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the RECORDE SERVICE MA to "Mr. LODGE. I have reflected on it, and I think there is much force in what the Senator from Arizona says. Cer- tainly until 3 weeks ago it could be assumed that the Presi- dent had the power to send the Army or Navy or the Marine Corps anywhere in the world he wanted to send them, but in the action which Congress took a fortnight ago it imposed a limitation upon the President's right to send the National Guard or the Army Reserves out of a certain area." (p. 10896) "Mr. ASHURST. I fear the Senator's amendment is what we call a brutum fulmen, a harmless thunderbolt, though it is a provision which should be in this bill. I am of the opinion that the present Chief Executive, or any other Chief Executive, would be inclined to respect an expression of this sort by the Congress, incorporating into the bill certainly the legis- lative wish and hope, the expression of our opinion that drafted troops should not be sent to Europe to participate in the wars of Europe; but such an expression is not legally binding on the Executive. "Mr. President, let us be under no illusions. Let us not, after we have passed a very important piece of legis- lation, discover that we have given to an Executive a large army, he may do with as he pleases. "of course, very able lawyers disagree with my conclusion; but, after long study, and having passed through the experi- ences of the first World War, in which our country partici- pated, I say to the Senate in all solemnity that if we give the President this army he may send it where he chooses. "Mr. LODGE. I think there is, of course, a great deal of learning and force behind the Senator's statement, as there always is in every contribution he makes to the Senate." (p. 10896) "Mr. LODGE. But I feel that the amendment certainly can do no harm." (p. 10896) * * "Mr. ASHURST. On the contrary, so far from doing harm, I think Congress would be recreant to its duty if it failed to include such an amendment in the bill. It is the only way we have of making known our view on the subject. - 2 -

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    "ocrText": "the RECORDE SERVICE MA\nto\n\"Mr. LODGE. I have reflected on it, and I think there\nis much force in what the Senator from Arizona says. Cer-\ntainly until 3 weeks ago it could be assumed that the Presi-\ndent had the power to send the Army or Navy or the Marine\nCorps anywhere in the world he wanted to send them, but in\nthe action which Congress took a fortnight ago it imposed a\nlimitation upon the President's right to send the National\nGuard or the Army Reserves out of a certain area.\" (p. 10896)\n\"Mr. ASHURST. I fear the Senator's amendment is what we\ncall a brutum fulmen, a harmless thunderbolt, though it is a\nprovision which should be in this bill. I am of the opinion\nthat the present Chief Executive, or any other Chief Executive,\nwould be inclined to respect an expression of this sort by\nthe Congress, incorporating into the bill certainly the legis-\nlative wish and hope, the expression of our opinion that\ndrafted troops should not be sent to Europe to participate\nin the wars of Europe; but such an expression is not legally\nbinding on the Executive.\n\"Mr. President, let us be under no illusions. Let us\nnot, after we have passed a very important piece of legis-\nlation, discover that we have given to an Executive a large\narmy, he may do with as he pleases.\n\"of course, very able lawyers disagree with my conclusion;\nbut, after long study, and having passed through the experi-\nences of the first World War, in which our country partici-\npated, I say to the Senate in all solemnity that if we give\nthe President this army he may send it where he chooses.\n\"Mr. LODGE. I think there is, of course, a great deal\nof learning and force behind the Senator's statement, as there\nalways is in every contribution he makes to the Senate.\"\n(p. 10896)\n\"Mr. LODGE. But I feel that the amendment certainly can\ndo no harm.\" (p. 10896)\n* *\n\"Mr. ASHURST. On the contrary, so far from doing harm,\nI think Congress would be recreant to its duty if it failed\nto include such an amendment in the bill. It is the only\nway we have of making known our view on the subject.\n- 2 -"
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