The New York herald., 1879-01-07
FIIZ JOHN PORTER.
Strong Argument by
His Counsel.
CORRECTING THE RECORD.
Why Porter Could Not
Obey Pope's Order.
AN APPEAL FOR JUSTICE.

General Fitz John Porter occupied to-day by Mr.
John O. Bullitt, the senior counsel OF the petitioner.
and well known as prominent lawyer at the bar OF
| Philadelphia. His argument which took the entire
| day. was terse, vigorous and interesting, and
bristled with quotations from the evidence ilustra-
tive OF his various points. which he used effectively
and with the skill OF experienced advocate. Mr..
Bulitt began with statement of the charges and
specifications in the case. and consideration of the
duties of the Board, which peculiar and different
from those of any other military board ever before
convened. '"Tbe findings of the court martial
in 1868 are entitled to your respect. but
are not binding ii You think them erroneous
said the counsel The approval of the findings and
sentence by President Lincoln also entitled to
your respect but not binding il You find that his
approval given under misapprehension to
the true state of the facts Your Board acting
under the pardoning power of the President. and
selected by the President. because from official life
and experience You are competent to examine and
advise him. We not invoking the pardoning
power upon the grounds OF mercy. but justice The
sequence Of the foregoing is that General Porter
must meet the charges frankly. He can invoke no
technical rules by way of defence He must show
that the findings of the court martial clearly
and that the approval by President Lincoln
was given under mistake as to what the real facts
were. The onus is upon him.
The first point considered the order Of after
noon of August 81, 1862 from Pope to Porter to
march at O'Clock in the morning following, Of
which order he found guilty Of disobedience in
having delayed to start his corps till three NJ Mr.
Bullitt claimed that General Porter could not have
acted otherwise under the circumstances. He first.
receipt of General Popes order called his division
commanders Generals Morell, Sykes and Butterfeld,
together and told them what to be done. These
why literal compliance with tho order was out of
the question-viz the fatigue of the troops the
cessve darkness of the night and the blocked up
| dton Of the road. On these three points Mr. Butt
| quoted extensively from the evidence
GSSns Myers & who = &c Chief
his oad ON he ht Of h 9Th s M as %
nearly ali night lie asked the following questions
rolling r
to in long train of two thousand three thou
e" Then they coming park all night from the
road Yes, sir, wherever they could find place to
After considering other evidence to the same effect
Mr. Bullltt said:-'what better evidence of the OBJ
structions in the road could have been adduced?
Three thousand wagons. if following closely each
other in line. allowing forty feet to u wagon
would have occupied space of not less than twenty
two to twenty-three miles, the very road General
Porters corps would have to march over. But as
Stunning they moved four abreast they would have
taken up five to six miles, What could but in
extricable confusion to have attempted to march
such road as this was. on dark night. with 5000
wagons ahead Of him can conceive OF no stronger
evidence that could be adduced and justify
General Porter in his to change hour
of moving. and yet the Judge Advocate omitted every
word about the two to three thousand wagons order
is received directing general in command ten miles
off, to march at O'Clock night He calls his general
officers together lays the order before them saying
they have time for short nap. They demonstrate
against marching at that time. on account Of the
darkness and the fatigue Of the troops He replies
| there the order and it must be obeyed. The
| messenger who brings the order says it was very
dark and that the road was full of teams The Off,
then urge that it would be impossible to march
on account OF the teams The General goes out and
finds the darkness apparent. and that it such
impossibility to march, that he names the hour of
| three, instead OF one. for the march,
POSSIBLE PORTER OBEY?
II do not maintain that General Porter was not
bound to reach Bristow Station by daylight he could
have done with his corps But that being impossi-
bic he not bound to do futile useless thing
as to have had his troops up and under arms from
| three 10 five hours bcfore they could move, and
thereby disable them from the performance the very
service for which they were intended General Popes
order written at half past six P. NJ the nth ut
Brstow Station ten miles distant. How was il pos
sblc for General Pope to have toresoen the condi-
tions which would surround General Porter ut that
distance. and some FIVE or six hours afterward?
| How could he determine whether the character of
the night. the fatigue of the troops and the obstruc
tions OF the road would not prevent General Porter
from marching ut one? am not familiar course,
| L
that when a commanding officer has charge Of nine
to Thousand he must carefully consider how
lie is to taem to preserve order discipline
| and efficiency. can imagine the anxiety of Generals
Morcll, Sykes and Butterheld that their commands
should not be demorali1ed by useless loss of rest.
can understand that the efficiency Of the Fifth corps
(which WIS coniessed,y one OF the best in the army
was such by reason of the good judgment exercised
by thcir officers in discipline and in handling them,
whether in camp, ON the march or in battle Again,
understand that II superior officer is present,
and thus fully informed of be existing conditions
|
to IL by all subor dnate officers and men. But that
rule can only apply when the commanding general is
| so present. military order exacts passive obedi-
only when IL IN given by superior who is pres-
ent on the spot at the moment when he gives it.
Having then knowledge of the state of things nc
listen to the objections and give the necessary cxpa
nations to hiIn who should execute the order"
The subject OF the "ioirt order tso called to
Generals Mcdowell and Porter, August 2g 1862
next taken up by Mr.. Bullitt and very fully and
critically analy zed. and perhaps. the most forci-
POINTS OF rnE cEIxBnArKp ORDER
This order contained the following directions:-
trTst they were to move with their joint commands
oS as " Sess ss ZIG sse and Gsn
Gainesville and then NOT far from H. Communication
command should halt
they eouid fall back behind Bull Run a. csu,revis that
fos,ahat il any considerable advantages were to be
gained by departing from this order would be carried
fv,l-That General Mcdowell should instruct General
Ricketts, 20 Join the other divisions OF his
practicable
The counsel claimed that under this order Nc.
Dowcll assumed command, and that by moving OF
in the morning and taking Kings division with him
Porter was left with tho 1900 or 10 900 mon of his
corps confronting the enemy in vastly superior
| bers as Mcdowell had reason TO know, and that
Porter bound 20 exercise his discretion In
cordanco with the fourth clause above given. "Mc-
Dowel and Lieutenant Colonel Smith admit the
ror OF their testimony at the trial, said Mr. Butt,
'n the position they assigned Porter that day or tho
other two who gave the same mistaken evidence.
Roberts is dead and Pope suks and thus prevents
US from bringing hini TO penitcnce tor his wrong
] doing. How such evidence stand the overthrow
we have given t We prove Portcrs exact position
| by Warren Sykes. Morell, Buttcrfeld, Buchanan,
| Grimm, Locke, Martini Davis. Earle, Weld, Baker,
| Marshall, Randall, Stevenson. johnson aud every
| other man In the corps who was examined
GENERAL MpowEIL's EVIDENCE.
With regard to the question whether Porter and his
corps of the fighting by the rest of Popcs army
the 29 and whether there was, in fact any thing