Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1907-01-08
Senator Lodge in Lengthy
Speech UphoIdS President 5
Right to Discharge Soldiers
Without Trial.
FORAKER VEHEMENTLY
OPPOSES PROPOSITION
Declares All Executive Author
tiy is Derived From ConSti-
tuition and Accused Persons
Must Have Hearing,
EBy Morning journal Special leased wire.l

[By Morning journal Special leased Wire
Washington. Jan. President
Roosevelt's dismissal of the negro
troops was again the subject of con-
tcntiOa in the senate today, and indi-
cations point to protracted debate be-
fore any of the pending resolutions on
the subject We're voted on.
Senator Lodge developed new
phase of the question by presenting a
resolution providing for an investiga-
tiOn of the "affray' at Brownsville.
and by silence conceding the authority
of the president to take the action he
did. This resolution was supported
by Mr.. Lodge in an address and OPP
posed by Mr.. Foraker, who followed
and spoke until $50 o'clock, giving
notice then that he would conclude
tomorrow
Mr.. Lodge said:
Two questions are herein involved, a
question of fact and question of law
They are entirely distinct: they ought
to be settled separately, and neither
should be permitted to cloud or OBJ
scure the other in the public mind
The question of fact may be stated
in this way. There was shooting in
the streets of Brownsville on the night
OF August 3. 1906, houses were fired
INTO. one llAH WIS kliitu anu tit lit4~ o.
tenant of police had his horse shot
from under him and was so severely
wounded in the arm that amputation
was necessary. These facts are ad-
mitted and are not disputed by any
one. This shooting was done by some
one. II was done either by United
states soldiers from Fort Brown or by
inhabitants Of the town OF BroNIs-
Vile There was no one else and il is
1aI laaf l. AIap
else who could have done II. The
president the secretary of war. and
The army officers detailed TO inquire
into the affBir have decided that the
shooting was done by the soldiers, and
furnish testimony TO sustain their
opinion. The Constitutional league.
representing the soldiers, deny that
the shooting was done by them and
assert that II was done by citizens of
Brownsville disguised in cast-off uni
forms of the troops and provided with
exploded shells from the government
ranges who committed this outrage
for the purpose of casting odium on
the troops at Fort Brown. one of
these two propositions must be
proved. for general negauons are Of
no use here Ii Will be the duty of
the committee under the resolution
to take all possible testimony and
Judge whether the shooting was done
bV citizens of Brownsville or the sol
diers Whether the citizens or the in
habitants did the shooting is the ques-
ton of fact and on that | have no
opinion to express until | have heard
and examined all possible testimony.
The question of law is whether the
president in dismissing these COM
panies without honor exceeded his
powers under the law and the con-
stitution. This question can be set
tied by the senate just as well now,
and | think better, than at any other
time without the least regard for the
committees decision as to the ques-
ton of fact. It is purely question
of law.
The constitution makes the presi-
dent commander-in- n-chief of the army
and navy OF the United states and
congress is given authority ito make
rules for the government and reguia-
ton of the land and naval forces. In
the fifth amendment of the constitu-
tion the land and naval forces are eX-
ceptcd from the rights guaranteed 10
all persons who are held TO answer
for a capital or otherwise Infamous
crime. 1t appears. therefore, that
soldiers and sailors were recognized
as being subject to a law dinerenl
from that administered in the ciNh
courts In making the president COM
mander-iu-chlef the constitution con-
ferred upon him all power and au-
thority ordinarily exercised by me
commander m-chief under the mlli-
tary law of the times. That military
law had been slowly forming through
many centuries.
BROADLY speaking. the power Of the
commander-in-ch was originally
absolute. and wars were conducted
under ordinances or rules laid down
hy the king himself Modern rules
and articles of war may be saip 10
date from those established ny Gus
lawns Adolphus and among tnGieh
sueakinr people from PrlfC kuperts
code. which was practically used bN
both sides in Englands iVh wars
Alter me revolution Wf h placed
William Of Orange OF INA one
there WAS passed the f7h ~ mut'ny
ACT. which not only rcco ized the
army and military law enc wHlcn it
WIS governed. but pro ipi we
trial of mutineers and Hf or ny
This acf which had ta bo renewed
ever, year. has kept ti q
lhe military forces iu En f'd 'H'
bands uf parliament It0
of fhr -mufIny arf aue NF i1lfH
0f war adopted hy EDS NN
fh0 malu those fdupiel
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