Year: 1879




Mr.. CARLISLE replied that he remembered the occa-
son but he said that the District of Columbia was
under the exclusive jurisdiction of Congress, and
that the republican party had complained loudly and


Mr.. WHITE asked him whether his predecessor. Mr.;
Burnett. of Kentucky had not defended the use OF
the troops TO keep peace ut the polls.


Mr.. CARLISLE admitted that he had done so rs to
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 to
use the army and iu protecting States against
domestic violence or in assisting States in enforcing
law derived. not from the provision of the con-
stituton which had been read, but from the act OF
Il was under that act that the President proceeded in
every instance that the army navy sent into
State for protection against domestic violence. That
constitution and who knew what the constitution
meant It provided that in case of instruction


s"f" for sSs Prssaent aefeH1 on
the application OF the Legislature of such State.
or OF the Executive when the Legislature cannot be
any other State States as he may deem sufficient
and on like application to employ for the same pur-
United States Us he may deem necessary. That was
the foundation and the only foundation Oh which
rested to-day althc authority that the President had
to use the army or navy for such purposes aud he
submitted to his friends the other side whether
1t was not entirely competent for the power which
conferred that authority to take it away again. to
modify IL or to alter il. He denied however that
under that authority ut left without any modi-
1cation) the President could send soldier into u
State to stand around the polls election day for
the purpose of keeping tho peace He denied what
had been asserted by the gentleman from Maine (Alr
Frye that the United States deputy marshals could
now call on the army to assist them IN keeping the
peace Irs
know that Mr.. Gushing. when he was Attorney Cen
eral OF the United States. gave opinion that the
marshals and deputy marshals can call upon United
States soldiers as posse ccmitatus in the enforce
mcnt of the law?


Mr.. CaIsLlsLK--I believe he did.


Mr.. FRYE-The gentleman in commencing his
speech stated that 1t was claimed by me that the
President had power to transport troops wherever
he pleased for any purpose whatever. did not say
so; did not claim it aud never claimed it. What
claimed simply this, that If these words ito
keep the peace the polls stricken out that
would not be any restriction whatever on the power
Of the COmmander-in-Chef of the Army to transport
the army from bsrrack to barrack md from State to
does not the gentleman admit that?


Mr. CARLrsLE-I agree to that.


MIR. FRYE-I was simply illustrating il to show
that this section does not OH its face reduce expen-
ditures.


Mr.. CAnLrsLE-But If the President desires to
transport tho army not only from post to post within
the States and Territories but to distribute 1t among
all the polling places ask the gentleman il the cost


Mr. Fi.YE-Not necessarily. lironical laughter on
the democratic sde.) The President might desire to
transport the whole army to the borders of Texas.
That would be much more expensive than placing
half dozen soldiers at a poll in the South to
frightcn the whole white population of that voting
district.


Mr.. CAaLrsIE-while the constitution provides that
1t shall be the duty Of the United States to guarantee
government
to protect thcm against domestic Violence it also
confcrs upon Congress by express provision the
power to pass all laws that may be necessary and
proper to execute tho powers conferred Congress
or on any department Officer OF the government,
and in the exercise Of that power Congress passed
the acts OF 1875 and 1907 under which this constitu
tonal provision is to be executed by the President


Mr.: RoBEsoN rep:) Of N j.. asked MIR. Carlisle
bill would repeal the law Of les and 1907 and restrict
the power OF tho President conferred by that law


Mr.. CARLIsLE-I do not because do not think





at the polls to keep the peace. think that the
whole effect of it is to authorize the President to
domestic Violence on the application of its Governor
or Legislature, and that it did not authorizes him to
send troops to stand at the ballot boxes and arrest


Mr.. RoBEsoN-f the Executive of State calls
on the President to suppress domestic violence.
and il tho 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?


form, under the act or Congress, admit that it is
the duty OF the President TO send the troops. but
and have dispersed the mob tho insurrectionists
or whatever they may be called, who are acting in
formed their duty and must stop ut that They can
not stay at the polls to protect the peace there.


Mr. RoBEsoK-Nobody is now disputng that ques-
ton, but ask the gentleman whether or not this
proposed section would take away the power of the
President to do that If he were probably called
upon


Mr.. CARLIsIR-It certainly will not.


Mr.. RoBEsoN-lf that be So aud II 1t does not take
away the Presidents power. and II that contingency
shall happen, it possibly may. and II Officers of
the army to obey the lawful orders OF the
President. then what becomes of the officer who is
ordered by the President to suppress riot and to
quiet domestic violence at place where general
election has taken place


: MT. CARIIsLE-Ihe gentleman from New Jersey is
cussing another subject OF course m officer is
bound 10 obey the order of the President when tho
President 10 acting in strict conformity TO the law.
But we are discussing the question whether not
soldiers can be sent into State for the purpose Of
keeping the peace at the polls for the purpose Of
suppressing domestic insurrection or violence The
two propositions altogether different in their
ture They stand upon altogether different founda.
tions The is essential to the preservation not
only OF the but OF the very existence OF the
Union.


dent Of the United States is included In the scope Of
this section. which speaks Of ANY other person
he is. and if he be called upon by the Executive of
State properly, and in proper manner. and il he
responds to that call. would he be liable to punish
ment under the provision Of the section3


Mr.. CAnILsLE-AIy first answer to tho question is
that the President cannot be properly called upon to
do thing which he has no power to do. In other
send troops into State to preserve peace at cec
ton.


that he thought the section did not affect the power
of the Executive.


desire TO say that the words OF the section to which
the gentleman has called my attention taken
from tho act OF February 25 1865. and are an exact
copy, FAR rs they go, of that act. do not know
what construction the administration then I'm power
put upon IL rs to it's effect upon the President
do know what construction the administration OF
which my friend from New Jersey was = distn-
guished member put upon IL. am not prepared to
say exactly what its true construction is but do
that this law cannot be construed or amended
~ to punish any officer citizen for doing that
which no has q right to do. lt


Mr.. REAcAs. tdem.l Of Texas. contended that tho
point Of order could not be sustained nasnuch ~
rules had been adopted for the government OF the
present House. aud therefore. the section under dis
cussion could como in conflict with no rule.


Mr.. LAPLAn. (cp.) of N. T.. argued thst tho section
did not upon its faco rctrench expenditures Elcc-
tion riots, which were the bioodicst riots IN tho
history of tho country generally followed the violence
perpctrated election day upon the ballot boxes.
To deny the Of tho army for the purpose OF Pre-
venting violence upon election day wss to deny the
ounce OF preventive to tho end that in the bloody
night that followed the govcrnmcnt would have 70
furnish the pound OF euro.


Mr.. HooKER, (icm.) OF Miss, thoughtit wss start-
ling proposition which had been brought forward
by gentlemen on the other side. that there was
man in this country superior 70 THO Legislative
branch OF the government and who could do moro