The Montgomery advertiser., 1907-01-17

| by the testimony of his own mouth; and when my Southern friends ask me if the senator from Ohio is really as rabid and as bitter as he seems, l tel them no--his ferocity is pureiy ora torica1; it is simply the lingering .ofce of g tyrannical habit which continues to have some power over the tongue long after 1t had been expelled from the heart. - | sIf the senator from Ohio could con- vict the President of the charge ne I has charged against him, that or Tn l flicting harsh and brutal punishment I without any authority of law. then, | continued Mir. Carmack, The will nave | placed the President on an eninence of infamy from which no man can take I him down."
 i Discussing the merits of the case and | the right. of the President to act. Mir. 1 Carmack said that wherever the chief executive does an act that Is within ! the scope of his exclusive powers. ne Is necessarily the sole and exclusive ! judge of the facts on which his act IS based. Nevertheless. for Its own pur- poses and with a view to possible fu- | ture legislation, the Senate has right | to inquire into the facts of the case. Whatever might be our opinion or these facts, they could not affect the
 legality of the Presidents action" Maintaining that the President had no alternative in his action, Mr. car mack said:
 Tt may be a sound maxim in crim- inal Jurisprudence that Is better that ninety nine guilty men should escape than one innocent should be hanged,
 but 1t is not true tlat it is better that
 ninety-nine muroerers shall wear the
 uniform of the United States and carry it's guns to slaughter peaceful citizens
 that one innocent soldier shall be dis charged.
 Such a maxim would destroy the discipline of any army"
 Paying his compliments to Senator
 Tillman, MT. Carmack said:
 The senator's speech was powerful;
 1t was picturesque. It was full of good and striking points but it seemed to me that his premises were upon the
 side of the earth and his conclusions upon the other with no bridge between.
 If there is anything that appears plain
 ly to my mind from that speech, 1t is that these soldiers ought to have been discharged from the army long time
 ago and that the President deserves
 criticism. not for doing 1t now, but
 for having delayed 1t so long,"
 Lively interest was developed when Senator Tillman took hand to jus
 ttfy his act in dismissing 8 company of the South Carolina mflitiamen when he was Governor. Mir. Carmack had quoted this as a precedent for the president and remarked that 1t was a distinguished compliment the president had paid the Senator to fol low his lead in "lynching" his conn pany.
 Mir. Tiliman said he had letter from the commander of the company resigning from the service.
 "Oh," eJaculated Mir. Carmack, T am surprised that the Senator acted without the slightest inquiry or inves- tisation.
 MT. Tillman protested that the two cases were in no way analogous. The president has turned loose a band of murderers on the land, he added.
 MT. Carmack held that they were at least out of the army and not wear ing Its uniform or bearing Its arms and then gave what he regarded as the real purpose of the agitation-an attempt to unhorse Mir. Roosevelt as the Republican leader.
 There is Something Yelled. He said: Tt seems to me that there | is something else behind these uncall- | ed for attacks upon the president | than a passion for justice and law. Whence comes this new found zeal for | the law and constitution this jealousy l of executive encroachment upon the powers of Congress and the rights of citizens? This particular act of the president is simply an occasion. but 1t Is not the cause of this violent and | concertetd attack upon the adminis- tration."
 He went on to say that notwith- | standing the president has done enough | in all conscience to alarm every real | friend of the constitution and of the | republic, through it all he has had | the united and enthusiastic support of | all the Senators upon the Republican nf hA nhav 1hAr nl TIA has his course been called into ques- tions. After outlinging some of the objectionable executive acts to him, MT. Carmack proceeded:
 "It is by the best and most honora- ble acts of his administration that the president has aroused so deadly an an- tagonism within his own party. He | might have continued te trample upon | the law to the end of time and there | would have been no voice of protest | if he had not otherwise offended. The | president has made the mistake of | compelling his party to violate all it's | traditions, to break with It's old time l friends, to turn It's guns from its allies | of a hundred battles; he has brought 1 the great railways and trusts and | corporations of the country to know | that there are such things as law and government.
 Helpless under the compelling force of public opinion, he arrayed behind him his party leaders have yielded snarling and reluctant halfway ooedi- ence to his will biding time and oppor- tunity to strike."
 Declaring this to be "the beginning of the fight to break the power of the only leader of the Republican Par ty who ever arrayed it against the enemies of the people" he said:
 Tt is an effort to put the party back into it's old position, to renew its old alliances, make peace with its old time friends and renew It's covenant with the plunderers and oppressors of the American people"
 Roosevelt Must Fall.
 And he declared it would succeed All the resources of the gentleman in the White House cannot stay the inevitable. |" He has attempted the inn possible task of recreating the Repub- lican Party There is a force as per- sistent ana compelling as the law of gravitation that will pull the sRepubli- can Party back to the position from which by main strength and awkward ness the President has lifted 1t up"
 He told the Republican Senators that they must make choice of the alter native either to renominate President Roosevelt or give us back our plat form"
 He declared in their hearts they were longing for the time to come N~hen they would cast off this RooseVelt@n incu- bus" He declared that the sentiment