The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-03-04
FORTY-SIXTH CONGRESS.
What the Nations Law Makers are
Doing.
The I'll. Iohn Porter Bin Before the Sen.
ats-Louan still Hammerlug Away
Discussion as to the Legality Of the
Present BIll-The Balm to Por.
ter's Wounded Honor.

wAsnlyarov, March s.

A communication was received IRON IN
Secretary Of War giving the number, age
rank, &C., OF the officers retired from tn
army since the act Of June, 1873.
Mr.. Thurman from the Judiciary Com
mittee reported adversely on his billsfo
the removal Of political disabilities o
individuals.
After the transaction OF some unim
portant business, and the morning hou
expiring, Mr.. Logan resumed his speect
on the Fitz John Porter bill.
He challenged the Senator from New
Jersey (Randolph), to produce proof o
the charge made in his recent speech, thai
General Mcdowell had before the court
martial reported to the War Department
his knowledge Of the force in front Of Por'
ter, though at the court martial he swore
he did not know it.
Mr.. Randolph replied that he did state
that General Mcdowell swore on Porter's
trial he had no knowledge OF the force in
front Of him; that is as to whether 1t was
Longstreet's or Jackson's, or either. He
now restated that and read from Nc
Dowell's testimony before the court, in
Guiding the following question by Porter's
counsel.
Q-When you left the accused where you
found him on the Goth where you at that
time advised that Longstreets corps or
any other corps Of the Confederate army
was marching on TO unite with the right
OF Jackson2 .,-.I..
AL did not know anything about
Longstreet's corps or Jackson's corps. !
have mentioned before that / received
note from General Buiord that seven
teen regiments, o battery and 500 cavalry
were marching from Gainesville. To
whom they belonged or where they were
going was not matter OF which was in.
structed.
Q.-Have you any knowledge now Of
what was the actual force OF the enemy
under Jackson, or did you know Jackson
was in commanded the enemy? ~ -
Al did not know Jackson was there.
I have been told he was there. don't
know what his force was.
Mr.. Randolph read much more OF the
evidence and claimed that 1t supported
his assertions.
Mr.. Logan said that he could show facts
to the opposite to what the Senator from
New Jersey had stated. He asked the lat.
ter II he had read report in the office Of
the War Department to which he had re-
ierred, by saying It ought to be there
whether 1t was or not.
Mr.. Randolph said he had read certified
copies Of It. .,!.-.
Mr.. Logan asked why he had, in view
OF that fact, insinuated that 1t might or
might not be there. He went on TO say
he had both report and evidence, and not
q scintilla OF testimony could be found to
show their disagreement. BE read from
the printed records Of theWar Department,
containing General McDowells report to
General Pope, in which'he said he was in
formed by General Buford that seventeen
regiments, one battery, and 500 cavalry
were passing along the Centreville road.
These were TIE exact numbers stated on
the trial. .,..-
The Senator from New Jersey had at
tempted to make out that Mcdowell
swore falsely because he said be had no
knowledge Of the force coming through the
Thoroughiare Gap, some miles away, while
the whole evidence shows that the Long
street corps took the Centreville road.
There was no discrepancy whatever. He
called on the Senator from New Jersey TO
produce certified copy Of any dispatch
contradicting this assertion II he could. II
this case waste 90 before the country on
false and manufactured statements he
wished to find itout, he had said this much
in justification OF Mcdowell, AMI honor.
able and high minded gentleman. He
gave notice II 1t became necessary for him
to 70 into argument on the evidence In
this case he would endeayor 10 show that
Porter did fail to carry out the order,
he would have obeyed II coming
from General George B. Mcclellan
or some such officer. He then resumed
his argument OF yesterday citing decisions
TO prove there could be no review OF the
finding OF the court martial. In the course
of his remarks he said Porter was ostensl.
bly seeking o removal OF the stain on his
l'honor, but when he asks that, he sticks
his hands behind him and says, 1890, 900
will correct 1t better than mere restora-
ton Of my honor" The only way, con.
tinued Mr.. Logan, In which Porter could
be relieved, was by an executive pardon,
He had been told, however, that the
President had never been asked to pardon
him. It was true pardon did not carry
with It 100000.
Mr., Kernan-Does the Senator think II
I am convicted by courtmartial, as be,
lieye erroneously, that o pardon would
place me where / would be placed, II
could have q rehearing and show that
was originally innocent t2 . :.
1 In "a III no n
the BILL; there Is $4,000 In 1t. But wha
kind OF o rehearing could be had tina
would have authority to bring Porter be
fore 1t and retry him2 ..dG
Mr.. Herman Originally the President
II he had seen ft, could have annullet
this sentence. Now want TO give him {
chance to review 1t on the ground tina
the report Of the Board OF Inquiry tha
finds the sentence was erroneous.
Mr.. .Logan-There Is no power to gran
a new trial, but II there was could an!
power OF this government grant q new
| trial after the President approved the sen
tence that would have authority to bripl
man before it2 ST. - Ei.
Mr.. Kernan-In my review OF the Law
Congress can pass law where there hal
been Judgment by court authorizing
review. and rehearing Of the case.
I Mr.. Logan-That Is not the question
] Is there any power to authorize nev
trial by the court that would have author
| ity to bring Porter before 1t and try him
Mr., Kernan-I believe there Is powe
on the application Of the accused for Con
gress to authorize the tribunal to rehea
Mr., Logan-I do not agree with th,
Senator, but what power would there b
in such a tribunal to try Porter for thi
Mr. Kernan-In my judgement there
in the legislative authority Of this govern
ment power to authorize the man VIII
asks 1t to be reheard and retired.
Mr.. Logan-Is there any power to retr
/, Mr.. Kernan-It this bill passes as 1t
3 proposed to be amended, 1t authorizes th
4 President to review this case and by r,
, trial. l mean review Of sentence.
/. Mr.. I,ogan-The Senator has misrea