New-York tribune., 1907-01-08

- "a
cxnpctatton was necessary, These facts are admit
ed, and are not disputed by any one. The shoot
Essd states soldiers from Fort Brown or by in
snabtsnts OF the town of Brownsville. There was
. who ed + have et dons @ re &
lSecretary OF War and tie officers of the army de-
tailed TO inquire into the affair have decided that
lshs shooting was done by the soldiers and furnish
sional League. representing the soldiers deny that
the shooting done by them, and assert that Il
an CASTOR uniforms of the troops and provided with
exploded shells from the government ranges, who
cdiurn on the troops Of Fort Brown. one OF these
tions are OF no use here. 1t will be the duty of
The eommiltee under this resolution to & take s r9s
was done by the soldiers OF by citizens of Browns
ville This IS the question Of fact In il is involved
not only the innocence or the guilt of the soldiers
but the innocence guilt of the inhahltahts o!
b. I've cnnstitIItion Lea que i tcy we're Engaged in a
riot 30 rain innocent men and did not shrink from
Wheter 70 the Gned saes st soldiers or the
81 aues 81 q is he question e tRs Of t and
as member OF the committee and a Senator |
have no opinion to express until have hearo anu
examined ell possible testimony.
TIE QUESTION OF Law.
dismissing these companies without honor exceeded
his powers under the Law and the Gonstution nut a
well now. and 1 think better than at any otner
decision as to the oueston Of fact It is purely
question of Law and think it ought TO be detachcd
cause | think that confusing question with an
other has already done harm tends no IS"are arvent mt
prompt action. The Constitution makes the the Presl-
dent commander in chief of the army and navy
Of the United States and Congress is given s,d au
regulation of the land and naval forces In the the
Fifth Amendment of the Constitution, the ahd ana
anteed TO all persons who are held to answer for
capital otherwise. infamous crime. i appears. pears
nized as being subject to a law different from mat
President ooinrander in chief the Constitution
ferred upon him all the power and authority y or r
the military law Of the times That military ;,,rey law
Broadly speaking the power OF the commanuer IN
chief was originally absolute. and wars were con-
King himself Gna The king or conmsnder CHIEF
could punish or dismiss from the service without @
to establish. Modern rules and articles of may
Adoiphus. and among English speaking. people from
practically used by both sides IN Engand1ts, Giv
wars. After the revolution which placed William
@ aSus d Muiny @ n,tsrr wc law Ko nnday 0 which II was
and deserters by courts martial This act. which
OF the military forces of England in the hands of
m srs The ne PTne99s Of m the MHay weTs eGs
in the main those adopted by at the time of the
the articles Of war which now a statute OF the
United States The commander in chief has as
seharse@ @ Except sef' SO far "a as 1t It IS limited or regE
the articles of var on this point Of punishment
or discharge the articles of are perfectly ex-
man duly shall be discharged from the
service without discharge in writing signed by
or BIZ the commanding officer when field officer
nsted s oTe G his Of Service &c as eRpea
exeept by order OF the PFesident the secretary OF
by sentence of general court martial"
THE PRESIDENTS POWER.
1t will be observed tisst the power of the Presi-
sr oen ts of War and the
man an is .,eSdps eSpresslty, T., rseeoGTnized-
sehtenee Of court % al @ the s honorsbie R SEeh ds R
ing ecer but ere Is % nr scaree y he nom d
scrfbed as the discharge without honor which
which comes within the discretion of the Presi-
& dent the RS Secretary Of war and the commanding
honor shows as explicitly as language the
c dchae @ '9 4 soe n this is pose poMer 20 Of eTanr su
syvs Ssrs Dd 6g e bee & n chief has
law, as have said. is taken from the military law
anhory ode n LIS aTs on i6 f Enga n9nf
tain, the Crown is under no obligations TO retain
period but may iscaTs n n snR tms 'FSe Tbe
o oafe M q esf fne Tsa Tey. ay epend @ f. S
man na or r. resinent ,sd IN sTms sad equally that the
disclosed by the responsible ministers of the
There can be no doubt yvlla tever that the power
of summary dismissal was Inherent in the Office OF
vested BY the Gonstltution 18th that once @S and md
there has never been any attempt the part of
of this authority. Enlistment is contract and has
been so held by the Supreme Court of the United
States and it is contract terIninable at viii by
the government. This IS ali that is done when a
soldier is discharged without honor. The com
Inander in chief or his representative terminates
gathered together in the report OF the judge ad-
y9cate general and # appears that no less, than
from the army Of the United States during the last
ciple whether one man or ten, or hundred. or
an entire regiment. dismissed in this way. The
mary dismissal must rest where it has always
rested. with the highest military authority in the
country il is impossible 10 conceive Of maintain
ing an army on any other principle. II a soldier
ing convicted of crime on evidence which would
satisfy jury in civil case there is possibility
Of maintaining military discipline.
ESSENTIAL TO DISCIPLINE
The power dismiss or terminate the contract OF
enlistment is absolutely essential to the rnainten-
through ali business and soey Gfv sncieS cnns rns
not go on If the power of dismissal removal
q Jury was not universal. 1t has been recognized
fuiiy in the Civil Service. The theory that the
debated from the foundation of the government
until under Andrew Johnson the tenure of office
the government under such limitations. the act
vas modified under Grant and repealed under
tional but that IL was iHlpTacticable has been
s Il nsf remain absolute WHAT M fr,,e nf ni
life is true with tenfod forcc of the army. IL the
army the soldiers whom he regards as dangerous
20 the service and 70 military discipline without
military discipline wouId be at an end and the
army of the United States would become a menace
TO the people OF the country. The law, the Con-