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VOL. 53-WHOLE NO. 2,624. CLEARFIELD, PA., WEDNESDAY, JUNE 4, 1879. NEW SERIES-VOL 20, NO. 22.
ARMY APPROPRIATION BILL.
SPEECH OS4
HON. A. H. GARLAND,
or .fnfij.rus,
IN TH G SENATE OF THE UNITED
STATES, .
TUESDAY, APRIL 22, 1879.
The Sanata barit aadar aoatldaratloa tka
bill (B. R:. No. 1,) taablDf appropriatlona for tba
rapport of tka Arm; for tka laoal aar andlnf
JuoabO, laSO, aad for otkar pnrpoM.
Mr, GARLAND Bald:
Mb. I'rikiuknt: Aaliutlinutod yut
terday, I deaire to Bubmit aoftie re
marlcs on the pending question and 1
will proceed now by the kindness ot
the Senator Irom Iowa to do so, not
indulging the hope that I shall be able
to say anything new at thia late hour
of the dubate, nor even entortaining
the belief that I shall be able to inter
est the Senat by any remarks I shall
address to it. The question has been
as thoroughly sifted and discussed at
ony question I have ever heard debu
ted, or any one of which I have ever
read the debates; and really I leel like
apologising to the Senate for attempt
ing to discuss it at this time; but I
feel it my duty under the circumstan
ces to submit some general ideas on a
few phases of the question to tbe Sen
ate. The reasons for tbnt courso will
appear as I progress in tbe remarks I
shall mdko.
The point immediately in Land is,
that in the Army appropriation bill
the committee reporting it seek to
amend section 2002 ot the Revised
Statutes, which section was passed,
the Senate will bear in mind, on tbe
2!Hb day of February, 18C5. That
section is only altered in the amend
ment presented by leaving out alter
the words "United States" tbe fallow
ing words :
"Or to keep tbe peace at the polls."
This bill then proceeds :
"That nothing contained in this sec
tion, as now amended, shall be held or
deemed to abridge op effect the duty or
power ot the President of tbo United
states, under section 5297 of the Re
vised Statutes, enacted under and to
enable the United States to comply
witn section 4 ot article 1 V 01 the Con-
ititution of the United States, on ap
plication of the Legislature or Execu
tive, as provided for in said section,"
Thus holding, under the Tiroviso,
what we cluim on this side is the only
contingency iu which, under the Con
stitution, according to section 4, arti
cle IV, the President of the United
States can call forth tbe force of the
Army of the United States to be used
in the respective States. To this
amendment the Senator from Maine
Mr. Jilaine offers an amendment in
reference to bearing arms. That
amendment is objectionable tor the
same tvason that 1 will offer to keep
ing tbe words "or to keep the pence
at the polls" in tbe original atututo ;
but that amendment was so tborough
ly disposed of by the convincing and
lucid argument ot tbe senator trom
Texas Mr. Maxey yesterday, that it
neeas Morning more at my nunua ur
those of anybody else, in my opinion.
There are two questions now pre
sented : first, should these eight words
be strickon from tbe statute book :
should they in justice and in right go
from tbo book or laws 7 second, U they
should go, is it right and proper that
they should make tbeir disappearance
ny ana tnrougn an appropriation oui i
These are the two questions in this
debate presented br this amendment.
Twelve or fifteen years ago this would
not have been a debatable question id
either House ot Congress ; twelve or
fifteen years ago it would not have
been presented in either branch of Con
gress ; and when we look at tbe coun
try across me water irom wnicn we
gather, in the main, our institutions,
and the sensitive feeling in this coun
try always in regard to tbs use ot tins
power in any shape or form except in
actual war, it is certainly astonishing,
and it must strike the publio mind so,
that any one should contend mat tnese
words should be Rept in me statute
book at tbia time.
I will now Bive only some few refer
ences to the feeling in England upon
tbe use of the army, especially in towns
in time of peace, at elections. Many
have already been produced, and where
I touch upon Ibcm it will, be only in
cidentally for the purpose of enforcing
some ohieelion 1 wish to make. I read
from Clodo on the Military Forces of
the Crown, which, by tbe way, starts
out with the following splendid motto
taken from Burke, which it will not
be out ot place to reaa ners :
An armed disciplined body is in its
essence dangerous to liberty ; undisci
plined, it is ruinons to society."
That is tbe starting point to Clodu's
work on tbe Military Forces of the
Crown, taken from Burke, volnme tt
page 17.
"So far as the land forces were need
ed, upon alarm all the fortresses of the
kingdom bail been mannea ny tne mi
litia. When for ths first lime soldiers
of the King's army, instead of the
hamlet men
Which moans, in our language., our
militia ,
were placed in the tower of London,
tbe people petitioned Parliament, and
both Houses thought themselves be
trayed. An examination of the Lieu
tenant ot the tower as to this excep
tional proceeding was at once taken
and an assurance obtained from bira
tbat no guard should come into tbe
tower save ol tbs bainiet-nion.
And ws see breathing through our
own Constitution parallel in tbe first
article, in the fifteenth paragraph of
section 8. that Congress may make rules
for calling eut tbe militia to suppress
insurrections ana repel invasions.
but it does not call out tbs regular
Army of lb -United States. Those are
the bamlet-nen. according to tbs aa
tbor here, as nsmed and known in
England.
"In aftor years, when tbs troops
were admitted to tbe tower, they went
there nnder an old established rule
What is that mler .
by tbe order of a parliamentary minis
ter, tbs Secretary of War, and not of a
military officer or the Commsnuor in
Chief.".
Be bow this spirit runs again and is
msds to livs and speak in our own
(VinatitiiLioB bv one of the amend
ments that subordinates ths military
all tbs time to ths civil power. Tbe
Seoretary at War acts not as a war
officer, bat aa a civil officer. It is as
parliamentary minister tbat he makes
that order, and in no other capacity.
Now proceed to page 192 of tbs earns
volume:
1 4. As to ths praseaoe of soldiery
in and about tbo Houses ol Parlia
ment, or rather the House of Com
nions, the rule, until the Crimean war,
was that no soldier should be admitted
therein, unless sent there as a repre
sentative of tbe people, or called for as
a witness ny mo Jiouso.
