Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-01-15
lead him from demanding substantial JUS

lead him from demanding substantial JUS
tice.
Il did not know that the senator had
prejudices" replied Mr.. Clay.
L acknowledge that have got en- re-
torted Mr.. Tillman. land If you say you
haven't-well. l won't say what
Mr.. Clay placed himself emphatically on
record as indorsing the Presidents action.
and said he believed he voiced the senti-
ment of majority of the people of Georgia
Tillman's Action Cited.
Mr.. Bacon had the clerk read a newspa-
per clipping announcing that it cited
precedent for the Presidents action 1t
told of the dismissal of a company of the
South Carolina National Guard by Senator
Tfllman. then governor, because they re-
fused to obey orders during a disturbance
over the enforcement Of the liquor laws.
Mr.. Tillman explained the occurrence, de-
soldiers who wanted their uniforms and
brass buttons to help them with the girls
Mr.. Bacon said he thought both the sena-
tor and the President had done right.
Mr.. Spooner remarked that he presumed
this South Carolina company was white
company Otherwise" he said, 'the sena
tor would have had them lynched."
Continuing, Mr. Spooner said he would
have very great contempt for himself If
he could not discuss the questions involved
without reference to the color of the SOL
diers 1t was. he said. only legal questions
nouuced the criticism which had been made
Of the 25th Regiment, both In the letter Of
Senator Culberson protesting against send
Ing the negro troops to Brownsville. and
by Senator Tillman.
Spooner-Tillman Colloquy.
Il suppose the senator wants to be en-
tirely just" remarked Mr.. Tillman.
Il wish the senator would be just broke
in Senator SDooner.
II try to be- was the reply.
You fail to be-
you fail to be sometimes, if you will be
honest retorted Mr.. TilIman.
What does the senator mean by being
honest:" asked Mr.. SoOoner.
when l confess my sins l know every
man here is equally sinful; that's all
mean.
THE senator can confess for himself and
not for me. What does the senator Want?"
Mr.. Tillman then explained that he had
arisen to state that he had not criticised the
whole regi ment. He added there were
many good negroes.
AS this seemed to surprise Mr.. Spooner.
Mr.. Tillman added that he had had good
negroes working for him for thirty years.
and he believed there were millions of
good ones.
Il do not hate the race" he added. 81
simply feel that l am superior to it-that
is all
L
retorted Mr.. Spooner I'm some ways the
senator is superior
This ELECTED from Mr.. Tillma nthe ex-
PLANTATION:
when I say T. 1 mean that the white
race is superior to the colored race. Now
will the senator understand me?'
Mr.. Spooner disclaimed any intention to
discuss the race question, which, he said
was entirely outside the present question.
Presidential Rights.
He took the ground that it was not the
function of the Senate to invsetgate the
act of the President in his executive ca
pacity. Peculiar functions had been i'm
posed upon the House of Representatives.
1t alone could initiate, prepare and present
impeachment proceedings. The Senate. in
the exercise of its most solemn function,
was constituted the court in such cases.
This, he said, was simply an abstraction
in this case. He called attention to the
serious condition if the Senate should find
itself ''prejudged," having investigated the
case in advance.
Assuming that the President had exer-
clsed a power he possessed in discharging
these soldiers, Mr.. Spooner denied that
Congress had any constitutional power to
set aside such order.
The power of the President as comman-
d oe OF the army and navy in time
or peace was not defined by the Constitu-
ton Mr.. SDooner quoted judicial authors
ties to show that it was "the power to COM
mand and control"
He commands the army he added
and an army without discipline is mob,
| menace and dangerous to the people"
Repiying to a query from Mr.. Patter-
congress could pass a law removing the
disability of these particular men TO re-
enlist general law might be passed
but no legislation applying directly to this
specific order.
There was n partnership between the
Congress makes rules and the President
makes orders. Twice. years ago, the ex-
| ecutive had attempted to make rules In
one case Attorney General Cushing and
| in the other, Attorney General Bates, over
| ruled the executive rules which conf1icted
with the legislation
Mr.. Bacon took issue on this point, and
lowed the. entire legislative authority
| might be clipped away. The Constitution,
| he said. gave Congress power to make
| rules and regulations for the "govera-
ment' Of the land and naval forces This
| word government. he said, comprehend
| ed complete control
Mr.. Spooner held that this view abol-
| ished all functions of the commander-in-
chief. In opposition to this contention
| Mr.. Bacon maintained that the evident
purpose of the trainers of the Constitu-
| ton to take away from any one man
| the power to WELD an army.
Mr.. Bacon remarked incidentally that In
| all his experience in the Senate he had
| never heard a doctrine advanced which
| he regarded more dangerous than the
| suggestion that the President has any
| power in the Of the army that cannot
| be controlled by the law-making body.
Mr.. Spooner at this point yielded the
~ Cd ,rT1v mo MT no ,v,c AMI bod