Newspaper Page Text
IS I't'llMSIIW) UVKHV KllIDAY M0UNINU
t:(TiiKOor.uniAN ntrii.ntno nicaiitiie
couiit house, nt oousiicno, i'. ur
CHARLES B. BROCKWAY,
kditoii and rnorntKTon,
RATES OP ADVERTISING.
Od Infill, (tw.lvo UnM or IK equivalent la
Nonrre It trt) one or two Iniorltons, $1.50 lhr
One lath,,,,,,.., ,
Two Ihcom, ...,..,
Three Inches...,. ...
a uarler column. .
1)1. Jit. 8sf. Cit. lr.
(2 50 tU 11.01)
1M II m
lo.m 12.0) I4.m
J 7,0 J
.15.00 1S.00 3i,C0
,.S0,W 80.0U 40,00
Tormu-Two Dollar: a Yoir payaHo In advaneo,
Kxeentor-s nr Administrator'! Notice. I.Vfifl
Auditor's or Assignee' Notice, $2,7).
Local notices, twenty cents a line.
Curds In llio "Unslness Directory" eotnmu,
12.00 ner vear for the nrsl ltrn line, nml 11.00 fjr
or.ell descriptions executed with neatness nnd
illnjiatch nt reasonnhlo rates.
BLOOMSBUEG, PA., FRIDAY, MARCH 22, 1872.
UOL. DEM. - VOL. XXXVI NO. 5.
cacti Additional lino.
Columbia Oountv Official Diroctory.
Atmlate JuUgcs-lnAH Deiui, Isaac 8. Mos-
'"volftmoMn,,tc.-lttiT)oi.rit II, lliNrit.t-.ii,
JlriitilrrA fllearitrrW U.t,lAMnn H.JAConv.
Diilrlrt Attomcy-iAnv.t lllivso.v, Jit.
A-iirt Aor Ihaao Hewitt.
JYrwmrtr W1M.IAJI I.AMON.
tMni)'ftner urn Hounds, HntAM J.
ItH Iiril V 11.1.1AM SlIAlTFIl.
Lmmultmm' Clerk Wll.MAM Knil-MIAUM,
Amnion V, .1, t'AMl'lir.l.l., lUNlr.l, M:it.
Lvvuni r--CHAiil.ni O, MOIIPIIY.
Jim Oimmltstoners Isaac McIIHME, JoilH Mo
Cbvnlv ti;crlMcnttiif-CliAM.r.9 O, llAHKl.r.Y
J lottn JVor Htfi-iW-Dlrtrtni, H. H.MlM.r.H
UllUAM KiiAsiiH, JtlnoinliiiTP, nnd JoiinhoiI
1 11 1 Mil. OllCUU OUl, UlAIII.lHt ONNtll.bCC'y.
Bloorrisuurg Official Directory.
llUtmtlvrii Jlnnkhtu Co.-JollN A. KunsTon
l'liflili lit, 11, II, Minim, Oi shier.
lint national llimk-L UAH. 11. PAXToN.l'rcs't ,
J, 1'. 'ITstin, Cnsliler.
OituliitiUitvvut MutualSmina Dimlaml TmnAs
tOCIPllun-K. 11. L1TTI.K, l'IC'b't., C. W. MILLED.
JJloormlurn- Jtuihtlna nml &'m-hi7 fSmd Assocta
Item VM. Pi:rocK, Pres't., .1, II, llolilsoN. Her.
JHtjMntljun Mutual haling Will Association
J.J, 1 I.oWl.ll, l'llklllcnt, C. 0. 1.A1IKI.KY, Hcc.'y,
IJAI'I H 1IAOH Jusl rccelvid nnd for snle nt the
I Oii.umiiian Olllci-.
1AVII) I.OWKN1IKRU, MerchnutTnllor.Maln
V hi., I
..above Aincrlcnu House,
iiiM, MOItKIH, Merchant Tnilor comer oft'cii
II Uo nnd Mnlu t., over Miller's store.
DRUGS, CHEMICALS. Ac."
El'. I.UTZ, Uruiutii nnd AKJlhecary. Mnln ,t.
, bold lln I'oii Olllco.
CLOCKS, WA'l'CllKS, AC.
Cli MAVAUV:, Ui'iiivr In flotltk, WntcliCH Hint
.lewtlry, Sluln St., Just below thu Anirrlcnn
I OUIH IIKItNUAUI), Wntchunil Cloclr ranker
lj li on r KonlbcnMt corner Mnln nnd Iron kIb.
n CATIIC'AUT, Will eh nnd Clock Mnker.Mnr
W. ketbtrcet, below Mnln.
KOUTb AND HHOES.
if M.KKOHK, Denlcrln Moots nnd Shoes, latest
Pi, nnd bist sl K emner Mnlu and Maikel
blriitK, In tbeold I'OktOtllee.
A VIII llirrz, IIimiI and Hlioemnker. Mnlu st.
ueiow tinrunnn H siore.wesi oi mriiei.
nllNUY KLK1M, Mniinfnclurer and denier In
UootH HUd Hltoes, Uiocerles, etc., Mnln btreet,
Dll. II. C. HOWKU, surtseou Uuutlkt, Main st
ntiovc tho Court House.
Dlt. SVM, M Ui:ilKll, Humeon nnd I'byslclau.
Olllie over the l'list nlluunl Dunk.
GO. HAKKIjKY, Attorney-nt-l.aw. Ofllee.Sd
, floor In hxchaiiKe-llloi'k,uenrtbe"lxchniig
I 1). McKKLA'Y, M. U.,Hurieoii and l'byslclan
J . north hldu Main at., below Mnrket,
Jl ItUTTKlt, M. H. Hurneou ud l'liyslclnn
Mnrkel stieet.nhovo Mnlu.
1 II. KOH1SON', Attorney -at. Un, Olllcollnrt
if . man's building, Mnlu stieet.
Dlt. 11, I'. KINNliY, Hureeou ueutlst. Teeth
extruded without pnlu: Main St., uearly op
usltu Kplscopnl Church,
T It. KVANH, M. I
Kurireou and 1'hvHlclan.
th side Maiu Btiect. below Market.
Dll. A. j. THIINKH, riij H'rlnnandSnrKeoii.or
llce over Klelm'o lirim mole, residence our
door below Itcv, 1). J. W nller.
r,i ri:Ti:itMAN, Millinery ami Fancy Ooods,
ill, opposlio Episcopal Cliuieh, Mnlu st.
TiilS.H I.IZZIK liAUKI.EY, riilllner, Itninsey
biilldlnt: Main stieet.
MIS M. IlKltltH'KSON, Millinery and rauey
Ooodx. Mnlnst,, below Murket,
M imTjUMA A, A HADE HA UK I KY, Ladle"'
Clonks and Dress l'littcrn.,, southeast corno'
Main and Wesl st.
rplli: MlSSi:s llAlt.MAN Mlillnei'v and Fancy
1 Ooods, Main bt below Amei lean House,
HOTELS AND SALOONS.
.tOIIKH HOTI'.I,, by T. liut. Taylor, east end
.MEHCIIANTS AND GItOCp;iS.
OC. MAlllt, Dry Ooods and Notions, south-
wesi rornrr f lain nnd Iron Ms.
1JOX . WKIIH, lonleetloiipry nnd Ilakery,
I' wholesale nnd retnll, CxeJimiKe Hlock.
('. HOW Kit, Hntsi ml Caps, Hoots nndHhoes,
. Main st., above Court Hous.
I II. MA IPX, Mnnunr.tli drneerj', fine Oro
i). erle, I'liills, Nuts Provision, Ac., Mslu
anil initio Streets.
7lKri.VY, NF.AI.A C(l , dealers In Ilry Ooisls,
l (lioeerles, Flour, Feid.Salt.Flsli, Iron, Nulls,
ele,,N, K. eor. Main nnd Maikel sts.
n It. MII.I.KIt A- KIN, denlert In Dry Ooods,
i Orocerles, (JiHeiiswnie, Flour, halt, Bhois,
N'ntlons, elr., Mnlnst.
m ip(m:llan kous.
