m Mtn It
; Si BV'O000DLANDEIl, 1 Edito" and Proprietors.
' 'i VOL. XXXIV. WHOLE NO. 1302.
FmCIPLES, not MEN.
TERMS 50 Tcr Annnm, if j aid in n.t rc
CLKARHIXI), 1A., WEDNESDAY, MARCH .TO, ir,r,k
Ni:V SKRll-S-VOL. IV.-NO. 37.
IJEASOS
o r
WILLIAM A. WALLACE,
II ON.
OF CLKARIIKID,
Ior HH VOTR ON amendments' TO THE
CONSTITUTION.
1XSEXATK, MARCH, ISCi.
Mr. WALLACE said :
1 vote against thin bill upon principlo,
as doll as tor lorw, and desire to assign
the following reasons for my vote with re
giu d to the first amendment :
This is no ordinary step. It is not one
ot those acts ol legislation mat may oe rc-:
j'eaieu at our uoxi gessiuu, u ii jhuic uu
wise or injurious, but it 13 a change of the
organic law, which, if efl'octol, cannot be
repealed savo by the act of two successive
Legislatures, and a vote of tho people, and
even this cannot be done uutil fivo years
subsequent to its adoption. Such are the
provisions of the Constitution. Beside
this, it is in substance a repeal of the well
considered provisions of the Constitution
of l(ot upon the subject of the riizht of
ulTrage, and essentially a change and a
modification of the invaluable eafe-guards
that the wisdom of ages has thrown round
the elective franchise. The time of its
Imposition, too, is objectionable We are
in tho midst of great public commotion ;
tho minds of men are in a continual whirl
of excitement and agitation ; and the
Lour is unpropitioua for that calm, unruf
fled judgment that should preside over
our deliberations in tho settlonient of
I'm questions of this magnitude.
Whatever may huvo been my sentiments
rnd opinions upon this amendment when
it was before this body at last session, tho
lcsons of the past year have taught mc to
fear the consequences of its adoption, and
driven me to an investigation ol its mer
its. In our own State wo have seen the
military used by its controlling power lo
decide tho contest for power and place,
and unjust discrimination made in favor
of one party against another. The soldier
whoso independenceof action and peculiar
pany vie-s renuerou mm incapauio oil evident that some ot the returns were
control, was permitted to remain on duty, forgeries, and that through them several
whilst l.o who was willing to be subservi-.of the candidates had improperly obtain
nt, or was already possessed of tho essen-; ed certificates of their election, the courts
tial requisite, was sent home to aid in the cannot for that reason summarily inter
section. Of the result we have no right ! fere with and annul those certificates in
to complain, fhe means made use of,
and. the unblushing avowal of thorn, are
to ray mind alike fearful and portentous.
Wo have seen the dearest rights of a
free and patriotic people in tho States of
Maryland, Delaware and Kentucky ruth
lessly invaded by the Executive, the bayo
net of tho soldier used to control tho bal
lot of the freeman, und the will of the
people made to yield lo the power of force,
in each of those States tho ballot-box has
been trampled in tho dust, and the min
ions of power have boon elevated to place
lo do tho bidding of their masters.
So, too, in tho rebellious States, we have
seen tho rebel and the pa'.i'iot united in
the same degroo; and they who have nev
er raisod tho hand of rebellion, or sympa
thized with its acts, must lowly abase
themselves, or bo doprivod of tho right of
sutiiago. Those who have committed no
crime, who havo boon guilty of no act of
rebellion, r.nul subscribe to a slavish oath,
must degrade thoir manhood, and basely
cringe at tho feet of power, or bo disfran
chised. As a condition precedent to the
pardon of a rebel, this mvght well bo done;
but as a pre-requisite to tho right of suf
frage by u " loyal " man, it i. Hie sheerest
tyranny. It may be done in Louisiana or
in Tennessee. If tl'.o asgis of tho Constitu
tion be insufficient to protect the lover of
the Union there, may wo not justly fear
Its power here.
''tie abstract proposition embodied in
Ihis amendment appears to many minds
at first blush a reasonable and a just one.
It requires an inquiry into and some ex
amination of our elective and criminal
system to demonstrate to such minds the
utler impossibility of guarding the ballot
box in the army, outside of the Common
wealth, from foul and loathsome fraud. If,
thoreforo, it bo impossible to protect this
right of suffrage from fraud at a distance
from the Commonwealth, surely its ex
ercise cannot be advocated with propriety.
