The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1907-01-11

any other principle. II a soldier
cannot be separated from the service
except by being convicted OF crime on
evidence which would satisfy a jury
in a civil case there is no possibility
of maintaining military discipline.
"The power to dismiss or terminate
contract of enlistment is absolute
" essential to the maintenance OF an
army. In fact, the principle runs
through all business and society. The
law. the constitution, the statutes
the uniform practices are clear as TO
the right of the president to terminate
the contract of enlistment and dis
missing soldiers at pleasure that II
seems a waste of time and words 10
any one who has raised the statutes
TO argue it all"
Mr.. Foraker replied vigorously 10
Mr.. Lodges speech, taking issue with
the Massachusetts senator on both me
points as to law and fact. he de-
clared that there is no autocratic ana
unrestrained power in this country.
mot even in the commander-ln-cnlei
Of the army.
Mr. Foraker contended that the
power of the president must be deduced
from the constitution OF the Cnlteo
States. The power the president de-
rived from congress was his legai
power. It was not necessary, he SAID,
to go to British p~recedents TO ascertain
this power. as the supreme court OF the
United States had spoken on the sub
tect many times and always had said
simply it was the presidents power 10
command.
Mr. Foraker emphasized his position
that if congress had spoke ON n SUD-
iect relative to army regulations. tnere
| was no room for the exercise OF any
| Dower to the contrary on the part OF
| the president. On matters or resula-
| ton on which congress had not spoK-
en- the constitution gave the president
| power to make necessary regulations
Mr., Foraker maintained that the or
| fcials of war department and depart
ment of justice had estopped them
selves from denying that the ARRAY al
Brownsville was a case covered by the
articles of war by the order that was
given to the commander or the Depart
ment of Texas to prefer charges n
specifications against all members OF
the comDanies involved. The senator
had procured copies Of these charges
and he then placed them IN the RECORD.
Mr.. Foraker challenged any n 10
show a single precedent for the actloh
taken. to show one single instance
where 2 man has been discharged from
the army without honor, when that
man had been charged with crime ano
where he protested against so oelnS
discharged.
Us the president of the United States
over and above the law? Can ne ls-
more it?' he asked.
Mr. Foraker developed his argument
and gave court rulings to snow IL "
he the birthright of every Amerlcan
citizen to be allowed trial when he was
charged with crime.
lust as Mr.. Foraker was concluding
because of the lateness OF the "out
saving he should endeavor TO nnlsl
his sDeech in a brief time tomorrow.
Mr. Tillman said he would like to near
from the senator Just why it was tha1
the Goth Ohio had been picked OUT
what was the matter? What is tue
motive? What is the animus?o
scMr. President responded MI. FOR
aker. 81 am not Obliged to tell the
senator everything l know, n l kno"
the senator knows why. There was
q. burst of laughter at this reply.
Mr.. Tillman asked if Mr.. FORAKER
was not a member of the regiment
MI. Foraker explained that 1t had oeen
enormously stated that he was Du'
that in reality the 89th Ohio was 'n'
only regiment to which he had e's'
belonged. IN
perhaps somebody at the wal De
nartment may have thought the sen
ator got into the regiment peIsaseS<
Mr.. Tillman- o.
II don't know that the war depaIC
ment thought of that. was the answer
"but it Is possible that a
The war department or some otne
Mace remembered that the sena0o
from Ohio lived in Ohio"
Mr.. Culberson offered an amendmen
m the resolution which Senator FOR
aker accepted, authorizing h mliltar:
committee to visit Brownsville, Texas
and take testimony there.
Previous to the debate on the toi
sker resolution, the senate llstene'
to a two hour address on the Japanes
question by Senator Gearln' VINO d.
1,ed for a resolution directing IN
onening OF negotiations with japan 40
a revision of our treaty with 1nas Id
ton.
LOOKS LIKE THE MAN