to another State, a
he saw fit. That is all that | claim, and doe
, | not the gentleman admit thate
Mr.. Carlisle agree to that.
Mr.. Robeson-lf the executive of Stat
| calls on the President to suppress domesti
violence, and if domestic violence is at tn
| polls where a general election Is taking place
| Is not the President bound under his oath o
o office to comply with that request2
3 Mr.. Carlisle-If application is made i
o regular form, under act of congress, | admi
Q that it is the duty of the President to sen
o troops; but | say when troops have gone int
: a State and have dispersed mob, or insul
q rectionists, or whatever they may be called
q who are acting in resistance to the State au
il thorities, they have performed their duty
" and they must stop at that. They cannC
!. remain at the polls to protect peace there.
:, Mr. Robeson-Nobody is now disputin
Il that question, but l ask the gentlems
# whether or not this proposed section woul
i take away the power of the President to d
IS that, if he were properly called on.
Ie Mr.. Carlisle-It certainly will not.
ia Mr.. Robeson-If that be so, and if 1t do,
II not take away the Presidents power, and
e that contingency shall happen, as 1t possib
Il may, and if the officers of the army are swol
1r to obey the law of the President, then VIII
becomes of the officer who is ordered by Il
President to suppress riot, and to quell
r. domestic violence, at place where a gener
s, election has taken placer
IS Mr.. Carlisle-The gentleman from Ne
Jersey is asking me questions on one subje