13. The exclusion of soldiers Cnot
being members) from the House prob-
auiy unginaiuu in tne prohibition issued
by Parliament ajminst the entranco
ol the guards sent by Charles 1. for
their protection of surveillunce. Charles
l. came to tbe House with guards, and
the Com,mons proteetod against it as
their journuls show. When Clmrlcs
II., fit February, 1069, was accompa
nied by his guards, the incident called
forth tbo remark from Ralph 'that it
was toe nrsi instance we meet with In
history of a sovcroien entorinir upon
the exerciso of legislative power under
me awe ana inmionce ot tbe sort. But
whatovor might have been the reason
ot their exclusion it is clear beyond
controversy that they were excluded,
ana tbat tuo rule was not relaxed un
til August, 1855, when they wero per-
nutted lor the futuro to ontor the
House unarmed.
14. As to the presence of soldiers
at the election ot members for the
IIouso of Commons, the rule still is
that of exclusion from the places of
vibbivu mi. H. W IUUSU uaving votes
and who como to exercise their elec
tive franchise The right to vote and
to proceed to the election without
leave irom iiio crown or the com
manding officer is secured to the sol
dier by statute; and when summoned
to Parliament by order of cither House
the soldier must, as some contend.
obey the summons without leave or
order.
On page 197 tbo celebrated statute
8 George II. is referred to:
"The preamble lays down t ho con
stitutional rule on the this subjoct in
these words"
I shall not read tbo statute, but sim
ply the preamble, because that has not,
according to my rccolloction, been
reaa in this debate :
"Whoreos by the ancient common
law of this land all elections ought to
be tree; and whereas by an act passed
in tho third year of the reign of
King hdward tho First, of famous
memory, it is commanded, upon p-reat
forfeiture, that no man, by force of
arms nor oy malice or menacing, shall
disturb any to make free elections."
By tbe ancient commou law of the
land, ono of tho greatest and. in inr
judgment, I am ready to say tho
greatest system ol laws vet known to
civilized man, all elections ought to be
tree, tbat is what our Htate Consti-
tions say, every ono ot them, in so
many words.
Un pages ZU2 and 203 the same au
thor says :
The !0 Victoria, chapter 21. car
ries out the same arrangements for tbe
troops at elections that, aa will ba
shown in this chapter, Mr. Windham
made for them at assizes in 1798. Thus,
by section 2, on days appointed for
nomination, elections, or taking the
polls no soldier within two miles of
any city or place where such shall
take place shall be allowed to go out
of tbe barracks or quartors unless for
the purpose of mounting or relieving
guard or of giving bis vote at such,
election.
"In tbe year 1861 exception was
taken in the House of Commons
to tbe presence ol volunteers in
military array at the unopposed elec
tion of the late Lord Palmorston, and
they were prohibited on all future oc
casions trom assombling at drill or any
other purpose between tbe issue of the
writ and the termination ol tho elec
tion, or during the progress of any
municipal eloction. , .
"Tbe exclusion of tho military forces
from assise towns during the holding
of the assises dated trom an earlier
period than the Revolution, and the
first Order is probably that of Charles
II., given in the appendix."
Then, upon pago 125 and following,
the opinions of the law o dicers are
given concerning these different stat
utes. In the second volume of the
same work, under the tillo "The ac
tion of tho military in aid of tho civil
power," I find:
"Aftor tbe establishment of guards
and garrisons in the reign of Charles
II. tbe immediate sequence was their
employment under tbo orders of the
Crown in lbs discharge ot police du
ties. Tbe introduction into our civil
policy of such an instrument of coer
cion was calculated to crcato as it
failed not to do a spirit of aversion
towards tho army, and of suspicion to
wards tbo dynasty resting its atittiori
ly upon such support."
Then he proceeds to tell how that
was disposed ul and set aside, un
page 134 :
"From the entries in the wsr office
letter-books, tbe bread riots in tbe
west of Kngland in, 1700 appear to
have been tbs first occasion npon
which tbe Secretary at War issued
anything like a general order for the
troops to act in aid of tbe civil power
itbout a previous relvrencs to him
The terms in which these instructions
were framed show that the courso
adopted by the Secretary at War was
novel: but certainly, from the de
bates, first, on Mr. .Burke s motion in
1769 for an inquiry 'as to the employ
ment of the military in 8t Goorgo's
field, and thon on Mr. Pownall s mo
tion in 1770 'to introduce a clause into
tbe munity bill that the justice should
make bis requisition id writing,' it is
evident tbat tbe authority ol tbe jus
tice was then fully recognised aa a
sufficient testification to a military of
ficer tor using his men In tbe aid ol
tbe civil power."
Ws shall come to see after a while
in a cclebratod case in New York that
they did not oven protect a subordi
nate officer under an order given to
him to bare his troops on election day
and exhibit them around there.
"In tbs period whicb intervened be
fore the employment of the military in
aid of the civil magistrate again came
under discussion, ths legislature had
restrained the Crown from employing
ths militia as a military foroe except
in case of rebellion, and then oniy up
on a previous communication to Par
liament, if sitting, or by order of coun
cil. Moreover, the power of the Lord
Lieutenant to search for arms to se
cure tbs publio peace was withdrawn.
Ths restriction still remains, and
there is at tbs present time no stat
utory authority for the diiembpdied
militia to act in aid of tbs civil power,
while, on the ether hand, an opinion ol
some weight has been- expressed in
Parliament tbat lbs tores ahonld never
be ased in tbat service."
Tbat concludes the references t wish
to make in Clode's book, and 1 pro
duce them for tbe purpose of showing,
in addition to tbs authorities already
olTercd to the Sonate by other Senators
who have spoken on this subject, what
a concurrence of opinion and what a
uniformity of sentiment exist in the
country from wbioh we take our insti
tutions in great part, the country al
luded to so well voaterday by the San.
ator from Delaware Mr. Bayard as
differing in so fow respects trom our
constitution of government.
Now, if tho Sonato will go with me
for a while in tracing that sentiment
from tbat-country to tbia, we shall
find it embodied in the Constitution
aud laws of the United States, as well
as those of ths different States. There
is not a varying feature, there is not
dissenting expression, there is not a
difference ot opinion anywhere to be
found until this statute of 1805 be
came a law, as to the mere presence
of the military, whether for drill or for
exercise or for any other purpose, not
merely at elections, but at tbe time of
holding court, at the time of dispens
ing justice on toe uay oi election.
