The Montgomery advertiser., 1907-04-11

accessories after the fact by protect Argues fOs Negroes. These men had been given no op- portunity to be heard. It seemed to me that no man in this country was so humble that he should not be given day in court somewhere or some time, or some place to make his de- fense. confront his accusers and re. flute thah testimony against him. ana especially should soldiers have the benefit of such a hearing.
 T believed that this was thetr right under the constitutioR. did not believe that even the president as commander in chief Of the army had power to deprive them of this right
 But without regard to that aues- tion 1 felt that they should have this opportunity. I secured it for them. T spoke repeatedly in favor of the l proposition to have an investigation, But the record will be searched in vain to find one word of disrespect toward anybody from the president 1 down to the humblest man figuring in any connection with the matter. 'It was with me simply. great. broad question of constitutional pow, l. "Honored" witt Negro Vote. [ Tt has been said that 1t was an ef- fort to secure the negro vote. It tries
  but that claim might be disposed of, ono would think, by the simple statement that for more than thirty years l have been honored with that vote almost to man. and simply because. as in this case. l have always upheld their rights under the constitution and the laws. The investigation has been in pro- gress; 1t Is not yet completed. would prefer not to speak of the results un- til they have been fully determined, llif nha1len0a6 | do not heSl- ate to say that the testimony so far taken justif1es the investigation. cannot here and now analyze the tes- | timony, but it Is enough to say that tho evidence already taken warrants the belief that not man in that battalion fired a gun.
 T am not alone in this belief. All the officers of that command. who, at thr beginning were by circumstantial evil dence made to believe tIat some of their men had been participators in the shooting, are now Of the opinion and have so testifieE--that all were innO cent.
 But. however all this may be. tho men have had a hearing They have been permitted to state -heir defense; and whether that defense prevail or not it has been demonstrated that this Is a government of law, government where the rights of citizens, no mat ter how humble they may be. shall be protected by the law, and not govern ment under which. by antocratic and arbitrary orders and decrees men may be dishonored and stripped of their most valuable rights.
 But running through all this con- tention there is found another broad and important question. What is the office of a Senator? Is he mere agent or Is he supposed to have opinions ot his own with liberty to stand for them fin debate and when he votes?
 q have always understood and thought that representatives of the people are accountable only to the peo- pie: that they are not properly subject to any other influence. and for that req son I stand ever ready to render to my constituents an account or my steward ship. It is their right to have it--it Is my duty to give 1t: and If they are dissatisfied. they have a remedy Tor that dissatisfaction In their own hands They can select another.
 s"But while conceding the right of everybody else to differ from me, l deny the right to anybody except my constituents to call me to account. Therefore. 1t is that I propose to car ry my cause directly to my consult uents whenever issues may arise in which I am interested. If they agree with me I shall be rejoiced; If not. [ shalt be satisfied. But while I will thus submit my cause to the people and abide by their Judgment l VIII not submit to the dictation or threats or menaees of any kind of boss, big oEs little. inside the State or outside the State Neither will I acquierce With out protest in what l do not approve, no matter by whom It may be pro- posed.
 T believe In our dual system of government one State and the other national; one to deal with legal af- fairs, the other with those that are national and international. believe that as the business of the govern ment and the duties of the government multiply it will become more and more strikingly manifest that our fathers were wise in providing such n system and that instead of talking about the obliteration of State lines we should more than ever he careful to preserve to the States their proper rights and functions. just fs we have always been jealous to protect the federal government in the exercise Of all the powers delegated to 1t, either express or by implication.
 Concluding the Senator said:
 "we can be proud also of the honor and integrity of the business men of this country What they most need today is not so much an increased surveillance and guardianship of law as that liberty of action and trust and confidence in protection under the law which they have always heretofore enjoved. ,s trusts there are. and always have been, and always will be, but there Is also a law for their prevention and punishment. and with respect to all such let the law take its course"