Rensselaer Union, Volume 11, Number 35, Rensselaer, Jasper County, 15 May 1879 — AN UNANSWERABLE ARGUMENT. [ARTICLE]

AN UNANSWERABLE ARGUMENT.

~ —— - - •• Crest Speech hr keastor Oonkllaf os the Army Approprlstlou Bill A Stress His tamest of DriumrsUc A Ism and farpoan, as 4 Coitvlnelng Besaona Why They Shonld Net !*renlL The following is a synopsis of the great speech of Mr. Conkling, delivered in the United States Senate previous to the late passage of the Army Appropriation bill: Mr. Conk ling began his remark* by Haying that during the ln*t lineal rear the amount of National tame Paul into the Traumry wa* Jfflt.Kll 461. Of this *um, $130,000,010 and n fraction were collected under the tariff law* levying duties on imported mcrclianduK', and $103.000 000 and a fraction on American production*. Of this total v 3:10,000.000 in roam number* -the twentywren Hiatn* who uttered to the Union during the war mid JXil Jd.'JBH. The renidne oame from eleven State*, namely: Alabama, Arkan*aa. Georgia, Florida. 1/muiana, Mississippi. North Carolina, Booth Carolina. Tenneeeee. Team and Virginia. These eleven States paid $13,627,192. Of tiii* sum more than $6,600,0(10 came from the tobacco of Virginia. Deducting the latter «um from the former, and the eleven States paid $7,126,462. Thu great *um wa* collected under law. The Constitution require* all bill* for raining revenue to originate in the House of Hepresentative*. They are not recent laws. They l.avr been improved and confirmed by succeeded Houses, and the last two Homes were ruled over by a Democratic Speaker. The bill* were reKrteti by a Democratic committee and passed a Democratic majority. Both house* are now Democratic, and we hear of no purpose to ret peal or nuspend the existing revenue laws. They are to remain and continue to operate and take the tribute of the people. If the gum stated ito be less than it wan last year, it will be only because the tobacco tax has been reduced. This vast revenue is paid for three uses. It in supplied in a time of great depression and distress to pay the debt in which we have been involved by the rebellion, to pay the pensions of widows, and orphans, and of cripples made by the rebellion, and to maintain the Government, preserved at an expense not to be estimated of life and treasure. To exact money and then forbid the nas for which the people paid it, would indeed be perfidious and abominable. There was only one mode in which it could reach such uses, and that an appropriation by law. The Constitution so ordains. The Constitution permits no discretion to a majority or to Congress whether it make needful appropriation or not. The Constitution, however, does commit to Congress the discretion to ascertain how much money is needed, but that done, the command to appropriate is positive and absolute. The command to make the appropriation is plain and peremptory, and a refusal to do so is revolutionary and treasonable. So. too, when tbe Constitution invests Congress with power to provide money to pay debts and provide for the common defense and general welfare, the plain meaning is tha» Congress shall do this thing, and a refusal to dothisisdisobedienoe to the Constitution and subversive of it. If the members of the Judiciary and Executive Departments failed to do their duties under the Constitution, they would be liable to impeachment. ( If members of the Legislative branch were likewise amenable to punishment for dereliction of duty, it would be a braver, if a not less guilty, act to violate their exalted trust. In ordinary times truisms like these would be needless if not out of place in the Senate. They are pertinent only because an oocasiou has arisen, unparalelled in American history, and, so far as he knew, in British history. If a precedent could be found it should not be in a country possessing a written Constitution plainly defining the rights of all liviu. under it. It was not to transplant but to leave behind the traditions of the struggle between the subject and the ruler that our fathers tied to these shores. It was to render impossible here the caste distinctions of an ill-adjusted society. The partisan spirit animating this debate, if it was anywhere misunderstood, was mistaken, especially in this body. To hear what w a called the debates on this subject one would think that the majority were arraigned simply because they were acting unconstitutionally in putting legislation on an Appropriation Dill. This was not the case. For himself he knew of no better reason than convenience, common sense and danger of a log-rolling combination to forbid putting all the appropriations on a single bill, A bill