Tho elective franchise within the State
is cuarnnieed to the qualified elector un-
tier a well considered and most carefully!
guarded system or law. iho pmco orelec-1
tion is fixed by law ; an enrollment of
voters is made by sworu ollicers ; lists of j
voters aro -.lublifhed in advance of the el-
ection; tho right of challenge at tho polls !
is protected j peace ollicers command the a new system of laws and a power never
place of eloction to protect and defend the ! before vested in the courts of the Corn
right ; a highly penal code of statutes, j mon wealth. The sixth amendment to
consisting of no less tbati twenty different tho Constitution of the United States pro
jections, prescribes tho punishment for ! vidos that "in all criminal prosecutions
interference with the ballot, lor fraudu- the accused shall enjoy tho right to a speo
Jently exercising tho right, or for frauds dy ttialbyun impartial jury of the State
committed by tho election officers; oaths and district wherein the crime ihall have been
iof the most binding character are admin- committed."
isteretl to the officers holding the election, I The case of the Commonwealth versus
.and they must all be citizens of the Com- Kunsman, reported in 5 Wright -129, de
monwealth and qualified electors. ck1m nml conclusively settles this very
W. can you designate in advance ft ' point. "By common law, crimes and mis
place for the holding of elections In the demeanors are cognizable and punishable
rmy T Can you there exercise the purl- exclusively within the jurisdiction where
ying rights of challonJeT Can you de- thev nm mmin.i
vise a system of guards and checks by
Xvhich you can prevent frauds? You may
.1 . .-..-I . ! ...I
answer vuai trauus nave uemi iierieiitticu
within the State. True, thev have : cross
nd clarinc outrages upon ihe purity of
the ballot-box have beon committed with -
in Ihe Commonwealth, They who com-
mil thero are amenable to your lows, and
ean b. nnd hare been, cunithed for their
offences. The fact, of their commission
here, in defiance of all the penalties sur-,
bounding them, provos that they can bo
knd will be comraitlod in the army. They)
" eon b punished here; in the army they '
Tiuiylt commitif,i,mik;mmjniv. And I affirm
' that the most learned and ingenious legal
ujihu, noi excent na the most learned and
ftblo chairman of tfce Judiciary Committee
i cannot devise a coda of law iliat will elli-i
ciontly or even partially protect the juri-,
ty of tho ballot-box, if it be carried to the 1
army, outside of the Commonwealth. '
ou cannot punisn rrauus committed ty
non-residents, beyond your territorial lim
in; nnu wie rmKo oi ' umonuuieiit ,
tUro s wide tne aoor, and invites traud lo diotionai limits. The sumo arguments
enter. An outraged people and an out- j yfould apply if tho Legislature had given
raged soldiery will learn too late that tho : similar privileges, under similar penalties,
right or Bufi'rago, their priceless jewel, j to other classes of citizens temporarily re
the weapon of a freeman," has been by j siding in other Stated or countries, for the
you debased, and made tho synonym of i power of tho Legislature is just as event in
force, fraud and wrong. The constitution
al qualifications can be, and they will be,
disregarded ; and those who are not vo
ters at home will be invited to aid in
drowning tue voice of th cilizPni
Your
carefully prepared system of checks and uer consideration, its adoption was urged
oaths will bo thrust aside or broken un,i Au3 finally carried bt.ouuse it ivas one
through whenever they obstruct tho wish-! 0f the most c-Siicient protections oftho pu
cs of designing men. Koturns will be sup- j rjty of the ballot, and tho Bhure.it guaran-
pressed before thev reach tho borders of
the State, and fulse and forged returns
will be manufactured ; and by them the
man who bids highest, or is most subser
vient to tho will of the controlling power,
will be declared elected.
I speak by the record when I say that
these thingi will occur and that you can
not guard against them. The frauds of
1x01 are still fresh in our minds and upon
the pages of your criminal reports ; and
among the records of your courts are to be
found repeated evidences of the truth of
this fact.
