National Republican. (Washington City (D.C.)) 1872-1888, 1879-05-10
FORTY-SlxTH CONGRESS-.
The House Military Bill Passed the
Senate.
MIR. Edmunds Points Out the Dangers of the
f Bili-Thouigh-Tide Mark of Democ-
racy-Tho Contrast Presented-A
Slight Breeze in the senntc--
... Private Bills in tho
House, &C.. sc.
SENATE,

Hc0tion and distribution of tho Congressional Record
to repositories of public documents, which bills
were appropriately referred. - C.. ID.
Mr.. MCDONALD introduced a bill authorizing
promotions In the army, and = -
Mr. HARRIS, from the Committee on Epidemic
Diseases reported substitute for the bill, hereto.
fore recommitted TO IT, to prevent the introduction
ofcontagious or infectious diseases In the United
States.
MIR BECK, from the Committee on Appropriations
reported back the House bill, with an amendment
making provision for the payment Of sums of
money, heretofore appropriated. to James j. Eads
and his associates for the construction of jetties
and other works at the South Pass of the Mssis
sippt. The bill was passed.
The President pro fem announced the pending
business to be the bill from the House to prohibit
military interference at elections.
Mr.. EDMUNDs, before commencing his remarks
called attention to specified clauses of the Constitu
lion with regard to elections and the powers OF the
President and caused to be read the statutes author
izng the appointment of marshals and defining
their duties, and also the laws authorizing the
President to employ military and naval force to
repel INVASION, suppress insurreetion and to exc.
cute The laws These acts were, he said; passed re-
spectiyely during the administrations OF Washing
ton, Jefferson. Jackson and Lincoln
IIe. likewise caused to be read the act of 1865,
which imposes fine and imprisonment OH any mil
itary naval or civil officer who brings troops or
armed men 70 the polls unless TO rcpel armed enc,
mics Of the United States or to keep the peace and
attempt to prescribe the qualification OF voters.
Mr. EDMUNDs also called attention to the sections
from the acts of 1906 1870, and 1871, authorizing
the President TO employ the army and naval forces
aud the militia to project voters in the exercise of
their rights and to punish persons who fraudulent
referred to, including that which prohibits any
portion of the army from being used as posse com
ddtuS for the execution of law unless its employ
mcnt Is expressly authorized by the Constitution
and act of Congress in certain cases and under GER
tain circumstances
Mr.. EDMuSDs then read extracts from the rcd.
eqlist to show that Hamilton and Madison main
tanned that the Government ought to possess the
means for its own preservation, and that Congress
has power over the election of members of The
House of Representatives.
Quotations were also made from President jack
sons message of 1883 relative to the distractions
to the execution of the laws In South Carolina,
and from The writings of Judge story to show that
the duty of the Government became the measure
Mr.. EDMuNDs said he had read from the Consti-
bore on the power of the Executive Department to
show that from the beginning. Of the Government
ever there is law there must be power to carry it
into effect And there still existed express author
ity for the President 10 exert the
the execution Of the law, on all occasions aud ey-
erywhere is obstructed by combinations too pow
erlul for the civil authorities to suppress. The
command all necessary assistance in the perform
ance Of their duty, the power being the e, same as
that OF sheris OF the respective states. The Exec
utive was not tyrant, but civil officer, and was
authorized to exercise all the force at his command
for the due execution of the laws made in pursu-
ance of the Constitution, which he is bound to pre-.
serve protect, and defend. The preservation of
the peace was not arbitrary. The state of order
and tranquility was found in the due enforcement
of the laws Jackson announced the possession OF
the power conferred by the Constitution and the
laws passed in pursuance of it when, IN 1883 the
people of South Carolina set UP their will and do
minion against the exertion of the national law.
Thesame arguments and prctexs. the same defiance
the same Claims of the exercise of state soyer.
eighty and State rights. The same old heresies are
reproduced ON all occasions, and often in the same
peacd there was express authority to exert all the
force of which the Republic is capable TO prevent
violent niracons of the law. If elections fail or
are prevented what becomes of the RepublicIand
the liberty of the citizens2 Justice may fail the
courts may be closed by armed bands but when
the power OF the law overcomes opposition nobody
has lost anything except by delay. But If you
destroy the fountain of power the Republic is at an
end. If therefore, there be any distinction between
one part of the law and another, when the military
and civil power should be particularly eXerted, ii
is on occasions when a citizen of the Republic is to
perform q public trust as a component par
Of the Republic, and when he can freely and
honestly participate in the choice OF members OF
the House of Representatives, as well as in the
choice of members of the Legislature which elects
United States Senators.