(1 M. CIIIUKT.MAN, Saddle, Trunk A Harness
), maker, Hhlve's llloek Mnlu street.
I W. ItOIlHINS.lliiuordenlerseeimddoorlrom
l' noriuwesi eoruei iiim uuu irousis,
11 J.TIlOltNTON. Wall Paper. Window Hhintei
Vj. nnd Uxtnres. Itupert block. Mnlnst.
C1 W. COHKIX, furniture Itooins, three story
I" brick. Main Street, west of Mnrket st.
11 ltOHKN8TOC'K,rhotoiraplior,over Kobblnn
11 i;yer s sioie, wain si.
I H. KI'IIN.dealirln Mint.Tiillow, etc., Cheui'
I'berlln'snliej'.i'enrof Ainericau llotiso.
OAMl'UI, JACOBY', Morula nnd lirowu SUine
vTWorks, Kan tiioomsouiciierwica rou.
WM, ItAltll, dealer in furniture, trunks, cede!
" v lllow ware, near the Forks Hotel,
Tf II. niDI.F.MAN, Agent for Munsou's Conner
U' TUMiinr l.inuui.i; noil.
n FOSTKIt.Olne Mnker, and While and Fancy
TklflTIl llOOKS. and blank NOTFX.wltll or with
IN out exemption, for sale nt the L'olumuia.n
F. UAIXMAN, UerchntTnilor,r3eeondSt,
, unburn' uiiuuiUE.
It. J. K. IlOIllllNH. Hurteou nnd Physiclsu
necoudSl., ueiow iuriu.
II.lii;ilT A KI.INK.dry gontls, groceries, and
Kenersi mercnanuise, aiuiu nirret
f 11. KIHTI.F.It, "Cattawlssa Honse," North
il , Corner Main and Second Streets.
KF.IIXH, Illllard Snlonu, Oysters, and Ice
lnmo in sciisuii iuaium.
11 M, nilOUST, dealer In GencralMercbandlte
JU. Dry Hoods, urocerle Ac.
rillKOIJEHANNA or Hrlek Hotel. H. Kosten
O bunder Proprletor.soutli-eastcornerMalnaud
M. II. A11I10TT, Attorney nt law, Mnln Ht.
V. flMAM Jtt i". U'hiuilurftirhtv flrflt ifnt
-IltlVI A lt A kT . ... . ... . a .i--t 1
H. l:NT. dealer lu Stoves ami Tin ware In
. an us uraueues,
1)1.1 1- It i:NT, Miller, and dealer lu all kinds oi
1 Uikln, Hour, r uu, ic. All kinds of Ur&lu
1 il. WKHKHUlHF.lt, iloot and Shoe Store and
luanufactory, btiop on Malu Btreet op-
I'uai.v Ki.niE.iu mill.
1 W, KDUAH, BiiBquelianua Haulug Mill
I UUU I)U1 IHIIUiUVlUUUK,
U.iW. 11. HI1UKMAKK1I. ileKlera In ,1rv
coods, cruceltrlin mid general tuerchuudio
CI1AS. B. BROCKWAY,
House of Ilriircscntnlhr., Mnrcli 7, 187sl.
Tlio llotiso ImvliiL' unilcr consltlern-
tlon IIousu 11111, No. G5, mi net Tor tlio
renrpiuilziitloii, rcRiilation nml dl-cli
lino of tlio Niitlonnl Gimril of lonnyl
vnnln.nntl to nrovltlo fur tlio enrollment
of thu militia.
Mr. Urockwtiy sala :
3Ir. Clmirmnn. .vinrs nco I learned
that men nanlrcil to lio popular rather
tluin lut tiintthev will morofreitiiunt
ly follow tho dictates of others tluin
thoy wiil tho roitsoiilni; of their own
minds. In repaid to tho hill before ud
ntn afraid that itintiv will favor it he-
enuso it ia demanded by certain mllitu-.
ry (ir;atii.iitioiis rtuner limn Di catiso it
will Biib-iurvo tho interests of thu four
mllUoiiH of neon o in th h Stall'. When
John Uaiutolih returned Irnm it visit to
J'tiLiatitl no was iisueti iih opinion tin io
tho Kovcrintient of that tuition. Ho
ntltl ho had examined tho subject ; it
Was not tho Klntr, nor llio Jiou?o oi
Lords, nor tlio Housn of Conittsona, hut
it was the fifty thousand bayonrts which
were there !
1 hold that stand nt: arm os ttro renin
Ivo in republics, and that thu .system is
contrary to tho traditions of our Gov
rnmunt. l lio policy ot our luiners win
o keep tho number down to llio lowtt
pracliciiblo nuliit. antl it has been the
constant pructicu of our Stato not to
cieato a standiiih' tinny. 1 bclievu thai
laiKO military orpiniziiiott lnciiei
war; it beijets it spirit or conqucsl.
Nations with a tjratid nillitary cstab
iahmciit find that tho.v havo itiiiiieii'-o
power, litnl they aiuconslautly temited
to overthrow tlielr weaker ticightior
hccatibo tliey havo this eleinent of
treiiL'lh. Wero it not for tho military
resources of tho United States to day,
tliero would notbothatcotutiintitchlnt:
lor San Doinitmo. Cuba. Mexico anil
Canada, with whom wo should hci at
pence. Let annexation come, if it U
lo conio at all, liy peacoablo means, anil
not by force and coercion. I-urtlitr
tnan that, a Htandini; army tends to do
moralize our citizens. A man iiccas
omeu to military ruin Is very apt to
forget tho teachitiK-t of civil law; ho
lotguta tho rights of his neighbor, and
becomes u tool in tho hands of weak or
corru jit rulers. It places power in tho
nanus oi tnuso in autiiority, mm mo
Mainline; army uiwajs becomes tho
backbono of tho tyrant. In Mexico
and Spanish America nothing U moro
common than a rebellion. In Homo
places thofo occur every few weeks.
Why? They havo a standing army
thero which can bo used by onu faction
or tho other; and tho one which secures
ine services oi tlio generals inaugurates
a Bucco.-sful rebellion. As proposed by
this bill, they aro sworn lo obey thu
iriien of the comnuuuier-in-ciiiei.
11 is hero nroiiosed to create u stand
ing urmy of twenty thousand men,
whoso establishment is unlimited an
army not to obey tho mandates of tho
law, but tho orders of tho one man who
nniy ho in tho Executivo chair. Not
only tho commands of this ono man,
hut that army mustobey tho commands
ii otners, omcera iroin tlio general
lown to tho bergeant and corporal,
whatever thoso orders may be, and to
this thoy tiro solemnly sworn.
r ranee, previous to tho last war in
Europe, had perhaps tho most magnifi
cent standing army in tlio world. It
was tho constant boast in thu Crimea
and eltowhero that no soldiery stood
higher than tho imperial army oi
France, and yet tho citizen soldiery of
Germany, interior In numbers, gained
not only thu initial battles ot thu into
war, nut marched to tnocontroot mat
empire, and captured imperial Paris
iltuir, and to-day sho is h mere wrick,
notwithstanding her largo standing ar
my of a very few years ago.
Tho distinction, I make, is this : The
regular militia, as deflgtmled in the
Constitution, is necessary in it free gov-
'riimout ; hut minua mi ans ir.o organ
zatiou of tho entire people. This is tho
seiibti of the word In tho Declaration of
Independence and in tho Constitution.
Jji sunimrt oi tins position i win
luolonrticlu II of thu Amendments to
ho LoiHliluttoti, ismuwii Jiami jhwk.
imL'oilS: "A wel recu nleil milllln
being neccs.-ar.v to tho security of a freo
State, tho right oi tno peopiu io utup
and hear arms snail not no lninngiu.
