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

Citizens-Debate Listened to by all
Unusually Large Number of Sena-
tors and Crowded Galleries.
Washington, January 7.-Presicent
Roosevelt's dismissal of the negro
troops was again the subject Of conten-
tons in the senate today, and indica-
tiOns point to a protracted debate be-
fore any of the pending resolutions on
the subject are voted IN.
The galleries of the senate were
crowded and the debate was listened
to with the closest attention by an
unusually large number Of senators.
Senator Lodge delivered a new phase
luton providing for an investigation
of the "affray" at Brownsville, and by
silence conceding the authority of the
president to take the action he did.
This resolution was supported by Mr..
Lodge in an address, and opposed by
Mr.. Foraker, who followed and spoke
until $50 o'clock, giving notice then
that he would conclude tomorrow.
MI. Lodge said in part:
Two questions are here involved, a
question of fact and a question or
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 question of fact may be
stated this way. There was shooting
in the streets of Brownsville on the
night Of August 18th, 1906 houses were
fred into, one man a killed and the
lieutenant of police had his horse shot
under him and was so severely wound
ed in the arm that amputatlon was
necessary. These facts are not dis
puted by any one. The president, the
secretary of war and the officers of sne
army detailed to inquire into the at
fair have decided that the shooting
was done by the soldiers from For!
Brown and furnished testimony to sus-
tain their opinion. The constitution
league representing the soldiers 1eny
that the shooting was done by them
and assert that it was done by the
citizens of Brownsville, disguised lr
cast-off uniforms Of the troops and
! provided with exploded shells nom 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 nc
nse here. 1t will be the duty OF the
committee under this resolution to take
all possible testimony and decide
whether this shooting was done by the
soldiers or by citizens OF
M T. l. ~ ~,,oeKjNn nF fapf
The question of law is whether tht
president in dismisslng these com
NAMES without honor exceeded HI
mowers under the law and the const1
tuition. This question a be settle'
nv the senate lust as we'll now and
think better than at any other TIM
without the least regard for the com
mittee's decision as to the matter o
fact. 1t is purely a question OF laV
and I think it ought to be detacne'
from the question of fact and settle
at once because I think that confus
inc one question with another ma
already done harm, tenCs to"aro III
Justice and will create great delay an
Dreyent prompt action. n cohS1
! tution makes the president commando
in chief of the army and navy OF m
United States and congress is gwen al
thoIity ito make ruleS for the govern
ment and regulation of the lann an
naval forces. In the fifth amendrnen
of the constitution the land n naVa
forces are excepted from the right
Guaranteed to all persons who are hel
n answer for a capital or OtherwlS
infamous crime. 1t appears, therefor
that soldiers and sailors were recos
nized as being subject to a law differ
emit from thai administered III IN
civil courts. In making h presldeI
commander-in-chief, the "nsututlo
conferred upon him all the power an
authority ordinarily exercised oE III
commander-in-chief, under the millar
Ia Tvs of the times. The pr1nclples I
5he 'mutiny act and the artlcleS i,
war adopted by England were III I.
main adopted by us at the time Oh u
revolution and which may De ioul
embodied in the articles OF wal "hie
are now a statute or the Un1teo o'ale
Tba commandments has, as sue
+ba light inherent in his Office to pull
ish OF discharge except so Tar d. l.
linited or regulated by the law maxim
power which has enacted the aft'c''
of war.
.There can be no doubt whateV'
that the power of summary dismiss;
was inherent in the Office of commap'
er-in-chief when the president was II
vested by the constitution with tn
Office and there has never been al
attempt on the part of congress 70 pr
vent or interfere with the exercise
this authority. The power or sunmdi
dismissal must rest where IL mas a
ways rested, with the highest auLnori
in the country. 1t rs impossaoie
conceive of maintaining an army {