The caso of Ilalseman vs Items, reported
in 5th Wright, 3, is but one of those ca
ses of outrageom frauds perpetrated over
the head of an innocent soldiery. There
tho fact was clearly developed that the
alleged returns from three entire compa
nies were forgeries. They wero counted
in tho return and they decided the elec
tion. A certificate was based upon them,
and tho highest court of the Common
wealth was powerless to deprive the fraud
ulently elected officer of li;s place. Une
ol the syllabi of that casi is as follows :
" Where the return judges included the
soldiers' vote and issued certificates of el
ection to those who were thereby elected
members of common council, and it was
the absouco ot proof that tho return mines
acted fraudulently, but the case must bo
tried by the forms of a " contested elec
tion " before the tribunal appointed by
law, and not by tho ordinary forms of le
gal or equitable process bgforo tho usual
judicial tribunal."
the wholesale frauds committed in the
election of sheriff of I'htladelpliut, as de
veloped in the case of Thompson vs low
ing, and particularly tho the return of
tho Schimtuelpfennig regiment will also
be remombered. A formal return of up
wards of one thousand votes was regularly
filed in tho oflico of tho prothonotary,
having come by courso of mail to his
hand. Tho?e votes wero cast almost sole
ly for the Republican candidate. They
wero produced before tho board of return
judges and were thrown out becauso it
appeared that only two companies of the
entire regiment were rcci uited in Phila
delphia; that the regiment was not at
tho place named on the day of the elec
tion, that no vote whatever wus had in the
regiment, and that the entiro return was
a base and palpable forgery. To the
credit of the soldiers it is to bo said, that
nono of these instances of outrugeous
fraud were traceable to his act. Taey were
all committed by the mercenary politician
who lay in wait in the purlieus of the
camp, seeking his opportunity to cheat
both soldior and citizen out of tho fair
and equal election provided for by law.
Frauds like these, persisted in and suc
cessful through the meshes of the law,
tend to move men to violence to resist
them ; and when it is seen that fraud and
forco are the controlling power, and hon
esty and justice submerged, riotous resis
tance and bloodshed usurp tho place of
law and oruer.
You cannot punish frauds committed
out of the Corutnonweulth ; beyond the
borders of the Slate your laws are power
less. Tho vilest outrage upon the right3
cf a freo people, if perpetrated outside the
jurisdiction of vour courts, must co un-
punished, and the ruffian who committed
it may come here and mingle with you,
unwhipped of justice,
Show me the way in which you will
control these frauds and punish the per-
petrntors of them, and you will show me
"An unnaturalized foreigner who fraud-
; ulently votes at a company election, held
..i. . r J 9
outside oi Pennsylvania, by virtue of the
act of Julv 2d. ISM roi.iin in .liinn.
, by the militia or volunteers in actual ser-
, vice, cannot be indicted and punished in
this State for such offence. The court of
quarter sessions have no jurisdiction oyer
such a case."
Judge Kead, of the Supreme Court, in
delivering his concurring opinion in this
case, says:
"There are, therefore, ineuporable ob -
jections to any criminal courts in this State
takinc cocnizance of any of the statutory
offences created and punished by the act
ol ad July, itsjx wnen commuted, as in
the present case beyond our jurisdiction,
I nm aware that creat and grievous fraud
upon the elective franchise Imvo been
perpetrated at the last general election,
under tho cover of aliened elections bv
tho volunteers, but they must f.'0 unpun
ished, becnuso our courts cannot try of-
fences nommilteu outside ot tlieir luris-
one caso as in tho otlier, and no greater.
In our Constitutional Convention of
l!S3S, whilst the provision requiring a res
idence of ten days within the district in
tuiulilication to tho riiiht to vole whs un-
teo asiainst the commission of fraud. Iu-
ing tho discussion Mr. Forward, of Al
legheny, said :
'Whenever the people seo your elect
ions carried by fraud, then will thero be
an end of all confidence, and in a short
timo will there be an end of free govern
ment. A few corrupt votes may make
tue mujo uy .. ,ur ,o e ota e govern-1
"7,1;":"," .
u.w. lUU Bijiii-o in j u" - ...mi-, ,uur iiousu
Ol xitjj)reseiiiiiiivi;a nimuui jxuuuiive
government. Ten corrupt votes on one'
sido, may give a majority in the Senate
n mnint'itv in Mia Hoilsn fLrwl fi tnainrilu 1
.. ..J-...J -
fortne Governor of tho State. Then, if i; " i V , " .J' i V ' . r,.