Let us come to our own cquntry. I
wish to read whore this law is sum
marized by Judge' Cooloy, in his work
on constitutional limitations. On page
614, nnder the title of "freedom of elec
tions," be says :
"To keep election free of all ths in
fluences and surroundings which might
boar improperly upon it, or might im
pol tbo doctors to cast their suffrages
otherwise than as thoir judgments
would dictate, has always been a prom
inent object int American legislation.
We have reforred to fundamental prin
ciples whicb protect tbe secrecy of the
naiiot, put, in addition to these, there
are express constitutional and statuto
ry provisions looking to tho accom
plishment of tbo same gonoral purpose
It is provided by tbe constitutions of
several ot the States tbat bribery of an
doctor shall constitute a disqualifica
tion of the right to vote or to hold
office The treating of an doctor,
with a view to influence bis.vbto, is in
some Status made an indictablo of
fense Courts are not allowed to bo
held, for the two reasons that the elec
tors ought te be leit free to devoto
their attention to the exercise of thia
iiigh trust, and that suits, if allowed
on that day, might be used as a means
of intimidation.
He refers there to two cases of some
prominence in the New York reports.
"Legal process in some States, and
for the same reasons, is not permitted
to be served on tbat day ; intimidation
ot voters by threats or otherwise is
mado punishable, and gcnorally all
suCh precautions as tbo people in fram
ing tbeir .organic law, or tbe liegiBlg
turo afterwards, have thought might
be made available for tbe purposo have
been provided with a view to secure
tbe moet completely free and unbiased
expression of opinion that shall be pos
sible." Now we come to tbe point here :
"And with a just sense of the dan-
gor of military interloronce, where a
trust ia to ha exorcised, the highest as
wen as ins most aoncaio in tne wnoie
machinery of government, It has not
been thought unwise to prohibit the
militia being called out on election
days, even though for no other pur
pose than tor enrolling ana organizing
ibcm."
Ho refers there to a New York case,
which 1 shall take occasion to ctto af
ter a while.
"The ordinary police force is the
peace of tbe State, and its presence sug
gests order, individual safety, and pub
lic security ; but when tho militia ap
pear npon the stago, evon though com
posed ot citizen militia, the circum
stances must be assumed to be extra
ordinary, and there ia always an ap
pearance of threatening and dangor
ous compulsion which might easily
interfere seriously with that calm and
unpassjoned discharge of the elector's
duty whicb tbo law so justly favors.
Tbo . soldier in organized ranks can
know no law but such as is givon him
by bis commanding officer', and when
he appoars at the polls there is neces
sarily a suggestion of the presence of
an enemy, against whom be msy be
compelled to exerciso the most ex
treme snd destructive force, and tbat
enemy must generally be the party
out of power, while the authority that
oommands the force directed against
them will be tbe executive authority
of the State for the time being wielded
by their oppopents."
The very sentiment which. In an
other form General Grant himself pub
lished, that was resd so timely the
other day by the Senator from Mary
land, Mr. Groome and I may also
take occasion to refer to it before I
finish : .
It is consequently of the highest
importance that tbo presence of a mil
itary force at tbe polls be not suffered
except in serious emergencies, when
disorders exist or ar inreatenoa tor
the suppression or prevention of which
the ordinary peace force is insuffi
eicnt; and any statute whicb should
provide lev or permit such presenoe
as an unusual occurrence or exoept in
tbe last rosort, though it might not be
void, would nevertheless be a serious
invssion ol constitutions! right and
should not be submitted to in a free
government without vigorous remon
strance." That is the result of the authorities
summarised by Judge Cooloy in a book
tbat we all read with pleasure and in
terest and, 1 bope, with profit. Now,
I wish to call attention to tbe iNew
York case here reforred to, It Johnson
521. A subordinate officer brought
bis company out on the day of elec
tion simply for ths purpose of enroll
ing snd organizing, not to drill them,
not to make any demonstration. He
was sued for tbst, and be pleaded two
matters; first, tbat it was merely for
ths purpose ol enrolling ; and, second,
that be acted nnder the orders of his
superior officers. The oourt held bath
pless insufficient, and said :
"Under the twenty filth section of
the act to regulate elections, (boss, dti, o.
31,) no officer can order out any part
of tbs militia during any election, or
ten days previous thereto, even for ths
purpose ol enrolling or organising
them, ana not to exercise.
Merely for the purpose of patting
their names on tne doors ana organ
ising tbem and then sending them
borne; but the oourt said, "No, they
had no business there." Their very
appearenoe, in the Isngusge of Judge
Cooley, (uggested msnaoe, gave suspi
cion Ot' intimidation, which was not to
be tolerated at a free election ; and an
election is not an eloction when It ti
not free. I read this to show the jeal
ousy existing all over Ibis country at
lbs exercise oi sny sucn power as to is,
and that it is discountenanced by all
the authorities, the highest as well as
the lowest 1 could quots other oases
(but I do not csre to detain the Senate)
that are referred to by Judge Cooley.
Why is this. Ur. President' Ths very
preamble te tbe Constitution oi tbe
United Slates, among other things,
says it was formed for tbe purpose of
securing "liborty to ourselves and our
postority." Tbo personal right, the
personal liberty of tbe votor is to be
secured. That is what it is, to socure
bis liborty in all that ia guaranteed to
him, oiid there is nothing mote sacred
than the right of voting at a free elec
tion. Mr. Jefferson and Liithcr Mar
tin both opposed with -all the violence
ana all tho powor ol tbeir nature and
thoir intellect the adoption of tho Con
stitution, because, amoug other things,
it did not havo In it what Is called a
bill ol rights. Mr. Hamilton and
others answered tbat tbe Constitution
itself was a bill of rights. But
tho people wero not sutisQod with
that answer, and tho clamor rose so
high that at the very first session of
congress, tbe first ten amendments
were proposed, nearly all of wbioh
looked to the personal liberty and per
sonal rights of tho citizens. So sensi
tive now has this fuoling become, not
with our sido but with tho other Bide
also, that oven in the testimony taken
before a committee of which I have
the honor to be a member, great efforts
hsve been made to show, noticesblr at
Colutobus, Mississippi, thut a camon
was tired on oloction morning just bo
foro the opening of tbe polls. For
what purpose f Evidontly tor tbopir-
poae of showing that there was intim
idation through tho belching of Uis
cannon. If they can havo on a fit of
indignation lor that act, what must we
who oppose this whole business say aa
to the companies, and platoons and
regiments mustering around on the
dsy of eloction with bayonets in their
nanas r 1 be leeiing is well founded, 1
admit ; but the firing of a cannon is
more child's play, more nonsense, com
pared with the mustering of companies
by sections and platoons on the day
of election. At the arsenals tbey have
been firing a cannon, and probably do
It yot, lato in tbe evoning and early in
the morning, for the purposo of indi
cating tho rising and setting of the
sun, and to make it more binding.
