New-York tribune., 1879-01-07
FITZJOHN PORTER'S DEFENCE.
ARGUMENT OF HIS COUNSEL.

ARGUMENT OF HIS COUNSEL.
THE TESTIMONY IN HIS VINDICATIoN ANALYZED
BY JOHN c. BUIIITT-GENERAL rORIEEs con
DUCT DECLARED TO HAVE BEEN THAT OF \
JEALOUS OFFICER.
WEST PoINT, y. y, Jan. G.-Thc sessions
Of the Board Of Inquiry III the case OF General
Ftz John Porter was resumed this morning at 10
o'clock to listen to the argument OF Mr.. john G. Bultt
Of Philadelphia General PGrter's senior counsel After
stating the substance OF the charges and specifications
and considering the duty OF the board ana the necessity
for General Porter to meet the charges frankly aud
without invoking technical rules by way defence he
took mp the subject of the order Of August % lsG2,
from General Pope to march at o'clock on the morn
ing of August 2S and the alleged disObedenco OF that
order Mr. Bullitt claimed that delaying the march
till toward daylight, General Porter cOud not be
charged with bad faith. because 1t was shown that on
receipt of the order hc called his div sion commanders
together and tod them what was to be done. These
three commanders Morel. sykes and Butter
held-a protested against attempt to move the troops
on account OF the fd4ued condition of the men
the excessive darkness Of the night and the
unusual obstruction OF the road by wagons
Quotations from the testimony Of number ~ witnesses
on tnc iii st rial were support Of this point,
" men Mr.. Buitt subsequently added further evidence
gwen during the present inquiry, including Generals
Colonies johnson. Walter > Davis nnd others. Mr. Bu-
Int argued that the evidence OF General Portcls wit
ne s. mad been d,regiTdcd overlooked by the judge
Advocate Ia making up hl~ opinion Of the for the
guidance Of President LintOin, but that II was shown
tnt General Porter consulted his division commanders
received their opinions, and then went out and found
that tue darkness MAS 80 lnicuse and that
II was - entirely impossible 10 march, that he named
tie hour 3 instead Ot o'clock for the tDcnt
There WAS, Mr Bun Il claimed direct imputation
the loyalty aud integrity OF Generals Nor H. sykes aud
Butterticd nvOyed III tlIi- charge The council next
discussed the question of the weight 10 be attached 10
the Judgment of the Cuurt-nardl, ana then passed To
d"laton o q neIa! POtcis dutY To march at
a. IN at nli events lie Gained lnat PorteLS business
not much 10 reach Brstoc station ~ daylight a.
there with ms corps i'll proper condition 10 accom-
pi.h tlr object Of the moveincni' whch was 10 attack
and drive the enemy from MdhHsS%s anu tle county
between that place ana Gan>VIle In The exercise Of
bis discretion. Porter not called 10 htvc hI-
uOops UP ana uh'tr arms rom thtcS 10 lEe honl7
before they could move III bind compliance with Popc's
order OF tAc afternoon before. written al Il pOnt ten
uilr distant and WITHOUT kuBwlcdg. of the coudIous
wnIch surrounded Porter Mr.. Buihtt argued these
military order cNrcl, passive obedience only Wien
given by superior VINO !, present on the spot the
Porter did nj. dutv III exercising discretion aS a
corps commander with the ADVICE Ofal his subordinate
The joint order" o' General Pope to Generals Por-
ter and Mcdowell On tie morning ot August -, 1852
nnay the evidence on n> point waH strong part
OF tn argument. and rs Ec ct uIncd showed McDOwcs
tie superior Officer, The question wneinor Porter re-
treated tnI day part o this d.v>on OF the ar-I
with tu citations of the evidence L" show there " was
no retreat movement in the nature Of retreat"
The 1870 -. III. order To ataCK tnr was the
ne 1t branch the argument Tue testimony Of Geucfa
sykes, Loc3c Nc.d ana olrf Oh. 81, 10 Welr eNon
received ana MI. Bulit SAID that to disregard their
ict,n,IIv wuuld hr bIYc,uuc on the adnnisiIttInn
OF Justice In nj concluding words MI Bulitt claimed
that Pyrtrr's animus was shown 10 nave been THAI
Of zranns and faithful officer. ana that the charges
and specncaiions were to bc without fuuuda-
tun TRUTH The sentence OF the couIt-nattal showed
that lis members had fam il the prOpT"ty the
cOnVicOn otherwise tBcy would have ordered Porter
be shot He appealing Cr mercy out for Justice
and that the authorities OF his Government Restore hII
his good NAME which his just due under The cvi-
dcICc.
The Judge Advocate viii begin his address WcdHo ay
morning. t. Wncn time the board adjourned.