Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-01-08
seth CONGRESS-.
CONTINUED from Page One.)

course be given by the commanding |
| officers. hut there is another discharge |
nov described as the "discharge with |
out honor" which is not limited to the !
action of a Cour1 artial which comes
within the discretion of the President, |
the secretary of war, and the COM
handing officer. |
The regulation as to the discharge
without honor shows as explicitly az
language can the large power of the |
comma nder-in-cfiCf to order such dis. |
| charges. In som, form this power ..
summary discharge by the command
| er-in-chief. has always existed and
been exc rciSed
There can be no doubt whatever that
| the power of summary dismissal was
| inherent III ,he Office of the command
| Cr-in-chicf whe, the President was in
| vested l.y til" constitution with that
| ellie. ai.d t.!rrC has not been any at
tCN'ut OF he part of the Congress to
| prcrcr;t on interfere with the exercise
CT this authority. Enlistment is a con-
tract and has been so held by the SUI
| preme court of the United States. and
| it is d contract tcrminablc at will by
| the government This is all that is
done when soldier is discharged with
out honor. The commander-in-chief or
his representatives. terminate the con-
tract of enlist ment. The presidents are
| gathered together in the report of the
Judge advocate general and it appears
| that TO less than 352 enlisted men were
discharged without honor from the
army of the United States during the
past year. 1t makes no difference what
in, min .ir,In hot l,nr
20, or 100. or an entire regiment are
dismissed in this way. The principle is
the same in all. The power of sum-
mary dismissal must rest where it has
always rested, with the highest mill
tary authority in the country. If SOL
dicr cannot be separated from the SER
vice except by being convicted of Il
CT inc OH evidence which would salts
fy a jury in a civil case. there is no
possibility of maintaining military dis
ciplnc.
| The power to dismiss or terminate
the contract of enlistment is absolute
ly essential to the maintenance of an
army.
Ii the commander-in-chief is unable
20 dismiss from the army the soldiers
whom he rgards as dangerous to the
service and to the military discipline
without furnishing proof which would
convict to a jury. military discipline
; would be at an end and the army of
the Tinted States would become a men,
ace to the people of the country. The
law. the cOnStitiOn. the statutes and
the uniform practice are so clear as to
the right of the President to termina te
the contract of enlistment and dis
charge soldiers at pleasure that it
: seems waste of words ID anyone who
has read the statutes to argue it at all.
AR Foraker reviewed the objections
of Mr. Lodge to the Foraker resolu-
ton. The substance. he said. of the
Massachusetts senator's position was
| that the matter involved two uestiOnS
one of fact as to the ARRAY. the other
of law as to the Presidents authority
,. | NJ. Foraker said he was opposed tC
the Lodge position on both questions.
There is not autocracy in this coun-
> try" said Mr.. Foraker. mo autocratic
II dictatoria!. unrestrained and unrestrict-
ed power. not even in the commanders
in-chicf of the army Al! power is de-
rived from the constitution" While he
[. disclaincd any intention to discuss the
9 marked he would say in passing. "tha,
if what is contained III the report be-
true that there was such a conspiracy
y and such consumm,aton of it and tina
o the number of men engaged in it. anC
$ the number Of accessories before ant
after the fact necessary to carry it on
as it is charged. it is a thing which ha:
never happened in all the history o
|, our criminal Jurisprudence"
"Such Il thing never could happen
IL never will happen. and never did hap
y pen"
II Mr.. Foraker said these arrest wcr
made. but rs yet none Of the MOI
charged had been tried or given oppor
tunty to rcfutc the charges aSains
them with evidence.
r. Mr. Foraker challenged anyone t.
!, show Il single precedent for the actiol
| taken: to snow ono single instance
| when "a man has been discharge
when that man has been charged witt
crime and where he protested aSains
: so being discharged.
as tie President of the United state
t. over and above the law! Can he iSnor
1t IL" he asked.
: | Mr.. Foraker gave court rulings l
show it to be the brthright of ever.
American citizen to nc allowed tria
- wien he was charged with crime.
These men Mr. Foraker said, wcr
:" charged witt! murder and conspiracy
because there was no evidence to sus
tain the charges the men were turne
out Of service.
S. When Mr.. Foraker remarked: can
now ! come to the 60th Ohio a stir o
\ interest swept the chamber and gal
1T icrcs.
"WiIl some one tell me why the rcgl
/ mcnt was cited as Il precedent h
7 asked. AMI replying to his own Hucs
l. ton. said: But l know and cveryon
hrr" knows. why il waS 50 cited.
WAS IL" hraV"St regiment that eve
wore the uniform Mr.. Foraker main
tainrI thdtthc regiment had been hon
or, bly, discharged. II" said nc had bee
- flooded with letters and Il number &
fbcSo he, read show that the req