National Republican., 1879-03-29

stion contended for on the Republican side Uhat
Congress could not ecOnonize money by control
ling the use Of the army had never been made be.
fore in either House Of Congress. He Gontended
that the power TO make rules and regulations for
the government OF the army and navy was tunda,
mental power Of Congress and he had never heard
that power questioned.
Mr.. HASKELL asked Mr.. McLnne whether he had
read the fourth section Of the Constitution, which
snys that the United states shall guarantee to every
state republican form Of government. md shall
protect 1t against invasion and ION the application
Ol ls Legislature or Govornor) against domestic VI
olence; and whether In spite OF this proposed re:
peal the President could not, on the application of
the Governor of New York, order troops to protect
the peace at the polls in the city Of New York.
MT MCLANB replied that the question was not al
allpcrtinent to the question at issue.
Mr. HASKELL. Under the operation of this law,
do you pretend to say that under no circumstances
shall any armed body Of troops be sent TO any poll?
!, ask YOU whether in spite of this proposed repeal
III the Governor of the state of New York should
on election day ask the President troops should
be be given him, right there at the polls, to put
down violence, the troops would not be sent under
Mr. McLANE. Whenever the Governor Of q state
certihes 10 the President that he cannot suppress
nsuIcction that is existing The President Is bound
by the Constitution to send troops TO suppress 1t.
Mr. HAsKELk And would be In spite ofthis law.
Mr. McLANE. No law of Congress can control
Mr.. MeSIAHox The section speaks of armed
enemies of the United States. ! ask the gentleman
from Kansas when persons become the armed enc
mics Of the United states2
wNIr HASKELL Judging from the remarks on one
side OF this House since the Forty-fourtli Con.
gress, I declare before my Maker that ! do not
know what that side of the House would consider
to be armed enemies OF the United States. lAp-
pausc on the Republican side. y.
+ Mr.. KEIFBR argued against the proposed section.
Mr., CARLISLE thought that the House and the
country would hesitate long time before accept
ing the dGetrmc laid down by te gentsnan, ~ mi IRON
States as Commander-in.Chief of the army can
transport troops wherever he pleases, and use
them for whatever purpose lie pleases with or
without the consent of Congress-
This was the first time he had ever heard such
doctrine announced by a gentleman Of such re-
from Maine. Although the King of Great Britain
could raise armies without the authority of Pnrlin-
yet 9r 'na the 'TS r and Of
England, had controlled the King In the use ofthe
army. In this country the President could not en-
list arm equip, or use single soldier without the
consent of Congress and yet there was now claimed
for him the power far more extensive and fnr more
dangerous to the Liberties of the people than the
monarch OF Great Britain possessed.
He undertook 10 affirm that under the Constitu
ton of the United States the President had no right
to use the army and the d navy or ioo no part OF IT, 10
enforce the State laws, except he was authorized to
| do so by act of Congress. Did gentlemen on the
other side mean TO say that the provision of the
Constitution which made 1t the duty of the United
| States to guarantee TO every State n Republican
| form of government conferred upon the President,
| single officer of the United States, that power?
We're gentlemen prepared to go before the
country on the proposition that the President was
|
| Mr. CoNGER asked Mr. Carlisle to whom the ap.
| plcation to protect state from domestic violence
| came If not to the President.
| Mr.. CARLISLE replied that the application came
| to the President The Constitution made Il the
duty not of the President but of the United States
as II government to protect the States against do
nestle violence on the application of their Cover
| nor or Legislature He repeated the proposition
that under that provision of the Constitution the
President did not possess, without legislation on
the part of Congress- one particle of power to use
| the army and navy for that purpose.
Mr.. BAYNE, Did not this legislation, which it is
now proposed to repeal confer II upon him?
| Mr.. CARLISLE Yes; and the same power that con-
lerrcd the authority on him by legislation can take
| II away from him. Applause on the Democratic
Mr.. WHITE reminded Mr.. Carlisle OF the times
when marines We're sent to an election poll i'll
| Washington City, and when fourteen American
citizens were Shot down, and he remarked that that
| act had been sustained
Mr., CARLISLE replied that he remembered the
occasions but he said that the District of Columbia
was under the exclusive jurisdiction of Congress,
and that the Republican party had complained
loudly and long OF that act
| Mr. WHITE asked him whether his predecessor
Mr. Burnett, had not defended the use of troops to
keep peace at the polls.
