New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-03-17
THE CASE OF FITz JOHN PORTER.

| courtmartlal in his case, and assn tne
President to remit the sentence OF the
court-martial, now in force against mm,
Of disqualification forever to hold any
office of trust or profit under the govern
ment of the United States. 1t this De
granted, he then asks to be nominated TO
the Senate for restoration to his rank IN
the army, under the late act of Congress
allowing that mode Of redress OF wrong by
a court-martial. In his appeal, Mr.. Por-
ter says: SIT is matter Of general infor-
nation that the allegations against me
were inspired by the failure Of General
Pope's campaign in virginia. His friends
undertook to maintain that he committed
no error, and to attribute the result of his
operations to the detection, and treason
able misconduct Of certain off GERS and
soldiers Of the army of the Potomac, who
preferred to be commanded by General
Mcclellan
TIE court martial that tired Major Gen.
| eral Fitz John Porter was composed Of
| Major General D. Hunter, United States
Volunteers; Major General e. A. Hitch
cock, United States Volunteers, Brigadier
General Rufus King, United States
,, Volunteers; Brigadier General B. M.
Prentiss, United States Volunteers; Brig
adler General James B. Ricketts,, United
States Volunteers; Brigadier General
Silas Casey, United States Volunteers:
Brigadier General James A. Garfield,
United States Volunteers; Brigadier Gen
eral N. Buford, United States
Volunteers; Brevet Brigadier Gen
eral W. W. Morris, United States
Army; Colonel J. Holt, Judge Ad-
vocate General United States Army,
Judge Advocate and Recorder of
the court. The court was in
session forty-6ve days. devoting the
whole of that time to q calm and fair de-
liberation of the subject matter. A de-
gree of patience was exhibited in sitting
testimony and arriving at truth that
does not accompany investigations be-
fore court-martials. IL was evidently no
drumhead court-martial, called together
for the mere purpose of putting an ac-
cused officer through the forms of trial
that was to bring swift conviction. 1t
was a solemn court, convened to investi-
gate and determine, according to the
testimony, the guilt or innocence Of an
officer high in rank, charged with Of
lenses of the most serious nature a
soldier can commit. 1t was not
hurried through. but every opportunity
given the accused to disprove the changes
preferred against him. The testimony
was all carefully taken and well considered, |
and the case ably and impartially reviewed |
by Judge Advocate Holt, who concluded !
his review as follows:
The ofenses for which the pleadings and |
arraign the accused are the very |
grayest that a soldier can possibly coramit,
being neither more nor less than the w:llful |
of the orders of his commanding |
general in the midst of mcmentuoUs and |
perilous military movements, and the |
shameful Abandonment of struggling army |
which it was his solemn duty to support, in |
the very presence of the enemy, and under |
the very sound of his artillery. The court |
was careful to give to the accused the bene- |
dt of all we'll founded doubts that arose in /
their minds in reference either to the |
fact OF disobedieoee or in reference
to The measure of criminslity that |
it, and hence they found him not |
guilty Of the fourth and fitch specifications |
IF first charge: and in the same spirit the |
fourth specification of second charge was
withdrawn. While, however, the court felt |
that of crimes such as these no officer !
should be convicted but upon the clearest
nd most convincing proofs of his guilt.
they must also have felt that the honor of |
the profession of arms and the most en-
during interests OF our common govf rnment
and country imperatiyely demanded that |
there should be no aCquittal when that |
proof had been made.
The charges Of "willfnl violation Of the
orders of his commanding General in the
midst OF momentous and perilous military
and the shameful abandon
nent of struggling army, which it was
his solemn duty to support in the very
presence Of the enemy, and under the
very sound Of his artillery" were abund-
antly sustained !; and for this he was SEN
fenced to be dismissed The service and dis |
qualified forever to hold Office of profit or |
trust under the government of the United |
nous. many members of the court martial,
it has been stated, were in favor of voting |
the death penalty, believing his conduct
merited that punishment.
1t will be recollected that in 1862 Gen
eral Mcclellan nlassed large army in |
front of Richmond, where he remained |
several months without accomplishing
anything. Finally his command returned
to Turkey Bend, on the James river,
where it remained cOrnered for some |
time, and it WAS supposed by many
that it would never be able |
to get away from there. The question of
chow was General McCellan's army to be |
rescued became an all-absorbiDg one
one that sensibly agitated the minds of
the loyal masses of men interested in the
success of the Union armies. General
Pope undertook, with an army of little |
more than forty Thousand men, to do this.
notwithstanding he had asked to be re-
heved from the command of the army of |
Virginia and had been refused. His wish |
was to be returned to the Western coun-
try; but when denied this, he undertook
the noble task of saving McClellan's
army. which he did. He was to assume a