What tho pooplo in Columbus and
othor places tired cannon for 1 do not
know, but 1 share this feeling with the
other Bide They havo no business to
bo filing cannon on election day : and
if they have not, they have no business
mustering companies with bayonets in
tho presence of the voters and the
ballot-box on tuo day ot election in tbo
Slates to keep tbe peace of tho States.
air. President, what peace are tbey
there to keep ; whose proco is it f It
is not tho peace of the United States,
for 1 say there is no Such thing as the
peace ot the United Sates under our
Constitution and our laws, except pos
sibly it is in tho forts, aroBcnals, and
dock-yards. There is no such thing.
It is evidently the peace ol the stale
of Indiana, or the State of Arkansas,
or the Slate of Ohio as the case may
be, wboro tbe election is bold. Judge
Cooley says, so do tbe English autho
rities, thai the police powor is sufBciont
for tbat At all events, if it is not
sufficient tho United States cannot
twrjttlir it with lit militia, if it haa .nr.
I or with its regular troops. Suppose a
u mted otates soldier arrests me tor
violating the peace, as it is called on
eloction day, and I am voting at In
dianapolis, Indiana, whose peace bavo
I violated? Who is to try me 7 The
United Slates courts? Not at all. Sup
pose 1 am convicted, who is to pardon
me 7 The rrcsident cannot pardon
me for I havo effended against no
peace of the United States. 1 hold,
under the courso of the argument I am
attempting to make, strenghter.ed by
that taken by the Senator from Texas
yesterday, Mr. Maxey, that you had
just as well send down tbe troops to
guard and watch tbo city ot iNew ur
loans and the city of Mobile, to do
thoir patrol and policy duty, as to send
down soldiers there on the day of eloc
tion. Tbe police powers belong to tbe
Slates and, as the Supreme Court has
often said, tboy cannot be surrendered.
But, says tho senator trom Maine,
there are only fifty-seven in Arkansas,
twenty-nino in Georgia, and none in
Missouri. Tboso titly-seven in Arkan
sas 1 know, ana it givos mo great
pleasure to attest their good sensoand
thoir patriotism ana their great con
servatism. Tbecommanding officer at
that post is a gentleman of intelligence
and culture in any society, and in any
circle; and 1 take occasion to say
here, that 1 do not boliovo from Gon-
ersl Sherman to the lowest soldier ot
the American Army they want this
power or that they care to nave It, and
they would rather be rid of it
But the Senator from Maine ignores
the principle and confines himself to
the moro msttor ot the size of tbe
agent that inflicts the evil or the sue
ot the result. It is told in some oia
books by the malicious opposers of
the Catbolio religion, tbat the priests
in forgiving eins mako parties, wh,o
come botoro them and confess that
thoy have stolon goods, divido tbe
profits with them botoro they lorgivo
them ; and in one instance, as a stray
member of the church happened to
steal a very large black hog, the priest
said to him that was a sin of more
than ordinary capacity and be should
have to charge dim three-lourths of
that hog to forgive him. I daughter, i
Marryatt exhausted tne torce ot mat
argument in his "Midshipman Easy"
when Mrs. Easy s nurse was lounu to
have been the mothor of an illegitimate
child. He tolls the story tbus :
"Dr. Middlcton, who Bat between
tbe bed and Mr. Kasy'a cbair, rubbed
Uim hanH. Whd'l.nffhlWl
In ths mean time Mr.' Easy bad
untied ths string and taken off the cap
of the young woman, and was very-
busy in putting bis nngers turougo ner
hair, daring whicb ths face ot ths
young woman expressed fear and as
tonishment.
"1 am glad to perceive tbat yoa have
large portion ol uenevoience.
"Yes, replied the young woraao
dropping a oonrtesy."
"Ana veneration, aiso.
"Tbanky, sir."
" A nd ths organ ol modesty is strong
ly developed.
"les, Sir, repiieu tue gin, tun.
.. . . i -i :,L -
smile.
"That's quite a new organ," thought
Dr. Middleton.
"Philoprogonitlveness very power
ful."
"If vou please, sir, I don't know
what that is," answered Sstah, with a
oourtesy.
"Nevertheless, you have given s a
practical Illustration. Mrs. easy,
in satisfied. Have you any questions
to ask F But it is quite unnecessary
"To be sure I havs, Mr. Easy. Pray,
young woman, what is your nsms T
"Sarah, it yon please, ma am." -"How
long havs yoa been married T
"Married, ma'am V
"Yes. marrind."
"If you please, ma'am, 1 had a mis
fortune, ma'am," replied tbs girl, cast
ing down nef eyes.
" What, bare y oa not been married T
"Ho ma'am, not yet"
"Good heavens I Dr. Middleton, what
ean yon mean by bringing this person
REPUBLICAN,
here 7" exclaimed Mrs. Easy. "Not
a married . woman, and sho has a
ohrld I"
"If you ploase, ma'am," interrupted
tbo young woman, dropping a court
osy, "it was a very little ono."
"A very little ono I" exclaimed Mrs.
r.asy.
"Yes, ma'am, very small Indeed, and
died soon after it was born."