., ,i i .ii , ... iiiniieu (as it men was tiv the act ol Con
there is this chance of fraud, will tho peo- .piA nf' irr.w n.r 1
,i , i . . 1 r gresfi 01 1 1 Jd) to three months, or even to
pie be contented, ,1 there , a certu.nty of k iod not QKCiS0li ne' nfl
traud in you elections? Will tl,r( roojilo ,lrfirter ol lieil. iprv woul j no
submit to it It seemed to lum hut they t0 uf)(u thom for , d . r
would not and that tho best, the sures v cMwn And the act of Assembly of lsl.i-
and the safest way of preserving peace and 14 rec0fcMlize,i tlieir .duty as ciliitenSOf the
order and content in tho public mind on S tate to aid it. the support of tho General
thm su ject, was to place such restrictions Uovernmcnt, they were taken from their
upon this right n? would ensuro t ho pun- ..j,,..,,:,,.,, , i ,, ,
ty of vour elections
Since tho foundation of tho colony, all
of our successive Constitutions have be
came more and more distinct and careful
upon the subject of the right of sullVage,
and it has been the prime object of tho
fiamers of all of them to define the right
so clearly and surround it with such emi
nently proper qualifications, as to preserve
it from being abused and perverted.
The act of July 2, 1830, specially exten
dod lo elections by the soldiery ull of the
sections of our general laws that imposed
penalties ami provided cheeks for tho pro
tection of the elective franchise within the
State. Frauds, forgeries und illegal vo
ting committed in the army were to bo
punished as if they had been perpetrated
here. In the case of tho Commonwealth
Kuntzman, tho validity of this provis
ion has bet) tested, nnd tho Supremo
Court decide it to be utterly impotent, ami
they distinctly declaro that nono of those
offences, if committed outside of the State,
can be punished by our judicial tribunals. pline, its subjection to tho Executive, and forms of an election, elevated their idol to
Can you, by your act in rennsjlvonin, ; its time of service, in what does it ditlor th. lord poteetorato of tho realm, where
extend tho jurisdiction of your courts to ; from our recognized standing army ? And ho exercised more despotic sway than ev
Tcnnessoo or Virginia? Can your courts if the present policy is to govcrn'tho na- er did the unhappy Charle?. that army
in Pennsylvania punish the man who ; tion. who can doubt tho necessity for its ' created und paid bv tho commons of Ln-
steals a horse in South Carolina ? Can you
devise a more perfect system of checks
and penalties than those which surround
the bailot-bo.x at home ? 'This has been the '
work of generations ; it has grown with i
tho growth of tli g Commonwealth, and it!
may well bo said to bo a thoroughly diges-'
ted code. Tho system, by tho fiat ol ir- j
reversible law, is brushed out of existence, i
whenever vou cross the borders of your
State, and the purity of tho elective Iran-1
cbisc in the array is entrusted to tho tr.n-i
tier mercies of political tricksters, roerce-;
nary adventurers and minions ol power.- -
Legislate as you may, your network is the
merest gossamer, and will be broken with
impunity whenever the caprice, or the in -
terests of designing men require it.
I ho provisions of tho lull lo regulate
these elections, rccotilly reported ami
found upon our files, does not attempt to to his superior, and punishment follows
create a new code of penalties and checks, tho violation r.f bis oath. He becomes a
hut briefly re-enacts tho obi one. As 1 mero machine in the hands of his officers,
have shown, these provisions have been and within tho sphere of his duties; he
decided to bo powerless ouuido of the dare neither think nor act independently.
Commonwealth. Tho two propositions Mr.n is a creature of habit and of circum
are, in efl'ecl, to allow tho army to control stance ; he readily acquires tho first rudi
the State ; and, in doing so, to dispeneo went of the soldiers' education, the habit
with tho safeguards that might secure uu of obedience to orders, andjust in propor
tioned election. ! tion as he leariu to obey, he urdetrns the
lo this i will never consoni, and i mus
place upon record my solemn protest and
my vote against the measure.
Another reason upon which I baso my
opposition to this amendment is founded
in the views 1 entertain ol the structure
and character of our Government. In my a citizen of a republic, considered with
judgment this step is contrary to the go- reference to the sphere of his duty, as
nius of our institutions, and lends direct- such, are implicit reliance and tho etiligh
ly to loss of liberty. The right of the peo- tencd control of himself, and these quali
ple to choose their rulcr3 and ofthocili- ties applied to the realities of life, and
zon to aid, through I ho elective franchise, conscientiously exercised in the inanago
in tho making of the laws he is to obey, ment of his own 6irairs, constituto the es
are great cardinal principles of the Gov- sencc of republican self-government,
ernmont; they are the strata upon which II it were practicable, the citizen sol
rests our political rights ; they are tho dier, fitted lor tho exercise of all those
foundation of the edifice that protects our high duties, by nature and by education
lives, our liberty and our property. In qualified for Iho position of a Ireem.m. tho
order to tho intelligent exercise of this equal of each aud of ull of us in intellect
high privilege, freedom of discussion, free- and in devotion to his country, if ho wero
doui of action, the controlled investiga- able to preserve his individuality in the
; tion of tho sentiments, opinions and char-
r . . . . 1 1
acter ol tne candidates, in a word, every -
thine that umy enable tho voter to make
up an impartial and unbiassed judgment,
i .1 11 .
are inuispenssuie.