embracing such a huddle of incongruous provisions, if no objection to its separate parts was found, it was difficult to see on what ground a veto could stand. But objection to this legislation wonld be as strong if it had taken the form of independent bills. To separate bills might even have cloaked the sinister design of the legislation, and in that view would have been wise policy for the other side. In the case pending, the face of the bill itself shows that the legislation is not such as the Executive can rightly approve. It shows the design to be to coerce the Executive into violating his sense of right in order to permit the Government to live. Thus far the achievements of the Democratic majority had been easy, but the trial was yet to come and it would be more difficult. The party had got themselves into a predicament, and unless the Executive led them out they would have to back out. Mr. Conkliug said the effect of this bill is to prevent the suppression of any violence by any armed men acting under National authority upon election day. In New Ifork. every thug, shoulder-hitter, carrier of dirk or bowie-knife; every graduate of rat-pits, bucket-shops and Blu ms, the nurseries of what is nowadays called Demociacy, and every man from King’s Bridge to the Battery is advised beforehand that no enormity of his will be checked by law or officers of the Government. [Sensation.] Another bill, to be brought forward, provides that even if the elections are turned into bloody burlesques. National authority must keep away, though WhiteLeaguers may take an active part, armed, perhaps, with muskets furnished by the Government. If there ever was a time when such a law would be safe, that time is not now. They had been told that if the President refused to accept these bills with all their political excrescences, and yield to a majority, they will vacate their seats and leave the government moneyless. If the majority should make such an attempt, he (Conkling) hoped and trusted they would be called back as soon as need be, until they relinquished their monstrous pretensions ana abandoned the treasonable position. The Army bill was not the same bill in some of its features that was presented as the ultimatum of tbe Democratic party a few days ago. The pending bill condemned its predecessor. It had been found that the bill needed alteration. It did need it badly. The bill of the last session lacked a proviso. A proviso now came to save the right of the President to aid a State in the contingency contemplated by the Constitution. Without this priviso, as the bill was previously, it would puuish the President and General of the army and others whom it might concern for obeying the Constitution of the United Stabs and two acts of Congress, one of which was signed _by George Washington. Shorn of its absurdity, if the bill became a law, it would be the first statute of the kind found on the statutebooks of the United States. A century, with all its action and party strife, and Presidential discord and wisdom and folly, with all its patriotism and treason, had never yet produced a majority whA believed that such a statute was fit to be enacted. ml _ /i i x: g i ■ is i

The Constitution says Congress shall have power to provide for calling forth the militia to execute the laws of the Union. (Speaking to lawyers he wished to emphasize the word " execute." It had a deep legal significance. It warranted the nse of arms. Mr. Conkling asked his friend from Kansas (Ingalls) to read for him the section of the Revised (Statutes passed in pursuance of and to pnt into effect this Constitutional provision. While this was being done he took his seat for a moment. Oen. Sherman came in, was greeted bt Conkling and took hia.seat in front of the Speaker. Mr. Conkling resumed his Constitutional argument to show the authority of the Unitod States to us* troop* to preserve the peace. Th* law proposed to be repealed, he said, did not contain any authority forasingle soldier or armed man to appear at the polls. Its provisions were directed to the use of troops cniv as an organised peace-preserving body. The power of the President in this matter mated in the Constitution and act of 1795, and until 1876 this had boen deemed sufficient authority. The question of the extent of National authority rested somewhat on the locus, to nse a legal term. In a navy-yard or other place wholly under United States jurisdiction the authority to use troops to keep the peace could never be questioned. Under the act protecting elections, which gave the United States jurisdiction in Congressional elections, the right to enforce that jurisdiction was