The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-12-21
CONGRESS- HALTS
FOR HOLIDAYS
Senator Foraker Severely Criti-
cizes the President About Dis
charge of Negro Troops.
BANDIES WORDS WITH LODGE
Members of the House Wish
Speaker Cannon a Merry
Xmas.

WASHINGTON. December Ex-senator
Foraker occupied the attention Of the
Senate In It's last session before the holi-
day recess to-day IN extended criticism
OF the basis Of President Roosevelt's ac-
ton IN discharging the negro troops OF
the Twenty-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 a fun Investigation OF the
matter by the Senate Military Committee.
A resolution directing such an investiga-
ton is before the Senate for action at
its next meeting.
Senator Foraker began his speech with
the broad declaration that "the President
misconceived his constitutional power
when he discharged the troops. and he
also misconceived the testimony on which
his action was based"
Continuing. Mr. Foraker said that the
Presidents constitutional power was
simply 10 command the army and navy
as communicated chief while to Con
gress the Constitution gave power 10
raise armies and 10 make rules and reg7l-
lations for their government The regula-
tons Prescribed that no man could be
summary discharged without u right
To be tried. and the articles OF war, he
argued, prescribe infinitely how these
trials are 20 be conducted.
III punishments should be In ac-
cordance with the directions OF courts
martial he contended. after reading AT
length from the articles Of war. 1t was
lnconcelvahle that the President should
be absolutely without restraint
Autocraic Power.
The President. ne said stated In his
message that these soldiers were guilty
Of mutiny and had been discharged
for that reason He followed this with
the article OF war providing that court
martial should direct this punishment
This was all 20 guard against the ex-
ercise o. an autocradc power. Congress.
% provide against excessive punighments
had limited the penalties.
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 court-nartial
Senator Lodge asked an explanation
Of the $50 discharges from the army
without honor" during the past year
but Senator Foraker contended that these
discharges had not been ordered as q
punishment The man I'm these cases
had been separated from the service in
lieu OF punishment by a court-martial
and IN cases where the men would rather
take a discharge without honor than re
main in the service and take punishment
The case Of the negro troops was alto
gether different The negroes had de-
sired to stay IN the service.
Branded as Murderers.
As 10 punishment in these cases he
read the Presidents remark that he re-
Earded the discharge as punishment
wholly inadequate Mr. Foraker agreed
that II the men were guilty OF murder
the punishment was wholly inadequate,
but II they We're innocent. the punish
ment was brutally harsh. las these men
20 forth branded as murderers and con-
spirators 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. Bach time his enlist
ment had expired. his record was good
and was characterized as excellent
good soldier" character excellent"
etc
why. Mr.. President" declared MT
Foraker with great vehemence. IN
atrocious crime has been committed il
that man is not guilty. He goes forth
branded as a murderer"
When Senator Foraker concluded his
remarks he received unanimous consent
70 modify the resolution so that 10 now
directs the Senate Committee on Military
Affairs 20 investigate the circumstances
leading up 10 the discharge Of the negro
troops
Mr.. Lodge replied briefly TO Mr. Fora
ker's speech. and Senator Scott remarked
that as he had read the history Of the
Spanish-American War the Tenth Cav
airy (cOlOred) was largely responsible for
the preservation OF the Rough Riders.
If IT had not been for the Tenth cav
airy we might not to-day have the priv
hege Of having that gallant soldier. that
splendid President In the White House"
he added.
The resolution OF Mr.. Foraker goes
oyer without action until after the hol-
days.
The Senate adjourned until January g.
1907