The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-04
DISMISSAL OF NEGRO TROOPS.
THE QUESTION BROUGHT BE-
FORE THE SENATE.
Resolutions Calling for All tina Facts Are
introduced by senators Penrose and
Foraker-President Roosevelt Said 10
be Behind the Peurose RES s,utisD.

more Lldu HNC ii1AJCS WuCu bhC W1o 0h
echo of the discussion Of the last four weeks
over the dismissal of a battalion Of the
Twenty-ifth (colored) Infantry. Senator
Penrose Of Pennsylvania started it with a
resolution of inquiry and Senator Foraker
If Ohio was right on his heels with another
resolution having practically the same
purpose in view. but asking for certain
details. There will be more resolutions Of
this character before the week is out. and
il is already apparent that the whole
subject will be thrashed over to the
hearts content OF everybody in the national
Legislature.
MIR. Penrose sprung his resolution before
The Senate had fairly gotten down to bust
ness. vice-President Fairbanks told him
that it wasn't customary to begin work
until after the Presidents message had
been received. and Senator Warren Of
Wyoming. chairman Of the Committee on
Military Affairs. also interposed objection.
nut Mr.. Penrose was insistent and had his
way. His resolution provided merely that
he President be requested to communicate
70 the Senate. il not incompatible with the
public interests. full information bearing
1pon the recent order Diminishing from the
military service Of the United States three
companies of the Twenty-fifth Regiment OF
Tnfsntry. United States troops (colored).'
Mr.. Foraker's inquiry WI more compre-
hensive and was directed mainly toward
sscertaining exactly what rights and privi-
leges had been taken in each case from the
discharged negro soldiers through the Presi-
dent action. II called also for precedents
for the course Of the President. This IS
Mr.. Foraker's resolution:
R~esofred by the Senate, That the Secretary
~ War be and he IL hereby directed TO fur
nish the Senate copies Of all official letters.
telegrams. reports. orders, &c, filed in the
War Department in connection with the re-
ent discharge Of the enlisted men of Com
ranies r. g aud D. Twenty-ffth United States
Infantry. together with a complete list OF the
men discharged. showing the record Of each.
he amount Of retained nay (under section
icsI. ct seq, Revised Statutesl. If any. to the
credit of each man at the time OF his dis
oharge: the ruling OF the War Department, il
any has been made in this or an y other sim
lar case. as to the effect upon his right to
such retained paw, aud also the ruling OF the
War Department, If any has been made in
this or any similar case. as 70 the effect OF
such discharge upon the right of an enlisted
man to retire on three-qusrters pay. with an
allowance for subsist ence and clothing under
~ lstNs " ctA VI III
aud his right 10 enter a national soldiers home
.undpr section 5s2I, ct seq. of the Revised
Statutesl. his right TO be buried in a national
cenlet cry under section ASS. et seq.. of the
Revised Statutesl and hs right to receive
transportation and subsistence from place OF
discharge 70 his home, as provided for in sec
ton 1890, et seu. of the Revised Statutes; also
a complete Official record OF the Twenty-Hfth
Regiment. United States Infantry. from the
lime Of its muster in TO the date Of the dis
charsA Of Companies B. c and D..
There was no debate on the two resolu-
lions and they vent over until Tomorrow
in accordance with the usual procedure.
Everybody present in the Senate when
Nr. Penrose sprung his little surprise
thought tina his course was intended as a
fling at the President. But it developed
subsequently that they we're mistaken.
II was President Roosevelt who was really
rehind the initiative taken. He is anxious
- get all the facts in the case and il ap-
rarently confident that his action will be
upheld by Congress and the people when all
TIE facts are known. Everything that is
caIled for by the Penrose resolution is ready
and will be sent to the Senate promptly.
secretary Taft will cover the subject
fully also in his annual report, which will
be submitted TO the President soon.
MT. Foraker's resolution, unlike that
- Mr.. Penrose, was not intended to help
rut the President in his desire to get the
facts concerning the dismissals before the
Congress and the country. He made plain,
in an interview, just what his purpose was,
and those who know the Senator from Ohio
are thoroughly satisfied that he will make
some mighty interesting comments when
the question comes up in the Senate.
The resolution speaks for itself" he
said. Il will say, however, that I have
no purpose of raising the race question.
The question involved is broader. 1t
would be unfortunate to have it narrowed
down by drawing the color line. 1t con-
Germs white as well as colored soldiers. 1t
is a question Of constitutional power on
the one hand and constitutional and statu-
tory rights on the other. Until we have
a complete record I do not know just what
Questions will arise, but we may have to
consider whether a man can be convicted
Of felony by order, and whether, following
such a conviction, sentence may be imposed
and punishment inflicted by order. Dis
charges without honor nay be granted
where they are not based on an offence
against the law of the land, the commits
sion of which is denied, and where no pun
tHuI0eUJ IOuOWbs Dub no ADAO ~ NOh
viction, sentence, punishment l have
always supposed that there would have
to be also trial, either in a civil court or
IN a c~ourt-martial, or before some other
tribunal thersunto duly appointed by law.
But It is idle to discuss any OF these quee-
ions until we know whether they are raised
ny the record"
Senator Penrose, in the language Of the
sportsman, may be said to have flushed the
covey.' There were many resolutions in
reserve growing out Of the discharge Of the
colored troops. Even Senator Foraker's
resolution, which came out into the open in
2 The form Of a substitute as soon as Mr..
: Penrose submitted his own, was designed
TO make it's debut later on in the form Of
an initiatory resolution rather than a
trailer"
Senator Tilman had In mind a resolution
Of inquiry. Things Of this species are Mr..
nllman's speciality. and the opportunity
Afforded by the negro troops incident was
not to have been ignored by the South Caro-