New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-02-12
THE FITZ-JOHN PORTER CASE.
STATEMENTS BY POPE AND PORTER

THE CASE. .-o
WASHINGTON, Feb. 10.-The IDEA oil an III 10
cable Judgment and an ineXoraole pun'si''''n,
evidently begun to disappear III TINS eo"his,
is indicated not only by the frequency WIN
ulprits arc hardened under the rallows by the ire
gncncy with winch sentences are iC''"',,"
o,ickly after they have been pronounced'D by tno
f-oopcncv with which Judge reconsiders Ills
onnou or one Court rcvcrses the decision OF ato.hei
hnt still more strkinay by the tendency to seek All
excuse or paiaion for every oiiense that mas oeeh
condemned 10y law, and for every Oleuei VIM '''''
been subjected to legal penalty
II ,b.rs bo certain advantages in ths-if II he
,.,,o,,,ros fine means of relieving injured innocence
m cooperating those who suffer under false charges
,,,r, are also some grave disadvantages, not the
,,st # ybicl is the IMMUNITY given TO Offenders ana
,;,., ly the impression that. after all, they are
-, .le danger from rigorous Justice and have little
70 fear in the way of enduring punishment. Hang
i1,. for murder is played ont said cold-blooded
mrt,rcr m Ncw-YOik the other day. lmmedl'
at,Iv after his arrest: and nothing could show more
wildly than the coarse remark Of this wretch what
are TIE pc,5 Of society from the application OF a"'
and what tcncriiy guilt acquires from the uncer-
tity nat It's penalties will be inflicted Though 1t
ia wrong principle 10 punish any offender rs an or
erus or .csratag to others. yet the punishment OF
offenders is assurcdly \ warning 10 Others and
warning which Is net without its effect.
Eirh. Years AGO. when tine war of the Rebellion
WAS i IFS second year Iitz-John Porter, then hold
ir- tbe rank of AlaiOr-General, and serving IN the
Army os tho Potomac. was brought 10 trial before a
coar.-maglial on certain specific charges preferred
against him 20 the instance Of his superior officer
ticn PU?c) The result Of the trial was that he was
convicted sentenced to be cashiercd. and forever
numbered incapable Of holding Office under The Gov
eminent on the United S1ates the couTt-maTial by
which De- was ted consisted OF eight general officers
o. thc army, ard the sentence was approved by
President Lincoln.
For seven wears raSt M por.er las been con
s;lutly engaged in efforts 10 secure re-"XannatlDn
{. ris case and a remission Of his penalty. lie has
s-pralcd 20 three PIcsidCnts-Lmcoln. johnson, and
Grant. and in ms efforts from time 10 time, he has
secured ;he assistance OF number Of army oticeIs
ard several prominent politicians. In June last he
addressed an Appeal TO President Grant on the
siheyt (which was privately printed, and which
co.taintd a variety Of defensive and eXculpatory
documents A"Rc.oiuGer" 10 This was made soon
sc,rly Ger. john Pope, and recently "Reply" to
ffrgs lcioir3cr has been made by III. Porter
DIT. Touor ia at this time pressing lis case with
f-ats. urgency than ever aud Inc claims 70 have not
only icu,s bus assurances Of The favorable consd-
sraion O. he appeal, which viii result IN the remis
SION Of Ina sentence and penalty, removal of the
terrible imruta;ion which has rested on him for
eight years and ms nomination TO the Senate for
ro1oIaiioa TO his former rank in the army lie
alleges that evidence of the most important charac
~ in Die s,Or formerly inaccessible, has now been
Oh aimed. aud tbat it concasiyely establishes the
ial..;y Of tLe principal accusation.
Tie principal accusation against Porter was
that o. thc hrst day OF the Second Bnl Rum bat
IL. uld,r Gen. Pope, Lee being in command Of the
Nith Army Corps failed 10 obey Pope's order TO at
tack hc Rebel force in his 'front.' located near Grove
ta and lat to this failure was due the disastrous
issue Of that campaign lie was also charged with
G.ab.ying porc- order of two days before, to move
HE army ~ a given hour by his delay at which time
Le lisalaucrd Pores plan of operations. Porter
himself Sass that beside his suffering all the penal
Lcs Of conviction these charges there were efforts
uade 90 N those arising from the unchanged cline
Of treason" J presume no one can have forgotten
thai bis alleged military detection was associated
wib bis adhesion to the fortunes Of Mcclellan. who
bed Weyou,y been removed from the command OF
tie Amy Of tie Potomac, and for the securing oi
whose ri, statement ne vas believed to be- some
thing more than willing that Pope under whom he
sevod lhould he defeated aud destroyed.
Tie new material which Porter has brought fol-
v-rI 90 il,alidate the principal charge which he
We convicted and CONFERENCE.-The evidence which
he considers as establishing the fasi5y OF the ac-
susa,cu -consist, OF the testimony OF certain Rebel
commanders VINO were in his front on the day in
question. " who are allegei 10 have been there.
Chid Of these is Sen L0ngstreet who is relied on 10
show that the Rebel force in Porters front WAS 50
utaily SUPERIOR 10 Porters own force that il
vould have been utterly ruinous for Poter
% carry ont Popes order OF attack. While
he battle was beng wagod along Popes
inos on The afternoon OF the 23tA Of August Porter
whose command 'yas detailed, by a short distance
hon the ma Do body OF The Union army, received ar
order 90 ia. on the enemy's flank and rear bnt in
stead q doing this he remained inactive taking no
part iu the day operatiOus and his line of Justlca
uCp. which s. the same now as 10 was az the court
rar.ll bat which he claims 80 be Grlrrow ~ cstab-
GSI better thau L- then cOuld was thar lOpea order
Ea given 10 ignorance OF the Rebel iO!cc in bis
p@ie.sl irant, which had been greatly increased IA
u" carly rt of the day by the arrival of 70
Enforce mcH's under -OnEstr,ct An important point
L'To D. BE tine Of the arrival of LODpslIects
uoO's-"hetlcr they rot mp on that day,
HWheiher. a- Pope asserts IL was next day before
hey arrived. LOnEstrcet himself alleges in letter
addressed 70 and Published By Air Porter that he
nrwed on the ground al o'clock in the morning,
md thar before noon his command was deploved in
double limo FOR attack and this admission Porter
n1kes grca, zee Of. Longstreet does not make any
Statement as 10 the strength OF his own force. or of
@e Rebel force in Porters front at the time Of Lis
sn'al; la, hc says 1t seems TO him that Porter
"oud A..e been destroyed if he had attacked with
. SN jAau tD,utl-hy thouSand mon. These two
are thc only points of consequence ia Loup.trecr,
Brief lett..-Nlioh IS the main document COM
Gaining me-" tctuHory brought forward ~ Porter's
Lo'lsc. be ai-0 offers as evidence two other letters
nom subordinate Robe officers: but they arc 10
very 'on,'al Glory To- regard 20 the points involved