The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1907-01-08


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the President was deduced from what was
| the power of the commander-in-chief of
/ the British army. It must be deduced
| from the constitution Of the United
! States The power the President derived
from Congress was mis- legal pc yer. It
was not necessary, he said, to GO TO Brit
ish precedent to ascertain this power as
| the supreme court of the United States
had spoken on the subject many times.
and always has said simply II was the
! Presidents power to command.
There is no autocracy in this coun-
4 try" said Mr.. Foraker, mo autoeratie.
dictatoriai, unrestfalned and unrestrict-
ed power: no, not even in the command
er-in-chief of the army. All power Is de-
rived from the constitution
Mr. forakef emphasized his position
that if Congress had spoken on any sub
iect relative to army regulations, there
was no room for the exercise OF any pow
| ef to the contrary on the part OF the
| President. Oh matters Of regulation on
which Congress had hot spoken, the con-
4 stftutioi gave tie President power to
make necessary regulations. As to the
contract of enlistment, which Mr.. Lodge
said could be terminated at the pleasure
/ of the government, Mr.. FORAKER SAID II
/ contained a provision that It's erect
4 should be governed by the articles OF war
vice.
/ Mr. Foraker maintained that the Of
ficials of the war department ana depart
ment of Justice had estopped themselves
from denying that the ARRAY at Browns.
vile was a case covered by the articles or
war nv the order that was given to the
= commander of the department of TeNas
to prefer charges. and specifications
against thirteen members of the COM
panies involved.
Impossible Conspiracy
Tho senator had procured copies Of
these charges and he then placed them
i'm the Record While he diselaimed any
intention to discuss the ARRAY AT lhe
time Mr.. Foraker remarked ne Woula say
! In passing that if what is contendea Is
true-that there was such conspiracy
aud sueh contamination of 1t, and that
the number of men engaged In It, and
the number of accessories before ana
after the fact necessary to carry 1t OUT
were as charged, It is thing Which
! has never happened in all the history Oh
! our criminal jurisprudence.
such thing never could happen, never
Will happen, and never did happen
/ Mr. Foraker said these arrests were
: made but as yet none OF the men
charged had been tried or given oppor-
tunity to refute the charge against them
! with evidence. A..
j
I Foraker said 1t might be said by nm;
/ Il know what was the power OF the
commander -in-chief in the BritishSarnly
and in the American army under WASH
! ington. and / have that power
"He may be right" continued MT.
Foraker ';he has his ideas of law He
has doubtless studied this question
Others have doubtless studied it. and are
in accord with him, as the senator from
| Massachusetts is. and therefore may
be entirely wrong. But am simple.
minded enough to think it makes great
deal of difference whether or not there
are facts enough to justify his action;
II think the senate of the united
! States would be in a ridiculous attitude
before the country If 1t should mere ana
now adopt a resolution that eoulu pe
| interpreted to stop us when we come 10
consider this case upon the iacls WHICH
| are to be developed as to whether or
not the President acted within ms con-
stitutional or legal authority
Challenged to Show Precedpt.
Mr.. Foraker challenged any one 10
show a single precedent Tor lhe aI ,a
taken; to show one single instance Where
! a man has been discharged from the
army without honor when that man mas
been charged with crime and where ne
protested against so being discharseu'
| rs the President of the bmted states
| above
| ~" he asked.
| Mr. Foraker developed his argument
and gave court rulings to show II 10
| he the birthright of every American
citizen to be allowed trial when ne was
| charged with crime. These men, Mr.
| Foraker said. were charged Win muiuer
| and conspiracy Because there was no
evidence to sustain the charges, the men
we're turned out of service. On this
| noint Mr. Foraker quoted the supreme
/ court saying that where crimes eoulu
not be proved the offenders must go
| free, no matter how great the oi1ense
or how destructive the consequences to
| the country. He quoted the same court
on the question of the right to sus-
mend law to meet an emergency as say
! ing ''such a doctrine leads directly TO
anarchy"
He said the President had been care
full to point out that he had not dis
charged these as organizations but as
Individuals each being discharged by
| name.
zach Individual" he said. chad
right TO the benefit of the 146th regulation
of the army code. that he should have p
board of inquiry, and should nave II
| without asking for 1t. 1t was the duty OF
his superior officer to know of his rights.
to advise him of them, and to protect
| him in them But II was not So
When Mr.. Foraker remarked and Il
now come to the siXteth ONO, s.lr
| of interest swept the chamber and gal
lery. =,
| "will some one tell me why the regl-
ment was cited as a precedent? he asked
and replying to his own question asked:
''Rut know, and every one here knows
| why IL was so cited IT was the braVest
| regiment that ever wore the uniform
Mr.. Foraker maintained that the regl-
ment has been honorably discharged. He
| said he had been flooded with letters. and
| a number of these he read. to show that
| the regiment was disorganized while I'M
der parole and held in the service after
its term had expired.
Tilman Comes In.
Mr.. Foraker brought into the light the
record of several New York regiments,
one of which he said had run when faced
by Stonewall Jackson's veterans, ana an
other of which had abandoned Maryland
Heights. the key TO Harper's Ferry. He
did not wish to make any disparaging
comparisons.
But" he added, when you are taking
the history of regiments you must take
them as you find them
The New York regiment which ran
away. he aded became one of the best in
to service afterwsrd. Six New York ano
three Ohio regiments were captured at
IIarper,s Ferry.
lust as Mr. Foraker was concluding
because of the lateness of the hour, say
ing he sAould endeavor to finish his
sneech in a brief time tomorrow, MI
Tillnan arose and explaining that he had
not been present before the holidays when