New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-04-05
THE FITZ-JOHN PORTER CASE

testimony has been addressed to the Senator with tho
request that 1t be laid before the Senate ITO show into
what grave Mr. Chandler had fallen In endeavor
ing to do Justice to history The main points Of the re-
ply, which distributed 30 Members Of Congress To-
day. may be summarized follows:
He has proof that Mr. Lincoln, just before his death,
promised reopen the case on production Of new ey
bravery and fidelity and that he had based bis approval
Of sentence On Judge Hos OPINION not having had time
Replying to Pope's first charge Of disobedlense Of
oFders mot marching his troops Aug % 1852 until two
Sss Of aud
have been DESTROYED BY the delay he says; x
starting hours only Of nishtby the urgent advice
" That my Command had reached warrenton Junction
at late hoar without food, very much istsSsd by
anu archra snd os :! tba se n was
pitch DARK the rvu was bad and blocked up with wagon
trains in considerable confusion. ,,..s.
THAT the spirit and OF the order wouu DO pes
carried out by delaying the march TIL a
the the sdg
We %ss psSs s ngsessy w ssSS ;ne
and az INV Command You'd Be required aid in drivSs
him from Manassas end clearing the country peswsea
ss ana ,ess and sesp If required renew march at
an earlier hour than would be unit for
o, them sna reasons that the
order should be obeyed that ne VINO ssuv S .yrsnt
the exertons that had to be made to comply WITH ~,
and that yielded the advice Of my sa 9n ny
had been delayed by the darkness OF the night ana ING
blocked condition Of the road u,.,,, ann.
snail prove that the result showed mat neral COM
piance with the order impracucabe; that no Tune
was lost by the delay but the march made an tne
Tor IT, and that arrived as oher troops ooul
Danded by as true soldiers ever bresthed, coming
distance and under urgent Gaef s,, was and
had been nothing for 10 do, and that Iremaned az
all that day under 5janstiSns from cen &c
twice repeated through the day. 10 remain at hlis'oi
when wanted you will be sent for ,,oo,o,
shall that knew nShng about sa MoO a,a
did not take any phen IL reached han. ,,u
I'm BRIEF shall prove this charge OF Popes not ony
false but frivolous only suggested az welgh
to the far serious accusations arising Hon 'ne
transactions q the next Sd day syi ,,.,. ,o,,,.,
this fun RENTAL %, Of the sh Rn Ia Of
the well.Inown "jont order to Gen. Mcdowell and
to all .ts tRss yMhsS
under the discretion given under the Joint order
elected march ma wns asa' or eUm he LEFT POrses
confronted by all OF Longstreeps lorce' d9uDie
more in number IN position tn Ssin Snu on a.
claims that he desired to show this his trial.
as against Popes Charge that Longsreet 50 miles
away and he now adduces Longsreets own testimony
TO prove that he Porter was right and Pope ana NC
He Claims that McDowers testimony against him on
the sacnd mot nave Sse9 On a points and
this want supplied by q member OF the Court VINO,
though acting jadeaiy ~ P0iter' ease 'eH nc 0e"e %
The details OF the movements Of Mcdowell and Porters
CP the o ad
obtained since Porter trial are very full and Porter
and he challenges his TO meet him before mil
tary tribunal Of the best army men, with the iu EVIL
dence he has ~ present. he says, they dare not
Porter that the final and most important order
from Pope given at p August 80 1862 was not
delivered to him till hours later-then too late to
a;ns against him on the trial, he adauces elaborate
p5oof 70 bas according and goes sv IN TO
hand, his action not only was the best for bis
Gohsstreet and others commanding the enemys forces
saved Pope from total capture or route as tIls re-
ter trial Porter asserts that II be makes good h state
ments by ample and new testImony-federal and Con-
victon proved most unjust He asks therefore TO De
referring to the new evidence he proposes to adduce
"You' Sir. may ask why now have to offer much
new evidence which should have been attanabe at the
time from our own ranks reply, that 1t was not OBJ
tainable for the following reasons; ..,
That the nes and CIRCUMSTANCES eneeKea nee expression OF
early the trial 10 send aids to the army at Fedeeks6urs to sec
TSrS That When did send responsibility aids 70
the my and from them aud others purl0ne or 0aed
FdSrts Some wtnsse. persuaded could furnish Trustworthy
p I%istI' aSd oibe "SSh Knew would
my 0ea s Sor no lost not only the ben
eft OF their testimony, but also the benefit OF the In
formation they had what other persons could prove
in nv favor In the latter was compelled to
duce witnesses without knowing myself. my counsel
Knowing what particular facts they possessed Of
and how to elicit them fully. These witnesses, whose
names had all given at the opening OF the Court
on the demand OF JudgeAdvocate Holt, and on his as.
srance that he would secure their early attendance OF
these planned to the Court aud TO the
Governments They give additional grounds tor arenear
Quoting from Senator Chambers speech he writes,
"Yon say what business it to him whether he
cut to pieces notf Often 1t the business OF an officer,
whether he Is cut to pieces or not But when 10 Is
sure its defeat capture 1t his business not TO be cut
pieces falling upon another much larger body Oh the
he did attack must have defeated and captured him and
army the General giving the order Do not prove
am not guilty in not doing what should not and could
not have donei Surely 1 sweep away by such proof
every atom Of the charge as you WIZ see y yon study IT,
Again, quoting from Senator Chambers speech, he
writes:
There other pono .hsh Wish to .Tds Daring thn yer.
trial daring The ys o. ID: s Of rI fsw Ss
the employment. Of Congress and whose word rOaa -hs
..n. but testimony taken down within two mia.
the utterauce Porter sad bis rsseaes:
II Pope and there's no use IN deuyiusiI
To such evidence seems scarcely worthy Of notice
for the person that makes statement Which, true -
ment Of his Is not worthy OF recognition oy men
SaS %
being lawyers who know that such evidence would not
To the Statement by made and
testified to- is false IN every particular Aside from my
Certainly had inducement to lose my pending
my trial and falsely assert in any ones presence just
what Gen. Pope was IS days endeavOring to
prove Where was this trustworthy witness then Why
did he not aud there testify to my confessed gmtf
What him for all these years and why does he
now recollect or produce evidence which, II credible.
would long ago have ended my appeals am ashamed
assertions 50 palpably c0ntryed aud wholly unsus
tanned by probabites-so wholly at variance with my
whole life and conduct.
You say that after careful investigation for IS days.
the Court unanimously rendered verdict against me
This NAV have but you cannot know II unless
some member has violated his oath Not to discover or
disclose that oath unless required to give evidence
thereof (which has not been dOne) before Court OF
Justice in due course OF law But II true the question