Not ono section orchifS of people, but
tho entiio people.
I havi! been informed that, by a do
clsion of tho courts of Philadelphia,
under t ho nmvlsions of this C IIUV 01
the Constitution a peison has ovin the
rijfht to carry concealtil weapons, eon
ttary to tho goueral opinion on that
Again, sicuon iweiuy-ono oi iiiuuuu
ntitution of Pennsylvania (-ays: "That
he r ifht orthocit zuns to uear arms in
lefi'iiso of Ihcnisulvcs anil the State,
ball not buouest oued." These quota
Ions all point to ono fiict, and suntaiu
ho distinction l would iniuio u'.iween
a militia mid a standing urmy, as pto
nosed bv this Lull.
Tim riL'bt of tho neonlo to bear arms
shall not bo infringed, yot tills bill will
takonway indirectly tho right oi inu
neonlo to bear arms will build up a
class and set it apart from thu rest of
tho community, by giving it especial
and extraordinary privileges mid then
tav. tho balauco m order to Keep inai
Tho constitution oi our aimu says
thut tho freemen of tills Commonwealth
shall bo armed ami ( tuiiiimd for its do-
fens-e. Not that tho privileges shall bo
given to ono special class, but that the
pcopio OI tno uniiro anno man iinvu
this privilege, whenevt-r they see ill to
organize, no niatier wneru uiey inny
Tlio method of taxation proposed in
this hill is also radically deftctlvo. The
basis is population and not property.
Our mining districts would bu heavily
tiixnl because oi their largo arms hear
ing population, while, wealthy districts
In Philadelphia would bo comparative
ly exempt. Tho poor counties in tho
State must ho ttixeti to support organi
zations in other localities lu which they
hovn nn interest mid rom wmcn tuey
can derlvo no benefit. Even minors
tim.n between thu wees ol eighteen am
twenty-one aro included m tho basis
altliouuh no direct taxes could bo col
ini.ioi fmiii them. Tho fewer ublo
imiiieil men there aro in a locality, and
tho greater its wtultli, tho less becomes
lis burden. ,
r i.lsn ilislikn tho namo. It isa I'cun
Bvlvanla institution, if anything, and
yet tho bantling is christened "Tho Ntv
lional Guard ot tho Stato of Pcnusylvu
nht." It Bhould bo called tho Stato.
Guard. Why call it a "National
Quart! V" I see that tho word "Nation
nl" runs oil through tho bill ami that
tho mode of discipline nnd tactics shall
bo like tlmtof tho Federal troons. It
looks as if wo wero creating u Niitlonnl
force, to ho placed under tho control of
our military rresiuum, uuu giving mm
Mm nnwer to call it into action any mo
ment. You might ns well striko out
tho word Pennsylvania altogether.
Thembir, theuo men nro to bo sworn
In for uu unlimited time. Tho origin.
al bill mndo thu eniistuicni nvo years.
That clauso is stricken out. In effect
din men urn mustered Into tllO United
States servlco for life, and to all intents
and purposes tney uro regular truojis
to bo called upon wheuover tho Prcsl
dent needs them.
Attain, ono of tho most nblectlnmibln
features of tho bill Is that nlrendv
nlludcd to by tho gontlonian from
Delttwnro Mr. Coopf.uJ. Thcro Is no
exemption from tho taxation nronosrd
to thoso who served during tho warjanil
men who moy hnvo fought lrom tho
battloof tho first Hull Hun until tho
Inst gun was llred on tho Appomattox,
must pay this tax to support these men
In tlielr holiday nugeatitry. who yet
Il tiino of soro need, would not bn Dirt
first to ru-.li to tho defenso of tho nation.
Mr. 1JALLANTINE. The gentleman
spnko of tho German soldier In tho wnr
with Franco. Is not every citizen of
Germany liable to military service'.'
Mr. IIUOOKWAY. I am not on that
sttbjtct now. My argument now Is thu
injustice of this net in relation to thoso
who fought in tho armies of thn United
States during tho four years of tho ro
oemon, una compelling them to pay
tax to keen mi n lot of enrnplliiilirhl
eoldlcM in this State.
It norms to mo that if any class of
inun aro entitled to exemption it Is they
won vuiuiiiitniy went into tno nrmy
nlxl performed tlulv nt llio risk nf lift..
wheiOHS tho bulk of tho men comprised
In thcMi organizations never smelleil
gunpowder. In fact, tho hill exempts
irom service tho olllco holders, but
leaves thu tiddlers of tho Into war sub-
ect to future military dtitv. 'I'hnn tho
hill prescribed that men shall pay this
ax jier rrinttt.
Mr. MAG15E. Tlio iuntlotnan s.ivs
he Is going to explain the pro.'Islotis'of
no inn as tuey iminw ini-n other.
.Ml'. I! lit H'K W A Y. I did liots.ivsn.
Mr. MAGEE. Then I will exnhitn
that thero is n provision in rcLMi-d to
lax. Tho tax Is to bu levied at tho rate
f fifty cents upon each m.in llidilo tn
nilitnry duty, and is not par capita.
i ino gentleman reads thu bill can--lllly,
he will find that out.
.Mr. JHIOUKWAY. Thu has a of tho
ax is per eamlit llflv cunts for uvnrv
person enrolled : audi may hero stato
us a very singular fact that although the
Stato has Increased in population, wo
iinvu iiny nioiis.tnu moa loss enroiiPii
nan a ilozt-n years ago. Therefore this
an unjust imsis.
Hf ction threu of tho bill tirovlilfs Hint.
he commissioners of a count v inav add
to or strike irom tho list names return
ed by tho assessor, yet section fivofcives
uu siimi) power to uireo olllcers tip
minted by the division commander for
acn county. Tins creates two revisory
lo.trds. independent of each other.
acting separately, and ns a necessary ro
suit would soon lend to a cjnllict of au
I o intend that the irvrr flvnii hv
section live Is too great to bo exercised
uy any omcers, especially considering
tho manner of tlieirnppointment. Tlio
persons toexerclsu that power should
bo tho civil olllcers men aciiuainted
with tho pcoiilu. It should not lin ex
ercised by perhaps threu striplings who
uisy not navo aiiameu tho ago ol twen
ty-otio years, una who certainly would
not bo fiualitied to pass upon tho en
rollment for tho en tiro county, becausu
this bill say tlieirconclusion is final.
I havo already alluded to tho fact
that thero has been nn utuiiual distri
bution ol tho military of thu State, and
that the National Guard will bo con
centrated mainly In n fuw districts.
For example, by reference to a commu
lication from thu Adlutant (ionentl. I
find thero is no organization in Ducks,
Mon roe, Pike, Wayne, Cameron, Pot
ter. Eik, Forest, Milllin. Fulton. Fav-
ette, Groeno and Sullivan ; and that in
many other counties thero Is but a
singlo company. Yet Dauphin county
has twelve, and Luzcrnu thirty, while
Philadelphia lias thirtien regiments.
