New-York tribune., 1906-12-23
SHOOTING OF MACKLIN.
4RMY OFFICIALS VIEWS.
Held To BE the Result of agitation
IN Behalf of Dismissed Soldiers.
LFrom me Tribune Bureau. !

Washington, Dec. 22.-The shooting of Captain
Edgar A Macklin of Company c, 18th lnfan-
try, presumably by one of the Negro soldiers
discharged from that organization. is regarded
by some OF the highest army officials as the d.
rect outcome Of the political agitation in behalf
of the discharged troops. 1t isSasserted that 1t
is impossible to condone and excuse the lawless
action of body OF soldiers without putting
premium on further acts OF lawlessness;
that the fact that evidence to establish.
TO the satisfaction OF court of justice. the
guilt of the dismissed Negroes is lacking merely
emphasizes the loophole by which the perpetra-
tors of the Brownsville murder and attempted
murder hope TO escape the consequences OF their
acts; that in previous instances confidence in
the ability of the organization to hold together
in conspiracy TO defeat justice and conceal the
perpetrators of the outrages has led to repe-
tition OF the unlawful acts and a further black
ening of the record of the 25th.
Attention is called to the fact that Gilchrist
Stewart. of the Constitutional League has
spread the report that Captain Macklin was
the only commissioned officer in the regiment
who believed the soldiers guilty of shooting
up" Brownsville, and. while the untruth of this
report is obvious from the report made imme-
diately by Major Penrose the commanding off,
Ger, 1t is assumed that Stewards assertion served
to excite the passion of the discharged privates.
The President has assured his friends that he
will welcome the proposed investigation by the
Senate Committee Military Affairs of the
Brownsville incident, and in order TO insure
ample material with which the committee may
conduct it's Investigation he has sent Milton d.
Purdy, of the Department of Justice to Browns
Vile to collect afidavits which Will satisfy the
Senate of the facts in the case. Mr.. Purdy left
Washington for Brownsville to-day
The President is reported to have informed
those who have discussed the Brownsville Incl
dent and the attitude Of Senator Foraker with
him that he does not regard it as within the
province of Congress to enact legislation pro-
viding for the restoration to the army Of the
men discharged from the 25th Personally he
will not permit the enlistment of any OF these
men until the innocence of the applicant for re-
enlistment is established to his entire satisfac
tion. Were Congress to pass a special law re-
storing all or any of the men to the army the
President would veto the bill, and even were it
passed over his veto he would regard it as ultra
wires and decline 10 be governed by it until its
constitutionality had been passed upon by the
Supreme Court of the United States So conf
dent is the President of the accuracy of his con-
tention that the appointive power rests solely in
the executive branch of the government that
even were impeachment proceedings instituted
he would cheerfully await their outcome. conf
dent that his would be sustained al
though there is, of course. no likelihood Of so
grave dinerence between the Executive and
Congress as would result in any outcome so un-
fortunate.
The view is entertained. however, that de-
tenders OF the dismissed soldiers IN the Senate
will assume a less confident attitude when Con-
gress meets after the holidays. because of the
shooting of Mackln and the long line OF afi-
davits which the President will furnish to the
Senate as soon as Mr.. Purdy returns.
iS in high circles that
members of Congress and politicians generally
will perceive the injury they are doing in defend
ing and condonng the action of the Negro
troops and that they will appreciate that such
arraisnments of the President and his course as
that delivered in the Senate on Thursday are
most liable to lead to further outrages by the
reckless element among the discharged soldiers.
The hope is further expressed that neither ami
mostly to the Executive nor political exisencies
will lead 10 further exploitation which can only
serve to excite. and therefore to injure. the
Negroes.