I From the nature of an army, from its
very life giving principle, none of these,
can be attainod by tho soldier. lie is m-:
cable of volition; his freedom of action
and of speech are controlled by his supe-!
I riors. nnd one can reRiiilv nuderstand howl
: destructive of dic.ipline political discus-
sion, honest difference of opinion, wartnlv
j expressed and truthful, yet harsh com-
; ment, upon the character of a candidate,
possibly his superior ollicer, would ncccs-
sarily be.
The articles of war forbid the soldier
, ceasure or condemn the acts or tne poucy
of the "resident, tnd they only have per
mission to discuss iheni to approve thi'iii.
l'olitical documents, r.ewspapers or up
pliest'f tickets can only go to the army by
leaeoftlio rresident'or his appointees,
and no act of ours, nr amendment of our
Constitution, can divest him of the right
to uso his own pleasure in his control.
The position needs no olaborato recapi
tulation of facts on high-strung argument
for its support. conlidontly appe.il to
the dispassionate judgment of tho unbias
sed voter and to the experience of every
intelligent soldier, for its truth. The ve
ry elv'ients Hint fit a man for the proper
discniirge of his dutie as n citizen, are
those which in his position as a soldier
urn, and necessarily must be, douied to
him.
I'y tho articles of warall the troops mus
terod into the service and under the pay
ol the United States, are Bubject lo the
provision of ami amenable tolhopenid-
ui's lu'ovueu in inosc articles. Anil each
of them, volunteer as well as miilitia. are
sworn to "observe and obey tho orders of
tho J'residonl of tho United States and tho
orders of the officers appointed over mo,
according to tho rules and articles for the
government of the armies ot the United
States." Jf the troops now in tho service
of th(. Ujited Klttl ,w Voluntoer8 of drar
"-yjied men from the several
States, wero
rriifiRj Bllij musU.0,, ;n
undBr tho provis
ion of theConstitution fordiscipliiiingand
organizing the militia, wero ollicercd by
the Stato, in accordanoo thoiewilh, and
limit- tifrtt rV cm.fi.. n- I 1 vJ 1 I 1
advocation, their homes and their usual
habits of thought for but a brief period,
and naturally would feel that the'ir true
position was thol of a citizen and not of a
soldier. T he Legislature, too, in limiting
the right of sulliago to tho election of the
officer of tho Stato, palpably expressed
the idea of citizenship, and demonstrated
their jealousy of the power of tho commander-in-chief,
when, howevar, as now,
men aro taken from the States, tiotns mil
itia, but under tho provisions of (hecUusa
giving power to raiso and support armies,
ure mustered la fora period of three years.
anil many re-enlisted tor tho same timo,
mo sworu to obey the President and the
ollicers ho may appoint over them under
the army regulations, and are ollicered
mainly by tho United States, they become
in reality n great standing army, ami ail
the clangers to free institutions, that px-
nerienco teachers. How fram tb i.xisti.iwn
of such armies, aro to bo feared Is it not
I in all its constituent parts, a standing nr-
i my? In its oix'inization. its modoofdici-
I existence for years after tho rebellion shall
1 huvo been crushed. If all our volunteer
j soldiers viewod the pursuits of peace ui
their field labor nnd preserved their relu-1 left the people powutloss in the hamis of
lions to tho community, the result might ' despotism; and yet that army was raised
not follow ; bjt we all know of the wild ! according to law, its supplier were voted
pursuit of our ollicers of position in the j according lo law, and tho people fondly
regular army, und who can fail lo perceive hoped it would preserve to them tho lib
in the re-!nlistment of whole regiments of erties it afterwards destioyg 1. The finny
our soldiers, theovidenco of their love f:r of tho commonwealth of Uonie, composed
llio professions nf arms, and a palpable
lemonstriUiou of their preference for that
mode of life. Tho motive of tliU re - en -
: Hutment, whetherp.ilriotisrn, fame or gain,
(1 trust it is the former.) is however unim-:
portant ; we have tho fact and are to deal I
: with it as prnctiial men.
j -Jue WOrld of the soldior, consider od as'
such, is embraced in the simple sentence
command and obey. He sweart obedience
naua ol soil reliance as he progresses to
Ihv status of Iho trained and inleligcnt scl
dicr, he sinks the cii iraeterUlics anil hab
its of thought of tho individual.
