Year: 1879

uO noV dSIee dltoS0tuer Will InOSe
gentlemen who have intimated that the
provisions of the United States Consti
tuition in relation to the Army and
Navy, and to the President of the United
States as Commander-in- Chief of the
Army and Navy, are self-executing.
believe that when the Constitution of the
United States was adopted it created out
of the colonies or the original States a
nation to be governed by law. Itestab-
lishcd the Congress of the United States
as the legislative body, for the purpose
of making laws and carrying into execu-
tion all the powers, principles, and pur-
poses of the Constitution as designed by
its trainers.


And l do not believe that the Presl-
dent of the United States has the right,
under that clause of the Constitution
which declares that the Government of
the United States shall guarantee to
each State republican form of govern
ment, to take the authority into his
hands for the purpose of making and
maintaining peace at the polls. [ do
not believe that under any provision of
the Constitution the President of the
United States can use the police power,
either at the polls or elsewhere, without
the authority of congressional enactment,
except perhaps in the one single instance
where the executive of a State or the
Legislature of State shall call upon
the President for troops with which to
suppress insurrection or repel invasion.
And even then, in the view | take of
the Constitution and of the powers vest
ed in the President of the United States
by its provisions, the Congress of the
United States has power and authority
under the express letter of the Constitu-
tion, to prescribe the manner and the
methods and the means by Which such
requisitions shall be answered and re.
sponded to by the President of the
United States.


My reasons for this view of the Con-
stitution grow out of the provisions of
the instrument itself. The eighth clause
of the first article declares that among
other enumerated powers of Congress "it
shall have power to make rules for the
government and regulation of the land
and naval forces" This is one OF enum-
Grated powers of the Congress of the
United States. The last clause of the
same article declares that Congress
shall have power to make all laws which
shall be necessary and proper for carry
ing into execution the foregoing powers.
and all other powers vested by this Con-
stitption in the Government of the
United States. or in any department or
officer thereof"


l therefore maintain that under the
Constitution the army can be used by
the President of the United States only
as prescribed by law, and under such
laws and regulations as Congress may
make for that purpose, and | want to
call the attention of this House to the
fact that it was under this view that
Congress, when the law now proposed to
be repealed was enacted, in accordance
with these provisions of the Constitution
of the United States, did enact the iden-
tical laws that are now proposed to be
repealed by these amendments, attached
as they are to appropriation bills.


10 my mind the question does not
arise in this debate as to the policy or
impolicy of the law at the time it was
enacted. 1t is unnecessary for us to
stand here debating whether the gentle
men then constituting the Congress of
the United States did right or did wrong.
The question is, and that which we are
to vote upon on our oath and our duty
as Representatives on this floor, whether
there is any necessity or reason for this
law remaining and standing where it is
to-day. To that question, whether it
shall be retained or whether it shall
be wiped out, propose to devote what
time l shall occupy in dicussing the
question on this occasion.


We all know, every gentleman upon
this floor knows, that at the conclusion
of that unfortunate war through which
we have all passed. disturbing element:
appeared in various sections of the coun
try-perhaps confined to no particular
section or locality North or South, with
the exception that under the processe:
Of reconstruction as they were hurriedly
carried on, these disturbing elements
proved themselves strongest where tn,
democratic party was the strongest, anc
especially did these disturbing element
prove themselves strongest whereve
there was large number of colored vot


ers adhering to republican principles an,
where large proportion of the whit
; population were against them. 1 will
> not stop in this connection to say wheth
$ er democrats OF republicans enacted thi
2 law. 1t is immaterial either to states
man or patriot who enacted it, but i


the processes of reconstruction, whe
these disturbing elements appeared an
;, interfered with that free ballot whic
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