Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1908-05-13
soth CONGRESS.
tcontinued from Page one)


Rayner, mot that Col Stewart makes
against the President but that the
President makes against Stewart"
He has not" continued Mr.. Rayner
with sarcasm that called forth fire.
quent peals of laughter, "the temper
an1nt Of the President, that fine system
of adjustment that always suggests
restraint, calmness and moderation.
He thinks Col. Stewart should yield as
he. the President. has done on similar
occasions It is known that the Pres
ident never INDUCES in vehement ex-
pressions either in oral or written COM
municatiOns, that he is free from many
of the faults of the race and that he
has given US the most seren and plac-
i'd Presidential epoch we have ever
been blessed with
Mr.. Rayner read his letter to the
President stating his purpose to i'll
troduce In the Senate a resolution de
handing an inquiry into the Stewart
case and then read the Presidents re-
ply, ipterpolating his own comments
on the Presidents words as he went
along.
AT present I do not see how court
of inquiry could be of USE" the Presi-
dent stated in his letter. "As ! do not
see how any court could express an
opinion which l could pay more heed to
than the judgment of Wade, Grant,
Murray, Duval and Davis, on whose
judgment / have acted"
Mr.. Rayner paused in the reading to
declare that with a single exception
these officers named by the President
had been promoted over the head OF
Col Stewart to the positions they now
occupy
Continuing, he read the President 5
letter, saying that the charges against
Col Stewart already had been estab-
lished and he did not see what more a
court Of inquiry could do. "This," eX-
planned Rayner, sis the Presidents in
depreciation of his constitutional pre-
rogative. 1t has never been paralleled
In the military records of American
history. 1 challenge the production of
a case that is pOrallel to it,
The Presidents letter to Rayner
stated that he would give further con-
sideration to the senator's demand fo.-
the court Of inquiry. The President
added that there was nothing to find
out as nothing additional could more
clearly establish the facts and said
this was one of the many cases q
contentious officers demanding courts
of inquiry. to grant which would de-
stroy the discipline Of the army. The
President added that he did not under
stand Mr. Rayner's allusion to a joint
resolution of Congress.
II advised him to consult his attor-
ney general. but I do not suppose he
irh Oft hn,,
interposed Rayner, amid laughter.
kayner declared that the President.
as commander-in-chie of the army
was under the control of Congress and
had no right to infict punishment.
From a legal point of view, he dis
cussed presidents for Congress order
ing courts of inquiry-particularly the
cases of General Howard and 'Admira.
Schley. He said the authorities were all
against the President having the
slightest right to punish an officer
without SQUIRT, and no commanding
general had such right. He declared
that the President was determined to
keep Col. Stewart in exile for three
years. when he would be retired on ac-
count Of age. and he added:
Tho President says to him stay
there or surrender and retire No such
edict was ever contemplated in the inn
perial armies of central Europe" He
declared that abroad army officers lose
their Identity. nut in the United States
the Constitution guarantees every
mans life. liberty and property unless
taken from him by due process of
law"
"Now, what is court of inquiry"
the senator asked and, answering his
own question said:
II know all about them. 1 had four
months experience with one (referring
to the Schley court, in which he was
counsel for Schley). l am sorry to say
1t was packed. but it was court"
He spoke of the Dreyfus case in
France as having been tried before a
court even though witnesses against
the officer perjured themselves.
1T makes my blood boil to fever
heat to hear the President announce
such an outrage against any man." he
declared "If the man is guilty. he
should be convicted; If innocent, he
should be acquitted; in any event. he
should he tried" In an aside, the SEN
ator said:
'And why is he treated in this man
rer? Because he got into a quarrel
with plumber. Quarrel with q plumb
err. indeed! How many quarrels do you
suppose the President has had with
plumbers and everybody else? Suppose
the President should be sent to a place
like that for every quarrel he gets in
to? Why. this man had initiated the
President and he Is being punished for
It, suppose he had some advice on
the subject. The attorney general may
have whispered into the Presidents
ear that he had no right to inhict
punishment on this officer: hardly that
though, for the attorney general and
all the rest of his advisers seem to
saw to the President just what he
wants them to say
At this juncturc Senator Foraker
offered TO Senator Rayner letter
which Col. Stewart had written to the
war department from Fort Grant. ask
ing for permission to come to WASH
ingtcr and appear in his own defence
against the hardships inflicted upon
him. Foraker asked Rayner if he
would be willing to read the letter.