The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-01-08
RIGHT TO DISMISS
NEGR0 SOLDIERS
Lodge Defends. hile
Foraker Attacks, Pres
ident'S Course.
DIFFER BOTH AS
TO LAW AND FACT
Ohio Senator Declares There Is
No Autocratic Power in This
Country, Not Even in
the Commanded
g in-Chief of
Army.

WASHINGTON, d. c.. January L.
President Rooseyelt's dismissal OF the ne
gro troops was again the subject OF
contentious in the Senate to-day, and
indications point TO g protracted debate
before any OF the pending resolutions on
the subject arc voted on The galleries
OF the Senate were crowded, ana the de-
bate was listened to with the closest at
tcrtiou by an unusually 1arEe number OF
Senators
Senator Lodge touched upon new
phase OF the question. and introduced
resolution providing for an investigation
OF the "atfray" at Brownsville. and by
silence conceding the authority of the
President to take the action he did. This
resolution was supported by Mr.. Lodge
.u an address, and opposed by Mr. Fo-
raker, who followed. and spoke until 3
o'clock. giving notice that he would con
clude tomorrow.
Two Questions Involved.
Mr.. Lodge said in part: TWO questions
Gre hcSe lnvoiyed-a question OF fact and
n question Of law. Tney are entirely dis
ti,nt: thelr ought 10 ne settled separately.
ena neither should be permitted to cloud
tir obscure others I'm the public mind.
-.rlie ouesdon OF fact may be stated in
this way. There was shooting in the
streets Of Brownsville or the night Of
August i3, 1906; houses were fred into.
one man WIS killed, and the lieutenant
OF police had his horse shot under him
and was 50 severely wounded in the arm
that amputatlon was necessary. These
facts are not disputed by any one. The
President the Secretary OF War. the
officers OF the army detailed to inquire
into tho affair have decided that the
shooting WAS done by the soldiers from
Fort Brown. and furnished testimony to
sustaIn their opinion. The Constitution
League. representing the soldiers. deny
shooting was fIons by them. and assert
that ii Wa4 done by -Ii.s litIrsn5 of
Brownsville. disguised In cast-off uniforms
Of the troops, and provided with exploded
shells from the government ranges, who
committed this outrage for the purpose
of casting odlum on the troops in Fort
Brown.
"One of these two propositions must
be proved, for general negations are Of
no use here. II Will be the duty of the
committee, under this resolution. to take
all possible testimony and decide whether
this shooting WAS done by the soldiers or
by citizens of Brownsville. This Is the
question OF fact.
The Legal Question.
.7.he question OF law is whether the
President in dismssing these companies
without honor exceeded his powers under
the law and the Constitution. This ques-
ton can be settled by the Senate just
as well now. and / think better. than at
any other time. without the least regard
for the committees decision In the mat
ter of fact. 1t is purely n question of law,
and / think 1t ought to be detached from
the question OF fact and settled at once,
because / think that confusing one aues-
ton with another has already done harm,
tends toward injustice. and will create
great delay and prevent prompt action.
The Constitution makes the President
commander-l Int chief of the army and navy
of the United States, and Congress is
given authority to make rules for the
government and regulation of the land
and naval forces.
,.In the fifth amendment of the Consti-
tuition the land and naval forces are eX-
cepted from the rights guaranteed to all
persons who are held to answer for n
capital or otherwise infamous crime. 1t
appears, therefore. that soldiers and sail
ors We're recognized as being subject to
n law different from that administered
in the civil courts. In making the Presi-
dent communicative -chief the Constitu-
ton conferred upon him all the power
and authority ordinarily exercised by the
commanderin-chief under the military
laws of the times.
"-rhe principles of the 'mutiny act and
the Articles Of War adopted by England
were in the main adopted by us at the
time of the Revolution, and which may
tbe found embodied in the Articles of
War. which are now statute OF the
United States. The commander in chief
has, as such, the right inherent In his
office to punish or discharge except so
far as it Is limited or regulated by the
law-making power which has enacted
the Articles of War.
No Question of Right.
There can be no doubt whatever that
the power Of summary dismissal was
Inherent In tho Office Of conlE1ander'ln-
chief when the President was invested
by the Constitution with that Office, and
there has never been any attsmpt on the
part of Congress to prevent or interfere
with the exercise of this authority. The
power of summary dismissal must rest
where 1t has always rested with the nigh
est military authority in the country.
1T is impossible to conceive of maintain
ing an army on any other principle. If a
soldier cannot be separated from the ser
Vice except by being convicted of crimo
on evidence which would satisfy Jury IN
civil case there Is no possibility OF
maintaining military discipline.
''The power to dismiss or terminate the
contract of enlistment is absolutely es-
sential to the maintenance of an army,
In fact, the principle runs through all
business and society.
THE law, the Constitution, the statutes
and the uniform practices are so clear as
TO the right of the President to terminate
the contract of enlistment and discharge
soldiers at pleasure that 1t seems a waste
pf words tO nny one who haS read the
statutes to argue Il nt ALL"
Foraker Against Autocratic
Power.
Mr. Foraker replied vigorously to Mr..
A ndpa,s snench, taking issue with the