The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1879-01-12
THE FITZ JOHN PORTER CASE

CHoATEs ARGUMENT-sARCAsM AND HUMOR.
West POINT. Jan. IL, 1879.
The forty-fourth and final public session of thu
Board of Inquiry in the case Of General Porter was
held to-day. and the now passes into the hands
of the three members of the Board-Generals Soho
fled. Terry and Getty-to be reviewed by them and
their opinion to be sent to the President for such
action ON his part as he may deem necessary.
Mr.. Choate resumed his argument this morning in
General Porters behalf, and had the close attention
of the board and Of unusually large audience who
assembled to hear him. He began by stating that he
omitted yesterday in his discussion of the state
OF public feeling in 1862 and the issues in this case
growing out of that to cite the testimony
of General Pope. given before the Committee on the
Conduct Of the War; well letter from that officer
to General Haleck. dated September l. 1862, complain
ing of number of the brigade and division command
of the Army OF the Potomac and impugnng thecon
duct of "acorps commander" referring to Porter.
This testimony in which General Pope said he con-
sidered it his duty to bring Porter to justice, and
this letter to Hslleck. written September in coun-
sells opinion established the fact that the prosecu
ton of this originated with General Pope. And.
Mr. Choste continued it seemed to him that General
Porter had been made so scapegoat' in this matter
WHAT CONSTITUTES scAPEGoAT,
Now" he said. 'for description of scapegoat.
let me read few from the sixteenth chapter
OF Levticus And Aaron shall cast lots upon the
two goats lot for the Lord and the other lot for
the scapegoat But the goat on which the
lot fell be the scapcgoat shall be presented alive
before the Lord, to let him so for scapegoat into
the wilderness. y And he that let go the goat
for the scapegoat shall wash his clothes and battle
his flesh in water. and afterward come into camp.
Now, think" he continued, 'that We can see who
it that filled the role Of Aaron. and it is not
40, {f,rl yho cd
wilderness and afterward came into camp, and who
thereby retained his position in the service Of
the United States" This was exceedingly well
done by Mr.. Choate, who maintained ap-
pearance of perfect gravity he had done through
ont in all his sarcastic illusions to General
The proceedings Of the Goth of August, 1862, were
then taken up in order, beginning with the time
which General Pope is 80 fond OF describing as the
earliest blush of dawn said the counsel He pointed
out what Porter's position and his march in the
direction Of Gainesville till he reached Dawkins'
Branch. where they naturally halted ON ae-
force in their front. At this early hour General
Pope supposed that Mcdowell WAS behind Jackson.
and did not know that he HAD left the road open for
the main body of Lees army. under Longstreet to
unite with Jackson. Pope in his first order to Por-
ter urging him to come up, expected that If an en-
gagement had to be fought it would be ut Centrevie
and not knowing the whereabouts Of Mcdowell, who
was lost in the woods he gave Kings division to
Porter.
Mr. Choatc was strong in his condemnation of
Mcdowell in this connection, who he said, returned
sumed control of Porter aud his corps. He said to
Porter when the evidences of the proximity OF
the enemy at Dawkins Branch, Porter, you are too
far out Put your men back into the woods. This is
no place to fight battle" He knew from the
despatch Of General Buford which he had that morning
received, that at least $4,000 of tho enemy had
passed through Thoroughfarc Gap. and. as he him
self testified, believed that more were coming. He
knew what was expected by General Pope and OF
Porters anxiety to attack Immediately with the Fifth
CORDS and Kings division before the enemy received
further additions but he evaded the responsibility
He told Porter that he would %Sve on with King
east AMI north by the Sudley Springs road, and
when Porter. in dismay. asked him What shall l
do?" he simply waved his hand and rode away, evad-
ing the responsibility which was Oh him as the
senior officer and deprivng Porter OF An opportu-
nifty to do anything effective with his small force
auanst the heavy army of the enemy in his front by
carrying away Kings division Of 5000 men. Cen
ela Mcdowell has testified said Mr.. Choate "that
up to twelve O'Clock that morning Of August
@j General Porter's conduct WAS perfectly
satisfactory and that 1t was only after he lett him to
go join Reynolds that Porter was to blame for in
action and that he. should have then attacked. He
further says that he has recollection OF the message
sent to him by Porter, to which he Responded GIVE
my compliments to General Porter and tell him to
remain Where he ia but this is established by posi-
tive testimony, the counsel claimed.
