National Republican., 1879-03-29

this proposed section would take away the power
OF inc President TO do that If he were properly
called upon7 I.I 'TI-I ~ .E 80 -.
Mr. CARLISLE II certainly will not
MI, koBEsoN, If that be so, and if II does not
iake ! away The Presidents power and If that con,
tmgency shall happen, as IL possibly may aud If
OHlceIS OF the army are sworn 10 obey the lawful
orders of the President then what becomes of tho
olger who Is ordered by the President to suppress
u riot ana TO quiet domestic violence at place
where general election has taken place?
Mr CARLISLE. The gentleman from New Jersey
Is Nsklhg me questions on one subject and am dis
cussing another subject OF course an officer Is
bound TO obey the order OF the President whore
the President Is acting in strict conformity to the
law, But we are discussing the question whether
pose OF Keeping the peace at the polls-not for the
purpose of supprcsslng domestic insurrccton or
violence The two propositions are altogether DIT
icTcnt IN their nature. They stand upon altogether
different foundations. The one is essential to the
preservation not only of the peace, but Of the very
existence Of the Union.
Mr.. Robson. DO you understand that the Presi-
dent of the United States Is included in tho scope
OF this section which speaks Of "any other person
IL nc is and If he be called upon by the Executive
ora State properly and In proper manner, and If
ne responds to that call. would he be liable to pun
lsnment under the provision of the section?
Mr.. CARLISLE. My first answer to the question Is
mat the President cannot properly be called upon
to do n thing which he has no power to do-in
other words that he cannot be properly called
upon TO send troops into State to preserve peace
at an election.
That he thought the section did not affect that
power Of the Executive.
Mr.; CARLISLE In further response to the qucs
tlon desire TO say that the words Of the section to
which the gentleman has called my attention arc
taken nom the act OF February D, 1865, aud are an
exact exact copy so far as they 60 Of that act do not
was then in power put upon II as 10 Its effect upon
the President. nor do know what construction the
Administration of which my friend from New Jcr-
sey was distinguished member put upon IL. am
not prepared TO say exactly what It's true construc-
ton is but do say that this law cannot bcso con-
strued or administered as TO punish any officer or
citizen for doing that which he has n right to do
Mr., REAGAN contended that the point Of order
could not be sustained, innsmuch as no rules had
been adopted for the government OF the present
House, and therefore the section under discussion
could come in conflict with no rule.
Mr.. LAPHAM argued that the section did not upon
its face rcrench expenditures. Election riots,
which were the boodiest riots in the history of the
country, generally followed the violence perpe-
trated on election day upon the ballotboNes. To
deny the use of the army for the purpose of pre-
venting violence on election day was to deny the
ounce OF preventative to the end that in the bloody
night that followed the Government would have to
funish the pound of cure.
Mr.. HOOKER thought that twas a startling prop
osition which had been brought forward by some
gentleman on the other side; that there was man
in this country superior to the legislative branch OF
the Government, and who conld do more than the
law authorized him to do. There was no man III
this country, however high In position, who must
not bow his lordly head in obedience to the great
| law of man. as proclaimed by the commons of his
Uounuy-ue represehtiuEes ol ,he peopiie.. ~ M WI
the right OF the people aud the duty of their repre-
| sentatives to say how, when, and under what cir
| cumstances the army should be used.
He proceeded TO argue that the section was in the
interest of economy, inasmuch as 1t cut OIL one pur
pose for which 1t was necessary to use and trans
| port troops.
Mr.. STEPHENS obtained the floor, but stated tina
he was unable TO proceed ut present and at his sug
gestion the committee rose, aud the House at l:i
| o'clock adjourned.
| The Clerk read notice, inviting members whC
| desired to have measures of financial relief actet
| upon at the present session to meet this evening
| 7;J0 O'Clock in the Judiciary Committee room.