also conferred. Up to 1861 no limitation had ever been propoaed to this Constitutional right. In 1861 Oen. Schcnck and other Generals issued orders keeping certain men from the polls, and undertaking in some sort to prescribe electoral qualifications. Gen. McClellan—a Democrat, and of course originally inspired by the traditions of the Democracy, and he had never known a Democrat during the war who did not profess unlimited acquaintance with the spirit and meaning of the Constitution, even if he could not read its title —Gen. MoClellan had issued orders during the war which he (Conkling) now redd, interfering very strongly to preserve tbe peace at the polls and suspending habeas corpus. It was some time after this before the Democrats discovered the enormity of such practices. Two or three years afterward they resolved that the war was a failure, and hoped by the aid of their Northern sympathizers with the rebellion to gain control of the Government. The man selected as their candidate then was tbe same man who bad trampled the right of suffrage under foot and suspended that ancient writ sq dear to Anglo-Saxons. Such things led to the act of 1865, not to confer pow-er,-but to define and restrain it. It was introduced by a man of whom it is related that on one occasion he indifferently said, 11 Go on with your draft. I feel no interest in it. Kentucky’s quota is full on both sides.” [Laughter.) Even after tbe words “or to keep the peace at the polls” were added to his bill, Mr. Powell and other Democrats urged the adoption of the measure as amended. It wm aot, ah has been alleged, a war measure, inoperative in peace. It vras passed when the war Was 'n its last throes, when our armies were victorious everywhere under Sherman. It whs meant to* be, said to bo. and is a mere cheek. ; , . Mr. Conkling went on tb. analyze provisions of law to support his assertion that under the law troops could no more act without definite authority than a Sheriff oonld hang a culprit without a warrant of law. Jt also provided for the. very subordination of the military to the notbe used save when necessary. His fnend from Connecticut (Eaton) smiled, it was a lawyer's smile but hie mend knew that the repose of discretion *odiewhere ! i

was unavoidable. Discretion may be abused, VMM 4ft 4m kMMO hlmuMml from the earliest times, bqt it waa a necessary evil. Whv. in Heaven’* name, tn a republic where universal suffrage is cherished, which is governed by majorities, should election day be picked 01* as the ouly day us the year be banded over to rnffianism, brutality and dunrdag far. Conkling referred to the Democratic frauds hy false naturalisation papers in New fork elections, in some districte he eaid the democratic majorities were larger then the whole nmnlicr of men, women, children, horses, dogs and cats In the district. Yet, fraud by naturalisation papers and registration was bat a small part of the irregularity on {hat election. The election of 1870 was the first in which tho national Election law wae enforced and bloodshed waa feared. The terrihla scenes of the draft riots wete fresh in the minds of all. Fearing a repetition of them, good citizens asked 'the Preeident (or protection; and, in spite of the imprecations and threats of the Democracy, Grant protected them. That election was orderly, and when New Yorker* next nave onoeaiun to show their appreciation of Grant’s servioet bis action in 1870 touching this matter will not he hidden away by thoee who espouhed him wikelv, If this bill becomes a law, Bnptrvitonof Election will be merely look-ers-on. unable to deter bullies from intimidating voters. Many mtn have been prtmecuted and oonvicted under this law. The onurtn uphold its Constitutionality. But the theory of □nconstitutionality Ha* been abandoned. The Democratic caucus itself has acknowledged the worthlessness of that theory. Wo were told It cost money to carry out this law. Certainly it does. Bat the Nation which lavished hundreds of millions to preserve its Constitution would not stick at the payment of $200,000 to preserve free elections. Mr. Conkling said the remarks of tho Presiding Officer led him to remember to say something that the gentlemen wonld bo interested in—that the money squandered uselessly in the last River and Harbor Appropriation bill alone, or even interest on it, would enforce the Election laws to the end of time. Let the ruffianism at the polls in the interest of either party cease and there would be no need of fnrtiier expense in executing the Election laws. " Mr, President," said Mr. Conkling, “ has the present Executive been sufficiently robust in his policy «vga._ as to