Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1863-02-06
r1rz loHN poRrERs TRIAL

ed and dsgraced The report is Of great
length, and shows most conclusively that his
willful violations Of the orders Of Gen. Pope
was the cause OF Pope's defeat. il lays bare
some Of the secret causes of the want Of sue
cess Of the army of the Potomac. Fitz John
Porter is proved and convicted traitor =
We do not wish to complain Of the govern
ment, but why are such men permitted to 90
unwhipped Of justice" To our unmilitary
mind his crimes have been too heinous fer
him to be simply cashiered and dismissed -
A lasting infamy will follow him, whether
the Union survive orsagish and second
Benedict Arnold. he .till lite dinhouored and
die unmourned:
Gen Mcdowell says the accused might nave attacked
the enemy and would have stlll had ample time for
falling back on Bull Run. Indeed, as appears from the
map, such attack would have been advance iu the
direction 0f Bull Hun lie might have found justfca.
ton too, for this step, had tbeen taken from
ton that Ia this sense u the ORDER considerable adyan
nges te be gained by departing from is terms
No position, however could be successfully taken in
the defense The only Advantage which the retreat
promised the personal safety OF the accused and
staff aud the exemption Of his troops from any partcpa
on in the sangunary battle then being fought immedi
Rtcy 10 his right. Surely such advantages these.
purchased they were, the imminent hazard Of the
sacrifice Of the whole army, those contemplated
by order. The advance OF the accused either along
the Gansyille road the night would have brought
him into conflict with the enemy The court included.
aud justly that his falling back under the circumstances
and for the purpose mentioned in his note to Generals
Mcdowell and King violation OF the joint order
himself and Gen. Mcdowell.
IL would seem also to have heeh a manifest volAt
Of the duty resting him soldier in the position in
which he placed without reference TO specific
order or direction leading or directing him to engage
fho n forward vp mo Is an
established principle Of military science that the columns
shall be held ia their advance be ready afford
mutual assistance in time Of need Another elementary
principle pf such movements is, That in the absence II
positive restraining orders the march shall always be
toward the sound of the guns thus confirming the senu
ment OF the words u Gen MDowe that IL is the soldiers
mission hgut Both these fundamental rules OF the
military profession were dsregardd in the retreat OF the
accused. He iel back precisely the that the
obligation 10 operate which was pressing upon him,
required him 20 advance, and his march not toward
but from the sound Of the enemy's cannon.
The order Of II z. NJ. Aug 90 directed the
lo push forward into action at once on the enemys
right flank, and II possible, his rear IL not
obelng, nor any attempt made obey 1t
II claimed in the defence that the accused should
not be condemned for this dsobedi0nce first because
the order received too late 20 be obeyed and
ondly, obedience it mpractcabe IN consequence
ofthe presence OF the enemy in overwhelming aud
IN consequence Of the character Of the country
which the movement would have had to be made.
There Is decided conflict in the testimony 20 the
hour which the order received II bears date IL
p NJ and Captain Pope, the staff uihcer who bore 1t,
that he proceeded direct from Zen Pope 70 the
cused and delivered early five O'Clock, or proba.
bly, three or four minutes after 3.
Charles Dufee, the orderly who accompanied him,
testes that they left Gen Pope about half past four
and went on to the head quarters Of the accused at
pace about fast they thought their horses could
travel" He thinks about an hour occupied the
road and that the order reached the accuced at about
half past i've These statements are eouooorated by The
evidence Of General Mcdowell the time aud place
which he met them and read the order. Gen. Pope
says; Il know that an Aidae1s..-.r riding Ispaly,
= 4
Of Manassas Junction, within an hour by going
at speed" General Roberts, whO present when the
order issued expressed the opinion that it should
have been delivered in halt an hour or less orders
are generally carried on such occasions" Adopting the
latest esumate-that Of General Pope and the orderly
this would give the accused two hours Of daylight within
which 20 make the attack.
