Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1907-01-15
Stirred up Mr.. TilIman by Calling
Him "My Good Friend From
South Carolina.
POWERS OF THE PRESIDENT,
Spooncr Took Ground 1t Was Not SEN
ate's Function TO Investigate
His Executive Acts.

/
nv told the senate today thas(he could
seq no benefit In the proposed senate
| investigation of the Brownsville at
| fair. as the evidence submitted by the
! president was enough 10 convict the
soldiers. However. he should not op-
pose the inquiry.
The bullets and cartridge shells sent
the senate, Mr.. Mallory held 10 add
| greatly to the strength of the presi-
| dents case. In addition to the evil
dence he maintained that the descrip-
ton against the negro soldiers by the
| citizens of Brownsville furnished the
motive. They were not allowed liberty
| out of the fort after o'clock az night.
and were not served in the bar-rooms'
Mr.. Mallory depressed to call attention
TO what he regarded as the best Illus
| tration that could be given of the IN
competency of the negro to grapple
with great questions. His illustration
was the criticism of the president by
negro mass meeting at Boston.
MIR. Clay of Georgia took the floor,
as he said, to reply to the sweeping
charge against the prominent people
In the south made on Saturday by
Senator Patterson. An injustice had
been done his state and other southern
states, when the senator from Colorado
had said that the public men of the
south were IN favor of mobs and lynch
law.
Mr.. Patterson disclaimed making any
such sweeping statement
Mr. Clay, however. believed the Rec
ord would bear out what he had said.
He admitted that there were differ
ences of opinion in the south OH the
question of negro suffrage, but many
states beside those in the south had
restricted suftlrag e-Ohio, Massachus-
etts. Vermont and others. he said, were
In this class.
He disclaimed any intention to dis
cuss the race question, saying he did
not want to monopolize a subject that
belonged exclusively to my good
friend from South Carolina tAlr. Till
mani.
This stirerd Mr.. Tlllman to activity.
and MI, Clay was hotly questioned as
he proceeded to defend the president on
his Brownsville record.
Mr.. Tillman insisted that he could
not get away from the fundamental
principle that every man charged with
crime should have a fair trial, u say
he continued, that the president has
been derelict, he transcended his au-
thority and was untrue to the duties of
his Office in not holding the troops in
the army unit! he had exhausted every
means to ascertain the guilty ones
Mr.. clay held that a court-martial
would have resulted In nothing. He
insisted that the evidence of the former
escapades of this regiment justified
their discharge.
That they were not discharged as the
result of any of the previous offenses.
Mr.. Tillman interrupted to say, was
evidence that the president and secre-
tary Of war were ignorant OF the char
acter of tho negro soldiers.
Again announcing his adherence to
the principles of liberty. Mr.. Tillman
said he did not allow such prejudices
or feeling to lead him from demanding
substantial justice.
Mr.. Clay placed himself emphatically
on record as endorsing the presidents
action and said he believed he voiced
the sentiment OF a majority OF the peo-
pie OF Georgia.
Mr.. Bacon had the clerk read a news
paper clipping ANNOUNCING that II cited
a precedent for the Presidents action.
II told OF the dismissal of a company of
the South Carolina national guard by
Senator Tillman, then governor. be-
cause they refused to obey orders dur
ing a disturbance over the enforcement
of the liquor laws.
Mr.. Tillnan explained the occurrence.
declaring the company in question
''bandbox soldiers, who wanted their
uniforms and brass buttons to helr
them with the girls
Mr.. Bacon said he thought both the
senator and the president had done
everything possible,
Senator Spooner said he presumed
this South Carolina company was g
white company: otherwises the sena-
tor would have them lynched." Mr.
Spooner said he would have very
great contempt for himself II he could
not discuss the questions involved with
out reference to the color of the sol
diers. II was, he said. only legal CUES.
lions that could be involved. Mr.. Spoon
| az. tho criticism which had
been made OF the Twenty-fifth regi-
ment both in the letter of Senator Cul
berson protesting against sending the
negro troops TO Brownsville, and by
Senator Tilman.
Mr. Tiilman stated that he had not
criticised the whole regiment. He add
ed there were many good negroes. Al
) this seemed 10 surprise Mr.. Spooner
Mr.. Tillman added that he had goot
! negroes working for him for 20 years
and he believed there were millions Of
good ones.
II do not hate the race" he added
II simply feel that | am superior L
it-that is ALL
THAT Is q question / decline 10 dis
cuss.' retorted Mr.. Spooner In SOM
ways the senator is superior
This elected from Mr. Tillman the ex
PLANTATION. When | say T. mean tn
white race superior 10 the colore,
race. Now will the senator understant
me?"
Mr.. Spooner dlsclalmed any inten
ton 10 discuss the race question: which
he said was entirely outside the presen
question.
, He took the ground that II was no
l the function OF the senate 10 investi
gate the act OF the president IN his ex
: ecutive capacity, Peculiar function
had been imposed upon the house o
Representa- tiYes, II alone could init
. ate. prepare and present Impeachment
. proceedings. The senate In the exer
else OF its most solemn functions wa
n constituted the court In such cases.
a This. he said was simply an abstrac
ton In this case, He called attention I
It the serious condition. n the senate a
court. should find Itself "prejudic-o
I having investigated the case In ad
= vance. Assuming that the presiden
: had exercised a power he possessed l
= discharging these soldiers, Mr., Spoone
u denied that Congress had any consti
tutional power 10 rel aside such an or
n der.
o Tho power OF the president as com
o mander-in-chief of the army and IN
+ navy IN time OF peace was not define
0 by the Constitution, Mr. Spooner quot
9 ed judicial authorities to show that
= was the power 70 command and cor
J. troll"
70 Mr.. spooner expressed doubt this
I Congress could pass law removing q