enforcing these laws?" He asked this in view of the fact that the next election would occur duriqg this Administration. Why was this attempt made to block the wheels of Government on the eve of an election ? Only one explanation, is apparent. It is a strike for party victory. With a . fair election the Democrats cannot carry the election. Therefore these laws must disappear. The Democrats knw that with matters in their hands, no matter what the Republican majority may be where the green gzsss grows in New York State, the Buss , pavement in the great city will overwhelm its This is a contrivance to catch the Government, but he believed the people of the country believed it was wisest to intrust the control of the country to hands which hart never been raised against it. They believed these laws were wholesome and ncoessary, and they would defend them to the uttermost point which opportunity allowed. Mr. .Conkling in his allusion to Mr. Davis, of Illinois, said that after Mrs. Winslow that Senator had ah inexhaustible source of soothing syrop. The Benator reminded him of one slumbering in a storm apd dreaming of a calm. The Senator said that rights were sacred South and North, and that there was peace and tranquillity and the laws were obeyed, therefore there was no occasion for apprehension or anxiety. Could rights be sacred when fresh-done barbarities show that elections in some portions of the land were despotism tempered with assassination, when old and young were flying in terror from their homes and the graves of their murdered dead? Bights secured when thousands brave cold, hunger and death asking among strangers for that treatment of humanity under a law which made them citizens while God made them men? He asked the Senators to read the memorial in their behalf containing the most shocking recitals of modern times—the blackest ever recorded in civilized or savage life. There was not such faith as the Senator possessed-no, not in Israel. “ Order reigns in Warsaw.” The Bepublican party wanted peace and prosperity in the South as well as the North, hut disregarding truth wrili not bring peace. Fair words butter no parsnips. This lullaby.and hush had been a mistake from the beginning. It has misled North and South. In Andrew Johnson’s time a Convention was held when a man from South Carolina and a man man from Massachusetts linked arms and walked into the Convention, and with much sensation and cordiality clasped hands when the tune of Dixie was played. Later, a celebration of a battle of the Bevolution took place in New Jersey, when there was a dramatic spectacular and a hugging ceremony. He remembered that Gen. Sherman attended one of them, but that soldier, with the hard sense and bravery which distinguished him. cautioned the assembled multitude not to be carried away, not to lie fooled. Of all such demonstrations. Mr. Conkling had this to say; Honest, seriouß conviction was not ecstatic or sentimental in grave affairs and lasting purposes. It was not expressed in morbid phrase or with sickly sentimentality. This was as true in regard to political as religious duty. The divine Master said: "Not everyone that sayetbto me. Cord, Lord, shall enter into the Kingdom of God, bnt he that doeth the will of -my Father which is in Heaven.” Facte were serious things, but the better way was to look them in the face. The Northern people preached no crusade against the South. When the war was over no man who fought against the flag was punished, even by. imprisonment. No estate was confiscated. Fvery man was left free to love liverty and to pursue hate Einess. After that the Southern States were reui.lded and restored to their relations to the Union. No man was disfranchised by National authority. No one man for one moment was denied the right to vote or hindered in anv 4>ther way. From the time that Mississippi was restored there never had been a time when Jeff Davis might not vote as freely as the Senator (Davis) in Illinois. The North was dotted with graves tenanted with the purest and best men, whose deaths were caused by the greatest and guiltiest rebellion that ever appeared in the annals of the human race. The generosity and magnanimity of the Nation in the hour of victory was the grandest sp- ctacle of the kind the world had ever seen. The same spirit prevailed now, and yet the alarm was sounded that the Republicans of the North seek to revive and intensify the feelings and passions of the war.and that Southern Democrats wish to sink the past in the oblivion of kind forgetfulness. The truth of this assertion could be tested right before our eyes. Twenty-seven States adhered to the Union. They sent to Congress 269 Senators and Representatives. Of this number 64 only were soldiers in the Armies of the Union. The eleven States which were disloyal sent 93 Senators and Representatives. Of these 86 were soldiers in