On the other hand there five witnesses introduced
by the Accused-three Of them his staff officers, viz
Gen Sykes, Lieutenant-C Colonel Locke, Capt Monteth,
Lieut. Weld and Lieut. ngham' VINO depose that the Or
der was not received t about sund0wn. One Of them
ndeed-though heis not supported by the others-hxes
the hour mucn later IT, IA sscfranlng the Nalue ~
testimony, witnesses were counted and not weighed,
the question would be at once settled by the relative
numbers given Such, however, is the rule Of law,
aud may be that after carefully considering all the cir
cumstanccs felt that the explicit aud inic
gent Of Capt Pope and his Orderly, fortified
by the corroboTatye evidence Of Gems Pope, Mcdowell
and Roberts, not overcome BY the opnisns Of the
hye officers named.
There was, side Of the positive testimony oonsid-
Grafton strongly supporting this view and II is this
There Is question the time at which Capt Pope
lo with the order It at hafpast four O'Clock he
rode fast his horse could carry him. and had but
hye miles travel and yet according the theory Of
the deeneehat he did not arrive until sunset OF half
past six o,elock--he two hours the way. Is 1t
credible that staff officer bearing important order,
IN the midst Of hereey contested battle would have
Travelled this rate, aud this when he conducted
by orderly acquainted with the Qad and encountered
obstacle In his progress Is It ndtmuoh more proba
bic that but single hour occupied, and that, in
point Of fact, he arrived at half-pas hye o'clock
COnceding, however for the sake Of the argument the
ken nv he defence AT order G.
oeiyed until sunset, this would have left the accused an
hour Of daylight within which to make the movement
The enemy had been far encouraged in their advance
by the naoon OF the forces Of the accussed, and BY
their falling back, that at this late moment the front of
his column not separated from the advance of the
rebels by than mile mile and half But lit
tie time, therefore, required make the attack IL
is admitted that not made but was there any
earnest vigorous effort the part Of the accused to
obey the order Col Locke states that soon after the
receipt Of order from Gen. Pope, ne bore one from
the accused Gen. Morre directing him to engage the
enemy-Nhieh appears from the statement Of Col
Marshall TO be done with four regiments-but Gen
Morre testified that before there time 10 carry this
order into exeoution-say within about half an hour
after its receip-t was countemanded by another d.
rectng him pass the night with his troops where he
his all that was done toward attacking the
enemy aud yet Gen. Mcdowell testified that attack
late houndeed at any hour before the bat
tie closed, which dArk-woud have resulted In
I victory f0r our arms
There is faot-probAbly the most remarkable one
I disclosed by the recofd--which must have impress
ed the going far manifest the spirit Of III,
conduct Of the accused this vuepaeu. The forces o
Gen. Morell in the 'front.' and those Of Gen Syke
we're mm0diat ly in their rear, and supporting them -
/ In the progress Of Any determined movement aRans
the enemy therefore the command Of Gen. Sykes woud
be necessarily involved and the presence Of that Gent
al would be equred yet Gen Sykes states that he 'As
with Gen Porter when the order from Gen Pope
oeyed, and when that to Gen Morell sent that he
remained with him all the evening and night, that
he heard that order TO attack the enemy had
been received from Gen Pope, or had been forwarded to
Gen MOrell. What conclusion ia necessarily dra wn
] from this II the accused had seriously dtermin ed
that the order Gen. Moel should be exeomed would
he have Apprised Gen Sykes Of its ehsraoer, and
directed him 10 proceed at to his Command p
When add to this the eebeness Of the attack direct
edbeing with but four regi nens-and me further fac,
that the order revoked before sossbe to make
| the movement, escape painful impression that
the order itself issued without auy expectation that
il would or any purpose thatit should be obeyed
There Is yet other fact presented in connection
with this order which deserves passlg notice. Capt
Pope found the accused with his troops halted and the
| arms Of Of them stacked After delivering The
order and du ing his stay Of feen OF twenty minutes
he did not observe orders gwen, or any indication
Of preparation for movement IN the direction OF tht
battle field" On his return nearly an hour afterward
the same condition Of things existed The following ex
tract from lhe testimony Of Mr Dutee who aeeompan
ed CAPT Pope, will further illustrate the absence Of all
anxiety II not Of all interest the part Of the accused
Q Did you see the order delivered into the hands o
Gen Porteri
A.-Yes, Sir saw him take the order from Captain
Pope.
| Q.-was he in his tent OF out Of doors
Ale was lying down under shade tree when HI
took the order
Odd he change his position on reading the order
! OF did he continue To lie down