Brownsville affair

[1] As a result of a United States Army Inspector General's investigation, President Theodore Roosevelt ordered the discharge without honor of 167 soldiers of the 25th Infantry Regiment, costing them pensions and preventing them from ever serving in federal civil service jobs.

[2] On the night of August 13, 1906, bartender Frank Natus was killed and police lieutenant M. Yonacio (“Joe”) Dominguez was wounded by gunshots in the town.

[3] Local townspeople of Brownsville began providing evidence of the 25th Infantry's part in the shooting by producing spent bullet cartridges from Army rifles which they said belonged to the 25th's men.

Upon closer inspection, Macklin saw they were for the US Army's Springfield rifle, issued to the Twenty-Fifth Infantry back at their former post, Fort Niobrara.

[4] Despite the contradictory evidence that demonstrated the spent shells were planted in order to frame men of the 25th Infantry in the shootings and the reported civilian pistol shots, investigators accepted the statements of the local whites and the Brownsville mayor.

[2] At the recommendation of the Army's Inspector General Ernest Garlington, President Theodore Roosevelt ordered 167 of the black troops to be discharged without honor because of their "conspiracy of silence".

[citation needed] Major Penrose was subject to a court martial for "neglect of duty, to the prejudice of good order and military discipline"; McDonald accusing him of trying to shield his soldiers from prosecution.

[2] Leaders of major black organizations, such as the Constitution League, the National Association of Colored Women, and the Niagara Movement, tried to persuade the administration not to discharge the soldiers, but were unsuccessful.

[9] Feelings across the nation remained high against the government actions, but with Taft succeeding Roosevelt as president, and Foraker failing to win re-election, some of the political pressure declined.

On February 23, 1909, the Committee on Military Affairs recommended favorably on Bill S.5729 for correction of records and reenlistment of officers and men of Companies B, C, and D of the 25th Infantry [10] Senator Foraker continued to work on the Brownsville affair during his remaining time in office, guiding a resolution through Congress to establish a board of inquiry with the power to reinstate the soldiers.

[12] On March 6, 1909, shortly after he left the Senate, Foraker was the guest of honor at a mass meeting at Washington's Metropolitan African Methodist Episcopal Church.

[13] On April 7, 1909, under the provisions of the Act of March 30, 1909, a Military Court of Inquiry was set up by Secretary of War Jacob M. Dickinson to report on the charges and recommend for reenlistment those men who had been discharged under Special Order # 266, November 9, 1906.

Weaver argued that the accused members of the 25th Infantry were innocent and that they were discharged without benefit of due process of law as guaranteed by the United States Constitution.

After reading his book, Congressman Augustus F. Hawkins of Los Angeles introduced a bill to have the Defense Department re-investigate the matter to provide justice to the accused soldiers.

In 1973, Hawkins and Senator Hubert Humphrey gained congressional passage of a tax-free pension for the last survivor, Dorsie Willis, who received $25,000.

Soldier of the 25th Infantry (photo c. 1884–90)
Court martial of Major Penrose, February 1907