The law of 1898 afforded all the necessary power
to protect the citizen from violence md in the pos
session of his rights, and covered all the power OIL
none to protect, preserve, and defend the Constitu
ton and maintain the public tranquility.
If we, said Mr.. Edmunds, surrender ut this time
one thing esteemed to be so small by some and 81
great by those who seek to carry their schem'
through, we surrender ALL If you follow the rec
rag in the title of the bill for tear the people vii
pass b rohb 1gp military interisrcnce At cleo
tons, the capture sof power would be at yer,
Mr.. EDMuSDs then proceeded to analyze the bill
and said that the preamble was contradictory OF II
body. The preamble declared that the presence o
troops at the polls is contrary to the spirit of our IN
sututions and the traditions of our people, an'
tends to destroy the freedom OF elections; while tn
body Of the bill declared that troops might be pres
cnt at the polls. even on election days, in the man
her aud under the circumstances the Constitution
provides If the preamble be true the body is false
Mr.. EDMuNDs said in reply to Senators who hat
preceded him that the Government does not ente
State. 1t is in every fibre of the muscle Of ever
man, He wished 1t was in the hearts of all men o
the Republic. [Applausel The bill reflected tn
doctrines of those who supported 1t, namely, tina
this Government, nearly century. old, hoary will
Tenown, after SO long indicating its right to exist
should be treated as an eXtraneOus neighbor, AM
sometimes as friend or Toe. l denounce such
doctrine The army Is, in the end, the power of tn
land. Men have denounced the affirmative powe
OF the Constitution to pass laws to regulate the cleo
nDn of members of the House of Representative
and by sophistry they fritter away the traditions
the Constitution and deny the teachings of its fran
ers and say there is no liberty unless it be obtaine
by the supremacy of State Rights.
Was there scheme Oh foot to prevent appeal
from States TO Federal courts thus take away til
rights of citzens9 Where are you going TO stop
l. have seen within the last two or three days ii
this Chamber, another step to deprive portion o
the people OF their rights l have seen the maJori
ure violRtive of the traditions of the Senate tn
spirit the Constitution, and the safety OF the Re
gave to the Senator from Louisiana (Mr. Kellogg
his seat in order that different man may take hi
place. DO you, III Il HhnuNlOIy lnhlincI, IN you
hour of triumph, intend to sweep away eyerythin
which the wisdom of our fathers achieved and tn
yulor of their sons preserved The bill before u
was the first step In that direction.
There Is somewhere in the Constitution unles
we go into anarchy, a power which, in spite O
threats, will stand as Il bulwark against the effort
to break down the Constitution and laws; an
when you recover from your emotions you vii
have the peace Of which the act of 1865 speaks
But you Will have peace at the polls only when yo
recognize BY deeds, as well as by words the polliCa
equality of all citizens and the free right of law
fully voting under the law and for the law. ltwil
not be the peace of the reign of terror and of tn
grave but the peace of Justice and liberty, asseTIe
III the legal form for the expression OF the publ
will; when bygones will be bygones, ana peaC
and harmony everywhere prevail. Applause.
Mr., BLAINE said lwantto make a slIlge reIar
the bill itself, If there is TO be vote upon IT, al
though my remarks may be merely u repetition 9
what has been admirably said by the honOrabl
Senator from Vermont. l desire simply to nut
punctuation point in the progress of things as the
are now going on, and that punctuation point Is /
mark the high tide which the ancient doctIino {
State rights Is reaching in this Chamber and In hi
Congress, This question has engaged the attention
of the American people for just about fifty year
1t has had its ups and its downs its Victories an
its defeats IL was strangled for the time by Jack
son; II was dallied with by Van Buren,; II rosa
full strength under Polk and Pierce and Buchanan
il marshallcd itself for Il deadly struggle undo
Breckenridge, and, II l mistake not, q majority {
Senators who sit on that side OF the Chamber SUI
ported Breckenridge when lie embodied that deat
In Whatever there was in the issue between Gu