New-York tribune., 1880-03-07
CARPENTER REVIEWS PoRTER's CASE.

NAhl In / LIN hIsh IL W > j OiAl In - N4h'i@'
THE PRESIDENTS PARDON CAN ALONE ANNCL PoR-
TER's sESrENCE-rHE CONSTITUTIONAL POWERS
or CoNGREss-TmE IENDENcY TO CENTRALIzA-
IoN.
rBY TELEGRAPH TO THE TGIBUNE.l
WASHINGTON, March G.-Ghc House OF Represent
ativc5 was not in session to-day, and the session of
the Senate was devoted almost exclusively to the
speech If Senator Carpenter in review OF the Fitz
John Porter case.
Senator Carpenter confined himself almost en-
trcly 10 the legal and constitutional questions in
VOWED in the case. He elaborated the views set
forth in the minority report, aud which were
tr atcd at length 10y General Logan. in regard to
the respective powers OF the Executive, the Judicial
and the Legislative branches 3f the Government.
Mr.. Carpenter declared that no close observer Of
the times could fail to chat are rapidly drift
ing toward consolidation and Capitalization OF
power; that unconstitutional methods Of procedure
in public affairs were adopted without exciting
comment and It was an appalling fact that the peo-
PIE were no moro sensitive or this point than was
Congress The power, of the Government we're only
those conferred upon it by the Constitution, and all
powers not 50 conferred are denied to tho Govern
ment. lie referred to many instances wherein
Congress had taken TO itself powers for which 1t
found no warrant whatever in the Constitution.
The duties and privileges Of the several branches
of the Government were defined by Mr.. Carpenter.
The Legislative branch, he said had the law-making
power alone That is, it could ana must decide
what shall De tho laws which are to govern the
country IN the future but Congress had no power
TO interpret the laws for the present or to declare
what they meant in the past. That power belonged
10 the judiciary alone, whiio to the Executive
branch was confined the power to execute the laws
as made by Congress and Interpreted by the Judici-
arv These functions were fixed by the Constitution.
Congress IN pursuance of ITS duty, had enacted laws
for the government of the Army, and in accordance
with these laws Ftz John Porter had been tired ana
condemned, and he now undergoing punish
mcnt. No power existed in Congress to annul the
findings of the Court. Provision had been made Tor
such an act when It was deemed desirable. bur 1t
was given to the President alone TO put it into cx-
ecution. To the Presidents pardon alone could Fitz
John Portr look for the annulment Of his sentence.
In conclusion he said he had examined the testi-
Inonv but would not attempt to review 1t. since
that had been so ably done by Senator Logan. The
testimony convinced him. not that Porter was dis
l,Val~to the Union, but THAI lie was devoted to
Mcclellan. lie wanted to see Mcclellan succeed
first He wanted to see cause prosper, but he
wanted Mcclellan TO lead IA to victory. He was
the man around whom all the affections of Porters
heart seemed 10 entwue themselves. and il was
bitter as death 10 him when hc saw Mcclellan sue
ccelcd by "A man Tor whom he seemed TO have great
cnutcmpt II was ambition, II not Tor himself, yet
fnr Ills friend Ike the ambition that drew Satan
down and when hc fell be fell never % arise again.
Mr. Carpenter referred IN terms Of pathetic power
10 the feeling his own stat Whom The battles OF
those August days were fought. Wei he remem
hcr,d now every tram for months came r-ghtcd
with the remains oi the brave ones who had fallen
IN those battiC'. victims TO ftz john Porter 4
trcachcrv. "Our people h, said. will not soon
flrge, or lorgiy, Fiiz John Porter They Will never
forgive me II / should stand here, as their repre-
sentative, and vote 10 put Porter back where hc
would bc il he had not fdlien.'
senator Carpenters speech was Il masterpiece of
composition and its delivery was faultlcss He
Lowrycr. greatly marroi Il, general effect ug
ping iu without reason or connections rs MS ' lng
sentence. a reference To- General /. :. Grant ~ "a
possible necessity to preserve our institutions from
Il further cncrOachlncut of the Democracy.