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Discussion:
"Mr. Bacon.
"Mr President, we have come to a stage where the executive
department orders the Army of the United States into foreign
countries, not only without the authority of Congress, not only
when Congress is not in session, but when Congress is in session,
and without even communicating the fact to Congress. We have
now in China I do not know how many troops, but I suppose from
what I have seen in the newspapers at the time that they were
sent from Manila-=which, by the way, was done, if I recollect
aright, while Congress was in session, without a word to
Congress about it.
"Mr. DU PONT. I can say to the Senator from Georgia that
there are eight companies there==two battalions.
"Mr. BACON. Eight companies, amounting, I presume, to
about 800 or a thousand men.
"Mr. President, there is not on the statute books a line
or a letter which authorizes the sending of those troops into
China. They have been there ever since some time last winter
or probably in the early part of the winter; I do not recollect
accurately about that; it is given out that they are guarding
a railroad--guarding a railroad under no treaty, under no
statute law or treaty law, simply a pure act of the executive
department, under the authority of the War Department alone or
under the direction of the President of the United States.
"Mr. President, the authority to send a thousand men
implies the authority to send 10,000 men or 50,000 men; and
unless we are to abdicate the functions of Congress, it is time,
in my opinion, when that matter should be brought to an issue.
It should be determined whether or not in this country, under
a government of law, as it should be, and not of men, it is
compe tent for the Executive or the officers under the Executive
to order soldiers, a part of the Army of the United States,
into a foreign country, not only without the authority of
Congress, but without even deigning to inform Congress of
the fact. (p. 10927)
"
o It is an act of war to invade another country,
and it is no less an act of war when a weak and feeble and
impotent country is invaded than when the powerful Empire of
- 2 -
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"ocrText": "Discussion:\n\"Mr. Bacon.\n\"Mr President, we have come to a stage where the executive\ndepartment orders the Army of the United States into foreign\ncountries, not only without the authority of Congress, not only\nwhen Congress is not in session, but when Congress is in session,\nand without even communicating the fact to Congress. We have\nnow in China I do not know how many troops, but I suppose from\nwhat I have seen in the newspapers at the time that they were\nsent from Manila-=which, by the way, was done, if I recollect\naright, while Congress was in session, without a word to\nCongress about it.\n\"Mr. DU PONT. I can say to the Senator from Georgia that\nthere are eight companies there==two battalions.\n\"Mr. BACON. Eight companies, amounting, I presume, to\nabout 800 or a thousand men.\n\"Mr. President, there is not on the statute books a line\nor a letter which authorizes the sending of those troops into\nChina. They have been there ever since some time last winter\nor probably in the early part of the winter; I do not recollect\naccurately about that; it is given out that they are guarding\na railroad--guarding a railroad under no treaty, under no\nstatute law or treaty law, simply a pure act of the executive\ndepartment, under the authority of the War Department alone or\nunder the direction of the President of the United States.\n\"Mr. President, the authority to send a thousand men\nimplies the authority to send 10,000 men or 50,000 men; and\nunless we are to abdicate the functions of Congress, it is time,\nin my opinion, when that matter should be brought to an issue.\nIt should be determined whether or not in this country, under\na government of law, as it should be, and not of men, it is\ncompe tent for the Executive or the officers under the Executive\nto order soldiers, a part of the Army of the United States,\ninto a foreign country, not only without the authority of\nCongress, but without even deigning to inform Congress of\nthe fact. (p. 10927)\n\"\no It is an act of war to invade another country,\nand it is no less an act of war when a weak and feeble and\nimpotent country is invaded than when the powerful Empire of\n- 2 -"
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