National Republican. (Washington City (D.C.)) 1872-1888, 1880-02-10
FlTZ-JOHN PORTER'S CASE
ForclbIe Presentation of the Subject
by the Minority.
Review of the Original ProceedIngs-Powert
and Duties of the Board Of Inquiry
Decision by the Court. Martial IRE
vOcabIo--An Earnest Protest
Against the Passage of
tho Pending bill.
Tho Report of the Minority Presented.

The minority report from the Senate Mill
tary Committee in the Fitz.John Porter cnse
WAS presented in the Senate yesterday by
Senator Logan. The report opposes the pas
sage Of the bill recommended by the majority
to set aside and declare null aud void tile
findings of the general court-martial which
cashiered and dismissed General Porter in
1863. The report opens by reciting that the
case was in the jurisdiction Of this court; that
Porter appeared and was satisfied with the
composition Of the court, and declared that he
had no objections to any member of It; and
the report further states, Mine officers of
higher character never before composed court
for the trial of any man." Continuing, the
report takes the ground that the board
of officers who reported in favor of set
ting aside the proceedings Of the court
martial in this case could only report for
the purpose of correcting errors of history or
to enable the President to determine if
this 10 q case where the pardoning power
should be invoked. They wero not convened
under any authority of law; could not properly
review any case; could not sw ear witnesses, or
hear or determine any question Of law or facts
in the premises. No commission created
by tho President has power to review
for any purpose, except us thus stated,
and in such review they do not aud
cannot act as court. Such commission
is simply an association of gentlemen, with no
element OF judicial Junction. either under
civil or military law. Their opinions
are in no sense authentic, aud in no respect
can they exercise Judicial powers. Court
martals having their origin in the nccessi.
ties of war and rs opponents of tho
jurisprudence of that state of affairs, ure recog-
niZed and determined us courts of special and
final jurisdiction by our statutory enactments.
The judgments and findings of u court.murtial
properly constituted, on matters within its
clear jurisdiction, when once approved by
competent authority arc absolutely final;
there exists no authority which can review or
annul them. 1t is as full ofbinding efficacy and
as thoroughly entitled to respect as the judg.
mont OF the Supreme court within its proper
jurisdiction. No future Commandcr-in. Chief
can annul tho sct of his predecessor in con-
frming such finding. No net of Congress can
declare void the proceedings and sentence, es.
pecially when the condition of war has ceased
and the condition of peace has returned
When the military tribunal has persisted with
the state of war, IL Is incompetent for any and
all authority combined to annul and set aside
thei judgment of the court. The President
hasino power TO revoke and annul the sem
tence aud restore to rank and pay; nor can
Congress confer such power Oh the President,
either by direct law commanding him, OF 10y
indirection authorizing him. The President
may pardon General Porter, the report says
If he deems II proper under his authority
but this is all he can legally and properly do.
The minority cite many authorities decisions
Of the Supreme Court and opinions Of attor-
! llfys.seneral, as well ms various State courts,
| to sustain their position.
The report concludes as follows: There
fore, impelled by all the foregoing reasons, we,
the minority, urgently and sincerely protest
against the passage of the proposed bill.
| 1t may be that our action may, apparently.
place us in position OF antagonism to one
who undoubtedly, ut n former period of his
history, rendered meritOrious service us an
officer, but by every remembrance Of graft
tude and loyalty to those whose faithful devo-
tion preserved their country, we must protest
against this stupendous reward to him who
ialtercd In duty and failed in honor in the
hour of peril and climax of battle.
We protest, because tho precedent sought to
be established would prove a source of un-
known evils in the future. 1t would stand
hereafter as nm incentive TO military disObcdi.
once in the crisis of arms, and as an assurance
of forgiveness aud emolument for the most
dangerous crime Il soldier can commit.
We protest, because every sentence hereto.
fore executed upon subOrdnatcs in the service
for miuor offenses would stand as the record
of Il cruel tyranny If this supreme crime is to
be cOudoned and obliterated and its perpc.
traitors restored to rank and rewarded with
pay.
I'VE protest, because the spirit of patriotism,
upon which alone we must rely in the Nations
need hereafter, will be- shamed and subdued
by iuhicting this brand of condemnation upon
those patriotic men who began aud conducted
the original proceedings and sanctioned the
original sentence, rs well as upon others
equally patriotic, who affirmed the sentence
and refused to annul its just DEGREES.
We protest, because the money appropriated
by this net will be money drawn from the
Treasury in furtherancc Of mn unauthorized
purpose and in defiance of tho rules of the law.
We protest because the bill Is loaded with
startling innovations. 1t ovcrrides statutes
and vests the Executive with unconstitutional
power 1t subverts the order OF military
promotion, and postpOnes the worthy to nd.
vance the unworthy. Its tendency is to ap-
plnud insubordination. Its effect will be TO
encourage derclicton of duty, The soldier
and the civilian will alike feel its baneiul In.
fluence, for such an error, If once permitted to
creep into the State, cUn never be eradicated
Upon every motive for the public good,
without one impulse personal to ourselves
against the subject of the bill, with every
proper remembrance Of the past, tempered by
every proper conclliation in the present, but
looking steruly at the inevitable consequences
in the future, We make this protest against
this enactment as duty we owe TO the
country which we cannot and would not avoid
JOHN A. LOGAN.
Heath of General Sykes.