In thu Fourth division theruaro onlv
five cotnpaniis, in thu Twelfth division
theioaro but two, in thu Thirteenth but
three, nnd tho sumo number in tlio
Nineteenth. Yet in thoso portions of
tho Stato they must pay tlielr pro rata
of the tax to keep up thou organiza
tions, i am sorry unit in this respect
liu committee did not admit tliu law of
NewJerfoy. Tlio militia of Now Jcr
ey is distributed muaiiy tlirourh tlio
State, each county b.-ing entitled to at
least ono company. Thero Is something
fair and equitablu in such n distribu
tion, bccauio it gives tlio men of each
county uu opportunity to go into tho-o
org-nizitioiis if they so desire.
a. luiuier onjectioii which i tnauo is
he size of this standing army. Twenty
thou-and is thu numb r, and thu power
is given to llio Governor, without re
straint, to increaso it indefinitely in case
ot war, insurrection, Invasion, etc.; anil
who is to bu tlio judge of that? Why,
tho Governor hiniseli, I can understand
tho object of this bill when 1 take into
consideration tho Governor's speech nt
tho Printer's hamiuct given in this city
,-mmi timongo; lean understand why
our gory uovernor is wilting to ou
plan d at the head of this organizttion,
with such immeno powers, niter his
declaration that this Stale ci.uld whin
tho whole ot l'Jnguind ; mat in-can teavu
the r.xeeutivo chair io he tilled hy lr.
liutan. tho Sneaker ot thu benato, while
ho goes to vanquish the inhabitants of
w iv, uus army win uo oniy ten
thousand less than the nrmy of tho
United Stutes.whlch now numbers only
thirty thousand men, nnd provious to
miu wnr numbered only iiiieen thou
Gentleman say this is n necessity on
account of the Scranton riots. Just in
proportion as they llvo near Scrunton
do they understand what thoso ilots
were, 1 venturo to say that if tliero had
been a dozen policemen there with any
backbone no riot would over navo been
I confess that my namo flsures In tho
Adlutant General's report rs niiiioriuul
Judge advocate of tho Ninth division, in
which scrauion is locateti, nunougii i
did not figure in that engagement, and
consequently drew no pay.
mil it must navo neen a uiiigniiiceni
siL'ht to havo visited Scrntitou and found
quartered at tlio iiUcieawunnn uoiei u
major generol and stuff, consisting of
nn as-istaut r.ujutnnt general, u divis
ion inspector, surgeon uicniei, division
quartermaster, division cominlsMury,
division paymaster anu two urns-iie
e imp, threu lieutenant colonels und five
nmiors. whoso bill for tho expedition
umniiutfd to three thousand eight hun
dred and sixty-six dollars and sixty-ll vo
cents, wniio that oi ino regitneniii'
stuff was ono thousand four hundred
and twenty-ono dollars and sixty six
cents. They had thero all tho parapher
nalia of nn nrmy. tho largo proportion
of which wns olllcers. Of course that
army was fully olllcercd, and wo find
what it cost when a bill was presented
hero fur thirty-eight thousand dollars
as tho expense. Instead ot raising
armies to suppress riots you had bolter
remove thu cause, hy tho adoption of
fair, Just and equltablo laws, which will
protect the mus.es. Military rulu Is not
congenial to American institutions, and
just dealing is better than bayonet
charges, Cromwell tried it In Ireland
two hundred years ago, nnd to-dav
tliero Is not nn Irishman but who nurses
mi roveiiL'o against Lngland for tho act
This establishment which it is propos
ed shall bo raised is neaily ns lurgo us
that of Now York. Tho uillltin of mat
Stato numbers twenty-two thousand
thrto hundred nnd seven men, ns I find
by reference to tho Adjuinni uoiiurai'8
urmv report for 1871. lu reference) to
encampments hosuyss "During tlio past
year tliero navo been Boverai i-iicuiup.
ments of organizations of thu National
Guard. 1 am impressed with tho belief
mat utuuti vantages eierivtei m tuusuoii
limo una can uo uuvoieu to uiesu en'
campments nro moro than couutcrbnl
nnccd by tho gront expenso to tho Stato
which atlcnds thorn, nnd tho Inconven
lonca occasioned by tho loss of tlmo nnd
consequent injury to business to which
tho olllcers nnd men nro subjected by
reason of their nbsotico from their reg
ular pursuits for suvcrnl consecutive
Tho following communication lu ro
gard to tho military organization of that
Stato may nlso prove of Interest :
State or New Yokk
Adjutant Guni:iiai,'h Officii,
Ai.llAN Y. January 22. 1872.
Silt: I am directed by Ills Excellen
cy, Governor Hoffman, to acknowledge
tho receipt of your communication of
tho l'Jth Instant, making inquiry con
cerning mllltin law of this Stato.
In reply I havo tho honor to In tor in
you thut copies of tho military code of
tho Stnto ol Now York nnd tho report
of the Adjutnnt General for 1871 havo
been forwarded to your nddrcss by ex
press. Tho reportof the Adjutant General
for 1872 has not yet been printed, but
tho condition of tho National Guard in
number of organizations, nggregnto
strength (about twenty four thousand,)
Ac, Is substantially tho some ns shown
In thu report sont you.
Tho Legislature appropriated ($200,
000) two hundred thousand dollars an
nually from tho general fund for tho
support of our National Guard nnd tho
oepunsesof thu military departments.
It has been found necessary for tho past
few years to ask for u small additional
appropriation, but It is hoped Unit in
tho fut uro tho expenditures will bu con
fined to tho itmouut itbovo stated.
Should you rcquiroiiny further Infor
mation It will bu cheerfully furnished.
1 am, sir, very respectfully,
J. 11. Stoni:house,
Col. nnd Asit. Adit. General.
Hon. O. II, Hrockway, llouseof Hop
resontatlvos, llarrishttrg, Pa.
Tho main point U thu information
Unit it costs tho Stato of Now York di
rectly over two hundred thousand tlol-
urs for thu number or men they hnvo
rot, while they do not havo onc.itnp
ments as many days ns wo propose to
I would nlso ask the clerk to read a
communication rrom tlio Adjutant Gen
eral of Now Jersey.
Tho clerk then rt;ad tho following :
bTATEOF NEW JEltSEV.
Orncu of Adjutant Oe.veuai.,
niKNTox. Jan. zn. itiiz.
Hon. C. Ii. ISrockway, House oj Hep-
resmimtvcs, iiurrisoitrq, i a.:
Deah Silt. Yours of 10th. addressed
to Governor P.trker,has boun referred to
mo for reply. I enclose you n copy of
our National Guard law, with supple
ment inereio. i-or many years prior to
1809 wo had three special militia laws
n force, old lnw modeltil from nets of
Congrt, Stato Guard law nnd Itiflo
Corps net. In 18G7, when 1 entered this
olllco, wo had somu throo thousand two
hundred olllcers in commission and
about ono thousand four hundred en
listed men. We wero in about us bad
n sliiipu as could bo. After two years'
application nil militia Jaws, riflo corps
acts, Ac, woio wiped out, nnd on the
united upprovui oi nil tno military men
of much rank in tho Stnte, tho preseut
aw was iramcti anu wo commenced
anew. An Inspection of overy company
n the Stato was mado whoso headquur-
tors wero on n railroad (and therefore
could bo of some use,) und thoso who
could not pass as good, live companies
weru disbanded. That loft us nbout
thirty companies'. Tho law then re
stricted us to sixty companies of infan
try ; ono company to bo reserved for
-acn county, i-or uireo yeara the lorco
ins been full fifty-two companies, and
Iglit vacancies reserved lor eight coun
ties. A rigid inspection of every com
lany is held twico a year, and if it is
not p.i-setl it Is promptly disbatuhd
About four companies meet this fatu
overy year nnd n dozen nro always
ready to tako their places. Section li'J
gives each company llvo hundred dol
lars per annum, pai-1 lrom tno biato
Treasury, nnd tho comptroller always
sends lu nn estimate of tho expense ol
tno lMiuonai uuard lor tho coming
yu.tr as thirty thousand dollars. Wo
havo no direct tax, for it is difficult nnd
expensivo to collect out of thocities and
In our Quaker counties. Tho features
of our law and our force uro compact
ness, few officers, at least forty uctlvo
men to each company, companies, reg-
lnients aim brigades easy ol centralizi
tlon. Personally, I consider our lnw
s good, if not better than any yet
Iramul, und am (ultusuro it is efficient
and inexpensive. Let tun instance two
events to prove efficiency, promptness,
and good organization. On thu 12th of
July, Governor Kandolph, in Jersey
City, telegraphed to Nuwurk for thu
Second . Regiment. Tho distance Is
about ten miles by railroad. Tho alarm
bell in Newark struck two for tho num
ber of tlio regiment ; they gathered at
thu armory; dnubio-quickcti to the de
pot, llvo squares; took possession of a
train und reported In Jersey City In
forty-thrco minutes. At tho inaugura
tion of Governor Parker, on the lGth
Inst., the military force, although cum
ing from Camden and Jersey City, und
different parts of tho State, marched ou
tlmo; tusunnaeu lor ono hour anu u
half; formed again, threu minutes late,
und passed thereviowlng btandon time.
wo worK iorpromptnessauu emcieticy.
