National Republican., 1880-03-08
FITz-JOHN PORTER'S CASE.
A Strong Speech in the Senate on
Saturday.
The Tendency of the TImes-Soine Anomalies
Pointed Out-The Present Bili Declared
Unconstitutional 80 The Merits of
the Caso-What Portcr's De-
lay Cost-The Feeling in
Wisconsin Strong.
Mr.. Carpenters Speech In tho Senate.

/ tRtlOn OF SOmb petltiOnS ana inc INTRODUCTION
of somC important bills, the morning hour was
abridged and Mr.. Carpenter took tho floor
upon the Fitz.Joln Porter bill.
| He started out with the proposition that tho
tendency of tho times and In every branch of
the Government was toward consolidation and
Capitalization of powLr aud there WAS tom
dcnCy equally strong to rest all power in Con.
gress For years the Agricultural Department
bad been supported Mt the expense of the peo-
pie without constitutional authority, aud re-
Gently another scheme had been invented in
| the way OF enCrOachmGnt upon the pcrOgutiYes
of the States. A bill had been introduced by
u Republican aud by " Democratic Senator,
Mossrs. Window and Davis (of West Virginia.
| TO establish Department Of Agriculture,
| Mining and Manufactures, for which lie could
find no constitutional warrant He pointed
out that nine managers of the National Home
| for Volunteer Soldiers were elected by Con-
gress, and asked whero Congress got the an-
thorty to elect any officer Of the United States.
There was grossor violation of tho COnstitu-
tion that had existed so long that, perhaps, it
could never be corrected; that was providing
by law for the appointment of officers of the
army and navy. Tho Constitution says tho
| President shall nominate AMI, by and with
the advico and consent Of the Senate, appoint
all officers of tho United States, except where,
by law, the appointment OF inferior officers
may bo lodged with the President above tho
authority has Congress- ho asked, to command
him TO appoint particular man in the army
any moro than it has In the civil scrviCeY The
President, under the law, is required to pro-
mote the senior officer of the grade below u va
Cancy, whether he is qualified for tho place or
not
After pointing out some other particulars
in which, MS he claimed, there had been Con-
gressonal cncroachnents upon the powers of
the Executive, Mr.. Carpenter proceeded to re-
view the original bill and the substitutes Of
lerod by Mr.. Randolph and Mr.. Burnside. Re-
fcrring to the SchofCld commission, he said
they were ordered to examine the question and
advise the President what action, if any, In
their opinion, justice required should bo taken
on said application to tho President" They had
no official power, but were simply to advise the
President what to do. What could hc do 2 He
could pardon Porter-nothing more. The ad-
vice of the board was limited 10 whether he
should or should not grant a pardon. Any
three citiZens could have been called on,
with equal power. as the three army officers
forming this so-called board. The President
was trying to instruct himself for the exer.
else OF q civil function.
Mr.. Carpenter argued that Congress could
create % court IN the Territories or in the Dis.
trict of Columbia. Should court thus created
try, convictand sentence n murderer TO be hung
did any man suppose that Congress, because il
, created that court, could interfere with or sot
T aside its judgments? Certainly not; because
, doing so is not exercising legislative powers
This bill, he said, proposes not to perform any
act Oflegislation, and has no reference to the
future government of the army. 1t has all
tho characteristics of an executive order. II
is decree, fat of the Government MS to u
past transaction.
Mr.. Carpenter then took up and maintained
the constitutionality of courtsmartal and the
fnality of their DEGREES, aud asserted that the
only power that could reach Porter's ease wa:
the power of pardon, which everybody con.
ccded could not be exercised by Congress The
testimony, he said, convinced him that Porter
was not disloyal to the Union, but that ht
was devoted TO Mcclellan and it was II,
! bitter as death to him when Mcclellan wa!
supplanted in command and succeeded by
man for whom he seemed to have u grcn
contempt. Orders were issued to him agail
aud again which ho disregarded-whic h,
, fatty disobeycd-and when, finally, il
obedience to positive orders he did como up
, he came so tardly as to show that ho had ut
wish for Pope's success and no desire to obey
, tho order. Life depended on his obedience
the life of an army, perhaps the life of thu
Nation. The battles rendered necessary
in consequence Of his neglect of duty resulted
in the loss OF 10000 nsn. Wisconsin troop
suffered heavily for this disobedience Of Por
ter's-and her people would not soon forge
Fitz-John Porter They would never foreiv,
, him, aud they would not soon forget anc
, never forgive him (Carpenter) if he should, as
their Representative vote 10 put Porter back
' where he would have boon had he not com
, mtted this unspcalSabIc crime, In conclusion
Mr.. Carpenter said:
"Queer things nro being done these days
This thing may be done by the Senate. 1t will
not be done by my vote, Worc to vote for thi
. bill | should fancy that tho tears of widows
and orphans were moisening the dust ut my
feet / should imagine that the dsembodieC
spirits the lrowning shades of 10000 soldiers
slaughtered in vain, were mastering in thi
Chamber to scourge mo from my seat. Never
. theless, Mr.. President, Gods will be done. |
may he that even this last travesty upon jus
tioe is necessary. They toll us that whom tho
{ gods mean to destroy they first make mad. i
4 may be, although IL seems impossible, that The
. Democrats are not mad enough yet TO insur,
their total destruction. This last act may b,
needed to convince tha American people thai
to insure proper discrimination between vr-
tue and vice, 10 fix the proper ban on dislOy
a atty and hold rebellion in check, we need il
i the White House once more the steady hand
, tho cool head. and the patriotic heart of U. 3
Grant"
Mr. Bayard was recognized to follow on the
other sido but gave way for Il motion for al
executive session, He will address tho Senate
! to-day.