the Army of the KebelJion and at least three more held offices of high civil trust under the Confederacy, making eighty-eight oat of ninetythree. There were bnt four Senators here who fought in the Union Army. Twenty Senators sat here who fought in the Army of the Rebellion, and three more sat here who field high offioes in the Confederacy. In the House there were fifty Union soldiers from twenty-seven States, and sixty-five Confederate soldiers from eleven States. Tbe Sonth is solid throughout all its borders. There are only two Republicans here from the Sonth (Bruce and Kellogg), and it is whispered that there is an enterprise on foot to deprive one of them (Kellogg) of his seat. The South is manifestly solid. Can you wonder,” Mr. Conkling askid, “ if the North shonld presently become solid ? Do you not see that the doings now in the two houses fill the country with alarm and distrust as to the patriotism of the men from the Bouth? Forty-two Democrats have seats on this floor, or forty-three, if you add the Senator from Illinois, and he does not belong to the Democratic party, although 1 sav that any Demoorat who asks anything more of him is an insatiate monster. | Laughter. | Twen-ty-three is a clear majority of all, and twentyfour happens to be exactly the number of Senators in the Sonth and leaders in the late rebellion. Forty-two Senators rule the Senate; twentythree rule the caucus and a majority rule the Senate, and the caucus rules the ms jority. There is the same. Thing in the Hons* where assault arc made on' the Constitution and Execntiyc Department It is not an assault on the divine right of Kings, but on the right of the people. It would never have been inaugurated without the action of the twentv-three Southern Senators here and Southern Representatives in the House. Tho Northern people know and they see the lending

control of the Democratic party in the Sonth. “By their fruits ye shall know them.” The gentleman from Alabama (Morgan) said he preferred that the Democrats from the North shonld go forward in the dcliate. It wu tbe scheme of ns experienced politician. He would .employ northern lines as sappers and roinen to [make it look bettor. It was not from ci nelty to make them food for powder that he placed them ip the front of tbe battle. It was ttu hi better /that they shonld go forward to • ,nel the citadel. Putting the tail in front and the head in the sand only spoke of the sjieeies and habits of the bird. We were told that events bound the South. IVihaps the man who made this arrangement built lietter than he knew. “ I wonld.’ said Mr. Conkling, *' tell tbe Democrats that this is destined to bring from tbe North more united delegations. I find in the pending bill a clause providing for the retirement of officers of distinguished rank j with exaggerated pay,” but he supposed, with , other things, that This was 4h attempt to j coax officers now in the army to empty their saddles that others may get on. Concluding his . remarks, occupying three hours. Mr. Conkling j said that what the Democrats were now doing i wonld result to the advantage of the Repnblican party, but. considering the welfare of the South, he believed their action was flagrrnntly unwise and injudicious. What .the Bouth needed to heal the wonnds of the war was to plant, sow, in short go to work. Invite labor, cherish it and banish prescription for opinions and color. Reform it altogether. Drop sentiment and let material prosperity advance. Do not attempt to obtain possession onoe more of the Government and dominate the country. There is room enough at the National Board, and it ir not decorous that the South should be Macgregor at the head of the table. One of Rome s famous maxims was: ” Let what each man thinks of the Republic be written on his brow.” I have spoken in this spirit, bolding no'ill toward any man because he comes from the s' South. I have spoken frankly, bnt with malice toward ..none. bHt the point is this ri a partisan political enterprise. The debate was begun after the action of a caucus. It was raised to fire the Democratic heart, to fire a blast at the cohort* of the party, to beat the longroll and set tbe squadrons in the field. The obeet, it was plain to be seen, was to overthrow he laws if this could be done. Political speeobee i aving been delivered I have thus plainly, and I ' repeat without malice, spoken somewhat of my thoughts as to the duties and dangers of tbe |