The Omaha guide., 1937-07-03
On the 10Th Infantry

In the popular mind the Constitution is associated chiefly
with the great righis-freedom Of religion, freedom of speech
and ASA mbly, trial by jury-enunciated in the Bill Of Rights
SO greatly did seddion, espionage and syndicaLsm statutes
hedge these rights during the World War and the postwar
period of hysterical chauvinism ushered in by the Legion and
the whfsehooded knights Of the flamingcross, that by merely
calling attention to the existence of the Bill of Rights public
men were likely to win for themselves the encomium "Hberal"-
always of uncertain signification in the United States. AS a
orofesed believer in the Constitution and, therefore, a Glib
eral" Borah, at a meeting aiming at amnesty for political
prisoners, in New York, in March, 1923, GRATED thus:
ut is the very essence of despotism to punish men for
offense for which they have not been convicted"
This is a commonplace of rhetoric 1t embodies a principle i'm
IAeTs IN any form Of civilized justice. lortunity to
drive home the Implications of the principle IN the practical
sphere has at least twice been presented to Borah in the Sen
ate. On August 10, 1906, in the Town of Brownsville, Texas, a.
race riot occurred in wheha battalion Of the Twenty-fifth Reg
iment (Negro) Of the United States Infantry was involved. Soon
afterwards, President Roosevelt besmirched his reputation for
square-deahng by dismissing, arbitrarily and without trial, the
entire vatalion, without honor, and disqualifying It's members
from future military or civil service. Subsequently Senator
Foraker Of Ohiontodnced In the Senate a bill to facilitate re-
enlistment of the dismissed soldiers. As a eomterthrust Sen
ator Warren Of Missouri presented a bill requiring the men, as
a condition precedent 10 being permitted to reenlist, to prove
their innocence to the satisfaction of the hostile President who
had already judged them guilty and dshonorably discharged
them. Borah, then a ~neophyte in the Senate, for this was in Ap-
ri, 1908, arose TO speak on the Warner bill To the Presidents
nconslderate action in furnishing the entire battalion without
ascertanment of guilt, Borah gave his firm approval. Said he
"There can be no question in my mind, as to the necessity of
Graduating the cancerous growth even at the expense of some
healthy flesh around" AS to the fresh injustice of the Warner
proposal, he said not a word. In his opinion, the conduct of
the soldiers meried short shrifu and he denounced it as Urea
son, not technically so, but morally, aggravated treason"
In vivl contrast with his sanctioning the dismissal of the
soldiers without trial, was his stand for Secretary DENLY. By
his own admissions, the latter appeared guilty either of con-
spring with Secretary Fall, Sinclair, ct AL, in a scheme to des-
poll the Government of valuable naval oil reserves or, at Se
least, of gross stupidity and incompetency in offEe. When a
resolution was offered in the Senate advising President Coolidge
"that it is the sense of Congress that the President should i'm
m~edlately request the resignation of the secretary of the navy"
Borah vocierursly opposed it. Here he declared himself in IA
vOr of IAN Arrangement before the proper tribunal, a trial"
he said In my opinion, impeachment is the only way by which
we can lawfully and constitutionally proceed in this matter. "
OF curse. Mr.. Borah knew that because impeachment constitu-
tonally would have to originate in the House, which was heav-
lily Republican and partisan, there was no real chance of i'm.
parchment Mr.. Borah, too. must have been aware of the
spaclousness ofhis argument that the DENLY resolution was not
constitutional ID was only an airing of the opinion of the Sdn-
ate, which nothing in the Constitution inhibits. The saratagem
was a transparent shield for Secretary DENLY. In fashioning
this shield, Senator Borah displayed a nice sensitivity toward
a principle of justice the violation Of which in the Warner mea-
sure requiring the humble Negro infantrymen to prove their
innocence to a President who had p~rejudged them, provoked
from him no compliment he inveighed aganstpassing the DENLY
resolution on the ground that in doing so the Senators would be
expressing an opinion as to the case and would thus "unfit"
themselves as Denby's judges if i~mpsachmet should be insti-
tuted.