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Congressional Record-House. Ja.Nuary14 1088 CONGRESSIONAL RECORD-HOUSE. JA.NUARY14. ,"".r·. BACON. Not at all. To provide for calling forth the militia to execute the laws of the .tu. Union, suppress insurrections, an~ repel inv~sion!'l. .. Mr. SPOONER. But Congress is given the power to mare1 To provide for organizing, armmg, and dtsclplmln$ the IOJlttia, and rules-"·rules f01' the gove1'nment and 1·egulation of the land for governing such part of them as may be employea in the service. of and naval for·ces." The Senator does not mean to be understood the United States, reserving to the. States, r~spectively, .t!J~ appomt­ ment of the officers, and the authonty of trammg the mtlttta accord­ that under that the power of Congress bas no limit? Does the ing to the discipline prescribed by Congress. Senator think Congress has the power to pass a law requiring · I say that all those general grants of power, endeavoring to the commanding general, if he is at the head of the Army, to reach every phase of the important things which relate to the keep his office and remain in Washington? · raising of armies and to the government of armies, are laid 1\fr. BACON. That would not be for the government of the down in this succession of provisions in a way which, to my Army. That would be for the government of the Commander in mind clearly points to the purpose of the framers of the Con­ Chief. stitution that the great power which would be lodged in one Mr. SPOONER. Now, that would not be a 1·ule for the gov- man if he llad the power to wield an army without restriction ernment of the Army, would it? · should be denied. to the President and should be given the Con- Mr. BACON. No; that would be in regard to the exercise of gress. and that the sole, indefeasible grant of power given to his constitutional powers. him ~as that he should be Commander in Chief. to exercise Mr. SPOONER. Congress did that. that great office subject to the superior power of Congress to Mr. BACON. Congress drd that? prescribe the rules for the government and regulation of the Mr. SPOONER. It enacted a law that the President should Army. "Government," I repeat, is a term which can not be transmit all orders to the Army through the General of the qualified. It is complete and entire and does not mean partial Army, that the General of the Army sho~ld rema~n in Washing- government. ton and that his headquarters should be m Washington. The Senator from Wisconsin will pardon me for having tres- i\lr. BACON. That was in the time of Andrew Johnson. passed so much upon his time. 1\fr. SPOONER. Yes. 1\lr. SPOONER. Congress may locate a fort in the State of 1\fr. BACON. I am inclined to think that Congress was within Georgia. can Congress pass an act providing that certain its riO'ht and its power when it did that. It may have been very h·oops sllall be assigned to that fort? poor policy and influenced by a very improper motive. Mr. BACON. I have not the slightest doubt of it; not a par- . Mr. SPOONER. Then Congress may provide what troops ticle. may be sent to this State or to that? Mr. SPOONER. What is there to this Commander in Chief? 1\fr. BACON. I think so, most undoubtedly. 1\fr. BACON. The Commander in Chief is to command the Mr. SPOONER. Or what troops shall be sent upon this serv- Army, subject to the power of the Congress to prescribe wllat ice and what upon the other? shall be done in its government. The government of an army , 1\Ir. BACON. Undoubtedly. · refers as much to where it shall be located as to what uniform Mr. SPOONER. And what ships shall be sent to the South it sllall wear. Atlantic and what shall be sent somewhere else? Mr. SPOONER. I mean particular troops. 1\Ir. BACON. I would not hesitate for a moment to answer Mr. BACON. I am speaki~g of particular troops. Congress ·"yes" to that. can prescribe that the uniform of the artillery shall be red-- Mr. SPOONER. If the President should make an order as Mr. SPOONER. Of course. Commander in Chief assigning an officer to a State, could Con- l\Ir. BACON. And the uniform of the cavalry yellow or buff. gress revoke it? l\lr. SPOONER. I admit all that. 1\Ir. BACON. Undoubtedly it might. Now, if the Senator l\Ir. BACON. It may prescribe that_there shall be so many will pardon me just a moment-- troops in this place and that many in the other. 