The sun., 1908-04-18
rae HOSTILE JUDGE,

| provides that soldiers OF the discharged
battalion Of the Twenty-fith Infantry
shall be allowed TO reenllst II the President
shall be satisfied that 'they had no par.
ticipatlon In the ARRAY or guilty knowledge
Of the persons engaged in said ARRAY that
took place at Brownsville;
The President gives no intimAtiOn. except
| a. already indicated, that his mind has UNDER
zone any change. lie would therefore be-
come Judge Of the worthiness Of these men
| Y reenlst II We should pass the bill intro
duoed by the Senator from Missouri, firmly
possessed Of the conviction that very few,
II any Of them. were free from guilt. In other
words. practically every man Of the battalion
would have TO prove his innocence before
one who has over and over again formally
and publicly adiudged him guilty and de.
nounced him as guilty In the severest language
Of censure- and condemnation.
Another reason why this duty should not
BE- entrusted to the President 10 that II would
be impossible for him to act upon all these
cases In detail, giving 10 the testimony OF
I each OF the i07 men, II all should apply TO re.
| enlist, that careful consideration which fair
| dealing would require
IL may be assumed that no one would ga.
Dect him to examine personally the testimony
In each case and pass judgment as the bill
I contemplates. lie would Of necessity have
TO call some one TO his assistance 10 examine
the testimony and advise him; but who would
that be1 Possibly the Secretary OF War,
who has expressed his agreement with the
President In all he has said and done In the
whole matter and In every other matter,
But he too Is q busy man, and would doubt
less require the help Of a suitable subOrdl-
nate. and thus In all probability Gen. CARING
ton as the lnspector-General Of the Army,
aud one OF the officers who made a special
investigation, would again come to the front,
and to know his undtness for such q duty
we have but 10 recall that he testified before
the Committee on Military Afars that he
would not believe anything any one Of these
soldiers might say about this matter, even
under oath. unless oorroborated in some
satisfactory way.
| But II none OF these should be called upon
TO assist the President. then somebody else
nobody knows Wh0-woud become the
judicial adviser, to the satisfaction Of whose
! whim the men would have 10 prove their n.
nocence.
Moreover how would such proceeding be
! cOnductedp Would 1t be public or pryate2
! IL Is a constitutional right Of the most i'm.
] pOINuuJ 'uhIdCteI llhb al lIlhl5 upoh NudlSN-
. ments involving criminal charges aud con.
! vlctions shall be public. 10 the end that the
! public may see to II, through the power Of
! public sentiment, that no man shall be unfairly
! condemned This trial would not be within
! the letter but II would be within the spirit
OF the Constitution. for these men are not
| now soldiers TO be dealt with arbitrarily but
| plain American citizens, invested with all the
| rights Of citizenship, who are seeking not
/ only restoration OF their good names but
also OF valuable property rights. 10 all OF
| which they are confessedly entitled, II not
! found guilty OF crime They should not be
! dealt with therefore in the dark, as though
a lot OF chattels, for that day for the American
| negro has forever passed, but IA American
| citizens. entitled to the same rights white
/ men would have under the same conditions
! In 40 far az we are to be governed by the
| fact that they were soldiers and may be sol
| diers again we should remember. as SeCre-
tary Taft said Of the white soldiers who shot
| up the town Of Athens, Ohio that they are
| in sense tho wards OF the Government,
| and for that reason entitled under such cir.
! cumstancPs, 20 the protection Of the Govern
| ment in all their legal rights. And II We are
| TO be further reminded, as we have been, that
! the President Is the Commander in Chief OF
| the Army, II is q sufficient answer that while
! il ia true, yet also II Is true that he does not
create the army. II ia not for him to say
who shall enlisC or reenlist. All that belongs
| to Congress,
! In short there is no excuse whatever for
! such a bill. TO pass II would be but pretend
/ ing to grant relief. for manifestly unless
| there has been q decided change Of mind
practically none would follow,
; l,,V "A a iv.s 10 sntta
( 1t would be without precedent. for 1t may be
safely asserted that never before In the his
! tory Of civilization has a legislative body
| been invited TO require men accused Of crime
| 10 prove their innocence before a hostile Judge
who has already adjudged them guilty; and
never before has there been a suggestion that
! any man worthy to sit in judgment upon the
! rights OF his counrymen would accept such
! a duty II asst gned him. IL conscious Of having
/ the sli ghtest prejudice gainst the accused
BY what right does the Senator from Mis-
souri, assume that the President Ia capable OF
! such manifest improprietyI
The vilest horse thief, the most dangerous
| burglar or the bloodest murderer would not
be required either to prove his innocence or
| TO submit to a trial before Judge who had
! in even the most casual way expressed the
| opinion that the defendant was guilty,
Such a performance would be Justly de-
| nounoed az q denial OF one Of the most sacred
rights Of citizenship and a lasting disgrace
| to the Judge who perpetrated It,
Who are these men that II should be even
suggested that they should be treated worse
| than common crimnalsl
They are at once both citizens and soldiers
Of the Republic Aside from these charges,
which they deny. their behavior both in the
army and out OF 1t has justly excited the
| highest commendaton, Their record Is with
! out spot or blemish.
They are typical representatives Of race
| that has ever been loyal to America and
American institutions; race that has never
raised q hostile hand against our countrys
| flag: a race that has contributed to the nation
! tens Of thousands Of brave defenders. not one
Of whom has ever turned traitor or faltered
| in his fidelity.
In every war in which we have permitted
them to participate they have distinguished
! themselves for efficiency and valor They
| have shed their blood and laid down their
| lives in the fierce shock OF battle, side by
side with their white comrades.
| They are the direct and worthy successors
| Of the brave men who so herolcally died at
| Petersburg, at Wagner and on scores Of
| bloody Acids that this nation might live.
Faithfully, uncomplainingly, with pride
and devotion. they have performed all their
| duties and kept all their obligations.
| They ask no favors because they are ne
! aroes. but only for justice because they are
| men.
The Talking Figures Of the Joke Makers.
TO THE EpIroR or THE sUS-Sir always read
with Interest In THE SUN the brief dialogues Of MI
| Knlcker and Mr. Booker, On account OF their con.