Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-03
DISCHARGE UPHELD
Senator CuIberson Denounced
the Dismissed Soldiers.
DECLARED THEM GUILTY
Read to Senate Testimony on the
Brownsville Affair.
FORAKER RESOLUTION DEBATED
Another Substituted Making Investi-
cation by Committee Mandatory
Instead Of Discretionary.

Senator Culberson addressed the Senate
this afternoon on the Brownsville affair, in
which he upheld the action of the President
in dismissing three companies of negro
troops of the 18th Infantry. Although he
| upheld that action, and said that it was
| justified by the law and by the facts. he
did not agree with the Presidents further
declaration that these men should not enter
the public service again, saying that that
was regulated by law governing appoint
ments to Office.
When the Foraker resolution was called
up Senator Foraker stated that he wished
to substitute for his first resolution an
other which makes it mandatory that the
Senate committee on military analrs snail
investigate the Brownsville incident. HIS
first resolution merely gave that committee
authority to do so, provided 1t found that
such an investigation should be necessary
in order to understand the facts.
Senator Cuberson, in opening his re-
marks, stated that when this matter nrst
presented itself to the Senate 1t occurred
to him that his course at that time was TO
remain silent. But, he said, great 1nJus-
tice had been done to the people OF Browns
Vile, and he wished to defend them.
He reviewed the record OF the three
companies of negro troops of the 10Th
Infantry that were stationed last July
at Fort Brown, within the corporate lin
it's of the city Of Brownsville.
Some of these troops said senator
Culberson, were ignorant, diSrespectful
and insolent." On the 18th of August he
said a negro soldier made a criminal as
sault upon most estimable white
woman.
Complaint was made the next day to
the commanding officer at the fort, he
said, although no arrest has yet peen
made, and the mayor of Brownsville ASK
ed the officer not to permit the soldiers
on the streets at night. That order was
entered, and it provoked resentment on
the part Of the soldiers. About midnight
of August IL some fifteen or twenty OF
the soldiers made an attack upon the
city and fired recklessly into business
houses, residences and hotels They terri
fed women and children, wounded the
lieutenant of police and murdered an in
nocent citizen Notwithstanding all this,
the people of Brownsville kept the peace,
refrained from acts of violence and con-
tented themselves with appealing to the
state and federal authorities for protec-
ton. What return is made to them for
this restraint and obedienceto law?'
Capt. Mcdonald Defended.
Senator Culberson spoke of Capt McDon-
aid and others who had conducted investi-
cations there and who. he said, had been
severely arraigned in the Senate
Il know Mcdonald WELL" he said. plain
and rough of manner and of speech, he is
as honest and as truthful as he is fearless
and brave. He is worthy successor In his
devotion and in his courage of men who
made the Texas rangers famous on the
frontier. My acquaintance with BlockSom
has not been so long, but he needs no de-
Tense l know him well enough to say that
he is a gentleman by birth and instinct.
That he is accomplished and conscientious
is shown by his military record, which Is
without blemish or stain"
He continued to say that when the record
of the case of the Brownsville affair was
presented to the President all the soldiers
denied participation in or knowledge Of
these outrages. And the President dis
missed the battalion without honor.
This action he said, has been chal-
lenged as unauthorized by law, and this
raises the important legal question nvolv-
ed in this controversy. 1t has been init
mated here that these soldiers were dis
charged because they were negroes, but the
consideration OF law In TINS case does not
make it essential to inquire whether they
were discharged because they were negroes
any more than it does to inquire whether
this controversy arose in this Senate be-
cause they were negroes.
Disagrees With President.
ct is well to say at the outset that while,
in my judgment, the President was author
lied to discharge the soldiers without honor
so much of the order as purports to debar
them from similar employment under the
federal government is imperative as be-
yond the Presidents authority. Under the
civil service rules they appear to be In
eligible for one year. The order apparently
was not Intended to apply to civil appoint
ment, to elective offices, and obviously
could not affect such cases. Moreover, that
part of the order which seeks to debar
them from re-epliStment in the army is
without force in itself.
Senator Culberson then proceeded to read
some articles of war to show exactly the
status of these men and to sustain the con-
tenton that he made to the Ineffective
ness of the declaration of the President
that they could not again be enlisted He
read from lopinions of the judge advocate
general But he said, it was unnecessary
to consider in this case all these minor
questions, as the main question at hand was
whether or not the President had authority,
in view of the fact and in view of the law
and his constitutional powers, to dismiss
from the army these three colored compa-
niles of infantry He asserted positively that
the facts and the law fully justified him in
30 dismissing them without honor. He
showed the distinction between the dis
missal with and without honor and dis
honorably, etc.
He pointed out that in order to bring
court-martial proceedings there must be
charges against individuals, in which case
trial is held under circumstances very
similar to a trial in a civil court. In this
case it was impossible to discover evidence
OF individuals SO Cnat proceed
ings could not be held. But there was
ample proof, he declared, that some of
these soldiers did the shooting. He said
that thousands of soldiers, white and black,
have been discharged without honor by the
chief executive.
During the past year. he said, 1852 en-
listed men, doubtless white and black, were
so discharged without honor. If the effort
being made here to deprive the President
of a power which has always been exer-
cised should be successful 1t would disor-
ganize the army and place it in the power
Of criminal conspirators. 1t would render
the government helpless and place the army
at the mercy of any faction which might
arise within the army circles.
He said he would then turn from the law
to the facts, and declared that the latter
were ample to sustain what had been DONE
Conduct Of the Soldiers.
''As already stated" he continued. 1.-The
conduct Of some Of the soldiers was often
siye to citizens of Brownsville and GRIM
inal assault uaa made nm al NJ that