1\lr. SPOONER. Before he passes away from this interesting With all due respect and the greates~ regard for the judgment point I should like to have the Senator inform me what power of the Senator from Wisconsin, I beg to say that I have never the President has beyond the reach of Congress as Commander heard on the floor of the Senate a doctrine wllicb, to my mind, in Chief of the land and naval forces of the United States. was more dangerous to the institutions of this country than the . 1\Ir. BACON. As the Senator invites it, I will answer in the doch·ine that the President of the United States has any power same spirit. in the use of the Army which can not be controlled by the law- Mr. SPOONER. Yes; on the basis of his argument. making power of the land, except the power to command. Mr. BACON. My opinion, Mr. President, as to the power of Mr. ALDRICH. Mr. President-- the Commander in Chief is this: I do not think every power ex- - The VICE-PRESIDENT. Does the Senator from Wisconsin erci. ed by the Commander in Chief must be dictated by Con- yield to the Senator from Rhode lsi nd? gres . I think there are certain natural functions of a com- Mr. SPOONER. Certainly. mamler in chief which, in the absence of restrictions on the Mr. ALDRICH. It is very evident that the Senator from part of Congress, any commander in chief can exercise-those Wisconsin will not be able to complete his remarks this even- . which are usually exercised. But at the same time I think there ing, and I should like to ask him if it would be agreeable to him is none which can not be restricted or controlled by Congress. now to yield to a motion to adjourn? If the Senator will ·pardon me for a moment-! fear that I Mr. SPOONER. I yield for that purpose. tre pass unduly upon his time, but I ~~11 take the time, with 1\fr. ALDRICH. I move that the Senate adjourn. his permission-just to state the proposition that all the clauses The motion was agreed to; and (at 5 o'clock and 32 minutes of the Constitution in connection with the grant of power to p. m.) the Senate adjourned until to-morrow, Tuesday, January Congress which I have just read indicate the very great solicitud_e 15, 1907, at 12 o'clock meridian. and earnest intention on the part of the framers of the Consb- bltion to take away from any one man the power to wield the Army independently of Congress; and even so jealous were they HOUSE OF REPRESENTATIVES. of the power that they were not willing even that Congre~s should have an undue exercise of that power, but. tJ:tat,, as m MoNDAY, January 14,1907. the case of the limitation of the length of appropnabons, they The House met at 12 o'clock noon. must go back to the people every two years for the purpose of Praver by the Chaplain, Rev. HENRY N. CounEN, D. D. getting that which alone can sustain an army. N?w, let ?le The· Journal of the proceedings of Friday last were read and read those several propositions for the purpose ?f 1~Iustratmg approved. the position that the evident purpose of the Constitution was to take away from any one man the dangerous power of unre­ ESTELLE CATHBINE WASSON. strained control and government of the Army. They had too Mr. CASSEL. Mr. Speaker, I present the following privi­ much reason to fear and to dread it. leged report from the Committee on Accounts. 1\fr. SPOONER. I do not contend for that. The Clerk read resolution No. 654, as follows: Mr. BACON. In the enumeration of the many powers ?f R esolved, That the Clerk of the Ho~se is here~y authorized and di­ rected to pay 1\!rs. --- Wasson, wtdow of William II. II. Wasson, Congress, the greatest enumeration of powers to be found m deceased. late assistant journal clet·k on th~ rolls of ,the Clerk of the any written document from the days of l\lagna Charta or pre­ House of Rept·esentatives, a sum equal ~o stx months pay at the rate vious to that time to the present day-among this great enumer­ of compensation received by him at the bme of his death, and a further sum not exceeding $250 on account of the funeral expenses of said ation of powers are these: will'iam H. H. Wasson, ~aid amounts to be paid out of the contlngent To declare war, grant letters of marque and reprisal, and make rules fund of the House. concernino- captures on land and water. To rais'e and support armies, but no appropriation of money to that The committee amendment was read, as follows : use shall be for a lQnger term than two years.
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