Tbat is tbe argument now of tho
Senator from Maine. Now 1 care not
if there is but one soldier in Arkansas,
or it there is none there, the authority
existing at tbe White House is the
torror at lost. We all know it is not
the commandor of the forces or the
forces thomselvos, but it is the author
ity that lies back of tbom which is to
be feared. The flag of the United
States on a piece pt land, though there
be no soldier there, is what strikes
terror to the person who would molest
the proporty -of the Union, It is not
tbe poor disabled soldiers out at tbe
Soldiers' Home whom tho pooplo four
wbo may go tbera to commit depreda
tions aud destroy that property, but
it is what lies behind them. Tne fow
shillings that brought Charles' neck to
tbe block would not have paid for a
cnffln to bury him. Tho tax upon the
tea that brought tho Rovolution about
was not worth the lilo ot tho meanost sol
dier that died in tho cause Away
with such arguments about the size of
the Army I It could almost in the
twinkling of an eye be mado twenty
thousand to choke the liberlios of a
Slato to death and trample it nnder
toot torevor.
Mr. President, I wish to road, beforo
I quit thut branch of the subjoct, from
a loiter of the present Secretary of
State when be was Attorney General
in 1868. It was addressed to Alexan
der Magruder, a United States Mar
shal, by n illiam M. r.varts, Attorney-
General, and at that time Mr. hrarts,
as the papers bad it, was confined in
uis room living un uruuu hiiu water uy
way of physical diot, and on 11 awkins'
Pleas of the Crown "and' Howell's
State Trials and York on Forfeiture
by way of mental diet to proseculo Mr.
Davis snd tbe leaders of the robollion
for treason. Uoro is his letter :
"The special duty and authority in
the execution ol process issued to you
must not bo confounded wllh the duty
and authority of suppressing disorder
snd preserving tbe peace, which undor
our Government, belongs to the civil
authorities of the Slates, and not tbo
civil authorities ot tbo United States."
That was common school. boy learn
ing until the statute of 1865 was pass
ed. Tbat is what Judge Cooloy says;
tbat is what all tho authorities Buy.
Alter staling the Marshal's duties un
der the law, Attorney-General Evarts
proceeds :
"I have thus called your attention
to the gcnoral consideration bearing
pon tbe subject to which your letter
refers, for the purpose of securing a
due observance of the limits of your
duty and authority in connection there
with. totbiMw, ..u bo leoe In woeorj-
ance with the nature ot our irovern
ment or tbe disposition ol our people
than a frequent or ready resort in uni
tary aid in tbe execution ol tbe duties
confidodtocivil officers. Courago.vigor,
and intrepidity are appropriate quali
ties for tho civil service which tbe
Marshals of the United Stales are ex
pected to perform, and a reinforcement
of their power by extraordinary moans
is permitted by tho law only in extra
ordinary emergencies."
Using the very language of Judge
Cooley. I will not road the Icttor of
General tiranU it is Iresh in the
memory of the Senate, having been
read by the Senator from Maryland
r. Uroomel the other day. it pre
ceded this. Written in 1806, It came
bofore the letter of Mr. Evarts. In it he
said that be hoped tbat it would never
bo, particularly in bis official enroor,
necessary to uso military force at the
elections, and he used substantially tho
language that Judge Cooley docs. Ho
deprecstod tho use of military force
then, as evory patriot must aopiocate
it There must be no two ideas on
that subjoct
But says tho Senator from Maine,
this was a war moasure, a moasnro in
grafted upon the statute-book in time
of war. We havo been told by one of
tho bost decisions cvor doliveretl by
the Supreme Court of tbo United
Stklcs that we had a Constitution tor
peace and for war as well tho same
Constitution for both. I propose to
read, as familiar ss that is, one or two
sections from tbat decision. I refer to
the celebrated Million case, or.eot the
opinions that were made not to dio :
"Tho' Constitution ol Ihe United
States is a law for rulers and people,
oaually in war and in peace, and cov
ers with tbe shield of its protection all
classes of men, a.t all times,, not mere
ly in peace, "and under all circum
slancoB. No doctrine involving" more
pernicious consequences wns over in
vented by the wit of man than that
any of Its provisions can bs suspended
during any of the groat exigoncios of
government. Such a doctrine leads
directly to anarchy or dospotism, but
tho theory of necessity on which it is
based is lalso; lor tne uovornment,
within the Constitution, has all tbo
powers granted to It which aie neces
sary to preserve its existence, ss has
boon happily proved by the result oi
the great effort to throw off its just
authority."
Tbat is tbo decision made almost
immediately after the first hush of
arms on ths soil of this country at the
closeol tbe lato war. I can imagine, And
so I suppose can the eminent and dis
tinculshed lurist wbo delivered this
opinion, that in case of war there might
oe no eloction at an ; it tnigua no ap
the wbolo election machinery and put
it away : but it tbera la an eloction
it must bs tree, because ne stuitinos
himself who ssys an election is sn olec
lion when it Is not free.
But grant that ths war power, if
yon please, like ebarity tbat covers a
multitude ol sins, tustines an tnese acta,
wbat war is going -on now iu this
country? Where is there any -war;
The Senator irom jdassacnuseiiB I nr.
Hoar when he introduced his roving
resolution some dsys sgo I mean no
disrespect by calling it by that name
prefaced bis remarks by ssying mat
there was no war, that it was a time
ol profound peace, when the tramp
of the soldier was not heard, or words
that effect. Now, where is the warT
All tbe States are back in this Govern
ment, or, to nse tbe happy expression
of Mr. Lincoln, are in practical rela
tions with tbe General Government
and the bare fact of tbe smallness of
ths Armv. tbst the Senator from Maine
planted bimselt npon so squsreiy, a
fact sufficient to prove tbat there ia no
war, and the pretense of keeping the
f'eace at the polls is a sheer pretense in
act.
Now, the "extraordinary emergen
e." to nse tbs Isngusge of Mr. Kvarts
. r : .
and of Judge Cooley, does not exist
for tbs exercise of this power. We
are aa peaceful to-day in svsry part of
the South (so far as that is attempted
to be made tbe Ireland ot this country)
as in Massachusetts or in Maine or any
other porlion of the Union ; and the
complaint tbat wo have against the
gentleman on ths other side and thoir
patty and 1 am not muab nl a com
plaining man ; 1 aih as accenting a
man as you will ever find, I expect
is thut thoy are shedding or attempt
ing to shed at this tune, as David ao-
cused Joab, the blood of war in time
of peace. You cannot run this coun
try in time of peace1 in a war harness ;
tho country will not permit it If there
was a necessity for it In l8Un, whicb 1
Bay legally and constitutionally there
was not, tbat nocessity no longer ex
ists. It is a maxim of the old system
of tbe old law that the reason of tho
law Boosing, the law should cease. If
the necessity that brought forth Ibis
law existed, but has departed, lot this
law depart with it That is the com
mon sense, that is tbs plain, unvarn
ished English of this matter.
