New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1907-01-16
SPOONER HITS T[LLMAN
SPEECH ON BROWNSVILLE.
Presidents action Only Possible
One, Senator Maintains.
from The Tribune Bureau. ]

Washington. Jan. 15-Senator Spooner. con-
tinuing the defence of the President begun in
the Senate late yesterday afternoon. delivered
to-day a speech regarded by Senators as one of
the greatest heard in the upper house of Con-
gress in recent years. Addressing himself to
full Senate and filed galleries Mr. Spooner
spoke for four hours and at the close of his
exceptionally eloquent peroration there
burst Of applause despite the rule forbidding
IT. Among the notable persons in the Senator'S
gallery were Cardinal Gibbons accompanied by
the Rev. DR.. D. J. Stafford, and ex-Secretary
Cornelius n. Bliss. all of whom occupied seats
in the section reserved for the guests Of the
Vice-Presdent
Senator Spooners speech practically d.
vided into five sections-a mastery defence Of
the President. merciless yet wholly temperate
excoriation of Senator Tillman. exhaustive
analysis of the constitutional and legal phases
Of the question. a refutation of Senator Bacon's
narrow construction Of the powers of the COM
mander in chief. and an eloquent discussion of
the race problem in the South. in which he
quoted Henry w. Grady's famous words, ut
tered ar the New England dinner in New York.
and held up the beautiful sentiments expressed
by the famous southerner the views of
thoughtful. refined, patriotic men and women
OF the South and contrasted them with the
travagant and vituperative Nominations of the
Senator from South Carolina. Men long mem
bers Of the Senate said they had never heard
before terrible an arraignment of a mem
Der of that body delivered by another and not
the least remarkable feature of Mr.. Spooner's
fearful castigation the almost unanimous
approval which it ELECTED. Democrats well
as Republicans pronouncing 1t in every respect
a well deserved and sadly needed rehuke.
POWERS OF THE PRESIDENT.
Senator Spooner began his remarks with an
analysis OF Senator Bacon's contention that the
President commander in chief possessed
power which the Congress could not restrict
He enumerated the powers conferred the
Congress and those conferred on the President
commander in chief and declared that the
functions lodged in the President by the Consti-
tuition could not be ourtailed by act of Congress-
quoting the decision of the Supreme Court Of
the United State. in the Swayne case in sup
por of his contention.
Dwelling for a moment on the inevitable con-
sequences Of the construction advocated by Mr..
Bacon Mr.. Spooner pointed out that had the
Congress power to deal with the individual off,
Ger enlisted man Of the military establish
ment the aim of the Individual would soon be
TO have influence with Congress, while the legis-
lative body would be constantly called upon TO
revoke nu1lify the orders OF the commander
in chief in behalf Of the friends and relatives
HnO constituents or members or congress.
Mr. Bacon replied citing the instances where
Congress had enacted legislation correcting the
military records OF officers and men, and cited
the case Of General Fftz-John Porter Mr.
Spooner, in reply. called attention to the fact
that where Congress corrected the military
record OF an officer enlisted man its action
did not affect the army it's discipline; that
Congress had never undertaken TO restore a man
to the active list of the army. and that in the
case of Fitz-John Porter. and also IN the case OF
certain midshipmen expelled from Annapolis the
acts passed had merely removed the disability
to their restoration which had been imposed by
Congress in statutory enactment but the acts
specifically left it TO the President to make such
restoration If his Judgment dictated the wisdom
of such procedure The acts merely authorized
the President TO restore such men to their for
rner station. The Senator from Wisconsin said
that Congress had often conducted investi
cation similar to that proposed regarding the
Brownsville ARRAY. but it was for the pur-
pose OF ascertaining II the facts were such
as 10 warrant the removal OF the disability, or
for the guidance OF the Congress in future legis-
lation
Coming to the right OF the President TO dis
charge the men of the 25th Infantry, Mr.. Spoon
er said: 1T Is true that the President has no
power 10 muster out any organization OF the
army Congress has prescribed how the military
forces shall be divided among the infantry, cav
airy and artillery And the President did not
muster out any organization, but did dismiss
certain enlisted men from Companies Il. and
D by name The President has had the right
at his discretion-not yours or mine-to dismiss
these men The Senator from Virginia Mr.
Daniel has shown that the discharge without
honor has been in practice almost ever since
the army into existence The Congress
may repeal the rule under which such order is
issued, but | don't believe It ever will be re-
pealed / don't believe the time VIII ever come
when the Congress will deal such blow to the
discipline OF the army. One man. without COM
hitting any court martial offence. can democrat
ize whole company You all know of such
instances. I have known at least one in my
own experience in the army. Sometimes such
cases hardly justify even dismissal without
honor but the interests of the service may yet
demand the severance OF such mans connec-
ton with the army"
POWER OF DISCHARGE.
Senator Spooner then quoted the fourth ar
ticle of war which prescribes in part that no
discharge shall be given to enlisted man
bv order of the President. the Secretary of
War. the commanding officer of department.
or by a sentence of general court martial
Continuing. Mr. Spooner said; ! contend ana
believe that the President and the Secretary OF
War department commander nave. ana
ought TO have. the power under the statute to
discharge. at discretion, any soldier with honor
or without honor whose continued service is
detrimental to the army That power has never
been much if at ALL abused. 1t is a power
which has long existed and often been exer-
| cised. At all events. 1t exists.
DISCHARGE NOT PUNISHMENT.
Senator Spooner then took up Mr.. Foraker s
! contention that the President punished the men
| of the 25th when he ordered their discharge
without honor. but clearly established that.
whatever may have been the hardship imposed
| on the innocent dismissed there was
! no punishment in the legal sense.