The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-12-25
Cited Authorities in Support of
His Contention.
ceived His Constitutional Powers.
No Soldier Could be Discharged
Without Triai-Scnator Lodge Made
Brief Reply to Senator Foraker.
Resolution Goes Over Until After
the Holidays.

Washington, December Ex-senator
Foraker occupied the attention of the
senate in it's last session before the
holiday recess today III an extended
criticism of the basis OF President
Roosevelt's action il dischaIging the
negro troops on account of the Browns
vile raid. He was replied to briefly
by Senator Lodge, while Senator Scott
sustained the demand OF the Ohio sen
alto for a full investigation Of the mat
ted by the senate military committee.
A resolution directing such an investi-
cation is before the senate for action
ar its next meeting.
Senator Foraker began his speech
with the broad declaration that the
president misconceived his constitu-
tional power when he discharged the
troops, and he also misconceived the
testimony on which his action was
based"
Continuing. Mr. Foraker said that the
presidents constitutional power was
simply to command the army and navy
as commander-in-chief, while to ON
gress the constitution gave power to
raise armies and to make rules and
regulations for it's government. The
regulations prescribed tEab no man
could be summarily discharged without
IA right to be tried and the articles Of
wal, he argued, prescribe minutely
how these trials are to be conducted.
That all punishments should be in
accordance with the directions of courts
martial, he cOntended after reading At
length from the articles Of war, it was
inconceivable that the president shouAu
he absolutely without restraint.
The president, he said. stated in
his message tina. these soldiers We're
guilty OF mutiny and had been dis
charged for that reason. He followed
this with the article of war providing
that a court martial should direct this
punishment. This was all to guard
against the exercise of an autocratic
power. Congress to provide against
excessive punishments, had limited the
penalties.
Mr.. Foraker cited cases from the
work. of General Davis ON military
law, where refusal % give testimony
was an offense under the head OF dts
order and was punishable by III
martial.
Senator Lodge asked an explanation
of the IS discharges from the army
without honor" during the past year,
but Mr.. Foraker oontended that these
discharges had not been ordered as a
punishment. The men in these cases
had been separated from the service in
lieu of punishment by a court martial
and in cases where the men would
rather take a discharge without honor
than remain in the service and take
punishment The case Of the negro
troops was altogether different. The
negroes had desired to stay in the
service.
As to punishment in these cases he
read the presidents remark hat he re-
garded the discharge as punishment
wholly inadequate. Mr.. Foraker said
that if the men were guilty of murder
the punishment was wholly inadequate,
but if they were innocent. the punish
ment was brutally harsh, "as these
men go forth branded as murderers and
constructors and perjurers."
Taking up the individual records Of
the soldiers, Mr. Foraker said the first
man on the list was a sergeant who
had served 26 years. Each time his
enlistment had expired his record was
good and vas characterized as excel
lent" good soldier character ex-
cellent,' etc.
why, Mr.. President" declared Mr.
Foraker with great vehemence AN
atrocious crime has been committed if
that man is not guilty. He goes
forth branded as a murderer
When Senator Foraker concluded his
remarks he received unaniomus on
sent to modify the resolution 81 that
it now directs the senate committee
on military affairs to investigate the
circumstances leading up to the dis
charge Of the negro troops. 4.
MIR. Lodge replied briefly to Foraker's
speech and Senator Scott remarked that
as he had read the history of the Span
iSh-American war, the 10th cavalry,
(colored), was largely responsible Tor
the preservation of the rough riders.
IF it had not been for the 10th cav
airy, we might O today have the
privilege of having that gallant SOL
der, that splendid president today in
the White House." he added.
The resolution Of Nh. Foraker goes
over without action until after the
holidays The senate adjourned till
January 3. 1907.