JNow, a fow words as to the appro
priation bill ; for I have finished the
other branch ot tbo argument. Com
plaint has boon mudo tbat repealing
these sections in an appropriation bill
is not to bo pormittcd. Mr. President,
this has bocomo sanctioned by a prac
tice now nearly as old as 1 am in this
Government. It has become so com
pletely interwoven in tho very web
and woof of tho Government in its
larliainentary courso that there can
e no going behind it, no disputing it.
Men of all parties have done this thing.
Tbe Senator Irom West Virginia Mr.
Hereford! the othor day, the Senator
from Indiana, Mr. Voorhees. and tbe
Senator from Kontucky, Mr. Beck,
showed various acts ot this kind on the
Fart of the party that opposes the bill,
do not wish to rctor to any of thorn
for the purposo of showing tbeir short
comings.
The power of the House of Repre
sentatives to originate nionoy bills and
as the powor of Congress to raise and
to support armiesaro unlimited except
tbodurationof tboappropriation. They
are th9 judges of how it shall bo dono
and what disposition shall be made of
it : can tney unit an Army appropria
tion bill in which Bomo provision pro
viding how tbo Army shall be com
manded, where it shall be, and when
it shall go, is not to bo found ?
Tho appropriations for building
bridges, for erecting publio buildings,
and so on, contain provisions of that
character. For symmetry and proprie
ty of legislation, 1 admit with the Sen
ator from Delaware Mr. Bayard that
it IB proper and right in itself, but
nothingshortof n constitutional amend
ment can over get it out of ottrsystom
of legislation. There is ono statute of
this sort tbat 1 shall be pardoned for
referring to, because my memory loves
fondly to linger npon it. Thai is to be
found in sixteenth Statutes at Large,
page, 235. In the gonoritl legislative,
executive, and judicial appropriation
bill, thero I find the following :
' 'J ... j ... m l, I. L.
may be rendered by the court in ravor
ol claimants, $100,000: Provided.
Hero ccmcs a long proviso I shall
not read it all, but it is what is known
as the celebrated Drake amendment
in which the wbolo law and the whole
system of pardons by the President
was attempted to bo preserved and
tho doctrine lying at tho bottom of it
turned back on the country. For
examplo, instead of tbe pardon
when it was produced in tbe tourt
of Claims showing that tho man
was loyal, it was to be taken as evi
dence that be was disloyal, and the
Supreme Court was denied jurisdiction
of a cose which bad been dismissed on
a plea of that sort But tbe safety-
valve of tho Government bad not yet
been expelled from this country, and,
when Klein's case ( reported In Id Wal
lace) went to the Supreme Court they
said to these gentlemen, "Stand aside,
the Supreme Court has already said in
a case in 4 Wallace that ' the pardon
was as broad as tbo offenso and neces
sarily the graco must bo as broad as
the sin; and when tbe man is pardoned
he Is" restored aa though he had never
committed tho offense." I myself re
coivod Irom Andrew Johnson a pardon
as big as a Dutch blankot. I pleaded
that in the Supremo Court, and they
announced tho doctrine there that I
was as fully good a man, if not some
what better, tbun I was bofore 1 com
mitted treason;. and in tbe case of
Klein, in 13 Wallaeo, tho Supremo
Court said this celebrated Drake
amendment could not stand ; it was
unconstitutional I will not use tbo
word revolutionary, but that came as
near being a revolution by legislation
as any I have boon shlo to find on tho
statuto book it snbvortcd tbo wholo
doctrino of pardons and tho power ot
the President to grant them and the
operation of a pardon when granted ;
and therefore tuis.acl must stand as u
it never had boon passed. After pro
viding I lOp.000 for tbo Court of Claims,
that act wont on to say :
"Provided, That no pardon or amnesty
granted by tho President, whethor
general or special, by proclamRtion or
otherwise, nor any acceptance of such
pardon or amnesty, nor oath taken, or
olber act performed in pursuance or
as a condition thcreot, shall bo admis
sible in ovidenco on the part of any
claimant in the Conrt of Claims as
ovidenco in support of any claim against
tho United Slates, or to establish the
standing of any claimant in said court,
or his right to bring or maintain suit
therein; nor shall sny such' pardon,
amnesty, acceptance, or othor act as
atiirosaid, heretofore offered or put in
evidonce on behalf of any claimant in
said conrt, be used or considered by
said oourt, or by the appellate court on
appeal from said court, in deciding
upon the claim of said claimant, or any
appeal therefrom, as any part of the
proof to sustain tbs claim ol the claim
ant, or to entitle him to maintain bis
action in said Court of Claims, or on
appeal therefrom ; but ths proof ol
loyally required by the twelfth section
ot tbs act of March 3, 1863, entitled
"An act to amend an aot to establish
a court for the investigation of claims
sgsinst tbe United SUtlee," approved
February 24, 1865, and by the third
section ol the aot entitled "An aot to
provide for the collection of abandoned
property, and for the prevention of
frauds in Insurrectionary districts
within the United Slates," approved
March 12, 1803, and by the third sec
tion of ths act sntillsd "An sot to pro
vide for the appeals from the Conrt of
Claims, ana lor other purposes, ap
proved June zEi, IKON, shall be made
by proof ot the matters required by
said sections, respectively, irrespective
ot tbe effect or any executive procla
mation, pardon, amnesty, or other act
ol condonation or oblivion. A na in an
cases where iudgment shall havs been
heretofore rendered in the Court of
Claims In favor ef any claimant on any
other proof of loyally than auoh as is
above required and provided, and
whicb is hereby declared to have been
and to be tbs trus intent and meaning
of said respective acts, tho Supreme
Court shall, on appeal, have no turthor
jurisdiction ot the cause, and shall dis
miss tbo same for want of jurisdiction :
And provided further, That whenover
any pardon shall nave heretofore been
granted by the 'resident nl tho United
States to snr nerson hrinirini. suit in
the Court of Claims fur the proceeds
ot abandoned or captured property
under tho said act approved March 12,
1863, and tbe acts, umendutnry of the
same, and such pardon shall recite, in
substance, that such person took part
;n it- I . . ...i.-! I ; ; -u.
