The New York herald., 1879-01-03
Reassembling Of the Board of In
quiry at West Point.
DAMAGING EVIDENCE.
Sergeant Dyer Testifies that the Famous
Order Was Delivered in Daylight
Investigation Directed by Presi-
dent Lincoln.
WEST PorNT. Jan. 2, 1879.

|
| WEST POINT, Jan. g 1870
The ceeJre the last session of which was be-
gun at Wost Point to-day. has been from the first Of
such marked and peculiar character that it deserves
more tnan the usual notice of passing events. In
many of its aspects it is altogether unique case,
having been before the public than sixteen
years. involving the truth of history in one OF the
| most important and bloody campaigns of our civil
| war, and exhibiting the testimony of many Of the
principal actors both sides Of the contest There
is much than the personal vindication Of
| General Porter involved in this inquiry, as
| there in the original court martial Of
| the winter of 1SS2-63, and the complete
| and exhaustive testimony which General Porter's
and the Judge Advocate have brought forward
will doubtless be of value to the future historian. not
only in deciding the merits of the questions directly
at issue but in arriving at estimate Of the cond
tion and animus of the American people during the
deadly strife. General Popes campaign with the
Army of Virginia Immediately succeeding McClelan's 8
movements the Peninsula disastrous to
the Union arms to almost paralyze the will of the
loyal States. There indignant and universal
demand to know why, with the troops who started
| out under General Pope's command, reinforced by
the veterans of the Army of the Potomac, the Union
| forces should have been unfortunate they
| were in the month of August 1862. The
admitted fact that General rorter's corps
did fighting the 29th of August. when. as
General Pope telegraphed to Washington. we had "a
terrific combat with the combined forces of the
enemy, lasting throughout the day." would seem
to give color to tho charges against him, and
the further accusations that he might by a
proper exercise of vigor have fought Longstreet's
forces and prevented their junction with Stonewal
Jackson's the next day added fuel to the flame of in
dgnation that felt by many persons against this
hitherto popular officer The trial occurring in the
of the passionate feelings excited by the
and at time of national disappointment and
modification, it has been claimed by Porter
| and his friends that he did not and
could not receive equal and exact justice
The partisan feelings of the have at this day
far died out that any political anus connected with
this question seems out Of place. If the result
the present inquiry shall be to establish General
Porter's innocence his case will certainly afford
most remarkable illustration of the injustice which
| may be imposed under proper legal FORMS If he is
| vindicated the vindcation must necessarily be
complete that it will carry an assurance of his inno
cence to every candid mind. And il the present
Board shall. after such exhaustive inquiry, be-
eve in the justice OF the verdict originally given
General Porters will be finally disposed Of, and
he must forever after hold his peace.
TRIAL IN 1862
The military court which met in Washington for
the trial of General Ftz John Porter the 9th of
November. 1862. consisted Of the following mem.
|
L. A. Hitchcock, Brigader General Rufus King. Brig
adler General b. NJ. Prentiss. Brigadier General
Brgader General James A. Garfield Brigadier Gen
era N Buford Brigadier General j. p. Slough, and
| colonel Joseph Holt. Judge Advocate.
Tho charges, stripped of technical language were
First, violation of tho ninth article OF with
tie night August ~ march o'clock the fol-
lowing morning, ''this at Warrenton, in the
State Of Virginia on or about August 2s 1862" The
second specification was that he dsobeyed the order
of August D. known 1.-THE joint order directed to
Generals Mcdowell and Porter to move toward Gains
vile. in which matter Porter claimed lie subject
to the direction of Mcdowell, his superior officer.
The third specification Porters failure to attack
the N to the
at once the enemy's flank" &C.. which
order Porter claimed he did not receive till from
half past six TO p. NJ. when darkness pre-
vented compliance with 1t, though he made the in
itia attempts carry it out. The fourth specifca
present ut the battle the 30th August; the
hfth specification that he allowed Piat's brigade to
off, and delayed its arrival the 30th of Au-
gust. The second charge violation of the fifty
second article OF war, with four specifications
First that Porter. with regard to the "a: 80 p. NJ.
order, did retreat from advancing forces of
the enemy without any attempt to engage them to
aid the troops. who were already fighting greatly
superior numbers, and were rely ing on the flank at
tack he to make" &c. The second specification
is tlat did shameully fall back and retreat from
the advance of the enemy" the 10Th of August.
The third specification of the nature AS the
second, aud the fourth charges him with per-
sonal cowardice and failure to INSPIRE
the resistance demanded by the importance of his
position and the momentous consequences and dis
asters OF retreat at so critical juncure of the
day." subsequently this last (fourth) specification
was withdrawn by the Judge Advocate. The trial
lasted forty-ve days, during which the government
called the witnesses. including General Pope Gen
eral Il. 5. Roberts of his staff lin whose name the
charges were preferred, and who is dead, Gen
eral Irwin Mcdowell General Hcinizclinan General
King. himself member Of the Court and sitting in
Judgment. and others. The witnesses called by Por
counsel nurobered twenty two. and included the
members OF his staff, aud Generals Moroll, Griffin
Mcclellan. Burnside, Parke, Sykes, Butterield John
Lutord, Kugses and others. After pronouncing the
accused guilty Of the various charges spccinca
tois with two exceptions OF the latior. the result
Major General Ftz John Porter. OF the United States
Volunteers to DO cashiered and to be forever dis
qualified from holding any Office of trust profit
under the government OF the United States"
DEMANDING TRIAL.
General Porter immediately after his conviction
commenced his efforts to have q rehearing of the
case, claiming that the decision and that
he could bring testimony so to prove 1t. 1t is
and trustworthy witness Ex-Governor Newell of
New Jersey, that President Lincoln just before his
death said that he was then convinced great injus-
tice had been done Porter and that he intended
TO order rehearing 1t ia perhaps fortunate
for General Porter that the inquiry has been
hardly possible that he could have obtained the
evidence he desired fully In 1865 now, have
had it SO carefully and impartially weighed During
yohnsons aud Grants administrations he made re-
peated attempts to obtain opening in the case,
but though the appeal was never refused IL
the Presidential chair that Porter's efforts to get
a chance TO clear up his record successful. The
Board appointed 10y the President to consider the
testimony offered by General Porter and the evidence
in rebutal consists OF Major General Schohcld
Brigadier General Terry and Colonel Getty. OF
the Third United States artillery with Major
A. B. Gardner recorder. No fairer or
moro able Board than -the three who are
to sit in judgment this could have been Sc
lected from the officers Of the army. There have
been thus tar thrty-six sessions of the Board, be-
ginning at West Point the 10th of June last and
40 witnesses have been examined. The interest
attached to the hearing has been very great
throughout. and the meetings have been exceptional
In their character. For the FIRST time in any such
investigation the witnesses have been summoned
from the men who on both sides OF the con-
test, and documentary evidence has been submitted
contained in the official reports OF both Union and
Confederate officers.
voLUMINoUs EVIDENCE.
The rolearing has been thorough and complete in
all details. and OF evidence has been collected