Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1906-12-21
CR|7lC|SES TEDDY
Foraker Asserts Executive Had no Power to Dismiss Col
ored Troops. congress Has Prescribed Course Of
Procedure in all Army Gases

Washington, Dec. 21.-The senate
has permitted Mr.. Foraker to modify
his resolution regarding the discharge
of colored soldiers so that it now di-
reefs the senate committee on mill
tary affairs to investigate the circum-
stances leading up to the discharge
Of the negro troops. AS modified the
resolution goes over without action
until after the holidays.
Immediately after the senate con-
vened the resolution was taken up
and Senator Foraker addressed the
senate in its support. He began with
the broad declaration that "the pres
ident misconceived his constitutional
power when he discharged the troops
and he also miseonceiyed the testf-
mony ON which his action was based. :"
Mr.. Foraker said that the presidents
constitutional power was simply to
command the army and navy as COM
chief, while to congress the
Constitution gave the power to raise
armies and to make rules and regula-
tons for its government. The regula-
tions prescribed that no man could be
summarily discharged without right
to be tried and the articles of war, he
argued, prescribed infinitely how these
trials are to be conducted; that all
punishments should be in accordance
with the directions Of courtmartial.
He contended, after reading at length
from the articles of war, it was incon-
ceivable that the president should be
absolutely without restraint.
The president, he said, stated in his
message that these soldiers were
guilty of mutiny and had been dis
charged for that reason. He followed
that a courtmartial should direct this
punishment. This was all to guard
against the exercise of an autocratic
power. Congress, to avoid excessive
punishment, had limited the penalties.
Punishable by courtmartiaI.
Mr.. Foraker cited cases from the
work of General Davis on military
law, where refusal to give testimony
was an offense under the head of
disorder and was punishable by
courtmartial.
Senator Lodge asked an explana-
ton of the 1852 discharges from the
army without honor" during the past
year, but Mr.. Foraker contended 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 court
martial and in cases where the men
would rather take discharge without
honor than remain in the service and
take punishment. The case of the ne
gro troops was altogether different.
The negroes had desired to stay in the
service. i y.
As to punishment in these cases he
cited the presidents remark that he
regarded the discharge as punishment
wholly inadequate. Mr.. Foraker
agreed that If the men were guilty of
murder the punishment was wholly
inadequate, but il they were innocent
the punishment was "brutally harsh
and these men go forth branded as
murderers and conspirators and per-
jurers. RE
Mr.. Lodge replied briefly to Mr..
Foraker's speech and Senator Scott
remarked that as he had read the his
tory Of the Spanish American war the
& Tenth cavalry, coiored, was largely
responsible for the preservation Of the
Rough Riders. If 1t had not been
for the Tenth cavalry we might not
today have the privilege OF having
that gallant soldier, that splendid pres
ident, In the White House. he added.
The word few, 2 strictly speaking.