Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1908-03-28

so far as il relates TO the Negroes in
all OF the States in this country, it
would be we'll to get busy" and pass
the bill for relief as soon as possible.
II would be well to state though
that the measure introduced by SEN
ator Warner of Missouri is worse
and useless so far as e Affects the
colored vote in the doubtful States,
where men viii carefully scan all
such measures and will have explain
ed to them the blighting effect of
this kind of legislation. Here is the
report as published in the newspa-
pers Of the country:
Washington, March 19.-With the
approval and at the instigation OF
President Roosevelt. Senator War
ner of Missouri introduced to-day the
bill intended TO permit the re-enlist-
meut En- the army OF former mem
bers of the Twenty-fith Infantry
who were discharged without honor
by the President on the ground that
they participated I'm or were engaged
in "a conspiracy Of silence with re-
ference 20 the shooting ARRAY at
Brownsville. Texas, in August, 1906.
The bill authorizes the President 60
permit the rc-enlistment of such of
the Negro soldiers as can establish
20 the Presidents satisfaction that
they were not engaged In and had no
guilty knowledge or the ARRAY.
one year from the date of The APP
prOval of the act is given the sol
diers 20 establish their innocence.
Men permitted 20 re-enlist viii get
pay and allowances from the time OF
their discharge without honor" I'm
November. 1906
Senator Foraker had introduced a
bin previously TO provide for the
restoration OF the discharged men 20
the army. 10 differs from the Ad-
ministratiOn bin In permitting the
Negro soldiers 60 re-enlist upon max
ing oath that they were not involved
iu the ARRAY.
The point we desire to make is that
President Roosevelt and that Gle
ment of the Republican Party lead
ers supporting him have reversed the
rules of criminal Jurisprudence so far
as they concern the soldiers OF this
Black Battalion by requiring them
TO prove their innocence.
Let us see. a white man is charg-
cd with stealing a thousand dollars.
which theft constitutes a felony. He
is arraigned in a court Of law, either
fin the United States, Great Britain.
Germany or France. The judges in
structions throw the burden of proof
upon the commonwealth. In other
words this alleged thief can fold his
arms and say 20 the lawyers for the
prosecution. ''I refuse 20 say a word
You prove my guilt" IL the COM
mOnwealth or lawyers for the prose
cution are unable TO produce evil
dencc 20 prove that the accused man
did steal the thousand dollars the
court viii instruct the jury 20 acquit
the prisoner.
This is the rule of law In all linn
tied mDnarchies and republics. In
sufficient evidence 20 convict is al
ways the basis of the grounds for an
application for a new trial. When
You deny 20 any man or set OF men.
white or colored Gentle or Jev. this
Inherent right vested in the consti-
tutional provisions Of every state in
this Union, you deal him a stagger-
ing blow. which blow is morally
speaking as criminal as the wound of
an assassin. This is strong language
but we mean no disrespect 10 the
distinguished statesman, whose pub
Tic actions are now under discussion.
IL is the law in Texas as much so
as It is the law in Virginia and it is
the law in Virginia as much so as il
is the law in the District of Column
bia. The report of the Committee on
Military Affairs 20 the United States
Senate is unanimous in one respect
and that is that after four months
OF investigation, il has been impos-
sible 20 determine the persons who
shot up Brownsville, Texas August
l3. 1906.
There are only one set of men in
This country, who seem to know who
shot il up and they are the President
Of the United States, the Secretary
IF War and the War Department.
These gentlemen did not content
themselves with Furnishing the Black
Battalion by dismissing Il from ser
vice, but went so far as TO visit indi,
'idual punishment upon 1877 men by
them without honor and
by marring their military records.
One of them Sergeant Mingo Sanders
IF South Carolina, who had seen
-wenty-eight years of service and
whose yalOr upon the battlefield had
been sung in song and story was
among the number who were SO
treated.
How then under our code Of laws
sould President Roosevelt and Secre-
AIRY Of War William II. Taft extend
10 the individual members of the
Black Battalion infamous punish
nent in violation OF eur Constitutions
!