The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-01-05
DANIEL AGREES
WITH PRESIDENT
Says He Was Within His Powers
When He Dismissed Negro
Soldiers.
GAINES STUDIES QUESTION

lF7om our Regular Corresponaent J

WASHINGTON. D. c. January f-
Senator Daniel believes that the Presi-
dent acted within the SCOPE ~ his au-
thority when he dismissed from ths
military service The Twenty -nfth In
fantry- composed Of the negroes who
shot up' the town o. Brownsville r. is
possible that Senator Daniel may make
.,peech in defense of the Presidents
action while the Foraker resolution is
under discussion. Senator Martin will
also support the President in his course
tow ards the negro soldiers.
Representative John W. Gaines. OF the
Hermitsge District OF Tennessee. wIth
put Ia q great deal of work IN studying
the case as developed by tho action Of
the President. reading precedcuts and
collecting authorities. not that the ca se
- immediately likely to come gp in the
House. but because Hr. Gaines has
faculty for getting TO the bottom Of al
most every subject which suggests itself
From the DAYS OF President Washing
ton until the present" said Ny. Gaines
to-day, cit has been a moot question
whether the President OF The United
states. as commando r. In chief OF the
army and navy. has the power TO dis
miss officers which he. AZ President and
commander-in-chief. has appointed
This controversy has arisen over officers
OF both civh and military positions and
20 those appointed by the President d.
rectly. and 20 those appointed by and
with the advice and consent OF the Sen
ate.
Nevertheless" continued Mr. Gaines
from the time Of President Washington
until the time OF President Johnson. AN
the Presidents dismissed officers iu the
civil service without trial. officers in the
military service without a court-ua rtial.
The power % appoint. except whore the
|HHHE q HN H#aan.A
been held by Congress and the courts.
AS a rule. To include the power 10 dis
miss az the Will OF the President AS
early as 17p, ! think. Congress. by vote.
adjudged that the President had the abso-
lutte right 10 dismiss civil officers. except
IN those cases where the tenure was liked
by the Constitution
The President. As President. is enpow-
cred and directed by the Constitution TO
see that the laws are faithfully executed.
and he 10 not required 90 do the work
himself and he may dismiss the officer
upon whom he has depended ~ that officer
iFils. AS commander in-chief he may iu
person take command OF the army and
navy He has never done this but he
ras directed those who have been in uer-
sonal command.
The King OF England as commando
in-chief appoints and dismisses officers ~
The army and navy. The President AS
commander IN chief is responsible ana
certainly should be given the power TO
dismiss officers and men unfit Tor the
service
When Mr.. Johnson was President
congress passed an ACT as 1 remember
II, prohibiting the President from dis
missing officers % the army and navy
In time ot peace. This was 10 res train
President Johnson from the exercise of
the full powers he enjoyed as President
and commander-in chief. Congress hns
the power % establish the army and navy
and 20 make rules and regulations con-
trolling them. But Congress cannot
establish the commander n-chief The
people elect him when they elect the
President.