The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-12-21
QUESTIONS PRESIDENTS RIGHT
10 DISCHARGE NEGRO OR ANY
OTHER SOLDIERS.
senator FOraker Declares That the Presi-
dent Has No Authority IN Dismiss Men
From the Army without Trial by Court
Martial. which Fixes Inc Punishment.

Martial. which Fixes the Punishment.
WASHINGTON, Dec. 2O.-The Senate ad-
journed early to-day and will not resume
its sessions until January } at noon.
The brief session was enlivened hy Mr..
Foraker, who, speaking to his resolution
authorizing an investigation by the Military
Affairs Committee of the discharge of the
colored troops of the T~wenty-ifth Infantry,
criticised the President for having an entire
misconception of his constitutional powers
and a misconception OF the effect OF the
testimony. The senator modified his res
olution to make it imperative that the
committee conduct an investigation. He
asked that the resolution remain pending
until after the holidays, at which time, he
announced, he would submit further re-
marks.
Mr.. Foraker said that he never dealt in ex-
travagant speech He had read the Presi-
dents message three times. And it is my
deliberate Judgment he said, that the
President not only misconceived his con-
stitutional power but m~isconceived the
testimony in the case"
He read from the Constitution defining
the Presidents relation TO the army as
Commander-in-C Chief and contended that
NAO RS"NA W hAdhO AhlOo dbb
for the army, to fix its maximum and mini
mum, belonged to Congress. No soldier
could be summarily discharged from the
service without a trial at which he could
confront his accusers and be heard in his
own defence and be represented by an
attorney. 1t had never been intended by
the trainers Of the Constitution that the
Presidents authority as C~ommander-in-
| Chief ahauldh a without limitation
The Senator read the oath prescribed for
enlisted men on entering the service, and
declared that the oath obliged the soldier to
obey only such commands OF his superior
officers az they were lawfully empowered
to give. Mr.. Foraker then read from the
Articles Of War, including those that re-
lated to mutiny absence without cave and
refusal to assist officers in suppressing an
ARRAY, for all of which the articles provided
that the offenders should be punished as a
court-martial may direct"
He also called attention TO the fact that
the President had said the colored troops
we're guilty Of mutiny. and after reading
numerous articles relating to specific
offences the senator directed special atten-
ton to Article 50, an omnibus article COW
ering all offences below capital offences,
| " III VI AiAN NiNC PhAAAcAlAASAb as W 70
prescribed by court-martial. Article 81
had been adopted since the civil war,
and for that reason, Mr.. Foraker declared
the cases cited as precedents when Gen
Grant was said TO have discharged a regi-
ment in summary manner did not serve.
Mr.. Lodge of Massachusetts, inquired
how Mr.. Foraker explained the discharge
without honor Of 473 soldiers in the past
year.
Mr.. Foraker replied that discharges
\ -u.NAA.,f hAnnrn AaI AAa- a-z.,.A-I - L
Congress because they met special cases.
He cited as instances soldiers who had en-
listed by false representations as to age.
These, he said, were altogether different
from discharges that carried punishment,
such as those imposed in the Brownsville
case. He read from Winthrop's Military
Law" wherein the author explained dis
charges without honor" as being probably
without authority under the articles Of
war and quoted from the Presidents mes
sage denying that the discharges were pun
ishment, . for as punishment the discharge
without honor" voul have been made
quate.
committed murder, as the President de-
clared, they should la been punished
by death. and if their comrades we're guilty
Of misprision OF felony they should have
been punished by Imprisonment in the peni-
Tertiary.
Pointing to the records Of the various SOL
diers discharged. one Of whom had received
seven different honorable discharges in a
period Of twenty years service, and whose
record showed that he had been mentioned
as of splendid character, reliabl soldier, 8
and in other ways commencing the record,
Mr.. Foraker said:
with such records as these Of lifelong
service to their country, these soldiers
suddenly found themselves last November
handed a piece OF paper branding them as
conspirators to suppress the crime OF muir
der.
THE President says this Is one OF the most
atrocious crimes ever committed in the
army. II the charges are true then l agree
with him that it is an 'atrocious crime
and that the criminals ought TO be punished,
but / contend that the President has mis-
conceived his constitutional power and has
~misconceived the weight Of the testimony.
The President says that the allegations are
proved by scores OF eYewitnesses.' Let
us see whether or not there are scores Of
eve witnesses"
Senator Foraker then read from the list
that there were bit tw"nty-one witnesses
in all, and added that the testimony was all
gathered by a s~elf-appointed citizens COM
mittee.
Bv reading the testimony of the witnesse.
and eliminating all who testified that they
saw nothing, Mr.. Foraker reduced the mum
Der TO eight. and continued:
THE President says that scores of eve
witnesses testified 10 the facts. My idea
of scores is that there must be at least forty
In this case there are onlv eight.
Senator Knox incurred If Mr.. Foraker
considered the testimony OF eight eve
witnesses as aTording all the evidence IL
the case on which the Presidents actor
was founded,
THE President has called our attention
to that testimony and has not cited any
other,' retorted Mr.. Foraker, who con
tinued with much feeling:
IF the Senators will grant this nvesti
CATION I'll give them some testimony
think know OF some testimony that viii
shed light on this important matter. I an
not a child going to q frolic."
Mr.. Foraker in conclusion sale he be
lieved thai the President had beer i'm
posed upon and that he was big enough anc
lust enough to correct the error he haC
made. The Senator declared there wal
no precedent for the action OF the Presi
dent in discharging the battalion in sucl
summary manner. The President ha,
called attention to the action OF Gen. Lee
in transferring a regiment, but Mr.. Forake
said that what Gen. Lee, the Confederat,
commander, may have done was not
precedent. Nor was action taken in tim
of war a precedent for action taken in tim
OF peace.
~I insist, >" said Mr.. Foraker, that "
practice as well as preach the square deal
as the negro soldier has given the countr.