Iowa state bystander. [volume] (Des Moines, Iowa) 1894-1916, 1910-04-15
Long Fight For
Soldiers Ended
Justice to Discharged Men of tho Twenty.
flfthhfantp Rendered impossible BY Sec
rotary Of Wars Instructors Shrewd
Move BY Attorney n. 3. Marshal.
Political lesouc Protests.
BY N. BARNETT DoDsoN.

Political League Protests.
BY N. BARNETT DoDsoN.
The board Of army officers appointed
under the amended Foraker bill to de-
eide upon the possible re-enlistment of
the discharged soldiers Of the black bat.
TALON has closed its hearings. and the
recorder Of the court shows his inten-
ton to deny re-enlistment on the ground
that the evidence proves that colored
soldiers did the shooting and that no
colored soldier has afirmatively prov
ed his innocence Of participation In the
shooting or In the 30 called conspiracy
Of silence. The senior counsel for the
colored soldiers, N. b. Marshall, Esq.
refused to argue and declared the In
structions to the court by the secre-
tary Of war improper In compelling
the soldiers to prove their innocence
affirmatively and the action Of the
court one sided. This episode in the
tragedy of injustice against these 10y
al soldiers Of the fag,, an episode des-
tined to be historic ard one in which
we can take special pride because At
torney Marshall Is q colored American
and also because Of the improper In
structions Of the war secretary, Is re-
ported In recent issue OF the Wash.
ington Star, which says:
Something Of sensation was pro-
duced during the closing sessions Of
the army court Of inquiry which is in
vestigating the Brownsville raid Of
August, 1906, by statements made by
N. B. Marshall Of the Washington bar,
who was associated with Brigadier
General A. r. Daggett, U. s. A., re-
tired, as counsel for the Negro soldiers
seeking restoration to the army.
Attorney Marshall declined the offer
of the court to submit an argument on
the general ground that 1t would serve
no purpose and implied broadly that
the court had been improperly instruct
ed by the secretary Of war and that
the recorder Of the court Captain
Charles r. Rowland, Twenty first In
fantry, had made no effort to produce
any evidence favorabis ito the dis
charged soldiers.
In declining to argue the case Mr..
Marshall gave two specific reasons. as
follows:
"First, because the procedure adopt
ed by the recorder Captain Howland)
and acquiesced in by this court leaves
1t undetermined In my mind whether
this court is q court Of inquiry or q
court martial, or, in other words,
whether the recorder is an impartial
investigating officer or prosecuting
officer; second, because the instruc-
tions of the secmtary Of war to this
court conflict so fundamentally and
totally with my legal training as to
make it impossible for me to build an
argument which would attempt to
prove a negative.
"For these reasons" said Mr.. Mar
shall, IT can neither argue nor can
appeal to your merciful consideration,
for, in all honor, this honorable court
is bound by the limitations imposed by
the authority from which its instruc-
tions proceed.
"The record Of this court will show
that offered to produce testimony OF
an affirmative and positive character,
giving the names Of the particlpators
(persons not In the military service OF
the government in and details OF an
alleged conspiracy to commit this
crime.
.The record Of this court will also
show that no effort has been spared
to produce before this court evidence,
no matter how fiimsy or circumstan-
tial, which might in the slightest de-
gree tend to demonstrate the guilt Of
the men who formerly defended the
flag and the honor Of this our common
country"
The particular instructions given by
Secretary Dickinson to the court at
the outset Of the investigation, to
which Mr.. Marshall took especial ex-
ception, are as follows:
"Such conclusions as may be reach
ed by the court in respect to the ell
gibility for re-enlistment Of the former
enlisted men Of the TWenty-ffth in
fantry, at Brownsville, who were sep
arated from the military service In the
operation Of discharges without honor,
should be affirmative and positive In
character and based upon such pre-
ponderance Of testimony as will sup
port its specific finding"
The court listened to the lawyers re-
marks without comment and arranged
to sit again to hear the closing adj
dress Of Captain Howland, which will
include summary Of the evidence
submitted to the court, together with
his conclusions.
In view of the gross injustice to 167
brave colored soldiers. not one OF
whom has been found guilty and for
whom Joseph Benson Foraker sacri-
feed his political life, and for the sake
Of justice and free institutions In this
republic the National Independent Po-
litical league urges every colored cit
izen to write his protest to a congress
man or senator and to President Taft.
Every church, society. organization
and league should do the same and
this injustice be protested publicly at
special or other public meetings. State
and local branches of this league are
asked to do likewise. The loyalty Of
the colored Americans to these soldiers
as against injustice Is one of its great
est rlnries. Let us not desert now