in ,uo lufcv ivubiiiuu aaiusi vuv uuv
ernmont of tbo United States, or was
guilty of any act of robollion against
or disloyal to tue i nitea states, and
such pardon shall have been accepted
in wriling, by the person to whom
tho same issued, without an express
disclaimer of and protestation against
sucn tact ot guilt contained in such ac
ceptance, such pardon snd acceptance
shall be taken and deemed in sucb
suit in the said Court of Claims, and
on appeal therefrom, conclusive evi
donce that such person did take part
in ana give aia ana comiort to the late
rebellion, and did not maintain true
allegiance or consistently adhere to the
United States ; and on proof ef such
pardon and acceptance, which proof
may no beard suinmarny on mouon or
otherwise, the jurisdiction of tbe court
in the case shall cease, and tho court
shall forthwith dismiss the suit of such
claimant. . .. .
It was decided in England and fol
lowed in this country on the question
ot pardon, that after a man bad receiv
ed his pardon, an action of slander
would lio against a person for accusing
him of committing the offence of which
he was pardoned. That doctrine has
boon repeated hero in this country.1
Now they reverse the eughie complete
ly, and say when he exhibits bis par
don it is proof that be is disloyal. .Tbe
Lourt ol Claims dismissed Jvletn on
that, anil he appealed to the Supreme
Court That is the statute which it
would be well for tbe people to re
member and not forgot. It is one of I
those unfortunate things that occur in
time of high partisan feeling, but which
I for one bope has passed away never
to return, the last semblance or which
being the matter we now have in hand
1 will not say all these acts were
passed with a view to coercivo pur
poses, but all these acts tended to tbis
ana lot ibv student oi the philosophy
ot tho history of our Governmont and
its nature think of that a moment
tended to make what I believo Mr.
Thaddeus Slovens claimed openly in
tho otber House, that this was a Con
gressional Govornmont as distinguish
ed from a constitutional government ;
that Congress was the government of
this country as Parliament was of En
gland. But soon after the passage of
these acts, ot course not lor tbo purposo
ol coercing Andrew JohnBon nobody
would say tbat failing to secure what
they sought was in hand through Con
gress, Ciesar came and with the corn-
also wuuld vi'Um that, was Ueoltu?o
should come, and it was believed that
through the President, General Grant,
all things could be accomplished with
or without the Legislation of this char
acter, notwithstanding tho grand lettor
he had written in 1866 when he was
General-in-Chief of the army.. If such
statutes bb this can find themselves on
an appropriation bill let no man, wo
man, or child in this con u try complain
of that mode ot proceeding so that we
take-caro that there shall not be un
constitutional provisions incorporated.
Butfurther, when we met in Decem
ber under the law, our term was limi
ted to the 4th of March. In the great
clash of business requiring the passago
of bills and the pressure for investiga
ting different measures, these provis
ions of ths statute which the country
domands shall bo repoaled -bad little
or no opportunity for consideration in
scparale bills. Tbey would have per
ished cither in one House or the other,
or between tho two, as it turned out
they did at the last hours of the sosr
sion. Now mark. Immediately upon
that tho Congress is called together,
for what purpose 7 For the purpose of
considering appropriation bills alone
How else are you to get off these pro
visions that, II 1 am not mistaRen, tbe
country is loudly clamoring for the re
peal ol? The President's message ia
not longer than the blade of an ordin
ary ponknife, calling ns together. He
calls us tor two appropriation bills.
He says virtually, "consider them, ana
go home." We proposo to consider
them with all othormeasares necessary
to protect tho rights of citizens in this
oonntry. -"
The Senator from Maine the other
day undertook to frighton ns by telling
us this lino Cspttol would have to go
down and not be kept np, and our
commerce would be suspended, and
our Supreme Court and other courts.
That there may be no misunderstand
ing on that proposition; so far as I am
concerned, 1 have to say tbat I would
see this building crumble and given
up to the owls and bats and rats, ana
overy shin of ours rot in its moorings,
and the Supreme Court and all the
balance ol tncro suspended oeiore i
would sue, without attempting to pro
tect them, tlie rights of the humblest
citizen shackled by legislation of Con
gress, or the humblest citizen of this
country deprived of his right In any
way. The twelve L ulnars, when -tney
punished mon for what thoy thought,
boasted of the splendor and grandeur
of their great city, when thoir legions
were trampling their citizens under
foot as so many leaves In the forest
Tbey bad tbeir biasing avenues ; they,
bad their grand domes and tbeir mag
nificent palaces ; but tbe personal lib
erty ol the citizon was gone. Give me
that first, and 1 will then belp taild
your fine temples and your commerce
and all that i ne eoast oi me rvngusB
government is tbat its humblest oilizen
will receive its protection, if it be at
the mouth of their cannon, whether
he is on their own soil ot foreign dis
tant soil, snd that is the secret of Ihe
strength and power of that govern
ment to-day. I t-oneur with tbe elo
quont words of the senator from In
dians, tbat tbe people are not going to
stsnd upon tbe order in which these
vicious measures shall be taken from
the statute-book ; tbey want then off.
VYe have asked to have tbem taken on,
and if wo cannot get them out of the
way by any other means than through
appropriation bills, bring on your ap
propriation bill ana let ns nave tnem
there.
There is no eeereton in this ; I mean
no coercion to tbs President He is
as independent in his sphere as we are
in ours ; ar.d ws are as independent
in ours ss be is in bis, ltd we wnen
we psssed the Chinese bill send over
to nitn to k'now whether be would
veto it or not 7 Did we when we pass
ed the silver bill 7 Are we reduced to
this tbst ws must senJ to him as it
were in the old code of practice a "let
ter missive" requesting him to bald
up his band T Let aim do bis duty and
let us do oar duty, and the all will
go on well. : I bare no fault to find
with these gentlemen if they eonsciea.
tiously believe this, but I repudiate tho
idea that any porson on this side wants
tv uuwruw tuo rreetusuu io intima
tion of that character has been fivea
oat We heard floating nronad EE
rumors that bs would veto the Chinese
bill, and it fell with his veto. We
beard then as now that he would veto
the silver bill ; which be did, and ft
was passed almost before bis veto waa
dry on the table With a general sen
timent bore at this session svidenced
by the resolution Introduced by the
Senator from Vermont Mr. Edmunds
that we should consider no general
legislation during theMtaiuii, how are
we to spproach and get thia second
bill of rights for tbe American citizen
except through tbe medium of the ap
propriation bills ? If the Senators on
tbe other sido give us a plan, I am
perfectly willing to adopt it.
