Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-12-26

there were doubtless hardly any in
nocent, but the less guilty from those
whose guilt was heinous."
If the crime was heinCus. then the
crime was Infamous. within the
meaning Of this portion OF the Consti-
tuition Of the United states. What
right then had President Roosevelt
and the War Department 20 set them
selves up as judges. jury and high
executioners of the sentence? The
Constitution OF the United states
says that this shall not be done. It
further provides:
In all criminal prosecutions. che
accused shall enjoy the right to
speedy and public trial. by an im-
partial jury of the State and district
wherein the crime shall have been
committed. which district shall have
been ascertained by law. and 20 be
informed of the nature and cause of
the accusation: 20 be confronted with
the witnesses against him. TO have
compulsory process for obtaining
Witnesses I'm his favor. and 90 have
the assistance OF counsel for his de-
Tense"
How then could a President Of the
United States, sworn to observe these
guarantees embrace I'm a message to-
the United States Senate the follow
ing language?
"It appears that almost an the
members of Company B must have
been actively concerned in the shoot
ing, either 90 tho extent of being
participants or TO the extent of vir-
tually encouraging those who were
participants. AS 10 Companies c. and
ID, there can Doe no question that prac-
ucalIy every man i'm them must have
had knowledge that the shooting was
done by some of the soldiers OF BI
troop. and possibly by one or two 9th
crs in one of the other troops This
conccalmeut was itself a grave of
fense, which was greatly aggravated
10y their testifying before the senate
committee chat they were ignorant
, What they must have known"
Here then is the President OF the
United States violating a fuudamen-
tai principle of the Constitution it,
self by making an attack upon ciu-
zeus of the United States and afford
ing them no opportunity TO prepare
themselves for such an attack. He
gives them no opportunity 90 answer
these charges made against them. but
uses the power of his high and hon
orable Office TO crush one OF the BRAY
est bodies of men. who ever wore a /
uniform or shouldered a rifle. !
He boldly announces that he has
used an of the machinery of the gov
eminent with It's matchloss wealth TO |
secure evidence against these men
and then declines to open even one
doorway 10 permit them 90 obtain
evidence in their favor Nay. more
than this-he is in a life and death |
struggle. 500 Co speak with Hon. Jo-
seph B. Foraker 90 crush him. be-
cause I'm keeping with his Ife's work. |
he has dared 20 defend these help
less soldiers.
We confess that the spectacle is
such as TO cause any self-respocting
citizen TO hang his head Pm shame. !
And this is the Ereat Roosevelt. the
champion of "a fair deal" the spon-
sor for the cry "Au men up. rather
than some men down" Here ne is
placing the thumb screw" of the
Middle Ages upon these men, so 20
speak. by endeavoring TO force them
to testify against themselves and a.
gainst each other in plain violation
of the letter and spirit OF the con-
stitution itself.
These men have sworn that they
are innocent He said further.
Nevertheless. Il is to be said in
partial extenuation that they were
probably cowed by threats, made by
the more desperate OF the men who
had actually been engaged in the
shooting. as to what would happen
to any man who failed TO protect the
wrongdoers. Moreover, there are
tending TO show that
these misguided mon were encOur-
aged by outsiders 70 persist in their
course of concealment and denial.
4 feel. therefore. that the guilt
OF the men, who, after the event
thus shielded the perpetrators of
the wrong by refusing 10 tell the
truth about them, though serious.
was IN part due TO the unwise and
improper attitude Of others. and that
some measure of allowance should be
made for the misconduct. In other
words, / believe we can afford to
reinstate any Of these men who now
truthfully tell what has happened,
give all the aid they can to fix the