New-York tribune., 1874-02-09
THE CASE or H7z JOIN PORTER.

TFR's DEMAND FOR NEW TRIAL ClhiNhp ~ -"
JUST REVIEW or HIS CASE.
WASHINGTON, Feb. S.--1he following Is the
letter Of Montgomery Blair which has been referred 10
recently as showing the justice OF Gen Porters demand
for rehearng on account OF testimony IN his eases
WASHINGTON, Jan. 20, 1873
To Major Gen. FrIz JoHN PORTER, horr,Slown ~ ,
DEAR GENERAL; IOu ask me what can pe dohe 10 @ ect
yonr case reviewed by this Administration. Nothing
that know Of They probably see some lronple' vlu
no political advantage in It, and wll et ~ aohe, 1ou
can get ALI YOU really want-the vindcau0n, II any
yer needed, OF your good name In the minds OF tne
peOpeby getting able aud distinguished lawyers S VINO
command the public confidence TO review the record
aud pronounce their judgment on u. Sn1Go our nd
ts, and Daniel Lord ana KeverGy @ om,no" ""
have no DOUBT Mr.. EvaTts and MT. OCOhOr, anu dr
Bartlett. and judge Black would gave Sou, 'no sa1e %
opinion These among the great lawyers OF inc day
Men their stamp would not refuse TO do justice 20
soldier suffering under great wrong NO man o,
sense will regard against their Judgment tine hndnG OF
all the courts martial or commissions OF boards 'lat
ever wero packed. 90 not mean 10 dlspaiaso naS
against prejudice, bias, and interest are required ID
Updonbtedly You are entitled to hearing by the
President You under sentence OF di'qualcaiIon
which s still in force and course of execution. II u
were an executed sentence he might say it final as
law rid himself OF il IN that way But as lne cate
s eonceye il to be his clear duty application TO
tue pardoung power, with show OF probable cause, TO
look into IT, and II he nds the sentence UNJUST u ISSUE
his pardon or course you do not want hs pardon, ana
would refuse to accept unless he puts II the ground
OF your innocence. But your applcatOh nocs
not Hs only 70 the pardoning power. Many prece-
dents, and a positive statute indicate more
compiete remedy in sucn OF gross injustice The
President restore you with the consent OF the Sen
ate Undoubtedly his duty If public justice requires
iL 1t Is not a mere matter of Executive favor do not
how he refuse TO declare his Judgment OF your
entire innocence II ne Will examine the new evidence
IL is largely evidence from the slde OF the
the war. it refates utterly the conjectural find
ings OF the court-maTal. You are as mucn entitled to
this evidence as Bazane was TO ihe tstmony o I ho
German Princes and Generals do not say that TINS
new evidence is necessary to your vindlcatiOn. nc-
Iieve with Judge Curtis, aud Mr.. Johnson, ana Mr.
Lord that you are entitled TO full and honorable ac-
uua The evidence at the trial. but the new evidence
leaves peg to hang doubt on No Jndse-Au Vocate
(whO has his character 10 take care OF VIII assert
yonr guilt III the face OF such evidence. - ,.-.,-
The public, ! think will now look az your case farly,
and no longer through glass, darky, of parry feeling
When they tried you the War Department wanted to
POpes deteat ana thelr snare on the business
Tnat honest and able Secretary Wees, in his de
fense of Mr.. Lincoln, tells how Stanton met the emer
eeucy He charged the blame Mcclellan. lie
demanded OF Mr. Lincoln his instant dismissal. He
tried to engage the whole Cabinet in IT, lie ted TO get
them all 70 SIGN q "a paper drawn Dy nun 10 eOulpei
Mr.. Lincoln to consent; but hr. Lincoln thought
Mcclellan only could rally lne ar army ana ne Tet l,
put check the business till Mcclellan was nnally re
moved and then the charges were worked up against
you. The prosecution went on the gr1nhu lilt tne
Army of Virginia" (POpc's army, which got Iii behind
defenses OF Washington, had nobiy performed tho
aruons aud perilous committed tOi IT'S campaign
marked by signal vigor and ability ;; and u you
been oyerthrOwn," and d" "JacksOn's army" (neither
within your reach nor the habit Of being captured
| or capfnte3 :" ana that for 1.-THE escape of that
| army" and the calamities and untold grief OF
| were cnargcable There not word
ruth al this 1t had scarcely any color from The
evidence the trial and now the evidence sweeps
away the whole ground OF H. SIM Tear llat nelther
trou6e You Justice although have the testi-
mony OF personal and politlcal friend OF President
Lincoln that al the time OF his death he purposed
hearing your by which evidence. nonataiuabe
during hostility, might be adduced 10 your hyOr-au act
so like his just and generous nature. And
President Fillmore, and other persons of high
Official position, repeatedly declaring your sentence
opinion OF Gen. Sherman that tyou could with prOprcy
petition the President to review your caseto remit 30
much Of the sentence as prevents YOU from holding
Office aud 10 nominate yOu for some position, The same
the time you diamissed" aud although you have
in your possession with which to ever command the at
tenOn and respect OF e alI1c Irop Oh 'nG COUNTRY
the OF that great soldier Gen Geo IL Thomas,
that could safely assert That not OF your Old
army friends believed Tor one moment that tle nndng
OF the just, and that II was universally be-
ieVed that the court had been msed; aud although
Vice-Presidcut Wilson and Horace Greeley: aud Gov.
Curtin, Senators sherman, Foster ana Harris, with
many other ngulshed leaders of the Administration
party recommended to the President the revision
you ask for s fear your case must wait.
One false argument has been used against you with
the publc-that you dsobeyed orders and diSobedi-
OF orders with without serious consequences
is military crime mat iusthes the sentence Now the
public do know the first part OF this proposition
is not true fact and that the second is not military
aud circumstances is oneuse o. the highest or lowest
grade. II may deserve death or simple repriinand
la small and without intention, 1t is
To be regarded seriously TO be serious Onense IN any
case, u mast be positive @ and Wiiilui' W' IL II pro
IN. 20 a.. a. ,,, q. ina net M in,,,cfp, h,,t
siuColS | S-iis Va -, - b, o, oT rD, =, h p -, af
sIS 10 Clilo' ~ H. ,i H. ,i,- prni' ~ 80 W - ~
bilch excuses hldi ~. " Z lV io
mem 60 HInenf n sncb erEoTs as be rro5I No
was 70 IuHSont " siN 80 eli. t, - t'lo
when GrOuchy failed him at Waterloo though he thought
II no S % a. ~ - a. h a Iii i,t nd ] r,
dud eWaoneu 1t up, nu t1,o ~ 81. ~ ~ . , @ o's W
enough finally to dqnot Whether % was tire easedy % or
amenable 10 either charge.
In regard 10 tho obligation OF orders and blind 0be
dlehce 10 nelo to sdio sIodt master VI NdI hhs IN
culCated thdt absolute, uIeasohine Dnd ODedence j.
only due when tue COMMANDER VINO elVcs the OTder Is
present IL he be assent ana the SUBORDINATE is clear
tl.n pdArr ado in md nf tIa