Year: 1879

| D0Iled down to this +: that When con.


flict comes between Congress and the


President it is not question of power,


it is not question of unusual methods,


it is not question of coercion, but it is


question of arithmetic as to which
shall succeed. When he sees proper to
support and enforce the Constitution, he
is bound to execute it, and would stand
in the attitude of revolutionist if he
dared refuse. On the other hand, when
more than one third of either branch of
| Congress believe the President right in
the exercise of his veto power, and that
the measure ought not to pass over his
veto, then it is the duty and the stern
obligation of every gentleman who takes
an oath as a member of this body to
| yield and to pass the necessary laws to
carry on the Government without tack
ing on appropriation bills measures that
are known to be unacceptable to the
Executive, and which he will be COM
PEELED to veto, or approve contrary to
his judgement and conscience.


It seems to me, Mr.. Chairman, that
this is logical and legal proposition.
There is another question to which /
desire to address myself for moment.
The apology offered is that the Republi,
can party has been in the habit of at
taching legislation of a similar charac-
ter to appropriation bills. Well, now, if
that were true as stated, two wrongs
never make right. But it is untrue


in point of fact, if have not searched
in vain AS | understand it, whenever


the republican party has attached other
legislation than that germane to the
appropriation bills, or that were not a
part and parcel of the appropriations, it
has been at time when there was Ell
! ther no conflict, no difference Of opinion


between Congress and the President, or


time when the republican party had


sufficient majority in both branches of
congress to pass such legislation over


the Presidents veto; and then as


matter of economy. a saving of time,


there would be nothing improper in it.


But here the question is presented very


differently. The two Houses of Con-


gress perhaps differ from the President.


[ am not authorized to speak for him;


know if he is good republican, which


| believe he is, he will veto this bill if


it passes; but j am not authorized to


speak for him. Perhaps here the two


Hnnses of congress anu Une ITesiuCuU


disagree, and for the purpose of COM


pelling the President to sanction meas


ure that his conscience disapproves, that


the Constitution tells him be has right


to veto, they tack it on to an appropria-


tion bill and propose 10 starve or to


smoke out the officers of the Government


itself.


Mr.. Chairman, wish to repeat, and


call the attention of gentlemen to the


fact, that the right of the President to


veto measure is just as clearly defined


in the Constitution as the right of this


House or the other to pass bill; and


whether by subterfuge or any other leg


erdemain to coerce the President, to take


from him that free choice which we as
Representatives of the people claim for


ourselves, is revolution against the Gov


ernment just as much as an armed rebel


lion would be revolution.


But it may be our State rights friends
will say that the government has no
power to keep the peace at the poll of a
state election. do not understand that
to be the proposition. I do not under
stand that this law was ever enforced,
! except in military times, at state elec-
, tion. A congressional election is not a
state election it is an election under


the Constitution and laws of the United
States, and | want to call attention to
the two provisions of the Constitution
, upon which base my opinion. Sections
4 and of United States Constitution
) settles this question. will read


The time, places and manner of hold
ing elections for Senators and Repre-
, sentatives shall be prescribed in each
, State by the Legislature thereof.


If the Constitution had stopped there
. our democratic friends would be right
D but it does not do it. 1t goes on to say,


"but the Congress may at any time by
law make or alter such regulations. >
! This gives Congress plenary power ove1
the subject of the election of Representa-
tives to this House and of Senators.
e Now, sir, ask every lawyer. every
!. logical minded man upon this floor, il
). under this provision the Constitution ant
r under the next section, which declares
i that "each House shall be the judge o
V the election, returns. and qualification
e of its own members i ask every candi(
If man upon this floor, regardless of party
l. if under these provisions cf the Consti
t tuition Congress has right, as part Q
It the "manner'' and machinery of holdini
e. elections, to elect members of its owl
7e body. to prescribe that wherever there
ID a mob, whether it be through the instru
h mentalities of a state or a mob compose