I have very huino.Ily thrown toge li-
or these few facts to show you how our
force Is worked. I will ho happy to
still ittrtnur explain wnen cancel upon
William S. Stuykeu,
Ad.lt. Gen'l of N.J.
Tlio average cost per soldier in the
United stales ts unout ono thousand uoi
lurs per annum. Taking that us n basis
and they meal only eight days in a
year Include also tho costs of courts
martial aim other expenses nuinonzuu
by this bill, nnd It will mako a sum
greater than that which has beeu ex
putided in tho Stuto of Now York. Tho
courts martial provided for hero nro ex
ceeellngly expensivo, nnd in relntion to
that provision,! would ask thopnrticu
lar attention of tlio gentlemen of thu
Section forty-sixth provides that "tho
number of men constituting courts mar
tial shall bo us provided for in tho nrmy
of tho United Statos, and at least two
members of tlio court. If practicable.
shall hoof equal rank with tho officer
irled. uincurs neiaiioii io servo on
courts martial anil courts of inquiry
bhiul receive tlio sanio pay ns pro
vided by regulations for like service in
tho United Stales army." That Is at tho
rato, say of ii captain of artillery, ono
hundred nnd eighteen dollars per mouth
tlmtof a brigadier goncral about threo
hundred dollars u mouth and so ou
through nil tho gradations tho olllcers
gottlug tho sumo nay as is provided lor
officers of tho United Stntos army. On
tliu contrary, in Now York tho.v estub
llsh n regular per diem, which stives
less than ono half thu expenso proposed
by una section.
Hut here is u singular provision that
"witnesses shall receive tho same pay
per day and for traveling foes us before
courts oi common iuw jurisdiction, ou
thu certificate of tho Judgo udvocatu of
such bervlco, transmitted through thu
intermediate neaiiquariers to inu auju
Now. 1 suppose, thero nro twenty
different rntes of per diem for witnesses
iu this Coinuionwenlth. Tho different
couuttes havodifferont rates, und which
ono will you tauo? Will you tako the
one lu Luzoruoor Columbia county?
Section forty-four provides lu regard
to puy also, that when theso men nro
upon duty lion-commissioned officers
shall rcceivo ono dollar nnd twonty-flvo
cents, nnu musicians and privates ono
dollar per day, nnd all commissioner
officers thosnmo pay nsis recognized in
tho United States army.
Again, section eighty provides Hint
all necessnry expenses Incurred bv
commanding officers to enrry out the
provisions or this act stmii bo paid by
tho Stnte. In thosnmo manner in which
other military accounts nrotmld." Now,
who is to bo tho Judgo whether these
expenses aro necessary ? Theso major
gen crnls can go around contracting any
expenses they may deem ncccssnry.und
tno uinto tins to loot tno dim. xnero is
no restraint, und theso major generals
can mnko n yenr'ajob of It. Is It not a
uno position? J. nm not surprised Hint
tlio situation of Major General In tho
mllltin Is much moro eagerly sought for
than tho position of prlvato was during
I' bciluvo that tho three hundred thou-
Fatid dollars which undoubtedly will bo
required had butler bo udded to our
common school fund, or appropriated
to tho soldiers' orphans of tho into wnr.
Tho moro you educnto tho peoplo tho
less necessity you will havo for wnr. It
is uetter lor tho peoplo or this common
wealth to put this money Into nn edu
cation Itttid, if you hnvo It to spare,
than to givo it lo men who wish to go
out on Fourth of July excursions nnd
Again, thero nro sovernl instances in
tills bill ns to tho power of tho civil au
thorities nnd that of tlio military. Theso
hnvo been jumbled together, nnd it is
impDsslblu to tell wheru thu courts enn
tako hold nnd act, nnd whero tho mili
tary can. Thero is a direct conflict In
several provisions in that particular. I
win can attention to section thirty, anil
I venturo to say no gentleman can mako
senso of tho last clauso. If any of tlio
committee can tell what It means, I
would be much obliged to htm:
"When tho division commander cer
tifies that he has, cither buforo or after
receiving his commission, removed his
resldenso out of tho bounds of his com
mand to sogrcnt n distance that, in tlio
opinion of bis commanding officer, It is
inconvenient to exercise his command,
whon such commander certifies that ho
has been absent from his command
moro than threu months without leave,
upon nddrcss of both houses of tho Leg
islature, to thu Governor, upon sentence
of court martial, alter trial nccording to
'That is the closing part of tho tection
and If utiy gentleman can extract a sin
gle Idea of whnt n court martial, or nn
address to both houses of tho Leglsln
turo bus to do with a division comman
der getting nulshlo tho hounds of his
division, I would liko to have him ex
bectton ou renus as ioiiows :
"Tho president of overy court mar
tial, or court of inquiry, and nlso the
judgo ndvocato, shall havo power to
administer tho usual oath to witnesses,
and tho president shall hnvo the same
power to preserve order, lo compel tho
attendance of witnesses by attachment
nnd to havo tho testimony of such wit
nesses ns cannot bo reasonably produc
ed at tlio trial taken hy commission, as
in courts of common law Jurisdiction ;
and all sheriffs, jailors aud constables
aro hereby required to executo any pre
cept issued by such prcsiuent or court
luf that purpose."
They put all tho constables, jailors
and sheriffs nt tho disposal of u mnjorl
ty of thoso composing tho court martial.
They may bo nil minors, or persons en
tirely Ignorant of lnw, yet overy consta
bio and every sheriff is subject to their
order nnd nnyjuller must tnke the body
of utiy man they want to send to a dun
geon. Tliero is no appeal irom tno
decision except to tho military superior.
They call upon tho power of thn civil
taw toeniorcutno mandates oi tne court
martial, an unlawful tribunal that
should havo no existencu in times of
peace, nnd especially in tho proud old
Couimonwoillhof Pennsylvania. Theso
men hnvo this power without control.
Tho trial is held in secret, aud it is nn
oath bound body, whero wltuessesnro
summoned only by tho permission of
onu sldo. Counsel cannot cross-examino
without tho consent of the Judge tulvo
cite.und tlio court Is ono that isuppoint
ed by tho prosecutor. I was nearly four
years In tho urmy, nnd I know tho
power they havo. As Senator Hale,
of Nuw Hampshire, onco said, "it is u
court organized to convict n court ap
pointed by tlio rami who mnkes tno
charges, and ho generally appoints only
such as believe in tneguilt of the party
against whom tlir charges uro tuuuo.
Tho CHAIRMAN. Will tho gentle
man from Columbia glvoway? Thero
is eonslder bio husiues3 to bo transacted
before tho IIousu adjourns.
Mr. BROCKWAY. I will, if it is
tho understanding that I will havo the
floor w hen tho House again meets.
Tho CHAIRMAN. It Is tho under
standing that tho comuiitteo will rcsumo
the consideration of tho bill at threo
o'clock, und tho gentleman from Colum
bia win then navo ttiotioor.
Tho Comuiitteo then rose, nnd thr
SPEAKER resumed tho chnir.
Tlio Houso met nt three o'clock p. m.,
pursuant to adlouinment, Speaker El
liott in the chair.
