Centre Democrat. [volume] (Bellefonte, Pa.) 1848-1989, 1880-09-02

United States, and the orders of the
officers appointed over me, according TO
the rules and articles for the govern.
ment of tho Army OF the United
States"
Now, should the President of the
United States give to the humblest
officer of the Army an order contrary
TO the Rules and Articles OF War or to
the law OF Congress, the subordinate
can peremtorily 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, If Congress can make laws
assigning special duties 10 subordinate
officers, such as judge-advocates, quar-.
| termasters, and barrack masters, what
new doctrine is this that it may not
also assign special duties to the General
of the Armyf The volumes of statutes
are full OF laws of Congress command
ing all classes of officers 10 perform
all kinds of duties. IL is now proposed
TO require OF the General Of the Army
the performance OF special duty,
namely. the duty OF directing the oper.
ations of that part of the Army which
occupies the States lately in rebellion.
II the General should neglect this duty
the President, as communicative chief,
can call him 10 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 be.
cause this Congress, in its work of
restoring TO their places the States
lately in rebellion, authorized the Pres.
ident to assign the officers of the Army
10 the duties prescribed in the. law (;
and the President has made such use Of
that authority as TO obstruct and delay
the restoration of those States.
Without violating the letter of the
law he has been able, in a great meas.
execution Of the Law. His acts and
those OF his advisors are, to-day, the
chief obstacles to the prompt restora.
tion of the rebel States, and Congress
proposes 10 remove those obstacles by
transferring the power TO the hands oi
one who has shown his loyalty TO the
country, and his willingness TO obey the
laws of the Union.
Dir. SrsAKER, will not repeat the
long catalogue OF distractions which he
has thrown in the way by virtue OF the
power conferred upon him in the re.
construction law OF 1867, but | will
allude 10 one example, WHERE nE HAS
FOUND IN A MAJOR. GASERAL or THE Army
A FAcILE INSTRUMENT with which more
effectually 10 obstruct the work. of re-
construction. This case Is all the more
painful because an ofhercise pleritoriols
officer, Vho bears honorable scars, earned in
battle for the Union, has been made a
party to the political madness which
has so long marked the conduct Of the
President. This General was sent into
the district of Louisiana and Texas
with . law Of Congress in his hand, q
Law that commands him TO see that
Justice is administered among the peo-
pie 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 OF
what ought 10 be the relation between
civil and military departments of the
| Government. We sEE MIN ISSUING A
GENERAL oRDER IN WHICH he DECLARES
THAT THE CIVIL sHouLD NOT GIVE WAY
BEFoRE THE MILITARY. We hear him
declaring that he finds nothing in the
laws of Louisiana and Texas to warrant
his interference in the civil administra.
tion OF those States. IL Is not for him
to say which should be frat, the civil or
the military, ia that rebel community.
| Ii is not for him to search the defunct
laws Of Louisiana and Texas for guide
to his conduct. IL is for him 10 obey
the laws which he was sent there TO ex.
ecute. IL is for him to aid in building
up civil governments, rather than pre-
pairing himself TO be the presidential
candidate Of that party which gave him
no sympathy when he was calamity
lighting the battles of the country"
The bill passed the House-yeas,
124, all Republicans nays, -, all
Democrats-James a. Garfield voting
yea. (See House Journal, page 2l9.)
The record is made up: II is Han
cock, the soldier-civilian and the law,
against Garfield, the disgraced.civilian
and the sword above law.
CHOOSE YEl