Mr.. CARLISLE admitted that he had done so as ia
the District of Columbia, but not as to any state.
Mr. CARLISLE repeated the assertion that all the
| authority which the President possessed to-day tC
use the army and navy IN protecting states ag9lns
ing law was derived, not from the provision of the
Constitution which had been read, but from thu
p
amended in 1907. II was under that act that th(
PresidentprOceeded in every instance that the army
or navy was sent into State for protection agains
domestic violence. That act had been passed by
the men who framed the Constitution, and wh(
knew what the Constitution meant.
II provided that in case ofinsurrectlOn IN a StatC
against the government thereofit shall be Lawful
for the President, on the application of the Lcgs
latlre of such State, or of the Executive when III,
| Legislature cannot be convened, TO call for sucl
number Of militia from any other state or States n
he may deem sufficient, and on like appl cation L
employ for the same purpose such part OF the lane
and naval force OF the United states os nc may deen
foundation on which rested to-day all the author
ity that the President had TO use the army nav!
on the other side whether 1t was not entirely com
, petent for the power which conferred that author
ity TO take II away again. to modify IT, or to alter II
lie denied however, that even under that an
dent could send soldier into state to stan,
around the polls on election day for the purpose o
keeping the peace. lie denied what had been as
serted by the gentleman from Maine (Mr. Frye
that the United States deputy.marShals could nov
4 call ON the army to assist them in keeping tn
Mr.. Frye. Does not the gentleman from Ken
0 tncky know that Mr. Cushing when he was Attor
ney.General of the United States, gave an opinion
that the marshals and deputy -marshals can cal
upon United states soldiers as posse comRdtas II
the enforcement oflaw?
r Mr. CARLISLE. | believe he did.
9 Mr. FRYE The gentleman in commencing hi
: speech stated that it was claimed by me that tn
i President lUu power 10 transport troops WncreNc
: he pleased, for any purpose whatever | did no
. say so, did not claim i, and never claimed II
u What | claimed was simply this; that If thes
words Ito keep the peace at the polls" wcr
. stricken out, that would not be any restriction
l. whatsoever on the power of the commander-in
chief of the army TO transport the army from bar
rack TO bUrrack and from state to State as he say
n A. That is all that claim, and does not the gen
, tlcman admit that?
L Mr.. CARLISLE ! agree to that.
q Mr. FRYE, was simply Illustrating 1t to sho,
that this section does not ON its face reduce eXpend
+, lures.
. Mr.. CARLISLE But If the President desires t
T. transport the army, not only from post To pos
i within the states and Territories, but 10 dlsribut
II among all the polling places, ask the geutlema
4 II the cost OF transportation would not be great
Q increased2
i Mr.. FRYE Not necessarily. lIronical laughte
on the Democratic sidc The President might dc
sire to transport the whole army TO the borders o
IS Texas; that would be much more expensive tina
c placing half dozen soldiers at q poll In the Sout
10 friGhten the whole white population Of that vol
Y ing district.
/ Mr. CARLISLE. While the Constitution provide
h that II shall be the duty of the United States
n guarantee to every State Il republican form q
government and to protect them against domesti
}. violence, 1t also conferred upon Congress, by eS
?. press provision, the power 10 pass all laws th0
/, might be necessary and proper to execute tn
| powers conferred on Congress or on any depar
n ment or officer OF the Government and IN the eS
K eTCse Of that power Congress passed tile acts
n 1895 and 1907 under which this constitutional pre-
vision is 10 be executed by the President.
| Mr.. ROBEsON asked Mr.. Carlisle whether h
l. thought that the proposed section of the b
NJ would repeal the law OF 1875 and 1907 aud rcstrlC
e the power of the President as conferred by thos
laws.