Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-21


Constitution.
1T is not very long since most reluc-
family. but most decidedly. concurred with
a large majority of the Senate in amend
ing certain treaties. because ii seemed to
me an Interpretation had been placed upon
those treaties which. II maintained, would
be ar encroachment on the rights OF the
Senate.
And as am jealous Of the maintenance
of all rights of the Senate and of Congress.
I deem it equally important that all rights
OF other branches of the government shall
be as scrupulously maintained. If We begin
to invade the well-defined province of the
President and invade the realms OF the
executive power the time Is not far dis
tant when We may look for executive inter-
ference with the actions of Congress or
ma ylook for congressional interference OF
executive Interference with decisions OF the
court. 1 can see nothing more disastrous
to the country than such an outcome IL
was to exclude entirely from the purview
OF the committee on military affairs the
power of the President to take action which
rested wholly within his executive discre-
ton that / have taken part in this debate
and offered my amendment. The resolution
OF the senator from Ohio as now modlneu not
only embodies in substance my amendment.
but makes II more explicit. Upon the reso-
luton of the senator frcm Ohio as 1t now
stands there can be no possible misunaer,
standing / withdraw my amendment and
trust that the resolution or amendment OF
the senator from Ohio may pass exactly as
II has been offered"
MIR Foraker's latest resolution did not In
fact grant all that was asked by the Black
burn amendment.
Senator Lodge replied that it excluded the
question of the Presidents power.
Mr. Bacon said he understood that the
resolution of the senator from Ohio embod-
led all that was contained In the amend
ment of Senator Blackburn and went 1T
tie farther in the same direction.
Mr. Lodge suggested that the word de-
nying left out.
Mr.. Foraker Explains Difference.
Senator Foraker moved uneasily as Sena-
tor Bacon was endeavoring to show that
his resolution contained everything in the
Blackburn amendment. and arose to say
that according to his understanding the TWO
amendments do not mean the same thing.
The notification" said Mr.. Foraker, 'in
my resolution leaves out for the present
time all question of the leSallty OF power
OF the President"
Mr. Lodge added that when he first
spoke lie had overlooked the word deny
ing" which at first he did not look upon
as being of any consequence in the Black
burn resolution far as containing de-
cided expression of opinion by the Senate:
He said he saw no reason for inserting tnat
word denying.
MIR Bacon then asked whether he would
object to voting TO put it in the Foraker
amendment
Mr.. Blackburn said that he had certainly
r -
cism of the right of the President to exer-
else the power he had exercised in dismiss
ing the three colored companies OF the 2otn
regiment.
depreciation could not be found in any or
his speeches on this resolution. Nothing
could he shown that he expected the COM
mittee to inquire into the question OF the
Presidents power.
1.-THE senator will find in all Of my re-
marks on this resolution. said MT For
aker precisely the same statement that
wanted the facts and had no thought OF
asking or directing the committee to IN
quire or determine any question of power.
There was some discussion concerning the
power of the President but that was not be-
cause of the resolution but only because
that question had been introduced into the
controversy by the message from the Pres,-
dent himself Later IL was brought up Dy
remarks of senator's
Mr.. Blackburn said that notwithstanding
what had been said he could not be mis-
taken about the earlier argument or the
senator from Ohio being against the power
of the President.
Mr. FORAKER insisted that what he had
contended for from the beginning was an
investigation as to the facts and not as 10
the law. But he would not consent to any
action that would stop the Senate itself In
taking any action it might think proper
after the facts were known.
Mr. Blackburn again insisted that he had
been opposed to the original resolution OF
Senator Foraker and offered his amendment
to it in order to have 1t carry disclaimer
Of any purpose of challenging the power of
the President. --r- Sac. ,....-- ...,
Mr.. Blackburn Satisfied.
81 belong" said Mr.. Blackburn. ito that
advanced school that not only believes the
President had the statutory power and au-
thority but also the constitutional power
to act as he did. For that reason l sub
mitted my amendment to his resolution
Now the modified resolution is offered and
/ very much regret that 1t should even
appear to fail to meet the views of any
senator upon either side of this chamber
Mr. Blackburn jocularly remarked that
he had ''threatened.' to speak on this reso,
mad promoted harmony of the republican
side
This amer dment" he said "is very sat-
isfactory to me. There Is not a shade OF diff
ference between 1t and my own. except that
two words are eliminated. Without excep-
ton the resolution of the senator from Ohio
embodies the precise phraseology or my
proposed amendment and goes further tor
II declares that there Is no question as to
the discretion exercised by the President
say without the slightest hesitation and
embarrassment that I am entirely content
with that resolution as now offered
He said as a member of the military at
fairs committee he would go back to the
committee with the conviction that the Sen
ate had given no authority to inquire into
the legality of the Presidents action in this
matter.
when / contemplate" he said in closing.
that within a few weeks am to pass out
of this chamber. may l not indulge the hope
that in my retirement may have the salts
faction OF feeling thai I have assisted the
republican membership here in promoting
harmony within their ranks?"
There was general laughter as Mr.. Black
burn took his seat and Mr.. For ker arose.
Mr.. Foraker's Rejoinder.
Senator Foraker said that he had listened
to Senator Blackburn's speech with salts
faction. and he could say to him that when
the other enters the room of the committee
on military affairs he will find him Senator
Foraker) constituting the meaning of the
resolution in the same way; and 1t would
have been construed In that sense even IL
not stated in words.
Senator Foraker added that at no time
had he entertained any thought of ques-
tloning In the committee under this resolu-
tion the power of the executive. Yet he had
Insisted that the Senate should not preclude
itself from doing anything in iH own way
and time that IL might want to do. His I'M
Outstanding of the modified resolutions he
had offered was that 1t did not preclude the
Sef4ate from taking in the future any action
IL might desire when the facts had been
laid before il.
This repetition by Senator Foraker of his
understanding of the intent of the resolu-