The Washington herald., 1907-01-08

without honor when he was charged with
a crime and where he protested his In
nocence and was denied a trial I chal-
lenge them to ind one among the 352 cases
OF discharges without honor cited by the
Senator from Massachusetts
Citizens Right to Trial.
!, The Supreme Court has said that the
birthright OF every American citizen is
his right TO a trial. Not only in the Fed
eral Constitution. but In the army regu-
lations are these guarantees TO be found
rs the President over and above the
law?" the Senator demanded
After a pause he continued: Congress
has enacted that no man shall be put out
Of the army branded with crime, with
this stigma upon him without having his
day in court" He said that Congress
probably realized that the enlisted man
would be slow TO recognize his rights.
and had, therefore, legislated for his pro-
lection. He cited the Milligan case, IN
the list L. S reports. which was tried by
a military commission in Indiana and a
conviction had when the State was not
under martial law. The Supreme Court
set aside the conviction on the grouEI
that the accused was entitled 10 a civil
trial and that even the President. through
a military commission, could not set aside
the law. even In time OF war.
Mr.. Foraker spoke Of the crime Of "cOn-
spiracy Of silence" referred to by the
President. THAT is a crime not found in
the statute, but We are told it is a helm
Gus offense," remarked the Ohio Senator,
with fine sarcasm. He read the letter Of
Mr.. Loeb. Secretary to the President ad-
dressed 70 the Judge Advocate General Of
the army asking for any pTecedents TO
sustain the President in the Brownsville
case, and elected a smile from the Sena-
tors by reading the Judge Advocate Cen
erals reply. saying that there were no
precedents for the Brownsville case.
Grant and Lee Gases Different.
He answered the citations given by MI
Lodge Of the discharges by Generals Grant
and Lee by saying that in all three cases
the charges were not without honor In
each case the entire command had been
discharged in body, while in the
Brownsville case the three battalions
were discharged. each man individually,
and each without honor. Mr.. Foraker
referred 10 the discharge Of a Maryland
regiment and a New Jersey regiment dur
ing the civil war, which the President
cited. but insisted that they were not dis
charged without honor. but were mus
tered out on account Of misunderstand-
ings growing out Of their enlistment. and
that most Of the soldiers mustered out
Immediately re-enlisted.
Mr.. Foraker remarked. with some feel
ing.
Il think every Senator knows why this
case was dragged in here" He COM
mended the regiment. read letters from
its members, and finally brought out. to
the great amusement Of Senators. the
fact that the Sixtieth Ohio were taken
prisoners at Harpers Ferry by StonewaIl
Jackson because New York regiment,
the lZ6th, which defended Maryland
Heights, became panic-stricken and fed
in disorder.
"A New York regiment" exclaimed
Senator Foraker, Heaven save the
mark He explained that he did not
mean 20 reflect on the New York regi-
ment, but merely wanted TO show that
the SiXtieth Ohio was not the only regi-
ment that surrendered at Harpers Ferry,
for the l25th New York and the Thirty
ninth New York were also there and sur
Al the same time.
Mr.. TiIIman Makes Inquiries.
Mr.. Foraker announced that It was
getting late and he would conclude his
remarks to-day Mr. TilIman. who had
been restless during the latter part Of
the Ohioan's speech. asked Mr.. Foraker
10 explain the motive behind the action
ef the President IN bringing in the
Sixtitth Ohio. The Senator has said
every Senator here knows why II was
done 90 said the South CaroIinian. What
was the animus?"
Mr.. Foraker declined TO explain. I am
not going 10 tell the Senator from South
Carolina all know. nor anything that I
know he knows he remarked.
But I don't know" persisted Mr.. Till
man. Il think the country is entitled 10
know the facts"
The Senators were in an uproar Of
laughter by this time, but Mr.. Foraker
declined 10 commit himself. saying:
There is so much pleasure in keeping
back some things that I must still de-
cline TO answer the Senator"
Does the Senator think that somebody
in the War Department thought he was a
member OF the Sixtieth Ohio?" persisted
Mr.. Tillman
i think il may be that somebody at
the War Department, or elsewhere. knew
the Senator from Ohio lived in Ohio at
that time, said Mr.. Foraker, amid much
merriment
After a short executive session, the Sen
ate adjourned 10 to-day.