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1 Fair Juries, Free Elections: The Military Subordinate to Civil Authorities 1879

handle is hein.trials/fajurfr0001 and id is 1 raw text is: FAIR JURIES, FREE ELECTIONS. rhe Military Subordinate to Civil Authorities. SPEECH OF HON. FRANK HEREFORD, OF WEST VIRGINIA, DELIVERED IN THE SENATE OF THE UNITED STATES APRIL 11, 1879. Mr. Hereford. Mr. President, I ask the secretary to read the resolution on which I propose to address the Senate. The Vice-President. The resolution will be reported. The chief clerk read the following resolution submitted by Mr. Hoar on the 21st, of March : Resolved, Tbat the refusal by one House of Congress to m-ike necessary provision for the supportof the executive, legislative and Judicial departments, and for the defense of the country, except upon condition that the other House and the President slill give their assent to the legislation which they disapprove, and the refusal by Congress to make such provision except upon condition that the President shall give such assent, are unconstitutional, revolutionary, and if persisted In must lead to the overthrow of constitutional government and the destruction of national life. The Vice-President. The Senator from West Virginia calls up for consideration the resolution just reported. The question is, will the Senate agree to the same? Mr. Hereford. Mr. President, on the 21st of March the Senator from Massachu- setts (Mr. Hoar) introduced into this body the resolution which hasjust been read. On the 25th of the same month be delivered in this presence an elaborate and care- fully prepared speech, in which we find, among other statements, the followir:--e. The purpose of our assembling is not chiefly a legislative purpose. It is, it pm right in my view of it, an attempt, by a simple but most effective process, t4i do away with that clause in the Constitution which provides that it shall be amented only by the assent of two-thirds of each House and three-fourths of the States, and that no amendment shall deprive any State of its equality in the Senate without its consent. The power which rightfully can be transferred from the President only by three-fourths of the States and from the Senate by the unanimous consent of all, 't is proposed to get into the hands of one House by a very simple and effective pro- tess. Farther on he says: It is now proposed to declare that neither he nor the judges shall receive this compensation- Referring to their salaries- unless he will flatly violate this clause and sign a bill he does not approve. This is a scheme to coerce the President, not in his executive capacity, but in his func- tion as a part of the Legislature. This, Mr. President, is a remarkable resolution, and it was followed by a remark- able speech ; a speech especially remarkable coming from the source it does. What is the question presented to us? What is it that is unconstitutional and revolution- ary? The last House of Representatives had before it two bills ; one for the sup- p rt of the army, upon which, after making all the necessary appropriations, it in- grafted a provision providing in substance that no part of the army should on the day of election be at a place where any general or special election is being held in a state, unless it be necessary to repel the armed enemies of the United States, and which further imposes a penalty for a violation of the provision. The House of Representatives also bad before it another bill, making appropria- tions for the legislative, executive and judicial expenses of the Government. All the moneyfor the support of the Government was appropriated that was asked for- the last dollar. To that bill was attached the repeal of the iron-clad oath, which Reproduction by Permission of Buffalo & Erie County Public Library Buffalo, NY

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