The sun., 1908-05-13

Commenting on a letter from Col Stewart
ln which the officer declared that he should
have had heariug Mr.. Rayner said:
The Colonel Is mistaken. Under this
ADMINISTRATION everybody is presumed 70
be guilty unless they are proved innocent
The'maxim Ia reversed He was aboring
under a delusion when he said that In law
person IL presumed innocent until proved
guilty"
Frequent references were made IN Presi-
dent RoOsevelt's letter TO the punishment
OF Col. Stewart, and pointing TO these Mr.,
Rayner said
There Is no such thing in the military Inris-
prudence Of the United states rs the COM
mandng oflcer under the Constitution In.
hicting punishment upon anybody In the
military service Of the United States The
authorities are all against II, and ! will refer
the Senate presently TO whole line VI
authorities where II has been held over and
over again that the President has not the
slightest right aud no commanding General
has the right TO iufct punishment without a
resort to the military court.
/ must cali this resolution up later In the
week for some practical action on II because
you see what the President 10 determined to
do. The President Ia determined 10 keep him
there for the next three years. The President
has put him in this position. u demand
that YOU send In your application for retire
ment; | deny you the right TO have copy
OF the charges against you. and II YOU do
not retire will keep you there for the next
three years You have either got TO stay
there or YOU have got 10 retire aud surrender
one or the other No such pdiCt as that
20 far as | have been able TO ascertain, has
ever been promugate In the imperial armies
.f h. Nka.ts all
different from what it Ia here, because there
amilitary officer loses his identity as citizen.
but here an oftlcer OF the United States army
never loses bis identity as citizen aud he is
always to be protected under the Fifth amend
ment to the Constitution
Continuing Mr.. Rayner had this to say;
Take the Dreyfus case He was sentenced
to a place like this Of course II can be said.
to the eternal honor Of the French Republic.
that II annulled the sentence aud restored
him to a citizen and mitgated bis character.
But al least he was before court. He was
convicted upon the testimony OF suborned
and perJured witnesses. But he was tried.
He was represented by past master OF the
criminal law Of France.
This man has had no counsel and no friend
except his poor wife ia Washing gton, who is
White OF my state II has been impossible
TO communicate with him 1t has been
impossible to get him a list OF his witnesses.
Such a thing was never heard Of that ! can
hnd In the military records Of any civilized
country on this earth.
The charges against Col Stewart we're
referred to by Mr. Rayner as frivolous
and petty and mot in the slightest degree
affecting Col Stewards character as
man, his honor ~ a citizen and his courage
as q soldier He continued
There are charges. az the President is
pleased TO call them, OF temperamental in
firmities, certain pecularities Of disposition
that manifest themselves whenever there is
auy opposition to the display Of individual
ism. The President has come TO the cOnClu-
sion that Col Stewart Is a man VINO wants to
have his own way whenever there is contFo-
versy between himself and others Initiating
the example OF the constitutional cOmman-
der Of the army, he wants 10 dominate the
situation; he has his own ideas about his
public duties and he doe not propose 10 be
intsrefered with In the performance Of them
Those are not the charges that Col Stewart
makes against the President, but that the
President makes against Col Stewart.
Laughter lie has not the temperament
that the President hAs-that fine system OF
adjustment and compromise that Is always
suggestive Of restraint and calmness and
moderation. Asyou will observe, none OF these
charges h Of a grave and serious nature, but
relate to petty controversies N which the
President thinks that Col. Stewart ought TO
have yelded-as the President has always
done upon similar occasions llaughterl
One instance relates TO a discussion with a
-. =. -
said 10 have used rather emphatic language
In maintaining his side Of the argument. The
President found great fault with these par
ticular temperameDtal weaknesses, because in
his own Official intercourse it is well known
that the President never ndulses In any
foruibles aud vehement expression either Ia
discourse or In written communications.
II 10 a matter OF deep regret that military
oificer should not be able to initiate the eA-
ample OF the constitutional Commander IN
Chief OF the Army, and at all times aud upon
every occasion and with every person exer-
cise that degree,of tranquility and repression
that for the last few years has given us free
dom from every kind Of tumult and COmmO-
ton, the most serene and placid Presidential
epoch that We have ever been blessed with IN
the annals OF this country.
In conclusion Mr.. Rayner said
In all the days Of the common law since
star chamber process passed into oblivion no
precedent can be found for such practice.
If we have military code In this country that
permits without hearing the humiliation Of
an oficer OF the army. that strips him Of bis
command without notice Of his alleged de-
lnquency, that without a charge against his
character or his courage or bis honor can
Danish him TO solitary exile and offer him the
alternative OF retiring or acceptance OF this
punishment, II he can be driven from one
abandoned post to another and when no asks
for the charges that have been made against
him can be denied the right TO have any in
formation upon the subject. II this is the law
of the land, then the law Of the land Is dis
grace 10 the land and ought to be oblIterated
from the statute book. aud venture 70 say
that II this be its true Interpretation II Is an
instrument OF despOtism that has no counter
part among any other people claiming TO be
civilized or under any other government pur-
porting TO be free.
The galleries appauded as Mr.. Rayner
took his seat,
Senator Rayner gave notice that he would
call up his resolution for passage tomorrow.
Miss New berry 10 he sponsor for Battleshlp
Michigan.