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Black Battalion: Speech of Hon. Joseph B. Foraker of Ohio in the Senate of the United States, 1908
			
                                  5

who shall make oath before the commission provided for by section 2,
or who shall file with such commission an affidavit showing that he did
not participate in said affray, and that he does not know of any soldier
belonging to any of said companies who did participate in the same,
and that he has not at any time heretofore and does not now withhold
any knowledge with respect to that occurrence which, if made public,
would or might lead to the identification of any participator in said
shooting affray or any accessory thereto, either before or after the fact,
and that he has answered fully to the best of his knowledge and ability
all questions that have been lawfully put to him by his officers or others
in connection therewith, shall be, and hereby is, subject to the provisions
of section 2 of this act, made eligible to reenlist in the military or
naval forces of the United States on his application therefor to any
duly authorized recruiting or enlisting officer of the United States Army
or Navy at any time after three months and within one year from and
after the passage of this act, any statute or provision of law or order
or regulation to the contrary notwithstanding; and that upon such re-
enlistment he shall be allowed full pay, according to the rank he held
and the pay he was receiving at the date of discharge, until his reenlist-
ment: Provided, That all the rights and privileges to which the soldiers
reenlisting under the provisions of this act were entitled, respectively,
at the time of their discharge shall be, and hereby are, fully restored
to them, and the record showing their discharge without honor shall be,
and hereby is, annulled, set aside, and held for naught, and the time
elapsing since their discharge without honor until the date of such re-
enlistment shall be computed in determining all rights to which they
may be respectively entitled on account of continuous service as though
they had been in the service without interruption, and they shall not
suffer any forfeiture of any right or privilege by reason of such dis-
charge: Provided further, That in any case where the regular term of
enlistment which the soldier was serving at the time when discharged
without honor has in the meanwhile expired, his record shall be, and
hereby is, corrected so as to show an honorable discharge at the time
of the expiration of such enlistment, and he shall be allowed full pay
and all rights and privileges until that time; and in the event of the re-
enlistment of such soldier under the provisions of this act his term of
reenlistment shall be deemed to have commenced as of the time when
his previous enlistment expired, and his service under such reenlistment
shall be without prejudice of any kind by reason of his former dis-
charge without honor: And provided further, That in case any of the non-
commissioned officers or enlisted men belonging to said companies and
discharged without honor shall have died since they were so discharged
and before the passage of this act, but who shall have testified under
oath or made affidavit before their death that they did not participate
in said shooting affray or have any knowledge with reference thereto,
their respective records shall be, and hereby are, corrected in accord-
ance with the provisions of this act, and their legal representatives
shall be entitled to all pay that would have become due to them from
the time of their discharge until the time of their decease.
  SEC. 2. That Lieut. Gen. Adna R. Chaffee, U. S. Army, retired;
Lieut. Gen. John C. Bates, U. S. Army, retired; Maj. Gen. George W.
Davis,  U. S. Army, retired; Maj. Gen. Jesse M. Lee, U. S. Army, re-
tired; Brig. Gen. Aaron S. Daggett, U. S. Army, retired, are hereby
constituted and appointed a commission to hear and determine all
charges or objections tending to identify any of said noncommissioned
officers and enlisted men mentioned in section 1 hereof as having
participated in said shooting affray or as having withheld or refused
to give knowledge  with  respect to said shooting  affray that would
lead to the identification of the participators therein.
  The said commissioners shall meet in such place in the city of Wash-
ington as the Secretary of War may designate and shall organize by
the selection of a chairman and a secretary and the appointment of
such other officers, assistants, or help as they may deem  necessary.
They shall have power to subpoena witnesses, compel their attendance,
administer oaths, employ a stenographer, and  incur all expenses neces-
sary to the proper discharge of their duties.  They are also authorized
to consider in connection with any case brought before them any testi-
mony  that may  have been heretofore given by such accused party,
whether in the form of affidavit or otherwise.
  They shall keep a record of all testimony taken by them and of
their finding as to each case that may be presented.
  They shall have authority to receive said charges and objections
tending to establish the identity of the participators in said affray or
the withholding of information with respect thereto for the period of
three months from and after the passage of this act. Upon the filing
    65504-7984




			
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Black Battalion: Speech of Hon. Joseph B. Foraker of Ohio in the Senate of the United States, 1908

B.


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