The Leavenworth weekly times. [volume] (Leavenworth, Kan.) 1870-1880, 1879-05-15

cult Court. The President could not confer
upon these three officers any such author
ity. When they assumed of their own &C.
cord to sit as a court and try Porter's case
anew, they were guilty Of usurpation
without precedent, without parallel.
Assuming function which the law does
not give, these officers found themselye-
without the means of exercising ouch func-
ton in any ADEQUATE way. They could not
enforce the attendance Of witnesses, they
could not administer an cath or require
volunteer witnesses TO be sworn. They
could not be sworn themselves, "a the MEN,
bers of a court martial are always sworn.
Assuming TO act a. court but without
authority, they could only listen TO such a
case az the parties presented, however one
sided the pr, sentation might be, and listen
to the unsworn tatemsnis Of volunteer,
and therefore, presumably biased witnesses.
The parties were Fitz John Porter, plain
tiff, and the people of the United States, de
fendsnt. Porter had been for sixteen |
years preparing his case and enlisting ~ m-
patty in his behalf OF the several able |
council who appeared with and for him, |
one stated at the opening tina. he had
been at work whole year preparing for
the hearing. But after the Trial had
begun the self constituted court fund that
the defendant, the people of the United
States, had no notice of such proceeding,
and that the government was wholly ua-
represented. 1hereupon the board notified
the officer who had been detailed TO act as
their recorder that he should appear for the
United States. Such trial must neces-
EARLY go substantially by default. The
81. IL
undertook this additional duty with won
derful pluck, and in his conduct displayed
remarkable csracity. But picked up with
out warning, without preparation, without
even a knowledge Of the case, not knowing
whom TO call on, and without power 10
compel the attendance CT any, cropping his
way into an acquaintance with the case as
il progressed, hampered all the while with
his regular duty SIS recorder, he had little
opportunity TO cope with the elaborate
preparations of Porter and his counsel, or
to meet the witnesses whom their solicita.
tions could induce to appear.
The paper published as the report Of the
| board shows no recognition OF this peculiar
state Of the affair. 1t proceeds with the
gravity of sn authorized court deciding
| regularly conducted case. But the rulings
! made in the report are a. strange as the
mode of procedure.
These regular army officers would natur-
ally be more interested than civilians in
questions of technical military dicIpline.
The people are more concerned with Por-
| ter's snimus, his motives his designs, his
purpose. Now, il was certainly generally
understood at the time, whether justly or
not. owing to one of the chickering's in the
army Of the Potomac, Porter and his set
set were so inflamsd with personal pique
that they were willing 10 crafty 1t even at
the cost OF defeat of the national arms.
Certainly some Of the most trusted men OF
| the west still say that there were Re joicings
in that set over the defeat when it came
The people are more interested in..the truth
of such charge than in the technical ques-
| ton of military dicipline. And upon the
matter submitted and that could be submit
ted by the President of this board, the
truth or untruth OF this charge is inmate
rial. For the exercise of executive clemen-
cy in case of technical disobedience merely
is one thing, and clemency in case of treache
~ is very different thing. But these three
officers waive such questions out OF view,
according TO the published report, with the
remsrk that the evidence OF bad animus in
Porter's case is immsterial.
If the ruling of the report upon Porter's
'animus" is extraordinary, lis ruling upon
military discipline is so extraordinary that
it is incredible it could be actually made
by three respectable officers. Porter was
OF dered TO move at a named hour in the
night and arrive at a named point by day
light; and the order stated that the matter
was urgent. The order was absolutely IN
needed. The report justifes this disobe
dience on the ground that the night was
dark. and the road was obstructed in places
by moving wagons. 1t ia not claimed that
:. Porter knew these wagons were in the way,
or that his diaobedienCe was occasioned by
any such belief. This, however, is not re-
garded by the report, as 1t had already
stated that evidence of Porter's bad animus
was not material. The finding is that the
subsequently discovered facts of wagons in
the road justified Porter's disobedience
The road was wide and smooth, and
there were wagons moving on it in places,
and the night was dark; yet mounted men,
singly and in squads, found no difficulty in
passing TO and fro all night. Other parts
of the army were marching the same night,
in the simple faith that an order should be
obeyed. Jsckson's whole army in the near
neighborhood, was marching all night in
steady tramp. A little further of, the
same night, Lees main army was marching
over mountain pass and along the roads
beyond In the whole OF both armies, Por-
ter alone was unwilling TO march in the
dark. of what dainty stuff does the re-
port assume that Porter was made What
sort OF dilettanti campaigning does il sup
ha a,ranaI in that Ie n' Ia.
could not bs required 10 march over a good
road after lark There never was a war
when armi,7 did not march by night and
over bad roads. Many OF our army corps
in the war marched habitually outside OF
the no d, when the way was 90 narrow that
wagon filed it. They marched thus
outsid the road through dark nights and
rainy nights, wsding all night long through
swamp, and tearing their way through
thickets.
1t it is incredible that three officers could
be found who would say an army corps
could not march over turnpike road by
night If the road WAS obstructed by moving
wagons, if is equally incredible that they
should hold any such incumbrance an eI-
cuse, or even lalliation, for disobeying an
urgent order to march at a named hour.
The recommendation of the report is as
bizarre as its finding. Instead of sdvi. ing
the Presi dent, who convened the board, to
grant pardon to Porter remitting the IN
expired portion of his sentence, which is
ali ;hat the President can do, the report
recommends that the sentence Of the court
martial be set aside, which cannot be done
either by the President or by Congress; and
further. that Porter be restored TO the posi-
ton of which the sentence deprived him,
such restoration to take effect from the
date of his dismissal from the service.
Such restoration will carry with it back
pay of Nsjor General for more than six
teen years, something over 100000. 1t
would not be restoration to the rank OF
Major General in the regular army, az
Porter never held such rank, nor would he
now hold it if he had always remained in
the regular army, for his seniors have not
reached that rank. The restoration TO the
rank OF Msjor General is to be in the vol
un.eer army. But where is the volunteer
srmy for him to command. The volunteer
army disappeared twelve years ago. Il
Porter to be singled out from all men who
ever served, to be kept alone in rank and
pay after all others are discharged? Or
shall an army corps d'elite be mustered
back into service, with back pay, to give a
basis for the honors and wealth TO he
heaped on this child of fortune? Many a
Major General, and multitudes of less rank,
against whom no suspicion even Of e1cusa-
BILE disobedience, or even of "bad animus,"