Mr. HROCKWAY. At tho hour of
adjournment I was attempting to show
the inconsistency of incorporating into
tins quinary uni certain provisions m
ngard to tliu civil powers of this Com
mon wealth; anu iretur to secunn sixty
llvo of Unit act, which provided that
"warruuts for thu collection of fines,
penalties nnd costs imposed bv nuv
court martini or court of Irquiry. shall
oo execuieu as writs of jierijacius ; iuiei
if lands nro levied on. return of thu pro
cecdings thereon shall be mado to the
protnouoinry of the county, who shnll
make full entries thero.it, and enter
judgment thereon; any Judgment bo
entered Hiinn oo goon ami valid, and
shnll dato its lien from tlio date of entry
thereof, and shall bo collected under thu
direction of tho district attorney ol tho
county, uy tno sumo process anu rules
oi inw ns iiebts oi record aro now col
lected, und when collected, shall bo paid
ny tno district aitorm-y into tno mill
tary fund of tho State."
This is simply cumulutlvooviilenco to
show bow tho fr.uners of this bill are
attempting to use thu courts of tho Com
mouweallh to carry out what I conceive
to bo lines and penalties imposed by an
illegal tribunul. Theso fines Imposed
by tho courts martial have tho effect of
judgments on which execution can bu
iaiuod, aud yet tho prlsonor has no
chance lorappcni lorawritor certiorari,
nnd cannot claim either stav or exemn-
tlon; nnd the district nttorney tho
prosccutiug officer of tho Common
wealth, nud elected by tho peoplo for
other purposes is chnrged with the ex
ecution of this section. In short, greater
powers uro given to mis secret inquisi
tion, Intended for a tlmo of war, than
aro conferred upon ourcourts of lusllcu.
This monstrous provision nlono shows
how ignorant its authors nro of our
Tho next plnco In which this samo
subject occurs is section oighty.llvo.
ti:o section reaus ns ioiiows:
"Any person buloimiui! to tho Xa,
tionnl Guard, when on military duty,
together with his conveyance und tho
military property of tho State, shnll be
uiiowcd iu pass irt-o tiirougn nil loll
gates nun over uu ton uriugoa and for
Thero is nopnworin tills bodv to in
terfcro with vested rights. Whon men
havo iuvoitcd raonov in turnpikes.
bridges or ferrlosl deny our right to givo
freo transit over them without their
consent. During an oncampment a
man might bocompelled to ferry largo
bodies uf men for n week without com
pcusntion from any source.
In tho sixth section tliero occurs a pro
vision which la absurd on Its fnco. It
reads as follows :
"Any ono claiming exemption from
enrollment may mako mid sign an affi
davit giving his reason therefor, and
givo It to tho nssessor lo ho filed, nnd If
inise, no may ho convicted oi perjury."
Now, Mr. Chairman, this is a very
important section. It strikes nt between
threo hundred thousand nnd thrcohun
dred nnd fifty thousand citizens of this
Commonwealth, nny ono of whom, If he
claims exemption on any ground, nnd
If that reason happens to bo wrong, he
can, by tho provisions of this net, ho
convicted of perjury and sent to tho
penitentiary. Poriurv. In the ordinary
acceptation of tho term, must bo proven
oy several witnesses, nnu n mnn must
hnvo sworn falsely In njudlclal proceed
ing and in a matter material to tho sub
ject investigated, Hero you mako it
perjury ir a mnn happens to mnkon
mlsthke. If ho errs in giving his rea
sons for exemption however innocent
ly ho is liublu to tho pains nnd penal
ties of pctjury under that section.
AL'ain. I sco bv rofurenco to tho very
nblo report of tho Adjutant General of
this Stnte which certainly contains a
great deal of valunblo information tho
question of enrollment rotnes up, nnd I
desiro to illustrate) brielly how grossly
dufectlvo tho enrollment Is, and how
innosslblult Is to carry out its nrovls-
ins on thut subject In this bill.
In Bradford county, whlclihas n
population of fifty-one thousand eight
hundred nnd eighty-four, tho total
number enrolled Is only four thousnnd
threo 1 iu n dred nnd eighty-three, nnd tho
claims out of thut number for oxemp
tlon, ono thousand threo hundred and
sixteen. About ono-fourtli the number
enrolled in Hint county clnlm to ho
exempt from military duty. In Craw
ford county, with n population of sixty
threo thousand seven hundred nnd
eighty-six, tlio total number enrolled Is
only six thousand threo hundred nnd
eighteen, nnd tho number exempt is two
thousand four hundred and one about
ono-thlrd tho number enrolled. In In
diana county, with a population of
thirtv-slx thousand ono hundred nud
sixty otie, tho totul number enrolled Is
rour thousand u vo huudrednnd soventy
two, nnd tho number exempt Is two
thousand two hundred und slxty-toven
ono half tho number enrolled.
i et tho most singular thing about it is
thut while Indiana county has a popula
tion of thirty six thousand. Bradford
comity, with a population of twenty
thousand more, bus fewer persons sub
ject to military duty than Indiana
Mr. 1JUCK. Will the gentleman al
low mo to explain?
Mr. 15 HOCK WAY. Certainly.
Mr. BUCK. Tho most of thu pcopIo
of Bradford county went to tho war and
are, therefore, exempt from millt-try
Mr. BROCKWAY. Inasmuch as
there nro no exemptions for soldivrs iu
thu bill beforo us, I do not lliinic that
reason will answer us an explanation.
There is no exemption, except from tax
ation under the old law.
Mr. BUCK. Tho record the gentle
man refers to simply shows tho number
who uro bound to pay the military tax
under tho old law.
Mr. BROCKWAY'. No. It simply
shows tho enrollment of those tubject to
military duty, nnd out of tho number
one-fourth of Ihosoenrollod In Bradford
county aro put dowu ns exempt.
Mr. uuuk. exempt lrom the pay
ment or military taxes, but not exempt
from military dut v.
Mr. BROCKWAY. That is precisely
tho point hero.
Tho CHAIRMAN. Does the gentle
man from Columbia understand thogen
tletnau from Bradford?
Mr. BROCKWAY. I understand the
lucbtlon, but ovidently hu does not.
it Isulleged that trained soldiers aro
necessary even in a time of peace. Mr.
Chairman, in uo battle during tho late
war did tho regular nrmy provosuperlor
to our volunteer forces, und lu tho
Frnnco-Germun war the citizen soldiers
of Germany were moro than a match for
tno hirelings ol i;rauce. Tho I'ennsyi
vunin Reservo Corps wero ns steady nnd
as efficient as tho regulars iu tho tame
corps. Humphri'.v'a Division of nine
months' men, at Fredericksburg, mado
us gallant a fight us wns ever recorded
in history, nnd no nayouet chargo of
veterans excelled that of tho Corcoran
Legion raw men at Sputtsylvnnia.
Standing urmies nro not necessary iu ii
ireo country. Tho Atlnntie nml Pacific
oceans defend us east nnd west, und our
neighbors norm nnu soutn uro too weak
to attack. Unless our Government bo
comes despotic or corrupt thero is uo
danger of Internal discord for genera
tious to come.
In the next place, Mr. Chairman.
what I conceive to be ono of the most
mportant points in this bill, ono to
which I would call tliu attention of
overy uicmhcr ol this House, is that
in relation to tho powers given courts
martial tno most terrioio Inquisitorial
powers ever granted by any act of this
Legislature 1 refer, iu the first instance.
to section forty-one, which provides
thut "l-A'ery commander ou duty shall
require und enforco ohedieuco to all
orders, nud put under guard uny person
diaohoying or violating mem uuu may
preier charges mereior."
