Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1907-01-10
SENATOR LODGE IN SPEECH ON
BROWNSVILLE INCIDENT SAYS
HE WAS WITHIN RIGHTS
SENATE HAS NO NEED
OF COMMITTEES AID
Lodge Cites Authorities to Show That
the President as Commander of
Army and Navy Had Power to Dis
charge Troops.

'NOoSoN IL oPCCSA ySElSiddY Uu ItlS
ownsNille incident said two cues
Ions were invol1 ed--the question IF
fact anG the question of law.
He said the question of law is wheth-
err the President in Diminishing the
negro soldiers without honor exceeded
his powers under the law and con.
stitution. The question can be set
tied, he said, by the senate without the
least regard for the decision of the
committee appointed to inquire into
the affair.
AS to the question of fact, Senator
Lodge argued at length that the Presi-
dent, as the constitutional commander
in-chief of the army and navy had
not exceeded his authority in citing
authorities in support of his
contention.
Mr.. Lodge said:
1.-TWO questions are here involved a i
question of fact and question of law
They are entirely distinct, they ought
to be settled separately and neither
should be permitted to cloud or obscure
the other in the public mind. The ques-
ton of fact may be stated in this way
There was shooting in the streets of
brownsville on the night of August 12.
1906, houses We're fired into, one man
was killed and the lieutenant of police
had his horse shot from under him and
was so severely wounded in the arm
that amputation was necessary These
facts are admitted and are not disput-
ed by anyone. This shooting was done
by some one. 1t was done by either u
S. soldiers from Fort Brown, or by in
habitants Of the town of Brownsville
There was no one else and it is not
pretended that there is anyone else
who could have done it. The President,
the secretary of war, and the officers of
the army detailed to inquire into the
affair have decided that the shooting
was done by the soldiers and furnish
testimony to sustain their opinion. The
constitution league representing the
soldiers, deny that the shooting was
done by them and assert that it was
done by the citizens of Brownsville
disguised in cast-off uniforms of the
troops and provided with exploded
shells from the government ranges who
committed this outrage for the purpose
of casting odium on the troops of Fort
Brown. One Of these two propositions
must be proved for general negations
are of no use here. 1t will be the duty
of the committee under the resolution
to take all possible testimony and de-
eide whether this shooting was done
by the soldiers or by citizens Of
Brownsville. This is the question Of
fact. In it is involved not only the in
nocence or guilt of the soldiers, but the
innocence or guilt of the Inhabitants Of
Brownville, for if they did the shoot
ing as charged by the constitution
league they were engaged in plot to
ruin innocent men and did not shrink
from murder to carry that plot into
successful execution. Whether the
United States soldiers or the inhabi-
tants of Brownyille did the shooting on
the night of August 13, is the question
of fact and on that as a member of the
cuommittee and the senate, ] have no
opinion to express until ] have heard
and examined all possible testimony.
President, Commander-in-C Chief.
"The question of law is whether the
President in Diminishing these COM
panies without honor exceeded his
powers under the law and the constiL
tuition. This question can be settled by
! the senate just as well now and think
better than at any other time without
the least regard for the committees de-
cision as to the question of fact. 1t is
purely question of law and think it
ought to be detached of fact and set
| tied at once because ! think that con-
fusing one question with another has
already done harm. tends toward injus-
| tice and will create great delay and
| prevent prompt action The constitu-
| ton makes the president commander
| in chief of the army and navy of the
1 United States and congress is given
authority to make rules for the gov
\ eminent and regulation of the land and
naval forces In the fifth amendment
of the constitution the land and naval
| forces are excepted from the rights
| guaranteed to all persons who are held
| to answer for a capital or otherwise
| infamous crime 1t appears, therefore
that soldiers and sailors We're recognize
| ed as being subject to a law different
from that administered in the civi
courts. In making the president COM
mander-in- chief the constitution con-
/ ferred upon him all the power and au-
thority ordinarily exercised by the
commander in chief under the military
| law of the times. That military law
has been slowly forming through many
centuries. Broadly speaking, the pow
err in chief was originally absolute anG
wars were conducted under ordinances
or rules laid down by the king himself
| The king or communicating chief could
| punish or dismiss from the service
without any restriction except such a:
he himself chose to establish. Modern
| rules and articles of war may be sai(
| to date from those established by Gus.
1 tavus Adolphus and among English.
| speaking people from Prince Rupert.
code, as it was called, which was prac.
j tically used by both sides in England:
civil wars. After the revolution which
/ placed William of Orange on thu
throne, there was passed the famou!
mutiny act, which not only recognized
the army and the military law under
/ which it was governed but provided 70,
the trial of mutineers and deserters b,
courts martial. This act, which had t.
be renewed every year has kept thu
control of the military forces of Eng
land in the hands Of parliament Thu
principles of the 'mutiny act and tn,
articles of war adopted by England
were in the main those adopted by Vi
at the time of the revolution and which
may be found embodied in the articles
Of war which are now a statute of tn,
4 United States. The commander-in
i AhkAf haa as such the right Inherent Il