The Washington herald., 1908-05-13

not SEE how any court OF inquiry would
express an opinion to which / should pay
more heed than tn the judgment of Gems.
Wade, Grant Murray, Duyall, and
Davis, in accordance with whose recon-
mendations / have acted. You say II Is
only by a cour. OF inquiry that we could
ascertain the truth or untruth of the
charges. I feel that the truth OF the
charges has been established beyond the
possibility of upsetting by the reports
quoted in Che body OF my letter.
'The case is absolutely clear; nothing
would more quickly destroy all discipline
in the army than continually to grant
courts of inquiry to contentious, inefi-
sient, or disobedient officers whose mis-
conduct is already proved beyond. the
possibility OF rebuttai. Baseless requests
for such courts are continually made by
offenders of contentious disposition: it
would be highly undesirable 10 grant
them
He Claims Full Power.
Il do not understand your allusion to
a joint resolution by Congress. Such
measures as those taken IN this case are
purely within the scope of the Presi-
dents duties and authority. The course
followed In this case is the course which
viii hereafter be followed to the great
benefit OF the army in all such cases.
letters to this effect have already been
addressed to the commanding officers Of
the several departments
AT the outset Of his speech Mr.. Rsyner
dIselaImed any hostility 10 President
Roosevelt or any partisan purpose. ~
think" he said "thAt the President has
made a mistake; that ne has again fallen
into a grave error in regard TO the ex-
tent of his prerogative under the laws
of the country" He called attention TO
the fact that no charge was made against
Col. Stewart when he was given the al
tentative Of retiring from the army or
being exiled to Fort Grant. Commenting
on letter from Col. Stewart in which
the officer claimed ne should have been
given a hearing. Mr.. Rayner said, with
evident sarcastic intent:
The colonel is mistaken. Under this
administration everybody Is presumed to
be guilty unless they are proven inno-
cent The maxim Is reversed He was
iaboring under delusion when he said
that In law a person is presumed innocent
until proven guilty"
Mr.. Rayner took up the precedent in the
case OF Gen. Howard, and showed that
Conkling, Summer, Morrill,, Logan, and
Thurman participated In the debate The
result. he said. was the passage OF a
resolution identically in the terms OF the
Rayner resolution, with one slight cor
rection, which he would make. He was
willing, he said, to change his resolution
50 as TO request" instead Of direct the
President to order a court Of Inquiry 10
! investigate charges against Col Stewart.
Frequent references were Tnaue in Presi-
! dent RoOseYelts letter TO the punish
ment' of COh Stewart, and pointing 70
these Mr. Rayner said
There is no such thing In the military
| Jurisprudence Of the United States The
/ authorities are all against it, and / will
| refer the Senate presently 10 a whole
| line OF authorities where 1t has been held
/ over and over again that the President
/ has not the slightest right, and no COM
nanding general has the right. to infici
a punishment without a resort 20 the
/ military court"
| 4 little later Mr. Rayner said
| THE President Is determined 10 keen
him there for The next three years. The
/ President has put him in this position ]
demand that you send in your application
/ for retirement: I deny you the right Il
have a copy OF the charges against you.
and il you do not retire / viii keep you
( there for the next three years You have
/ either got 90 stay there or you have got
/ to retire and surrendsr-one or the other
Has No Parallel Abroad.
NO such edict as that so far as have
been able TO ascertain, has ever been pro-
mulgated In the imperial armies Of the
European continent, where they are al
different from what IL is here, because
/ there a military officer loses his identity
as a citizen, and here he is always 10 be
protected under the fifth amendment 10
1 the Constitution
/ Mr.. Rayner continued:
Take the Dreyfus case lie was SEN
| fenced to a place like this. To the eter-
/ nal honor Of the French republic, il
annuiled the sentence. restored him 10
a citizen and cleared his character.
/ But at least he was before a court-he
was tried. He was represented by a past
master Of the criminal law In France.
This man has had no counsel, and no
! friend. except his poor wife in washing
ton. who is the granddaughter OF the late
/ Senator William Pinkney Whyte. OF my
State. It has been impossible TO com
municate with him 1t has been impOs-
slble to get him list Of his witnesses.
Such a thing was never heard Of. that
can find, in the military records Of any
| civilized country on this earth.
Compares Him TO President.
"The President has come to the con-
eluson that Col. Stewart is q man who
wants to have his own way whenever
there Is a controversy between himself
and others Initiating the example of
the constitutional commander Of the
army. he wants to dominate the situa-
ton; he has his own ideas about his
public duties. and he does not propose
to be interfered 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. (Laughterl He has not the
temperament that the President has-the
fine system of adjustment and compro-
mise that is always suggestive Of restraint
and calmness and mOdera ation. As you
will observe. none Of these charges are
of a grave and serious nature, but relate
to petty controversies. IN which the
| President thinks that Col. Stewart ought
TO have yielded. as the President has al
ways done upon similar occasions.
| (Laughter)
1T is a matter Of deep regret that a
military officer should not be able 70 imi-
| tate the example of the constitutional
Commander-in-C Chief of the army, and az
| all times exercise that degree of tran
guilty and repression that for the last
/ few years has given US freedom from
every kind OF tunult and commotion the
most serene and placid Presidential epoch
that we have ever been blessed with In
/ the annals of this country
No Precedent for Practice.
| In conclusion. Mr. Rayner said:
.sr- ~ u. a,--- ,e t5,o ,,y-,r,,cv, la,,-