Daily press. [volume] (Newport News, Va.) 1896-current, 1906-12-21
THINK DISCHARGE WAS A CRIME
Reads the Articles OF War in an At.
tempt to Prove That the Chief Exc.
cutivc Ovcrsteppcd His Authority
Senators Scott and Lodge Also
Speak.
(Dy Associntod prcss.l

|
Senator Foraker occupied the attcn.
ton of the Senate In its last session
before the holiday recess today IN an
extended criticism ON President Roosc.
velt's action in dscharging the negro
troops Of the Twcnty.fifth infantry on
account of the Brownsville raid. He
was replied TO briefly by Senator
Lodge, while Senator Scott sustained
the demand of the Ohio senator for n
full investigation Of the matter by tho
Senate Military Committee. A reso.
luton directing such an investigation
is before the Senate for action Mt It's
next meeting. Senator Foraker he
| gan his speech with the broad dcclar.
alton that tho President misconcelvcd
his constitutional power when he dis.
charged the troops. and he also mis-.
conceived the testimony on which his
action was based"
| Continuing. Mr.. Fcrnkcr said that
the Presidents constitutional power
was simply to command the army and
navy ms commander in chief. while to
Congress the constitution gave now.
or To raise armies aud to make rules
and regulations for It's government.
! me regulations prescribed that no
man could he summarilv discharged
without right to he tried and the
articles OF war. Ii. argued prescribe
infinitely how these trials arc To he
conducted. That all punishments
should he in accordance with the di.
rortions IF tho court martial. He con-
tended, after rcHd,nr M length tbc
articles cf war. ttat II was inconcciv.
able that the President should be
absolutely without restraint Tho
| President. he said. stated I'm his nrs
sage that those soldiers wore guilty
"f mntinv and had boon discharged
for that r"asnn Hc followed this
with tho ar!icl" of war nrovidinr that
n court martial should direct This MN.
ishmcnt. This was all to guard against
| tho exercise Nf nutocrntic mower
Congress in order Ia nrrvidc agnirst
"Nc""s'vc punishment had limited the
penalties.
Were Not Punishments.
Mr.. Foraker cited cases from tho
work Of General Davis on military
laws whore refusal 10 give Testimony
wns AN offensc under tho head of
'dis"rh"r' and was punishable nv
court martial
| Senator Lodge asked IN exclamation
NJ the 1852 discharges from tho army
without honor" during tho nast wear
! nut Mr. Foraker contnndod thai these
discharges had not hccn ordered as
a punishment. Tho men IN these cas-
eS had hccn scparatcd from the scr
wee IN linu Of punishment Ivy n court
martial and i'm eases whore the mon
wonsa ra'hnr take a discharge with
ont honor than remain In the service
and take punishment.
The case Of the negro trooDs wae
altogether different. The negroes had
desired to stay In the service. AS "a
the punishment in these cases he road
the Presidents remark that he re.
earled the discharge as punishment
wholly inadequate. Mr.. Foraker agreed
that If The men were guilty of MIR.
der the punishment vas wholly inod.
rniia;c. hut If they were innocent tho
punishment was brutally harsh CAS-
these men go forth branded as mur.
dcr"rs and conspirators and pcrjur.
ers." -
Foraker Gets Excited.
Taking up the individual records of
me soldiers, Mr.. Foraker said. the
ilrst man on the list was sergeant
VINO had served iwcnty-siy years
each time his enlistment had expir
ca his record was good and was char
aclcrized as "eXcellcnt."
Mr. President" declared Mr.. For
akcr with great vehcmacc, can afro
cions crime has been committed II
that man is not guilty. He goes forth
branded as a murderer"
When Senator Foraker concluded
ms remarks hr received unanimous
consent to modify the resolution So
that II now directs the Senate com
mittcc on Military Affairs to invnsti
gate the circumstances leading IN tt
inc discharge of tho negro troops.
Mr. Lodge replied briefly to Mr.
Forakcr's speech and Senator Scot
remarked that as he had read the his
tory of the Spanish-Amrrican war
the Tenth cavalry, (colorcd) wa.
largely responsible for the prcscrya
lon of the Rough Riders.
IF II had not boon for The Tenth cav
airy VIC might not today have the