CONGRESS, UNITED STATES. 



195 



that I have said no word to them or to any 

 man inconsistent with the declarations I have 

 made in these remarks. I challenge any man 

 to the proof, if he venture to join the issue." 



Mr. Brooks, of New York, said : " The 

 fourth article of amendments to the Constitu- 

 tion of the United States provides that ' the 

 right of the people to be secure in their per- 

 sons, houses, papers, and effects, against un- 

 reasonable searches and seizures, shall not be 

 violated, and no warrants shall issue but upon 

 probable cause, supported by oath or affirma- 

 tion, and particularly describing the place to 

 be searched, and the persons or things to be 

 seized. 



" Section eight of the law prescribes : " 

 And the marshal or his deputy shall arrest and 

 take into custody, with or without process 



"There is nothing in this act which forbids 

 the arrest of any man without process of 

 law." 



Mr. Bingham : "Mr. Speaker, there is noth- 

 ing in the bill, so far as the rights of citizens 

 and persons are concerned, that has not al- 

 ready been on the statute-book for two years. 

 It has been in force in the State represented 

 by the honorable gentleman from New York 

 (Mr. Brooks), and I have yet to learn that any 

 of the provisions of this law of which the 

 gentleman complains have been held unconsti- 

 tutional by any court, State or national." 



Mr. Randall: "You will not let it be tested 

 by the Supreme Court." 



Mr. Bingham: "Test it before any court. 

 That right is assured by the law as it was 

 originally enacted. The question might have 

 been tested in the Supreme Court. It was 

 not, because there was no doubt of the validity 

 of the law. G-entlemen talk about not letting 

 it be tested in the Supreme Court ! I do not 

 stop to argue the constitutional question now. 

 I gave these gentlemen an oppportunity ten 

 days ago to take the Senate bill on this very 

 subject from the table and allow it to be con- 

 sidered. And now gentlemen come and raise 

 the miserable quibble that there is some con- 

 stitutional privilege invaded here, because the 

 Senate has introduced an amendment to en- 

 large or restrict the terms and effect of an ap- 

 propriation, while it is in accordance with the 

 practice of this Government under every Ad- 

 ministration and in every Congress since it 

 was a Government. In the original test of 

 the bill was the provision for the expenses 

 which may be incurred in the enforcement of 

 the act of February 28, 1871, and thereupon, 

 the House having incorporated that provision 

 in its appropriation, and having appropriated 

 money to carry out the act, the Senate, accord- 

 ing to all usage, introduces amendments, re- 

 stricting, limiting, and prescribing the effect 

 of the appropriation to the particular act. 



"I consider the question gentlemen have 

 seen fit to raise now is a question as important 

 as any that can arise under the Constitution 

 of the country, and I propose to fight it out 



with them ; and that is whether, after refusing 

 in the regular course of business to take up the 

 independent Senate bill and consider it, and 

 record their united votes against it, refusing to 

 allow the Judiciary Committee to report a 

 substitute for that bill, correcting its verbal 

 errors, they are to come here now, under the 

 pretence of taking care of the Constitution, 

 and taking care of the rights of the people, 

 and inaugurate here in this Hall a treason." 



Mr. Kelley : " The gentleman from Ohio 

 (Mr. Garfield) appealed to the House to sustain 

 this bill, in order to avert a parliamentary 

 revolution. Why, sir, I have but stated the 

 proximate reason for my action ; but the un- 

 derlying and supreme reason was the desire 

 on my part to avert a parliamentary revolu- 

 tion. Sir, parliamentary or other revolution 

 is not likely to spring from imperfections in 

 the rules of the House, nor am I of the be- 

 lief that the rule of which he complains, 

 that which secures the right of a numerous 

 minority to defend its opinions, is an ob- 

 jectionable or dangerous one. During the 

 eleven years I have had the honor of a seat in 

 this House I have often felt that this reserved 

 right of the minority was exercised in an im- 

 proper manner, but I have always felt that, be- 

 ing here in a minority, I would also do what I 

 have always honored the distinguished gentle- 

 man from Ohio (Mr. Bingham), who has just 

 addressed the House, for having done in the 

 Thirty-fifth Congress. "When, sir, it was at- 

 tempted to control appropriations by refusing 

 to put a proper restraining clause in an appro- 

 priation bill, there was just such action by the 

 Republican minority, of which he was then an 

 honored member. Whether it was right or 

 not, for thirty-six hours the Republican mi- 

 nority held the Democratic majority in check, 

 and went to the country on the issue. That 

 action did much to secure to the Republican 

 party the magnificent results of the following 

 October and November elections. The coun- 

 try approved the action of the heroic Repub- 

 lican filibusters who had held in check and 

 defeated the powerful Democratic majority. 



" Sir, an inconsiderable minority have no 

 power to control legislation. A vote of two- 

 thirds will pass a bill on any Monday, or at 

 any time within ten days of a final adjourn- 

 ment. Moreover, if the rule be an unwise 

 one, it is within the control of the House, and 

 we can alter it. The danger of parliamentary 

 revolution comes not from this cause, but 

 from quite another quarter, and that is from 

 the absorption of all the powers of the Govern- 

 ment by the Senate.' That is the weak point 

 in our Constitution and our Government, and 

 never was it more glaringly demonstrated than 

 during the present Congress. I pause not to 

 allude to its ceaseless encroachments on the 

 functions of the executive department of the 

 Government, and will refer but briefly to facts 

 within the knowledge of every member. The 

 originating of revenue measures was confided 



