Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1863-02-03
Judge Advocate Holts Review of the Fitz
Johu Porter Case

The very able review Of the testimony, in the
Porter case, made by Col. Holt, occ pies eight
or ten closely printed columns Of the New York
papers. No unPrJudiced man can read this re.
view without a 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 evidence on the charges that
Porter refused to obey Popes order on the af-
ternoon Of the och Of August directing him to
"push forward intd action at once on the enc.
my's right fink, and L possible on hi, rear
1t was claimed in the defence that the ac.
cused should not be condemned for this dis
obedience frs, because the order was received
too late to be obeyed and secondly because
obedience 10 it WIS imprac,cable, in consequence
Vt the presence Of the enemy in overwhelming
fJrce and in consequence of the character of the
country over which the movement would have
had to be made Capt. Pope lett with the order
at II o'clock, and had but five miles TO travel,
yet the defence asserted that he did not arriv un-
til sunset, or l-2 o'clock. Capt. Pope says he
delivered the order as early as O'Clock, or three
or four minutes past The testimony on this
point is conflicting, but the Judge Advocate is Of
opinion that it could not lave been later than IL
o'clock. But he says;
"ConcediLg however for the sake of the ar
gument, the position taken 10y the defense, that
the order was not received until sunset, this
would have left the accused an hour OF daylight
within which to make the movement. The enc
my had been so lar encouraged, in their advance
Dy the inaction OF the lorcts Of the accused, and
by their falling back, that at this late moment the
front OF bis column was not separated from the
advance of the rebels by more than mile or a
mile aud q half But little time, therefore, was
required to make the attack. II is admitted
that it was not made but was there any earnest
or vigorous efforts on the part OF the accused to
obey the ord9r9 Col Locke states tHat soon at
ter the receipt Of the order from Gen. Pope, he
bore one from the accused to Gen. M0rrelI, d.
rectng him to engage the enemy, which, as
appears from the statement Of COL Marshall, was
to be d ne with bu. four regiments but Gen.
Murrel testified that before there was time to
carry this order into executon-say within halt
an hour after its receipt-lt was eountermanded
by another, directing him to pass the night with
his troops where he was. Ihs Was all tina, WAS
done toward attacking the enemy aud yet Gen.
Mcdowell lestlie d that an attack even at thls
late hour indeed at any hour before the battle
closed, which was al dark--w0uld have resulted
in victory for cur arms.
There is one aet-probably the most remark
able one disclosed by the record-whch must
have impressed the court as going far to manifest
the true spirit OF the conduct of the accused on
this occasion. The forces OF Gen. Morrell were
in the front, and those Of Gen. Sykes were I'M
meditely in their rear, and supporting them
In the progress Of any determined movement
against the enemy, therefore, the command OF
Gen. Sykes would be necessarily Involved, aud
the presence OF that General would be required
yet Gen. Sykes states that he was with Gem Por-
ter when the order from Gen. Pope was received,
and when that to Gen. Morell was sent that
| he remained with HIM all the evening and night,
and that he never heard that an order to attack
the enemy had been received from Gen. Pope, Or
had been forwarded " Gen. Moueli.
/ What conclusion is necessarily drawn from
this? If the accused had seriously determined
I tnat the oruer 10 zen, MOtrtN bIou u 20 exc
cuted, would he not have apprised Gen. Sykes ol
its character, and directed aim to proceed at once
to lis commando When we add to this the fee.
bleness of the attack directed-being with but
/ four regiments-aad the further fact that the or.
der was revoked before it was possible to make
the moyements-can We escape painful mpres.
sion that the order itself was issued without any
expectation that i would, or any purpose that il
should, be obeyed2
There is yet one other fact presented in connec.
ton with this Or er which deserve passing no.
lice. Capt Pope found the accused with his
troops halted, and the arms of some of them
we're stacked. After delivering the ORDER and,
during his stay Of fifteen or twenty minutes, he
did not observe any orders given. or any indica
tion OF preparation for a movement in the direo.
ton of the battle field On his return, nearly an
hour sfterward, the same condition of things ex-
sted. The following extract from The testimony
of Mr.. Duffee, who accompanied Capt. Pope,
will yet further illustrate the absence Of all anx.
ety, If not of all interest, on the part of the nc.
cused
1Question. Did you see the order delivered
into The hands Of Gen. Porter