THE REcoRDERr CONDUCT OF THE CASE.
Mr.. Choate then argued to prove that the Recorder
had conducted this part of the theory Of his
own invention which required him to place the main
body Of Lees army under Longstreet, some distance
back from the point it clearly established that
they occupied. In this connection he quoted from
the testimony OF Longstrcet himself, Colonel Mar
shall Of Lees STAFF the Confederate General Wilcox
and others Of that army, and from . numerous
list Of officers Of the Union force az to the OF
the main body of the Confederate army 100 strong
in Porter q immediate front at Dawkins' Branch He
showed map which, he said, had been prepared
with the Recorders theoretical position Of the Con
federste force indicated upon 1t. On this map MIR
Uhoate expended the force of his wit and made all
manner OF fun Of 1t. The Recorder interrupted and
said Does Mr. Choatc mean to enter this map In the
record and make il historical ~ mo. sir said Mr.
Choate II don't offer II historically. but geographic
cally. According to the theory of the Recorder he
continued. "Longstreets main body OF Lees army
was withdrawn mile and half behind the position
il il well established that they occupied, and were
posted in low piece Of ground where they would
have to re through several ridges III front OF them
in order to reach anybody
THE CONFUSION PREVAILING.
The confusion of the day in the rest of the army
was alluded to showing how ignorant Pope was OF
the movements of the enemy and how evident 1t was
that there WAS no plan. When he supposed, he
claimed that he was driving the enemy he was. in
fact. being himself beaten, and the testimony OF
the veteran and well-known General Patrick
was quoted, who said he received Ave differ
mcnt of his brigade--threefr from Mcdowell one from
Pope and one from General Hatch, commanding
Kings division There was no c, d,.ooeaience BY
il was modified by Mcdowell. The Recorder" nc
said charged and argued that Porter dsobeyed it
because he did not move forward toward Groveton.
This view OF IL In originsl with the Recorder and
differs from that which has always been expressed by
Pope Mcdowell and Judge Advocate General Holt,
~
among themselves" General McDowcll's testimony
came In for further share Of mcrcilcss analysis by
Mr. Choatc who read extensively from it, and CON-
mcnted on the confusion in II for long time, con-
GLIDING that the General had given 1t rccklessly.
csrclessy and angrily. His comments were, however
made with good taste and were dcnuncistory
The question as to whether there was - shameful
and falling back" by Porter the next point
considered, which question Mr. choste said did not
call for any serious argument, AZ he claimed 1t was
shown beyond dispute that mo retreat or movement
in the nature OF retreat" was made by Porter
THE REcoRDERs ARGUMENTS.
Hccriticised the Recorders argument and his wit
ncsscs in this matter but said that IL seemed hardly
worth while ~ make effort 10 show to board Of
experienced soldiers that the movements Of the
various parts of the corps of General Porter that
day might sometimes involve changes 20 the rear
as well to the front. The Recorder relies proving
this retreat by the testimony of some incompetent
men whom he found and of an assistant surgeon.
who thought the movements indicated purpose ~
retreat Against this testimony General Porter offers
the evidence ut Generals Morel Sykes. Grihn. War
rcn and other experienced soldiers, and that must
end the matter military question. ''The assist
ant surgeons view Of the matter is doubtless a
good medical view of it, said MIR. Choatc. land
the learned Recorder. not entirely satisfied with
his own military view, wanted to add the
medical view. which he has done" An anonymous