Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1863-01-30
Judge IIolt,s Review.

SooNO AAVhGb AtONAOWe
Iudge-Advocate Hour presented 10 the Pres.
idsnt document called review Of the testi-
mony inthe PoRrER Court Martial case. Upon
this document, 1t appears, the President based
bis decision, and this doou ment his Abolition
echoes trumpet forth as conclusive sgains.
Gen. PORTER. Two queitions present them.
selves, what is the Office Of "a Judge Advocate
In the army, and does the presentation Of such
review. appertain to his Office and duty'
By the Articles Of War, the Judge Advocate
Is made the prosecuting attorney Of the United
States in ell trials by courss-martial. BY the
same articles, he is required to transmit the
proceedings and sentence of the court, not to
the President butto the Secretary Of War, to
be by the latter officer "laid before the Presi.
dent for bis confirmation or approval, or orders
In the case"
The President lie thus placed in the position oi
10 Judge, who is to examine the evidence, and
determine whether the finding or sentence Of
the court be just or unjust. II he permitted an
argument Of the case before himself. he would
of course, If he meant to act fairly and Impair
TALLY, summon the counsel on both sides into
his presence, and hear both.
When Judge Advocate HoLr had sent the
proceedings and sentence of the PORTER Court
Martial to the Secretary Of War, to be by him
laid before the President, his Judge HoLr's)
official duties in the case were at end. Thence
forth, he had nothing further to do In the case,
but to remain silent like any private citizen,
and await the decision of the fiual Judge, the
President.
But instead of this, what does Judge Advo-
cate HoLr do7 He privately furnishes the
President with review Of the testimony in
the case, as il Is called, but which is really o
labored and Ingenious argument against General
PORTER. General PoRTRR, his counsel, his
friends and the public, were in the mean time
kept In profound and utter ignorance of any
such proceeding. How Judge Holt came to do
such disgraceful, not to say criminal act ss
this, he himself tells us iu the opening para
graphs Of his so-called review or letter to the
President, which read as follows:
Juper-ADyooArr GENERALs oFTrcE,l
January l9, 1868.
Sm:-In compliance with your written in
structions, under date of the 18Th inst, "to
revise the proceedings of the Court Martial in
the case Of Mejor-Genersl Filz John Porter,
and report fully upon any legal questions that
may have arisen in them, and upon the bearing
of the testimony in reference to the charges
and specifications exhibited against the accused,
and upon which he was tried, have the honor
to submit the following report: .7s
As the animus Of the accused toward hie
commanding General, 10 pursuing the line Of
conduct alleged againtt him, must largely affect
the question of his crimiuality, and may furnish
q safe and reliable light for your guidance in
determining point, otherwise left doubtful by
the evidence it Is proper that 1t should, il pos
sible, be ascertained before entering at large
upon the review of the case, which you have
Instructed me to make.
The review ,:letter or report of the Judge.
Advocate, addressed to the President, is long,
occupying some FIVE closely printed columns in
the newspapers. There is labored effort
throughout, and q painfully anxious desire
evinced to secure the conviction and condenna.
tion Of Gen. PORTER at the hands Of the Presi-
dent; and It is a remarkable and startling fact
that the Presidents approval of the sentence
of the court-martial and this review of the
Judge Advocate were published to the world at
one and the same time, giving rise to suspi-
cion that the latter was expressly prepared as q
Justification for the former. |
But II may be said the President ordered
Judge HoLr to furnish this review. As to this
Ehe Journal of Commsyes says:
Such seems to be the Judge.Advocate's Idea J
If his excuse, since he makes II prominent; but
il 10 no excuse. II district attorney were re.
1uessed by aludge of the Court Of Appeals in
this State to furnish private review Of . case
tried in the Supreme Court, and sent up for ex-
animation In the court above, he would cut of
his right hand, and put out his right eye, soon.
or than comply with the request