So, Mr. President, this measure la
itself is unjust and it should go out ot
ths statute-book. Tbat I do not be
lieve any man can doubt. Is it prop
er tbst tbe repeal should be in an sp
propriation bill 7 It is supported by
precedent so long back that the memo
ry of man runneth not to tbe contrary ;
and if it was not, thero is no otber
means to get at it but through an ap
propriation bill.
1 have discuss ed the duestion aa it
suggested itself to me, and I have done
it in good leoliug to all. 1 believe yet.
notwithstanding the threat of coercion
and revolution and all that, the coun
try will still live. Somehow or otber
it managea to ojet along and live. I ,
believe yet a bright destiny uT before
us, but that destiny is best secured by
adhering to the Constitution, never
going away from it; and adhering to
that, I believe tbat yet; like the hand
on the sun-dial, we shall count only
toe nonrs tbat are bright.
He entered the grocery store, said
not a word, but allowed bis can to
swing to and fro exactly as tbe .
pendulum of a clock, Tbe grocer only
asirf, "No, we sell nothing on tick,
and the man with the can passed sad
ly and silently out
EDUCATIONAL.
BY N. L. MvQUOWN..
Joseph Showers and Samuel Bell
were chosou Directors for West Clear
flold school district, at the lata eloc
tion. Miss M. C. Weld, of Beccaria town
ship, is attending the National School
of Elocution and Oratory, at Philadel
phia. Mr. John McLarron, of West Deca
tur, and Miss Ada M. Ale, of Clear
field, passed the necessary examina
tion before tbe committee on perma
nent certificates, and received from the
State Superintendent the Teachers'
State Certificate.
In the death of Mr. Samuel Wido
mire, of Penn township, tho people of
that district lose a devoted aud effi
cient School Director. He bad served
as Seoretary of the Board for years,
discharging the duties of that position
with fidelity.
In the year 1870, the growing State
of Nebraska employed 536 teacbars
for her schools. In 1879, sbs employ
ed 3,730, and expended for the main
tenance of bor publio schools, six hun
dred and twenty-nine thousand dollars.
The Stale appropriations to the
school districts of the county are grad
ually being paid. Tbe delay ot these
payments has embarrassed our school
nrtieam wrest I v n Mum hawavwr
can be attached to the manager of our
system, as the condition of the State
finanoos has rendered the State Super
intendent powerless in this matter.
We think, however, such a "dead
lock" will not occur soon again.
The Committee of Examiners for tbe
Lock Haven State Normal School will
commence the examination of the
graduating class, on Mopday, the 7th
day of July. The class numbers thir
ty, three of which are from this coun
ty. Tho Board of Examiners consists
of Hon. J. P. Wickerahsm, Hon. Henry
Houck, Dr. Edward Brooks, N. it.
Schenck, Superintendent of Cameron
county, and tbe Superintendent of
Clearfield county.
' From tbe statistical report sent
from this office to the State Superin
tendent, showing tbe workings of tne
system in this County, we glean the
following figures: Number of male
teachers employed, in the County in
1878-9, 118; female, 98. Average age
of teachers, 25 ; number fhobve had
no experience, 60 ; number who have
attended a State Normal School, 83 ;
number of Normal School graduates,
7 ; Collego graduates, 4 ; number of
partial lailuros, 11; total failures, 7.
Average grade of provisional certifi
cates, 2 ; number of graded schools
needed in ths County, 10 ; number al
ready graded, 33 ; number in which
the Bible is read, 141 ; number in
wbicb vocal musio is taught 88 ; num
ber in whicb somo of tne higher
branches are taught, 36; estimated"
number of children of the proper age
not in school, 705.
The substance of a Supreme Conrt
docision is tbat the rights of the
teachers are to be respected ; tbe law
confides to school masters and teachers
a discretionary power in the infliotion
of punishment upon the pupils, and
will not hold them responsible, crim
inally, unless the punishment be sock
as to cause permanent injury to tbe
child, or be inflicted merely to gratify
their own evil passions. Tbis is not
only important to school teachers, bat
to the parents who think tbeir chil- '
dren abused when punished in school.
RtpoBT or PoaTxaa' Run School.
This School war taught by Miss Lila
C. Shoff. Edith Wright attended every
day of term. Per cant ol attendance
for torm, 78 ; number or visits irom
directors, 4 ; from parenta,4 ; enchase!.
Bed visits, 10.
Civilization. When, according to
Darwin, men were apes, they threw
oocoanula, -When apes became men
they threw bricks. This Is a sign or
civilization.
tuouqht roa tbachms.
"In tbe general, appeal not to the
fear, but to the reason and the man
hood of pupils."
Begin each recitation with a brief
review of tbe previous day's lesson.''
"lyet the aim be thoroughness. Leave
nothing behind which the class ban
aot absolutely mastered.'
"Our best teachers punish least.
When It can not be avoided, punish ;
bat exhibit no anger, nor nraoUoe lav
reasonabls severity in doing ta"
When tbe lesson ie assigned, ex
plain somewhat its more difficult feet-
ares, and show papite bow to stady It
to advantage. Lacking Ibis prelimin
ary aid. they will needlessly waste
saacb time and energy and perhap
eome to the rcoiUUon diaraged."
"Unless tbe leexrbea takes OEPe to
furnish his own mind, he will soon find
bis present stock of knowledge, bow
evsr liberal that nay be, sailing frets
hismsmory and beoeming nnayailable.
To prevent this, and to keep abreast
wllh tbe ImprovaatenS ef the ty, aa
should regularly pursae some ccp"
of study.
(Jlaartaid, Pa, aaaf M, ta,