The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1880-03-03
FoRTY-sIxTH CONGRESS.
Fits John porter's Case In the Senate
senator Logan's speech ON the Subject
The House Passes the Revised Rules,
the Same TO go Into Effect Monday.
SENATE.
WASHINGTON, March 9.

i WASHINGTON, MATCH :.
Mr.. Hoar submitted the following res
luton: q,
Resolved, That the Committee on Il
Judiciary be instruated to inquire and r
port whether any American citizens hay
been arrested or imprisoned after the 9,
ercise OF their Constitutional right TO pet
ton this body concerning the matter
grave public interest, viz: The title to
seat in this body OF Senators from II
State OF which they are citizens, wit
power TO send for persons or papers an
administer oaths.
Adopted.
The morning hour having expired, th
consideration was resumed OF unhnishe
business, the bill for the relief OF Fit
John Porter, the pending question bein
on the amendment in the nature OF sui
stitute submitted by Mr.. Rasdolph.
Mr.. Logan spoke in opposition TO tn
bill.
Mr.. Logan Joined the Senator from Ney
Jersey (Mr. Randolph) in praise OF Mi
Porter's soldierly conduct in the Mexical
war and in the late civil war, so far as b
then acted in soldierly way. The maj
who was true to his country's flag TO tn
end would never find the speaker detract
ing from his reputation. But there some
times came point in the career OF sol
dier when his record ceases to be a bril-
liant one. Benedict Arnold's record wa
at one time as brilliant as that OF any soldie
In any war. Itwas well to take mani
former reputation into account on histrial
but Il Is no defense, no excuse for hi
guilt. Mr.. Logan wished to discuss tht
case from It's legal point. He held tina
Congress had no power to set aside tht
sentence by court martial. The only way
that General Porter could be restored L
the army was by executive pardon. A
part OF his sentence was the prohibition t
hold Office under the government, bu
even after restoration, no one haI
power to pay him for services never rem
dered. The board OF review was appoint
ed to see II there was gronnd for pardon
The prohibition TO hold office must bere
moved by the Presidents pardon. Con
gress had nothing to do with It Mr.
Logan stood on the proposition that the
sentence OF the conrt martial was as de
cisive as that Of the Supreme Court. No
man was ever tried by higher court than
the court martial that sentenced Porter
and now we are asked to set aside the
verdict OF such court, restore to the
army the man they convicted aud pay
him about 100000. The request should
be most carefully examined. An unsworr
board Of three officers, without authority
Of law or power to send for or swear wit
nesses or Jurisdiction In the case, had
recommended the measure. He thought
such recommendation not worthy
to weigh against the sentence, the nine
eminent men having proper jurisdiction
who carefully examined and passed
on the case. Logan did not think much
OF the legal ability OF the men who recon
mended that the President should set
aside the verdict of the competent court.
martial approved by another President II
years ago. No commission appointed By
President can review the proceedings O
the court-martial. They can collect factl
and evidence for the Presidents informa
ton. The action OF this board was unan
imous and unprecedented. In the cast
OF Hammond the law did authorize {
board OF review; in General Porter's case
no such board was authorized. The Su
preme Court, continued he, says the Pres
ident is the only power that can review
that is by pardon. now the prropo
sition in this bill is to relieve
Porter by legislative action. The
power to appoint Porter Is not ques
toned. The President may pardon him
tomorrow, and then Congress can au,
thorize his appointment as Lieutenant
even lit chooses Notwithstanding his age
but until that pardon Is granted, relieving
him from the disability that's In the way
Of Congress, there is no power to put him
in the army In any rank.
Mr.. Logan will continue tomorrow.
Gen. Sherman and other prominent mer
were on the floor while Mr.. Logan spoke
and the galleries were crowded with an
attentive audience.
z The Senate passed the House bill ap
propriating $3.50, 900 for the purchase OF O
site for the Postoffice and other govern.
ment buildings in Baltimore.
After the executive session adjourned
HOUSE,
A resolution calling on the Secretary O.
State for information as to what measures
should be taken for the more frequent pub
lication and circulation OF the commercial
reports received by the State Departmen
from diplomatic and consular officers, wa
adopted.
The morning hour, on motion OF Mr.
Blackburn, was dispensed with and Black
burn moved that the House proceed to tn,
consideration OF the report OF the Com
mittee Of the Whole on the revision Of th,
rules. He stated that II was his intention
10 Immediately demand the previous ques
ton, Mr.. Conger inquired whether Black
hurn would allow yea and nay vote upo,
the amendment striking out from rul,
twenty.one the provision allowing politi
cal riders upon appropriation bills ant
received negative answer.
Mr.. Conger said that II he understood
the temper Of his side side OF the House
they would have vote upon 1t or the!
would remain silent for month or two
months to prevent vote being taker
upon the rules.
Mr.. Blackburn stated that he was actinG
under the authority Of the Committee OF
Rules.
Mr.. Conger called upon the Republican
members Of that committee to stat
whether they had agreed to demand thu
previous question.
Mr. House asked Mr.. Blackburn to yielC
to him to offer an amendment allowing
individual members, in case their bills ar
not reported from the committee within
sixty days, to move to suspend the rule
and pass the bill.
Mr, blackburn declined 10 yield.
Mr.. Frye stated in reply to Mr.. Congo
that the he agreed to ordering the pre-
yious question, confident that Il the rule
were again thrown open TO amendmen
and debate, amendments affecting tari
and internal revenue would be offered.
Mr.. Garfield, In giving his reasons 70
agreeing that the previous questionshopl
be demanded, stating that he understood
though without authority, that the Demo
I y. =