The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1879-03-29
FoRTY-srxTH CONGRESS.
WASHINGTON, March 2S.
MOUHE.


not the day legally fixed for the election
The resolution was adopted by party vote
Mr.. Young had read an extract from the
report Of the Grand Jury on the election
IN Hamilton Co.. o., to prove that his col
league tBntterworlh) and himself were no,
considered very bad persons.
The House then went into committee oil
the whole on the army appropriation bill.
Mr.. Tucker offered an amendment re,
pealing the law which prohibits any per.
son who has served in the military, naval
or civil service Of the Confederate Suites
from being appointed to q position in the
army OF the United States.
A point Of order was made and with.
drawn by Mr.. Conger and was renewed BY
Mr.. Sparks and sustained by the chair,
The consideration Of tho bill having
been concluded, with the exception OF Sec.
ton ., repeating the statutes allowing the
military to preserve the peace at polls,
that section was read.
Mr.. Conger rose to q point OF order, that
the section changed the existing law and
did not retrench expenditures. It could
not be held seriously that striking out the
words ITO keep the peace at polls" re.
h0uVuSu GApelultuTGS,
Mr.. Sparks admitted that tho section
changed the existing law, but argued that
1t retrenChed expenditures.
Mr.. Frye argued that the section did not
retrench expenditures. 1t did not affect
the transportation Of tho army, because
the President was commander.in.chtef and
could transport troops where he pleased,
and there was no power in the House to
say that he should transport troops here
and not there.
Mr.. Carlisle thought the House and
country would hesitate q long time before
accepting tho doctrine laid down by the
gentleman from Maine (FryO), that the
President Us Commander-in.C Chief Of the
army can transport troops wherever he
pleases, and use them for whatever pur.
pose he pleases, with or without tho con.
sent OF Congress. He undertook 10 affirm
that under the Constitution OF the United
States, the President had no right to use
the army anu navy, or any part OF it to
protect tho States against Democratic vio-
lence, or to enforce the State laws, except
when he was authorized to do so by m
act OF Congress, Did the gentlemen on
the other side mean TO say that the provi.
sion OF the Constitution, which made it
the duty Of the United States 10 guarantee
to every State republican form OF gov.
ernment, conferred upon the President,
single officer OF the United States, that
powers. Were the gentlemen prepared to
go before the country on the proposition
that the President was the United States?
All tho authority which the President
possessed to-day, to use the army and
navy in protecting the States against
Democratic violence, or in assisting the
States in enforcing the law, was derived
not from provision OF the Constitution,
which had been read, but from an act OF
Congress OF the 2Sth Of February, 17O5,
and amended in 1907.
Mr.. Frye The gentleman in eommenc.
ing his speech stated it was claimed by me
that the President had the power to trans.
port the troops wherever he pleased for
any purpose whatever. did not say so
| did not claim It, and never claimed it.
What | claimed was simply this, that il
these words, ITO keep peace at the polls"
were stricken out that would not be any
restriction whatever on the power OF the
CommaRder.in-Chief OF the Army to trans.
port the army from barrack to barrack,
and from State to State as he saw fit. That
Is all claim, and does not the gentleman
admit that?
Mr.. Carlisle-I agree to that.
Mr. RObeson-Tf the executive of the
State calls on the President to suppress
domestic violence and II domestic VIOLENCE
is ut the polls where general election is
taking place, Is not the President bound
under his oath OF Office to comply with
that request?
Mr. Carlisle-1f the application is made
in regular form under the net OF Congress
| admit that it is the duty OF the Presi-
dent to send troops; but say that when
these troops have gone into a State and
have dispersed mob Of insurrectionists,
or whatever they may be called, who are
acting in resistance to the State authori-
ties, they have performed their duty and
must stop at that They can not stand at
the polls and keep peace there.
Mr.. Robeson Nobody is now disputins
that; but ask the gentleman whether or
not this proposed section would take
away the power Of the President to do
that II he were properly called on?
Mr.. Carlisle-It certainly will not.
Mr.. Robeson-1f that DO SO, and IL Il
does not take away the Presidents power,
and II TINT contingency shall happen, as
1t possibly may, and Il the officers OF The
army arc sworn to obey the lawful orders
OF the President, then what becomes OF
an officer who Is ordered by the President
To suppress q riot and to quiet domestic
violence al place where n general elec.
ton has occurred?
Mr.. CarliSle-Thc gentleman from New
Jersey isasking me qucstionon one sub.
ieet aud am discussing another subject,
OF course an officer is bound 10 obey the
order oil the Prcsidontwhore the President
Is acting in strict conformity to tho law,
Butwe arc discussing the question wbeth.
er or not soldiers eau be sent into State
for the purpose OF keeping peace at tho
polls-not for the purpose Of supprcssing
domestic insurrection or violence.
Mr. Rpbeson-Do you understand that
the President OF the United States is in.
cluded In the scope OF this section, which
speaks Of "any other person engaged in
the Civil Service of The United States?' III
he is, aud II he be called npOn by the Ex.
ecuttye OF State, properly and In prop.
or manner, and II he responds to that call,
would he be liable to punishment under
that provision Of the section?
Mr.. Carlilse Tho President cannot pro.
perly becalled on to do thing which he
has no power 10 do. In other words, he
can't properly be called upon to send
troops into State to preserve the peace at
an election.
Mr.. Robeson-I understood tho gentle,
man to say that lie thought tho section did
notatEect that power Of tho Executive.
Mr.. Carllsle-I desire 10 say the words
ot the section to which the gentlemen has
called my attention, arc taken from the
act ot February 26, 1905, and arc an
eSactcopy,So for as they so, Of that act.
| am not prepared To say exactly what
Its true construction Is, but I do saw that
this law cannot be 80 construed or amend.
ell as to punish any officer or citizen for
doing that which he has q right TO do.
Mr., Ssenhens ohtninei the flonr Int