Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1880-08-23

PoWCi ia al sAC Soush, ohu w iShAS'S
Hancock because he recognised the Law
as superior to the sword.
The bill was put upon its passage, and
the Congressional Globs of January 81,
1893, contains the following speech from
James A. Garfield in its favor:
az call attention to the oath that every
officer and enlisted man takes before
entering the army. 1t is in these
words:
"I do solemnly swear that will bear
true allegiance to to the United States, "
land will observe and obey
the orders OF the President OF the
: United States, and the orders OF the Of
fcers appointed over me, according the
rules and articles for the government of
the Asmy OF the United States"
Now, should the President Of the
United States give to the humblest Off.
Ger OF the Army an order contrary to
the Rules and Articles Of War, or to the
law Of Congress, the subordinate can
peremptorily refuse to obey, because
the order has not been given in accord.
ance with the rules and regulations OF
the power which commands both him
and the President.
Now, il Congress- can make laws as
signing special duties to subordinate
officers, such as iudge-ad vocates, quar-
termasters and barrack-masters, what
new doctrine is this that it may not also
assign special duties to the General OF
the Army? The volumes OF statutes
are full of laws Of Congress commanding
all classes OF officers to perform all
kinds OF duties. 1t is now proposed to
require OF the General of the Army the
performance of a special duty, namely,
the duty OF directing the operations Of
that part Of the army which occupies
the States lately in rebellion. II the
General should neglect this duty. the
President, as commander in.chief can
call him to account for such neglect, but
he cannot prevent his obedience to the
law.
SO much for the constitutionality OF
this section. / now come to inquire
why this legislation is needed. 1t is
because this Congress, in its work OF re-
storing to their places the States lately
in rebellion. authorized the President to
assign the officers of the Army to the
duties prescribed in the law; and the
President has made such use Of that au-
thority as to obstruct and delay the res
tora,ion OF those States.
Without violating the letter OF the
law he has been able, in great measure,
to hinder the full and efficient execu
ton OF the law. His acts and those OF
his advisers are, to-day, the chief obsta.
cles 10 the prompt restoration OF the
rebel States, and Congress p opposes to
remove those obstacles by transferring
the power to the hands of one who has
shown his loyalty to the country, and
his willingness to obey the laws OF the
Union.
Mr.. Speaker-I will not repeat the
long catalogue OF distractions
which he has thrown in the way by vir-
tue Of the power conferred upon him in
the reconstruction Law OF 1867, but /
will allude to one example, WHERE HE
II IS FOUND IN A MAJOR GENERAL OF
TIE ARMY FAcILB INSTRUMENT with
which more effectualiy to obstruct the
work OF reconstruction. This case is
all the more painful because an otherwise
msritori0us officer, ,,sho bears honorable scars,
earned in battle for the Union, has been
made party to the political madness
which has SO long marked the character
Of the President. This General was
sent into the district OF Louisiana and
Texas with law OF Congress in his
hand, a law that commands him to see
that Justice is administered among the
people OF that country, and that no pre-
tense OF civil authority shall deter him
from performing his duty, and yet We
find that officer giving lectures in the
form of proclamations and orders on
what ought to be the relation between
civil and military departments OF the
We SEE HIM ISSUING
GENERAL ORDER IN wHICh HE DECLARES
THAT THE CIVIL SHOULD NOT GIVE WAY BE-
FORE THE MILITARY We hear him de-
claring that he finds nothing in the laws
of Louisiana and Texas to warrant his
in the civil administration
of those States. 1t is not for him to say
which should be first, the civil or the
military, in that rebel community. 1t
ia not for him to search the defunct laws
of Louisiana and Texas for guide to his
conduct. 1t is for him to obey the laws
which he was sent there to execu' 0. IL
is for him to aid in building up civil
rather than preparing
himself to be the Presidential candidate
Of that party which gave him no SYM
pathy when he was gallantly lighting
the battles OF the country"
The bill passed the House-yeas, ia,
all Republicans; nays. 45, all Demo-
A. Garfield voting yea.
(See House Journal, page 2l9.)
The record is made up: tits Hancock,
the soldier.civilian and the law, against
Garfield, the disgraced.civilian and the
sword above law. Choose ye!