Stevens County tribune. (Morris, Minn.) 1877-1880, 1879-04-03
myself to your daughter, and enjoy that
athuence with which you will crown our
love-.
FITZ JOHN PORTER.
An Able ReUieac of the Charges Brought
against Him.


An Able Reviesc of the Charges BROUGHT
-. against Him. "a
One OF the best reviews of the famous
Fitz John Porter case which we have ever
seen was the argument Of Hon. John @.
Built, of Philadelphia, one of Gen. Porter's
counsel, before the late court martial at
West Point. 1t was delivered some time
since but has only just been made public.
The following summing up will be found of
interest: 81 t.
We have endeavored to show you by the
testimony which we have introduced, and
by proper analysis and examination of the
testimony taken by the court martial, that
Gen. Porter was not guilty of disobedience
of the order to march at A. M. on the 28th
of August; that the character of the night
and the distractions in the road justified
him in not doing so.
We have endeavored to show you that he
did not disobey the joint order of the 29th
to Mcdowell and himself; that he did not
retreat as charged; and there was not q bat
tie, IN the sense implied in the specifca-
tons, upon the 29th.
Let me here say to the recorder that do
not wish to contend that there was not
battle, or that there was not heavy fighting
or hard fighting, and that some of the fight
ing there was probably as hard as was ever
Known do not doubt that for moment
All that we mean to say is that there was not
general battle, a continous battle, battle
from morning until night.
That we have shown, we think, that Gen.
| Porter did not violate any duty by failing to
come upon the battlefield, as charged
against him.
That he was not guilty of any military
crime in not having attacked, as charged.
That the 4.30 order of the Goth was re-
ceived by him at too late an hour to have
been carried into effect.
| That by its terms it involved an attack
upon Jackson's right and rear, and this could
not have been done by him.
| That throughout the 10Th of August, 1862,
| his conduct was that of faithful and zeal
GUS commander, discharging his duty dis
creetly and wisely, and SO as best to serve
| the interests of his government, and aid the
army of which his troops were part.
Now, the question may be asked, how it
came about that man who was so jealous
in the performance of his duty, and, as we
allege was SO faithful in its performance,
| could have been convicted by this court
martial of these offenses. was asked that
question last summer by an old lady, for
whom have great respect, sitting upon the
piazza of the hotel. felta little perplexed to
know how to answer it. She asked q ques-
ton further which relieved me of my diff
Guilty; how it happened, if they thought he
| was guilty of this offence, that they did not
find that he should be shot. Well, / said to
her, that that reminded me of what I had
once heard in reference to an Arkansas jury
who tried murder case; the evidence was
submitted, and the judge charged the jury,
| who then went out to consult. They finally
came to the conclusion, and so found, that
the prisoner was guilty of murder in the
first degree, but with slight suspicion that
4 he was not the man, and therefore they did
not think he ought to be hung.
/ l rather think that is true in reference to
this petitioner; 1 rather think the court
martial found Gen. Porter guilty of these
high military crimes just with slight sus-
picion that he was not the mar. think
that is the reason they did not sentence him
to be shot.
The truth is, they made several material
mistakes:
As to Porter's location.
AS to retreat. ...t ..
AS to the presence of Longstreet.
As to battle.
AS to time of delivery of 4:3O order.
Now the time has come, as we think, fol
rectifying these mistakes. We think that
after this long period of sixteen years, this
investigation can be conducted free from any
bias or prejudice That the circumstances un.
der which the trial took place and the infu-
ences that we're then operating, the infu.
ences that then made the minds of men in
famed, made them ready to receive extrava
| edo r.
influences, to prejudice, to bias; influences
from which no man can be free under Ger
tain circumstances, have passed away. W.
know that when there is any great nationa
disaster in any part of the world, when their
is series of defeats to an army or navy
there must always be some one upon whom
the popular feeling can turn, aud upon whom
the consequences of that disaster can he Wis
tied. And when the feelings of the peopl
are aroused, when one of those popular com
motions sets in, it ramifies, and extends ant
J seizes upon all classes; then it is that it i
almost impossible for the Judgment of an,
man, care not how calm and deliberate b.
is, I care not what his experience or integ
rity may bet is almost impossible for tn
+ human mind, frail as it is, to resist those in
fiuences and look at a question which in
wolves such issues, calmly, candidly, unbi
ased and unprejudiced. "
n Now this record. as il seems to me, from
the beginning to the end and I speak will
due respect for the court martial and it
Judge advocate-it seems to me that thi
record, from the beginning to the end, show
the influences of which have been speakin,
because while the results were produced il
the main by these stories of Gems. Mcdowell
and Pope, yet those stories had degree o
inconsistency and contradictory about then
which I think if they had been anylyzed a
!, they can be now, it would have been see1
how unreliable and contradictory they were
But it was time when the minds of mel
did not weigh with the GOODNESS and deliber
alton that can be employed at period six
teen years after the occurrence of the events
The examination of the witnesses and tn
opinion of the judge advocate evince tn
, deep gloom and distrust that had seized upol
the minds of those who were conducting tn
trial. Some phantom, not an exhibit in tn
record, seems to have been constantly risinI
before them to disturb their reasoning facul
ties and unsettle their judgments. TIL
, simplest truths were ignored. The crosses
exaggerations and MEASUREMENTS were be
J lieved. The judge advocate, when calle'
upon for an opinion, uttered lamentatiol
? and pronounced philippe.
No ray of clear sunlight could penetrat
: the murky and dismal atmosphere in whicl
, prejudice, distortion and exaggeration ha,
enveloped the case.
Sound reasoning and even-handed justic
! were almost moral impossibilities under sue
circumstances. Men are mortal. They ar
! swayed by passion, by the excitement of tn
hour, by the moral forces that press for tn
time being upon themselves as q part of
nation. It is too much to expect Of Judge O