The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-21
Wants Senate to Go Into Dis
missaI Of Negroes
CALLS IT BAD PRECEDENT
Senator Lodge Defends Roosevelt, and
Scott Says Negro Cavalry at San
Juan Perhaps Made Presi-
dents Career Possible.

Washington, December 20.--Immediate-
1y after the Senate convened today, SEN
ator Foraker's resolution looking to an
investigation by the Senate of the Presi-
dents discharge of three negro com
panies of the Twenty-ffth infantry was
taken up and Senator Foraker addressed
the Senate in its support. He began with
the broad declaration that the president
misconceived his constitutional power
when he discharged the troops. and he
also miseoneeived the testimony on which
his action was based.
Mr.. Foraker said that the Presidents s
constitutional power was simply to COM
mand the army and navy as commander
in-chief, while to Congress the constitu-
tion gave power to raise armies and to
make rules and regulations for its gov
ernment. The regulations prescribed that
no man could be summarily discharged
without a right to be tried, and the ar
tIcles of war, lie argued, prescribed mi
nutely how these trials are to be conduct
ed: but all punshments should be in ac-
cordance with the directions of courtmar-
tial He eontended after reading at length
from the articles of war it was incoh
ceivable that the President should be alb
solutely without restraint.
Guard Against Autocratic Power.
The President he said, stated in his
message that these soldiers we're guilty
of mutiny and had been discharged for
that reason. He followed this with the ar
ticle of war providing that courtmartial
should direct this punishment. This was
tfKa-f -.a4a- .F
autocratic power. Congress to provide
against excessive punishment had limited
the penalties
Senator Lodge asked for an explana-
ton of 353 discharges from the army
without honor" during the past year,
but Mr. Foraker eontended that these dis
ct. erges had not been ordered as a pun
ishment. The men in these cases could
be separated from the service in lieu of
punishment by courtmarta and in cases
where the men would rather take a dis
charge without honor than remain in the
service and take punishment The case
of 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 that he regarded
the discharge as punishment wholly mad
equate. Mr.. Foraker agreed that If the
men were guilty of murder the punish
ment was wholly inadequate, but if they
were lHlioctnl lIle punishment WAS Dfu-
tally harsh" and these men go forth
branded as murderers, conspirators 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 twenty-six years. Each time his
enlistment had expired his record was
good and was characterized al "excel-
lent" good soldier" character excel
lent" etc.
Branded as Murderer.
"Why, Mr.. President" declared Mr..
Foraker with great vehemence, IAN
atrocious crime has been committed if
that man is not guilty. He goes forth
branded as a murderer"
Mr.. Foraker held that the case did not
present an open question, but that the
authorities gave instances of cases aon,
similar lines in all of which justice had
been administered after trial by court
martial.
Congress has always been careful" lie
continued ito provide that no man found
guilty of an offense should be punished
otherwise than as Congress might direct
THE President says this is the mosl
atrocious crime ever committed. Ii these
men committed the crime, and did shoot
up Brownsville, agree with him. l have
no sympathy with that sort of thing, and
it may be that it was done. But / re-
peat that what / want to call attention
to is that the President has rniscon-
ceived both his constitutional power, and
the evidence in this case. The President
says the guilt of these men has been
established by the testimony of scores Of
eye witnesses, as shown by the report of
Major Blocksom. / have counted the wit
nesses in the report of Major Blocksom
and there are just twenty of them y
score would mean at least twenty. Their
testimony was taken by a self-constituted
citizens committee, and no oaths admir-
istered."
Goes Through Evidence.
Mr.. Foraker then went through the evl-
dence in question, reading extracts from.
the testimony and eliminating as "eye
Witnesses those who said they had noe
seen those who did the shooting until he
had reduced the number of actual eye
witnesses to eight. AS to these he re-
marked that their testimony was ''utiei-
~ unsatisfactory and insufficient" t.
find the men guilty of the crime witt:
which they are charged.
Mr.. Foraker spent some time paying
his respects to Major Blocksom. VINO nlads
the report. The major, he said, was
native of GAINESVILLE O., his father wa
an ardent Vallandingham copperhesd
democrat, of school known to entertaEi
violent antipathy to the negro. Major
Blocksom, Mr.. Foraker continued, had
evidently developed an enthusiastic ad-
miration for one of the Witnesses, Cap
tain Mcdonald of the Texas Rangers. as
evidenced by the statement in his report
that This man was so brave that ae
would charge hell with bucket of wa
ter"
II would like to cross examine a man
so brave as that remarked the senator.
Replies to Senator Knox.
Replying TO a question from Senator
Knox as to whether there was no eri-
dence except that furnished in the Block
som report. Mr. Foraker said he had
been unable to discover any other, ana
in this he believed the President had
been misled. -
SHOULD the military committee L1s
given authority to examine witnesses,
Mr.. Foraker continued. II think | cen
get some testimony that will throw a,.
ditional light on this matter. / do not
hesitate to say that | will promise tie
Senate that | can. and l know what arl
talking about in this matter. | am not a
boy on frolc.
Il am not here talking in an idle way
On account of a hardship that may fall