The Washington herald., 1907-01-09
SENATE WAR ENDED.
coNrINrEp FRoM F1RsT PAGE.

] 'DN NAlNlE EiA'tA FitN1A AHtS-
I
mittee 10 undertake the work. and thus
/ it might be prevented from getting the
information desired By the Senate He
called attention also to the fact that his
! resolution provided, while the Lodge res0-
luton did not. that the committee might
90 10 any place It deemed necessary 10
get the testimony; that 1t was given
power 10 summon Witnesses. and that it
authorized the payment Of the commit
/ tees expenses out Of the contingent fund
/ Of the Senate. Mr. Foraker added that he
I had no desire TO pose as the author Of
the investigation resolution II the inVestl-
cation was ordered. but he did want it
amended in the way he indicated. Friends
+ Of both Senators say that there viii be
/ 10 difficulty IN having the resolution
amended in a manner To suit Mr.. Foraker.
and they regard the outlook FOR an agree
ment as bright.
/ Two Democrats Defend President.
/ Two speeches in defense Of the Presi-
dents order Of discharge were delivered
yesterday-one in the Senate and one in
the House. The speakers were both Dem
ocrats. the one in, the Senate being Mr.
Daniel, Of Virginia, and the one in the
House. Mr.. slayden, Of Texas.
Senator Daniel declared that the Pres
ident was fully justified in dismissing the
negro soldiers. and that he acted within
/ his constitutional and legal rights. He
believed. however, the President went too
far In that feature OF his order which de-
bars the discharged men from hereafter
entering the civil service Of the govern
ment.
rr-rs~r of
the President. and often differs with him,
but in this matter the Executive has his
hearty approval. At the same time ne
desired to obtain all possible facts,
whether their bearing be on constitutional
or legal rights.
The articles of war were then taken up
by Mr. Daniel and analyZed TO show that
while in early years they prohibited the
President from ordering summary dis
charges. they have been repeatedly m0di-
fed, until that right is now clearly given.
Complete authority, he said. is given the
President. the Secretary Of War, and the
commanding officer in the field. He also
reviewed the army regulations showing
they were framed and promulgated under
power by Congress. The courts have held
that the President has a right 10 make
and enforce these regulations. Cases were
cited In which decisions have upheld this
contention.
The Virginia Senator held that It would
be curiosity 20 find any authority dis
putatious Of the power of the President
to sever the relations Of d private soldier
with the army, according 10 his discTe-
ton and judgment. He explained that the
contract Of enlistment was a rope with
a hard knot at the soldiers end. and a
dent and the War Department.
Authorities Nay Dissolve.
'The authorities may dissolve the rela-
ton at a moments notice" he declared
He said some Of these dismissals might
operate as "a hardship to the soldier but
more often TO his advantage. The his
tory of American military law presented
no case. he asserted. in which the Presi-
dent was required 10 keep IN the army
a soldier in whom he had lost confidence.
What's the use of discussing whether
the President. as commauder-in-chief
had power to act as he did. in dischars-
ing the troops?" the Senator asked
There is ample power given him by
Congress"
He said that a refusal by the President
TO exercise the right OF summary dis
missal would be a curtailment of his
powers. Il have heard no such charge
as that uttered upon the other side of
the chamber" he exclaimed. Some have
delicately hinted that he Is attempting
to extend his power beyond the lines
which they prescribe as the limit ~
them"
r-g,o co,,,.-- 7-,f~--.z a.. ~ - 49,
racial question. God forbid" he ex-
claimed, that the people of the United
States Will raise a racial question when
il is possible TO avoid il"
He said he had no prejudice against
the coloTed troops, and that there would
be no Senator who would not protest. #
he thought an injustice had been done
them. 1T is not the color Of a soldiers
skin which gives him any right 10 create
disorder he declared.
He said the cOlored man should be
made TO understand that obedience was
the first duty OF a soldier no matter
what the color of his skin. and that those
who did not obey orders should feel the
punishment provided.
If this had been a white regiment that
had been dismissed" declared the Sena-
tor. there would have been no public
itiSGeAltSS Oh TIE SUBJECT 10 sermon
preached; no churches aroused and
diverted from their religious devOtions"
He did not wonder that the colored people
were sensitive over what had been done.
because they have been taught that the
soldiers were treated unjustly He con
tended that the President had acted as
mildly and moderately as he could under
the circumstances. The people of the
South stood for law and order. he declared.
and for the recognition of the officials of
the government when they acled within
the powers. which they had done in this
case
Mr. SIayden's Argument.
In the course Of general debate in the
House on the army appropriation bill, Mr..
Slayden, of Texas. addressed the com
nittee OF the whole on the Brownsville
affair. calling attention to the bin intro
duced by him providing that after July
], 1907, there shall be no negro regiments
in the army. He said, however, that he
feared that there was no prospect of it
becoming a law.
He argued that negroes were unified
for military service, because between the