'I he freeman obeys law, the soldier o
beys orders." The highest naainnient of
army, and to remain uncontrolled by its
' ll .1 ,1 I I . ' . t . I '
, inuuences, snouia no vested wun inn
right, but such men know, und to them
1 willingly submit the decision of the
l,,l,Au!,n wi.nlI.Aa ll.rt,. m filial t.m
.j-.-..!...., iin-mn iuo mu un.-u mi
these important obligations, who, at the
inception of their career, take the vow of
obedience to asuperior ; who, by the very
nature of their duties, are isolated from
the community and unacquainted with
its necessities, who from tho unbroken
routine of soldierly obodim.ee, havo lost
the control of tlieir individuality, and
who, by sheer force of habit, have learned
to look upward to men for tho line of con
duct they are to pursue, instead of judg
ing for theruielvos, or exchanging opin-
to' ions with those who, Ly
nature, are no
iuor uieruiet. man moy.
- iu Iho State and the rcj-ubic, tlcoliji
are essential
llilLV porinnir 111 their chaiiipter.
tm.flftii. ill .Ik. Ik. aK.ii .tnlnn
Tho voice
-3Li. . . .r,..i.. .. "J..
r-r- " i imit.i... i.
as expressed ihroitgli lei'and
..rj..v .,!". "j "i r,T
ot.h.itilu-.will.
tiorml forms at the'hallriSWo
ox, U tho con-
trolling povrer, and to that will, thus ex-! 8t the aecoruplishnietit of tiie o ,iec' '
pressed, nil bow in submis.sion. To thisjho great lesson taught upon t,i 0,,lt
featuro in our institutions, we. si a nation bv the history of the pas: i; tha ',,
point wah just pride; wo esteem it, us this character in leimliin;.... ,. ,;.,.
does tho world, a vindication ol the puri- largely increase the lw.t of . .. ;i ,,..,
ty or the ballot-box ami a truiinphant ev-!,,,,.,,!, ami from tho very nat.iro
itltnett ol the e;inuei!.v i-il niiui lnt snl l'."ii. . i.. i.. .i .i.
ornment.
. . i " -b" I
i n me civil policy tho willol aiZCns, ami tho mamiii.mienl of .illt.!,e I.uki-
majority of individuals, each of whom is
tho equal of ins fellow is tho controll
ing power ; in the army tho will of one
man guides and controls tho volition of
nil. Tho importance of the preservation
of the former ax uu essential element of
our national oxulanee, ami the manifest
tendency of tho measure now under dis
cission to endanger it, are, in my judg
ment, equally apparent. Under our Con
stitution tho Lxecutivo of tho nalou is tho
i-oinnianiier-in-chici ot our army, nnu is
possessetl ol almost
unlimtied control i
over both othcers anil soldiers. They
swear to obey him ; his will is their will ;
in his hands lio the power of promotion
ami of comparative degradation ; rank
and emolument aro in tho sunshine of
his favor; poverty and refusal of irrado nro
in tho fro w ii of his displeasure. In our
iirmy all the soldiers may become ollicers.
In this ruspect they diller from most, ar
mies of tho old world ; yet this very fact,
whilst it prompts tho soldier to deeds of
daring, makes him but tho more solicit
ous for tho good will of his superiors, and
urges him to seek promolion through tho
only avenues that open beforo him im
plicit obedience and courage in battle.
The ollicer, too, who sees his grade, sees
no teuton why ho should not go still high
er; and as position in society and increas
ed pay follow elevation in rank, nil the
selfish motives that operate upon the hu
man mind, and compel it to energetic ac
tion, urge him to improve his standing
with his supeiiors; and it may happen, in
the pursuit of this object in military 1 i to,
as not unfrcqueully happens in civil life,
tho man is n iiling to deg'udo himself far
the attainment of the object of his dosiies.
1 he desire ot the interior to ingratiate
himself with his superiors, in whose hands
rest fuvor und fortune, is as fixed a princi
pie in tho mind of man as is any other of
the baser reasons for human action. If
to elevation of position ami supremo com
niand, tho leader unites skill in strategy,
segacity in council, ami courage in battle.
