The New York herald., 1870-02-16
THE CASE OF FITz JOHN PORTER.

TIE CASE OF FITz JOHN PORTER.
Tho Papers in tho Hands Of General Grant, En-
dorsed by General sherman-Lsttsr from
General Mcclellan Defending Him--De-
fcucs Of General Porter Against
the Charges Of General Pope
WASHINGTON Peb. IL, rs7o
General Fltz John P0rter's case in the hands OF
xhe President, bearing General Shcrmans endorse
ment Of General Porser's application for sem.ssion
OF the penalties General Porter does not seek
desire pardon but revis0a of his case IN the pre-
sence OF new evidence. His friends state thai he IS
willing submit MS case to the President General
Sherman ana the Secretary OF War, or other high
0incers Under the nct OF Congress passed IN
1869, the President may practically re-
wise courts martial pSCceedinrs by reap
pointmens OF tho party Affected by it's yer-
Dict renominasion places the matter before
the Senate or the Executive may, without appoint
mens remit penalties where injustice has been done.
Porter seeks rmission only at this time, and insists
that the gOvcrnment cannot properly refuse to hear
the new evidence. and urges that his opponents can
not oppose renearng OF the case without iasLcn-
inR suspicion upon them. Pamphlets couldentialy
circulated among members OF Congress and principal
army officers show that the application for rcnear-
ing rests distinctly on the proposition that the
finding OF the court martial this case was niis-
take. The appeal charges no wrong purpose or IN.
territorial injustice the part OF the court but cites
important new testimony. which at the time of the
trial inaccessible and which Is claimed 10 fully
vindicate the accused Among the many influential
parties VINO these grounds unite IN the appeal for
n nhoort
ley John Sherman. A. G. Curtin. N. p. Banks, Lafay
ette s. Foster, Ira Harris and Robert q. Winthrop.
The following "opinionn in the case from the pen Of
Major General Mcclellan presents the main facts
relied upon IN Porter's appeal. viz.:-
In the OF General Ftz John Porter two points
S the alleged failure to oSey The hsss
the n
ssss ss p sss 81 sis %
% obey obey
m s ssa sss We're s: %
ction that the should delayed that he yielded
sion. a. giving the troops more rest and bringing them to
for ihsy delayed march. Z charged
men and may confidently TO asssrted that no anprss
sced oosr q experience would maintain 'ha. General
sentence passed upon him. ns simply ssercis issd
onssr reosvins an orssr from superior At distance
% s% s Of % s xs %
the G y u. n ws 20 reach
,bls fatsuo e b. and keep them condition
think was), surely Il csnno. be regarded ssa
Now to the second point viz. .he alleged failure to
cf "a noo. ss n or q: @ about & the h0
Porter as he senior ocsr was vesed with Ss
command hs had !. 1pd:r h. his control division. IS
separated himself from Porter and with hi. two DIVISIONS
q hsss the s IL
as ao iqs 20 to think
70 % sSnds % r. here the S, Whether beth me
merely that 70 the period oi his depart
, s b a
b. Command ate, the departure Of Kings and Ssstts
q. Che time from his observation. hs st.smsn. Of
% es m
attanable to prove that LoGgsteei in position with
Ss % ss'e' i
Xspows Porter SAoss ssi II Lonsssrses
ssawsi = 1sDexsr: have BEEN
force more than double n nunter, excellent In
ass ths pPy WIN os Tn
attack. must sometime: be made under such circumstances
o. sacrhcs Itself he res. q the
@ sSs vs. s
@ mot Of 1d gIs'a a. n
piished the very important result of keepng at least
them ast,on .g.n.. rislI so1esraed
esS ns as fs E
s' @
Sy M p s &
With certainty there any such thing absoate
ssa' @ a .ad sse u &
him 10 hold superior force 10 checs proves that
.r from msri!ng snepss Imposed he IN fact
%
i1ss s pn
of the transactions Of the sh, especially in the light Of the
JUNE Z. 1859 GEORGE B. MCCLELLAN.
The printed 'appeal' presents an elaborate argu-
ment by Porter himself supported with cOplous clla-
ti0ns 10 establish the new facts and the conclusions
asserted and maintained by General Mcclellan. 1t
also cites letter to General Grant from General w.
u. Franklin mo longer In the servce rejecting very
severely upon General Pope ana presenting c0gent
or Re e tna M az Pops
and "were not original with Pope" Another
pamphlet distributed TO members OF Congress to-day
contains General Porter's reply to an article as
sumed to be from the pen Of General Pope and
published IN q New York evening Journal,
to discourage the movement for o reheartnR in
that article Pope Introduces evidence Of Porters
criminal purpose to abandon him to defeat at tho
pas 81 s% kn 20 e 2s ana o. ns
which he stated that the enemy was strong IN his
front ana advancing In heavy force and that he
assas." Porter now asserts that Pope omitted from
his citation OF tins despatch the following. Wiz
.t am now going to the head OF the column to see
what is passing and how affairs are going, and WIN
communicate with you" Commenting upon the
suppression Of the sentence quoted Porter Says
thcse words General Pope expunges my despatch
70 suit his purpose. will not characterize such
ofencs against honesty. Ny action based
upon sound military principle and viii bear soldiers test
Whom the despatch believed report right
retiring under Of superior force and knowing
that Longste before with ovcrpowering numbers
arawal would becoms necessity II my force wa:
vh ch his gabled despatch Is publshed General Pope
concludes this branch OF his subject follows Was there
able to him except of these Not thought
Porter With his efficient equal number
one,hrd Of the whole superior In freshness and ell.
cheney TO the hedhe deliberately states that he
intends march of under these appalling
Junction precisely in the opposite direction from
he believes they were suffering Can any words add force
In sifDple that