The Richmond palladium. (Richmond, Ind.) 1906-1907, 1907-01-08
Senator Lodge Makes Speech
in Senate Defending Ac-
ton of the President.
THE BROWNSVILLE AFFAIR
THAT THE SENATE is TIRiNG OF
FORAkER'S CAMPAIGN WAS
SHOWN BY SPEECH OF SENA-
TOR HEPBURN.
Publishers Press.I

Publishers Press.I
washington, Jan. Tn the senate
Senator Lodge called up the Foraker
resolution to discuss the amendment
he offered to the Foraker resolution
which amendment recognizes the con
stitutional and legal authority of the
president to take the action he did in
discharging negro troops. Senator For
aker deprecated delay in considera
tion OF the resolution.
Senator Culberson offered an
amendment to the resolution which
Senator Foraker accepted, authorizing
the military committee to visit
Brownsville, Texas, and take testi-
mony there. Mr.. Foraker then asked
unanimous consent of the senate that
the resolution be made special order
daily after morning business, until
disposed of. To this Senator Hepburn
objected, saying there were other
matters of equal if not greater i'm
portance demanding consideration.
.,
discussing the Brownsville incident.
said in the senate: Two questions
are here 1nvolved-a question Of fact
and a question of law. They are en-
tirely distinct, they ought to be set
tied separately, and neither should be
permitted to cloud or obscure the pub
lie mind. The question of fact may
be stated in this way. There was
shooting on the streets of Browns
Vile the night of August 10, 1906. and
houses were fred into, one man was
killed, and the lieutenant of police
had his horse shot from under him
and was 81 severely wounded in the
arm that amputation was necessary.
The shooting was done either by
United States soldiers from Fort
Brown, or by inhabitants of the town
OF Brownsville. The president, the
secretary of war and the officers of
the army detailed to inquire into the
affair have decided the shooting was
done by soldiers, and furnish testi-
mony to sustain their opinion The
Constitution league, representing the
soldiers, deny that the shooting was
done by them. and assert that 1t
was done BY citizens OF Brownsville
disguised in CASTOR uniforms of the
troops, and provided with exploded
shells from the government range,
who committed this for the purpose
of casting odiom on troops of Fort
Brown. One of these two propsi
tions must be proved. The question of
|, 4, u
ing these companies without honor.
exceeded his powers under the law
and constitution. The constitution
makes the president COMMANDMENTS
chief of the army and navy Of the
United States, and congress is given
authority to make rules for the gov
eminent and regulation of the land
and naval forces. The commander
in-chief has. as such, the right inner
ent in his Office to punish or discharge
except so far as it is limited or reg
ulated by the law making power
which has enacted the articles of war.
The dishnorable discharge can only
be given by sentence of a court mar
tfal: the honorable discharge can. of
be given by the commanding
officer. but there is another discharge
now described as the discharge with
out honor which is limited to the
action of court martial and which
comes with the direction of the pres
ident. the secretary of war and the
officer. There can be no
doubt whatever that the power OF
dismissal was inherent in
the Office of the commander-in-c chief.
when the president was invested by
the constitution with that Office. and
there has never been any attempt on
the part of congress 10 prevent or in
terfere with the exercise OF this au-
thority III the commander-in-chief is
unable to dismiss from the army the
soldiers whom he regards as danger
BUS to the service and to military
discipline without furnishing proof
which would convict to jury. mil
tary discipline would be at an end,
and the army Of the United States
would become a menace to the peo-
pie of the country. The law, the con- |
stitution, the statutes and uniform |
practice are so clear as TO the right |
II the president to terminate the con- |
ract of enlistment and discharge sol |
Hers at pleasure. that Ii seems a /
waste of words TO any one who has |
lead the statutes to argue ii at ALL
As a substitute for the Foraker |
resolution and the Lodge amendment |
hereto. Senator Knox prepared n res |
,lution to leave 10 the committee on /
affairs the questin of deciding /
whether the president has authority /
o issue the order discharging negro |
roops. as we'll as to inquire into the /
disturbance at Brownsville. Texas. 1t /
. not believed that Senator Foraker
Will consent to the adoption of this
esblution with substitute for his
,wn.
Records Destroyed.