The daily Green Mountain freeman. [volume] (Montpelier, Vt.) 1861-1865, 1863-01-28
Judge Advocate Hollis Review of the Fitz
john Porter Case

or ten closely printed columns of the New York
papers, No unpreiudiced man can read this re-
view without feeling of intense Indignation
against the man who could thus peril the Union
cause. We have no room for even an abstract OF
this paper, but give that portion of the review
which relates to the evidences on the charges that
Porter refused TO obey Pope's order on the az
ternoon of the och of August directing him to
push forward into action at once on the enc
my's right flank, and if possible on his rear,
1t was claimed in the defence that the &C.
cused should not be condemned for this dis
obedience first, because the order was received
too late to be obeyed; and secondly because
obedience to it WAS impracicable, in &C consequence
IF the presence Of the enemy in overwhelming
force, and in consequence Of the character Of the
country over which the movement woaId have
had to be made Capt. Pope left with the order
at 4 10 o'clock, and had but five miles to travel,
vet the defense asserted that he did notarriy2 an
til sunset, or l-2 o'clock Capt. Pope says he
delivered the order as early US o'clock, or three
or four minutes past. The testimony on this
point is csnfctng but the Judge Advocate is of
opinion that it could not have been later than l-2
o'clock. Bat he says
"Conctdiug, however, for the sake Oh the ar
gument, the positien taken by she defense, thai
the order was no: received until sunset, this
would have left the accused an hour eff daylight
within which to make the movement. The enc
my had been so far encouraged, in their advance
by the inscton OF the forces OF the accused, and
by their falling back, that at this late moment the
front Of his column was not separated from the
advance Of the rebels by more than mile or
mile and half. But little time, therefore, was
required to make the attack. 1t is admitted
that it was not made but was there any earnest
or vigorous efforts on the part Of the accused to
obey the order ? Col. Locke states that seon af-
ter the receipt of the order from Gen. Pope, he
bore one from the accused to Gen. Morre, d.
recting him to engage the enemy, which, as
appears from the statement OF COL Marshall was
10 be d1ne with but four regiments but Gen.
Morrell testified that before there time TO
carry this order int execution-say within half
an hoGr after its receipt-it was Counternanded
ey another, directing him to pass the night with
his troops where he was This was all that was
done toward attacking the enemy, and yet Gen.
Mcdowell testified that an attack even at this
late hour Indeed at any hour before the battle
closed, which was at dark-wouid have resulted
in victory for our arms.
There is one fact-probably the most remark
able one disclosed by the record-whieh mast
have impressed the court as going far to manifest
the true spirit Of the conduct of the accused en-
this occasion. The forcss of Gen. Morrell were
in the front, and those Of Gen. Sykes were i'm
medstely in their rear, and supporting shen.
In the progress Of any determined movement
against the enemy, therefore, the command Of
Gen. Sykes would DO necessarily involved, and .
the presence of that General would be required |
yet Gen. Sykes states that he was with Gen. Por-
ter when the order from Gen. Pope was received
and when that TO Gen. Norrell was sent tina.
he remained with him all the evening and night,
and that he never heard that an order to attack
the enemy had been received rom Gen. Pope, or
had been forwarded to Gen. Morreli.
What conclusion is necessarily drawn from /.
this? If the accused had seriously determined
that the order to Gen. Morrell sAeud be exc
cuted, would he not have apprised Gen. Sykes Of
its character, and directed him to proceed at once
to his command? When we add to this the fec
beness of the attack directed-being with but
four regiments--and the further fact that the or.
der was revoked before it was possible to make
the movements-can we escape painful impress
sion that the order itself was issued without any
expectation that it would, or any purpose that it
should, be obeyedo
There is yet one other actpresented in connec-
ton with this orc err which deserves easing no.
tice. Capt. Pope found the accused with his
troops halted, and the arms of some of them
were stacked. After delivering the order, and
during his stay of fifteen or twenty minutes, he
did not observe any orders given, or any ndca
tion of preparation for movement in the direc
Al knt4In EAldt ia hia nnarlu