, ho becomes in the eye of his soldiery r
standard of perfect ion, and their devotion
i All remember the devotion of the soldiers
I of the great Nopoleon to their idol. Of
' what weiiiht would individual opinion be.
i VI ..III. IflyWllllt. i. 7 lICblVK VI lll'UI-H UlCtlll'
' iust and inoner thouch it were, if thrown
i in tho scale against such a lender? The
bravo and unimpnsMoned soldier of the
Commonwealth of filmland, through the
1 eland, and commanded bv their cenerals.
at the behest of thoir commander, dis-
1 pcrsctl the. very body that made them, and
of tho noblest and best ol her citizens,
pandered to tho ambition of Ca sar, their
1 leader, and aided him in slipping tho foun-
dation of the Hepublie, and
nd enslaving the
people.
It is in timo of war, particularly, that
the strength of tho Kxecutive, comniaml-
er-in-chicf, is magnified, and danger ro-
; stilts from his superabundance of power.
I his is thus graphically portrayed ny i.ir.
Madison in his fourth letter over the sig
nature of UcU idius; ' War is in (act the
due nurse of executive aggrandizement.
In war a physical force is to be created:
and it is the executive will which is to di-
roct it. In war the public tie-usuries tiro
to be unlocked ; and it is tin cxecuitvo
baud which U to dispense them. In war
tho honors ami emoluments of office are
to bo multiplied ; and it is the executive
patronogo under which they are to be en
joyed. It is in war, finally, that laurels
are to be gathered ; und it is the execu
tive brosv they aro to encircle. Tho
strongest passions nnd most dancrorous
weakness of the human breast, ambition,
avarice, vanity, the honorable or venial
lovo of fame, aro all in conspiracy against
t he design and duty of peace."
"Hence il has grown into an axiom that
the executive in the department of power
most distinguished by its propensity to I wield his patronage as ti secure his ole
war ; hence it is the practice of ull Slates, I tion for a second term, who so blind m
iu proportion us they ure freo, to disarm j not to see that four yoars hence ho wi I
this propensity of its inllucnco- If a free' havo less difficulty in securing his election
people be a wise people also, they will not for a third term ? For with an army r-f
forgot that tho danger nf surprise can nev- more than half a million citizen soldier
er be so groat as when the advocates for under his command, and an annua! pi
the prerogative of war can sheatho it in a tronago of a thousand millions of money,
symivol of peace." he can, if ho has one-half the In ain nttrr
And Mr. Hamilton, in (ho 23th number utod to him by his friends, h me Ai -im ,
of tho Fed, r.uLt, says : "As-far as an ar-' cUeted mm term to term durinj his .ia.'rj
mv may bo considered us a dangerous life.."
weapon of power, it hail better be in thosol " If tho military necessity supplies "
hands, of which the people aro most like-! reson now for his nomination, a:.d tit
ly to bo jealous, than in those cf which 1 extraordinary putronngo occasioned by lb -they
are least likely to bo so. For it is a' war furnish" the means of his ele Mo-,,
truth which tho experience or all age I as a matter of course his vUfrot U
has atlestcl that tho pooplo are common- irolo:j thenar as a meant of rcrjvtuatry '.
ly most in danger when tho means of in- porcr. ... ,
juring their rights are in the possession of, In the face of the rmpressive 1omo,.s ,
those of whom they entertain Iho loan the past, in the face r.f the inev, lab, ,
suspicion" i tendency of Ihe army lo centralization
When war is once commenced by a na-' one clas of persons gravely tell us it .
tion it is in the power ol tho executive to .,. to risk the consequence of tb
protract and continue it so long as ho can adoption o the amendment, and an Ml., :
obtain the senews necessary for his pur- class assert thero is no danger ; ..urruin.
rose and there was never m protracted a I are honest; they will uot b-.tray i-..
war that was not full of danger to the free j For those who pl-a-i its expediency -. I
institutions of tho country engaged in it. aro willing to racnlice ftmciple thereto.
UcU yoir of Us couliuiunce .-oivea tjam- c tati only proy that the reluntUM It-
mm mo power n t hi ', i;., .! t
" o. mo r.xecunve.
rentier uia army merit iiiUm.
...V, Ull'l III
li'liL iii I. J
Mang-rii net !,... l0 i. ,.,.
