New-York tribune., 1907-01-15
STANDS BY DISMISSAL.
Continued from first page.

IN me that the Senate ought not to Investigate
the question If he had abused his authority, or
II he had exercised his power with a bad
tive. 1 should deplore any attempt of the Sen
ate to Investigate it. Why? Because in our sys-
TEN of government we have-or used to think
we had-three separate, co-ordinate branches,
no one Of which is responsible TO tt:o other in
any way, except provided by the Constitu-
ton The President, the CHIEF Exsotativs is
not responsible TO the Senate to the House.
Where discretion Is vested in the Pret&ent he
has conclusive power except as provides by the
Constitution. 1t is peculiarly not the function
of the Senate to investigate the question to
whether the President has usurped his power
or violated the Constitution, for the Senate
tains peculiar relations to the President. Pc
cuIiar functions have been conferred on the
House. and also the Senate. The House is
by the Constitution made the grand inquisitor
of the country to prepare and prosecute articles
of impeachment against the President or other
high official OF the government The Senate is
made the Judge The Senate has numerous
special functions. notably participation in the
treaty making power, but its most solemn func-
tion under the Constitution is the judicial one
its duty TO Judge. when the House presents arti-
cles OF Impeachment, as TO whether an official
has so sinned as to deserve impeachment 1t
would be a horrid thing If, when articles of
impeachment against an official were presented
by the House. 1T should find that the court had
prejucged the case. had formed its Judgment
III the President, as commander in chief has
made an order affecting the army IN the ex-
erctse Of his constitutional power It Is not COM
petent for this body or for the other to sit in
judgment to ascertain If he was warranted in
such action, or If his action should be set aside
by legislation. 1 deny that under the Constitu-
ton the Congress has any such relations with
he
stitutionally to set aside an order lawfully made
by the commander in chief"
Senator Spooner- then reviewed the powers
specifically conferred on the President and on
the Congress by the Constitution, and added:
Il deny that the sole power of the President as
commander in chief is to command the army and
direct its plans in campaign. The President IS
commander in chief IN time of war as well as
IN time OF peace. quite agree with the Senator
from Ohio that need not seek the power of
the commander in chief or the measure of his
power in the power Of the king. But there is
something 10 be said on both sides Of that uues-
ton. for in discussing this subject the courts
nave many times referred to the power Of the
king. The President is vested with mower m
command ano control the land and naval forces
with only two restrictions-the power TO make
rules and regulations and the power to appoint
ofdcers with the advice and consent of the Sen
ate Inc President can to-day remove any Of
hcer without the action of Congress or the
process Of a court martial. provided he has the
advice and consent Of the Senate"
ENFORCING ARMY DISCIPLINE
Senator spooner emphasized the fact that
every function conferred by the Constitution
carried with IT the supplementary and auxiliary
authority necessary TO carry its purpose into
effect. Under the Constitution" he said the
President commands the army This implies
the power to enforce discipline An army with
out discipline is mob. more dangerous 10 the
people that raise # than to the enemy. Con-
gress has powers and they are binding on the
do not impair his authority to command the
power TO make rules end regulations for the
land and naval forces What does that mean ?
II means the power 10 make rules, lay down
principles. But IT does not mean the utterance
OF excepted or transitory remedies which affect
the army or the navy. Can 1t be ccntended by
any one that the Constitution created. outside
Of the power given Congress to prescribe prinA
cipies. q partnership between the Congress and
the commander IN chief Two Presidents have
made orders which conficted with the powers
Of Congress, and two Attorney Generals have
oYerrued them"
Senator Bacon interrupted at this point to
land and naval forces was delegated to Con-
gress, the full power to govern" the forces,
and led on by Mr. Spooner said he believed
the Congress could designate land and naval
forces, detail officers, dispose of the forces IN
the respective states or waters. etc. He finally
declared his belief that the President, as COM
inander in chief possessed no power which the
Congress could not restrict.
AT the suggestion or senator Aldrich the
Senate then adjourned, and Mr.. Spooner will
continue his remarks tomorrow at the con-
cluson Of the morning business when ne will
reply TO Mr.. Bacon and will to the more
important phases of his speech
MR. FORAKER WILL PERSIST.
Earlier in the day President Roosevelt's mes
sage accompanied by many additional affidavits
and cigar box full of bullets and empty car
fridge Shells was received, read and ordered
printed.
Mr.. Foraker, saying he not going to make
speech, "but a few remarks" observed that
the testimony amounted 10 great deal. for the
President tells US IL is conclusive: but 1t does
not remove the objection I have had from the
beginning Of this proceeding. What L have been
trying TO contend for, and / hope VIII be sue
cessful, IS TO secure hearing for the men
charged with this serious crime. This testf-
rnony has been taken, as the other was, behind
closed doors without anybody representing the
men That is the reason shall not desist, not
withstanding what the President has said as to
the character of II, from pressing for an invest-
cation OF the subject where especially the men
who are charged with the crimes OF murder,
perjury and conspiracy can be heard, TO the
end that II they establish any facts In their
iavor they may have an opportunity 10 DO so.
Mr.. Foraker added that he should reserve his
discussion OF the new evidence submitted by
the President until after the investigation, IF
We shall order one TO be made in accordance
with the spirit Of American institutions 'where
every man, no matter how humble he may pe
shall have an opportunity to be heard" After
that investigation, Mr.. Foraker SAID, ne shouid
have something TO say about the present testl-
mony.
Later Mr. Foraker went to the clerks desk
and took from the cigar box for thoroush m
spection the bullets and shells the President mad
sent.
Senator Mallory indorsed the action of the
President He held that the President might