Tho point to which I especially refer
is inai ino commaiiner oi ineso men
can, whlloonduty, put any person uti
ler nrrtst. jnoi otny mo men under
his control, hut ho enn arrest you. tno
or uny oilier citizen, lie can order tno
person under guaru without any charges
or provious information, nnu the jailer
Is bound to keep him in confinement
until the time expires. It puts tho
power in the hands of theso men to
mako uny arrests they please, without
uuy charges, without warrant, without
oath, nnd in direct opposition to tho
constitution oi tins male nnu or tno
United States. Section forty-three, fol
lowing that out, says :
"The commanders of divisions shall
discharge tho duties, possess tho powers
aim oo Itabio to the penalties pertaining
to incir oinco as granted uy law or mill
What is "military custom." Mr,
Chairman? Tito urmy regulations
which I hold in my hand prescribe
them. Men who have been in the army
remember how It was exercised : how
mon wero bucked mid gagged, tied up
by thu thumbs, strapped to tho spare
wueeis oi caissons uuu uraggcu through
tho cities nnd towns iu Unit manner,
without oven tho lormuilty of a court
martial. By this bill you givo them
mis power in uitio oi peace, uuu under
tako to mako this tho law of Pennsylva
Mr. MAGEE. I would Ilkntonslr
tho gentleman from Columbia whether
ho finds thuso modos of punishment
siieciucii in tno articles or war?
Mr. BROCKWAY. Tho customs of
war permit that. I havo known, on tho
marcn, men who wero iounu struggling,
pillaging or dosertlng to bo shot down
on thu spot. And such nn order was is
sued by aenerul Meado on tho mnieh
from tho Rtppahnnnock down to tho
James, mm suoorutimto olllcers wero au
thorized to exercise their ellscretlon In
Mr, MAGEE. A very wholesomo
Mr. BROCKWAY. I will not dls
cuss tho jiroprloty of it iu n timoof war.
hut in tlmo of poaco II is too torrlblo n
power to he given to any man.
Mr. MAGEE. I would liko to nsk
tho gentleman tho dlfferonco betwoon n
enso of emergency within tho confines
of our Commonwealth nnd a national
conillct, or nnythlne or that kind ?
Mr. BROCKWAY, If I had thogen
tleman lu tho urmy I could explain it to
him In n very short tlmo. I will say
that when tho nation Is struggling for
its lifo, unlimited power Is given to tho
military. Wo do not stop to enter into
tlio minutiao of oxamlnution. But in
tlmo of peace, whenourcourlsnroopen,
to overturn our lawa and gavo our per
sons and property into tho control of
mllitnry gentlemnn, is ono of tho most
monstrous propositions I havo over
heard. Mllitnry custom Is introduced
hero not only in deflanco of common
law, but contrary to tho te-nchlngaof
every patriot, who had moro nt heart
his country's gool than his own nd
vnucemont. It would bo an encroach
ment upon tho liberties for which
Washington, Bolivar, Kosciusko nud
Kossuth fought, and lor which Etumott
suffered. Nearly soven hundred years
ngo tho mnll-cfad barons of England
assembled on tho banks of tho Runny
inede, und extorted Magna Chnrta from
King John. It was n grand protest in
favor of civil lihorty, nnd through fear
of its violation tho pooplo forced their
King to givo them tho tower aud city
or London as security, had it read twico
a year in their cathedrals with roll
glous ceremonies, and tho ecclesiasti
cal powers fulminated excommunica
tions ngalnstnllsuch 03 dared todlsobey
It. But tho grandest sontenco of nil
ono which ho engruvod on tho tablots of
stono and In tho heart of overy freo
man wns in section forty-six, which
declared, "A'tW vciidemus, nulll ncga
Minus aid differemus, rectum vel justl
tium." Wo will sell to uo man, wo will
not deny or delay to any man right nnd
Mr. ELY. I would liko to know
whether tho gentleman can uso nny
languago hero I cannot understand.
Mr. BROCKWAY. Tho gontlomnn,
in that caso would deprivo mo of tho
uso of tho English.
Tho next section to which I refer is
No. 7G :
'Whenever a draft shall bo ordered
from tho militia for public service, the
commander-in chief shall prescribo tho
time, mode and manner of making such
That is, tho Governor not only pro
scribes tho time, but tho manner, tnodo
and place. It puts absolute power In his
hands a power which should not bo
concentrated In nny ono man. If wo
should bo so unfortunate aa to have an
Executivo in tho chair who wishes to
pcrpetuato his power, ho hns tho privi
lege of culling to his nld not only thoso
twenty thousand men, but a hundred
thousand mure, and to havo them under
his control for such tlmo nnd in such
manner us ho chooses, without any
restraint or check.
Again, I object to section thirteen of
this bill, because It creates a system
of political favoritism. Not a major
general has been appointed in this mi
litia who is not of tho samo political
stamp ns tho Executive. I caro not what'
tho district may bo politically, every
major general that has been appointed
is a political favorlto of tho Governor
and of hla own party. But if it ended
tlicre.lt would not bo ouito so oblec-
Unliable. Thero is no provision that
when tho Executivo vacates his chair
the-y shall also vncnto their offices. Ho
may put In thoso places men against tho
wishes of the people, and thero is no
way to rotnovo them. -Liko Wurmoth.
and Browlow with the military nt his
back ho can maintain his position in
defiance of tho will of tho entire peoplo.
wo uo not wish to nave sucn power in
any law to bo enacted here. Tho ten
dency of tho times is to put too much
'military" In government. Wo havn n.
military President and Cabinet. Gen
erals ns Scnntors nnd Congressmen, ns
uovernora oi otuies, nnu ministers
nbroad. ltis too mueh of agood thing.
Now, iu refereneo to taxation. Tho
gentleman from York Mr. Maoee at
tempted to correct mo in my former
statement, as ii i nan said this waa a
per capita lax. I said that tho basis ol
tuxution was per capita, that tho county
that contained tho most persons liable
to duty from eighteen to forty-flvo years
of ngo would havo to pnv tho most tnxes.
although It might hu tho poorest in tho
uommonweaith, Tho distinction 1
make is that tho taxation should bo In
proportion to tho property to be nro-
tcc.ted to tlio wealth of tho district and
not according to the number to born-
rolled between tho ages of eighteen nnd
forty-flvo. But tho.v sav this tax comes
out of tho community in which you
nvo. ii comes out oi tno stato Treasury.
Do not lay the flattering unction to vour
souls that this immenso sum comes out
of tho particular communities whero
tno companies aro organized, for if you
turn to section oighty-nlno you will
lirul this Idea disclosed:
Section 89. The Stato military board
Bhall admit and adjust nil military
claims payablo out o tlio Stato military
fund, and after adjustment of any claim
submitted to It. tho Adlutant General
shall issuo his warrant lor tho amount
thereon payable at tho Stato Treasury,
x espccimiy unuuu to section nitio
Section 92. Until money enn bo
raised by due cour.so of law, under tho
provisions of this net. all military
claims required to bo paid by this act
shall bo paid out of uny moneys in tho
treasury not otnerwiso appropriated, to
oo cnargcu to me military iunu ol that
mat is, h sufficient funds nro not
raised by taxation, tho Stuto Treasury
must niuiiu up inu ucuciuncy,
Mr. MAGEE. Is tho genllemnn en
deavorlng to controvert rav position in
regard to taxation ? I deny that this is
a per canua tax.
ill. UllUUlvWAY. oo do I.