.bonded from n l,l,.i, ,,.! ,.;.. ..
loims i" inure lilt) coir.ini ol lit ! ii' uu-
ness uiiair ot the nation, m the ham' ,.f
the administration. Of the truth of tun
lesson, tho history of our count:-? 'i lm
past throe years is another s t 1 1 i vi
demo. I'.y gradual ami easy tr;.niiiou,
the mind of man can be accustomed to al
most any change, and by elxv.ly nr . 1 hi
perceptibly changing his habits of life nnd
modus of thought, he e.iti bo Ki.itle to elide
gently but purely from the highest devel
opments of an advancing hu.na.iitv irMn
the very depths of unlit ieul h'.j.i emeni
t is hcie the danger of om libeities is to
be found ; Iroin the habit of peace we are
gradually acquiring the new und danger
ous habit of war ; from dcpenJance upon
our own rescources and judgment, wo'itro
gradually acquiring the habit of acceptin.".
without question, the iiidiiuieuto our ru
lers ami obeying thoir dictation ; we aro
now about to vest tho right of controlling
our institutions in tho hands of those who
have acquired tho habit of obedience, nnd
thereby lost tho habit of self reliance and
individuality. "All Ihosewhoseplit.'.de
stroy the liberties of u nnlion, ous'it to
know that war is the surest and shortest
means to accomplish it. This is the lirsj
axiom of the science."
Inasmuch, then, as thoindividu.il mem
ber of the State should be possessed of in-
lependenco ol action and implicit scir- 'e-
banco in order to fully fit him for the in
tiligent exercise of the elective franchis...
and as the structuro of the army audits
liscipline Inevitably (end to unite, (in..
minds of all iu members in suhm.; ion to
tho will of one man, nnd thereby would
prevent the elections nf the nation from
being "Ireo and equal," I am unwilling to
extend the provisions of tho Constitution
as is contemplated bythis amendmo.it.
1 am not without authority ami prece
dent to sustain mo in this conclusion.
In commenting upon that clause of thj
Federal Constitution which rn;me? thj
President commander-in-chief of Urn ar
my and of the militia, Mr. Madiioii says :
"Those who aro to conduct a war, can
not in the nature of things, be proper or
safe judges, whether n war ought lo bn
commenced, continued or cunciuW.
They aro barred from tho latter fuucliom
by u great principle in freo j;overnuient.
Biinhigous to that which separates the
sword from the purse, or tho power of ex
ecuting from the power of enacting law-: "
Inouro'vn Slate the act of Assemt.l y
evince n jealously of interference byt:-.1
military with the free lorn of electi on -The
ninety fiflliection of the act of ..
July, is.'i'j, provides that "no body ot
troops in the army of tho United SlRc ,
or of this commonwealth, 6h.ill be prescn'..
either urnied or unarmed, at any pla ;o o!'
election within this Commonwealth, dj:
ing tho lime of such election."
A similar provision exists in the la.v
many other of the States, and of Lng'.vid
Tho army of the Roman F.mpiro, ti ,;n 1
in the school of tho soldier, and vosto i
with the privilege ofelcclion, did the wd!
of its leaders and, regardless of the will n'
the people, raised to the imperial purp!
whomsoever their fancy dictated. Th-i
man who gained the afleetioiis of th.;
diery, however limited hi qiMiifi '.itiLi .
or baso his character, at their bck be -m
the omperor of the world, and
changed c:ipri::o his throne cub1 tj. j
in the du't.
The soldier? of the rcpavh" of Fru i
vested with the right t f 'ni'uge i; '
command of tlieir le.vlrr. vnieti in our u
, day to sustain the second of I'eecmbt r
ami ovenurow rue cnnsutntion liiev w tc
sworn lo support, and the s i-jo s'i'.o i
voted to create Loilis Napoleon e eiiJi i
of tho French, destroying ly thfir billots,
j within six years, the liberties of !i.o p
pie, and the very inslitiUi.ins thult'iev
had sworn to support and defend with
their bayonet.
In the recent addresi emanating from
tho Chase committee at Washington at: i
circulated among the members of the Oil
io Legislature, ulteianco is given to th
sentiments of the opponents of Mr. Lm
coin, upon the nuestion. in verv niain I n,
jguago. I quote from tho address:
" If iresident Lincoln in defiance of li
teachings of Jackson, in vin'stion of tl.-
great principle which underlies our dem
ocratic institutions, and in tho fico of ti
solemn warningiof history, can now t i
(rli, .,
,.UJl.