Mr. MAGEE. I understood tlio tren
tleman to controvert my position of
Mr. BROCKWAY cont nued : Un
der tills bill tho fund comes out of tho
State Treasury until tho amount col-
itcteu lor uus military funU shall pav
it, und if tho amount Is not sufficient
tho deficiency is supplied out of the
Tno only other featuro I now desiro
to criticise Is tho constitution of courts
martinis. Tho Declaration of Indo
pendeuco (a document sometimes refjr
red to, although by many considered
as somowhnt obsoletoi. savs. in snenk-
ing of tho power of tho King of Great
"Ho hns affected to render tho millta
ry independent of, nnd superior to tho
civil power,-' nnu ii is compiaincu iur
ther. "for depriving us. in inanv casus
of tho benefits of trial by Jury." Wo find
in article fifth of tho amcndinenta to
tho Constitution of tho United Stntes a
provision that "no person shall bo held
to answer lor a capital or otnerwiso In
famous crlmo, unless upon a present
incut or Indictment of n grand lurv. ox
cept iu cases arising in tho laud or na
val forces, or in tho militia, when in ac
tual bervlco iu tho tlmo of war or nub
lie danger." That is tlio only tlmo
when theso mon can bo prosecuted, as Is
proposed lu this bill only lu times of
publio danger und when tho necessity
Is rendered gri'at by reason of domestic
insurrection. Thoejonstitutiouof Ponu
sylvanin 1ms substantially thu samo pro
It further provides "that no standing
army shall, in tlmo of peace, bu kept up
without tliu consent of tho Legislature:
nml tho military shall, lu all cases, nml
nt nil times, bo In strict subordination
to tho civil power." Hero then h tho
nuthority that would striko down
overy provision in this bill which pro
vides for trials nnd sentences by courts
martial, whoro no Jury can Interfere
whoro persons can havo no counsel nnd
n man Is to bo tried by n court that la
packed hy tho prosecutor.
Now, Mr Chairman, I havo hero what
Is recognized In tho United States Army
as authority on military law,
I read from jingo 17, Dellart's Mili
tary Law: "Martial law oxtends to all
persons; military law to nil military
porsons. but not to thoso in n civil ca
pacity.'' "How nnd where, under particular
conjunctures of tho tlmo, martial law
may bo declared, nnd by whom, is not
hero considered; but tho proclamation
ofsuchnrulo within the limits of tho
United States, Is a very questionable
proceeding, and thought to bo nn 'ex
crosjenco' not warranted or sanctioned
by uny 'dlstompcr of tho Stato.' Tho
substitution of this power for tho civil
courts, subjects all persons to the arbi
trary will of nn Individual, nnd to im
prisonment for an iudeflnito period, or
trial by a military body. Of such high
importance to tho public Is tho pre
servation of personal liberty, that It has
been thought that unjust attacka oven
upon lifo tr property, nt tho urhltr.try
will or the magistrate, nro less danger
ous to tho Commonwelth than such ns
nro mado upon tho personal llbarty of
tho citizm." '
On page fifteen tho samo author says:
"Tho profession of arms offering but
fuw opportunities for the acquisition or
Hint species or knowledge which, Inn
technical rorm, la mado most avallablo
In courts of law, and tho youth nnd In
experlenco of a great number of Its
members being such as to unfit them
for tho dcclslou of questions depending
ovon upon settled principles of Interpre
tation, when called upon suddenly to
act, much Ic3s thoso which nro Involved
in subtlo arguments and intrlcato cir
cumstances, mako it still moro desira-
bio that tnujurisuiction or body, which
from tlmo to tlmo thoy nro called upon
to oxcrclse.and to whoso authority tlinv
aro at nil times subject, should havo its
limits defined na clearly as posalblo,
both for tlielr guidance aud thelrBafety.
Blnckstoue, whoso Commentaries nro
tho first books placed in tho hands of
tho student at law, in speaking of this
ubject, says: "It is to bo looked upon
only as a temporary excrescenco bred
out of tho distemper of tho State, and
not aa any part or tho permanent nnd
perpetual lawa of tho kingdom. For
martial law. which Is built unon no
settled principles, but Is entirely arbi
trary in its decisions, is, as sir Matthew
Halo observes, in truth nnd reality no
law. but something indulged rather
than allowed as law."
And tho learned writer coca on to sav
that any person condemned by court-
martial io uo executed in times or peace
under such circumstances, that it is
murder by tho courts, and Hint the
men nro nil indictable. If thcro is
nything in tho world that wo should
shun above everything else, it is the
existenco of martial law in time ot
peace; a body or man compelled by
their oaths not to divulge anything that
transpires, nud their ballots to bo given
In secret, commencing with tho ono
junior in rank, tho judge advocato there
an tno time, anu sucn questions to bo put
i tne witnesses as no deems proper
form that bus existed fn m thu tlmo
of King Edwurd to tho present.
rnu peopio oi civilized nations havo
had in forco our present Jury svstcm so
long that it will tako a strong effort to
eradicate It from this land. But yet
this bill would not only tako this away
in uino oi war, out wheuover theso
military men see proper.
Now, in this bill, what is vour law?
n tho first place, section fortv ono ro-
quires overy commauder on duty to
"cniorco obedience to all orders, nud
put under guard any person disobeying
or violating them and may prefer
churges therefor." All offenders, of
course, nro to bo tried by court martial.
uy section sixty ono, "any pereon or
persons whoshull hogullty of disorder
ly, contemptuous or Insolent behavior
lu, or uso any insulting, contemptuous
or indecorous languago or expression
to or beforo nny court martial or court
of Inquiry, or any member of either of
such courts, In open cour, intending lo
interrupt tho pioceedings or to Impair
the respect or nuthority of such courts,
mty bo committed to tho jail of tho
county in which such courtsshall sit, by
wurrmu, uuuer tno mum anu seal oi tno
presiuent or such court, and bucIi com
mitmentnot to exceed five days.''
ii any puny omciai imagines ho is
insulted, this "Star Chamber'' court
has tho power to commit tho alle-red
offender oven to prison, nnd tho shr-riir
or jailor is to receivo him and conflno
mm tliero in his darkest dungeon until
tho tlmo for which ho may bo commit
t3d shall expire, for section sixty-two
says: "Such sheriff, Jailer or other
officer shall rccelvo thu body of any
person who shnll bo brought to him by
virtuo of such wnrrnnt, nud keep him
until tho expiration of tho time men
tioned in tho warrant."
Iu the next placo I will rerer to section
fifty-one. os tho oath which theso nm.
ccra nro required to tako:
"You do swear, or affirm, that von
will faithfully try aud determine, un
cording to evidence, tho matter now
beforo you, between the Common wcnlth
of Pennsylvnnla nnd tho prisoner to bo
trieu; nnu mai you will auly nelnilhls-
lur jusuco uccoruing to mo established
rules of law for thu governmout ol tho
military forces of thisState.so help vou
God." And then tho president of "tho
court shnll ndmlnister to the judgo ud
vocato tho following oath: You do
swear or affirm, that you will faithfully
uisciiurgu mo uuties oi juugo nuvocato
of this court, according to tho establish
ed rules of law for tho government of
tho military forcesof this State, so help
you God, or so you uffilrm."
Ho is not to judgo by tho law ; not to
detcrmino tho question upon establish
ed precedent or decisions or tho courts
of laws of this Stato or of tlio United
States, but according to "military cus
tom" anu uccoruing io uio rules and
regulations of war. That is tho only
authority, aud theso illegal courts aro
bound by no other.
I hnvo salil that theso courts nro un-
constltutionnl ; and nt tho risk of addi
tional sneers for mv frequent alloslnn
to that instrument, I nsk members bo
rbro voting to refer to tho further
extracts from It. "No person shall bo
deprived of lifo, liberty or property
without duo procoss of law."
In till criminal prosecutions, tho
accused shall enjoy tho light to a speedy
nnd public trial, by an impartlaljury
of tho Stuto and district wheieln tho
crlmo shall hnvo been committed,
which district shall havo beeu previous
ly ascertained bylaw, and to bo Inform
ed of tho nature and causo of tho accusa
tion; to bo confronted with tho witness
es against him: to havo compulsory
process for obtaining witnesses in hla
favor, nnd to havo tho assistance of
counsol for his defense."
Substantially, tho samo provision
occurs In our Stato Constitution.
Again, "That no staudlng army in
tlmo of pcaco bo kept up without con
sent of tho Legislature; und tho mili
tary shall, in all cases, nnd nt nil time,
bolt) strict subordination to thu civil
Idoera comment on theso oxtracts
unnecessary. They speak for them
selves, and in n languago wo must
fgntlnBMl en 1'onrlh l'j?.