Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-03-09
FORTY-SIXTH CONGRESS-.
Second Session.
The Senate.

FORT4 -SlATH CONGkESS.
Second Session.
WASHINGTON, March S.-Ths Vice President
laid before the Senate the memorial of the
trustees of the Peabody educational fund
recommending an appropriation to aid in the
education of colored children. Referred.
Senator Jones presented q concur.
rent resolution of the Louisiana legisla-
ture asking an appropriation for the i'm
provement of the mouth of the Calcasieu
river.
Senator Kirkwood submitted resolution
instructiing the secretary of the treasury to
communicate to the Senate statement of the
amount of money expended by the United
States for all purposes necessarily growing
out of the late war, specifying separately the
amount of interest paid on such debt fol
each year, the amount paid for pensions,
including arrears. and the amount paid soldiers
and sailors of war, such information to be
brought down to Jan 1, 1880. Adopted.
The bill for tho relieB of homestead settlers
on public lands, amending the homestead laws
in several particulars. was passed.
APPROPRIATION BILLS.
MIR. Davis, West Virginia, gave notice that
tomorrow he will ask for the committee on
appropriations that the pending order be laid
aside informally, and the appropriation bills
now before the Senate be disposed Of.
FITz JOHN PORTER.
Discussion followed, during which the morn-
ing hour expired, and the Senate resumed con-
sideration of the bill for relief of Fitz John
Porter, and Senator Bayard addressed the Sen
ste, advocating the adoption of Randolph's
substitute authorizing Porter's reappointment
as colonel. Senator Bayard said he had listen
ed with pleasure to the argument of
the Senator from Wisconsin, Carpenter,
but he regretted to see
the careful, acute and able address offered by
a constitutional lawyer of eminence to his as
sociates in this chamber, wound up by dis6g-
urement at its close by q very poor appeal to
partisan prejudice. It was an unworthy end
ing Of q brilliant address. If there can be q
case in which partisan prejudices should be
eliminated, surely this is the case. The theme
before the American people is public justice.
1t is what is due. not simply to the individual
Immediately affected by our action, it is what
is due to the name of public justice and to
the reputation of the American government.
Partisan feeling has no just place in such a
discussion, and cannot be introduced without
great injury to the person introducing it. As
has been fitIy said: 1.-THE face of justice may be
darkened by frown but meyer disfgured by
q sneer," nor, may say. distorted by joke.
A Republican President and his advisors recon-
mend this measure to the attention of Con-
gress and this fact alone should divest the
matter of party Significance.
Senator Bayard denied that the ju risdiction
of courts martial was coequal with that of civil
courts. A fundamental distinction between
military and civil courts is this: The civil
court can at all times see whether a court mar
tial has broken the law that created it or no.
A court martial cannot pretend to examine in
to or question the judgment of q civil court.
The civil court can interfere with the court
martial to prevent its unlawful exercise of
jurisdiction.
It has been alleged that the President had no
constitutional power to summon board of
review in the Porter case because the matter
YVES ended with the court martial and could
never be reviewed. Can it be that in q civil
lized country, gross, palpable, admitted in
justice can never be remedied? Can it be that
the Judgments Of courts martial, suddenly
called, amid the passions of war, when justice
could not be found in the roar Of the
cannon, can never be changed even
if it be found unjust? Must government
founded to secure justice to all refuse JUS
tice to man who for seventeen years has
withered under the agony of an unjust sem
tence?
In 1874 Congress passed bill authorizing
the granting of an honorable discharge to
0COISC a. OlAuo I6Ic u VI pbdlu III tu0 OulJ6u
States cavalry, with back pay to date, from the
tins of bis dismissal in 1870 by court mar
tiai. Thus dishonorable cashlcvment was
cb snged by Congressional action into an honor
able discharge, Congress being Convinced Of
the injustice Of the sentence.
Senator Logan stated that in the Sims case there
was no evidence that the President had approved the
sentence and therefore the proceedings Of the court
were void in any event This wasn't parallel case
with the present one.
Al. k~.
out of the army by reason Of the action of court
martial and that that action was reversed by Con-
gress. This an illustration of the very power he,
n
up his army on the Goth and finally retreated in the
face Of the enemy, it has been proved
ns there was thu no such general
swore to. Mcdowell made frightful
mistake in making that charge for he confused the
18th with the 30th OF August He was misled by
not the 10th, and only discovered his mistake while
testifying before the board Of review so that the
whole fabric of McDowell's testimony on which For-
ter was convicted rested on Q mistake.
As to the disobedence Of the 400 order, another
fact brought out by the board of review was that
Porter didn't get the dispatch till after NJ As to
not to the shame of Fitz John Porter. stonewell
Jackson, than whom no man was q better
Judge n Of ,i bravery. reported to
forces that nothing but fortunate achievements
sent by Longstreet prevented his overthrow. Fitz
John Porter directed those attacks, and it his
courage and that of his men, which came 80 near
overwhelming the Southern army. That which was
intended for his shame will stand forever . monu
ment of his courage, fidelity and ardor. These facts
canuot be rubbed out or blurred over. They will
burn themselves into the condolences of the Ameri
can people 80 long as the memory shall last. (Ap-
pause.)
The dispatch of Mcclellan to Porter, exhorting
him to support Pope, written at the request Of
Lincoln, who had heard rumors of i'll feeling among
the officers, but these were mere rumors. POrters
response to Mcclellan revealed the true spirit in
which he had been acting. It is as follows:
"Fairfax Court House, 10 A. NJ, Sept. 2, 1861
You may rest assured that ali your friends, well as
every lover Of his country will ever give as they
and constant support in the execution Of all orders
and plans. Our killed, wounded and enfeebled
| troops attest our de voted duty.
(Signe0 -. PORTER,
Major General Commanding.
Az to the money appropriated by the bill, 1t wasn't
worthy to be mentioned in consideration Of the suf
fering by Porter for seventeen years by reason Of
this unjust sentence It has been said that we will
hear from the country II we pass this bill. He
hoped %, but he wanted the country to hear from
him first. He wasn't waiting for the popular sp-
proval or condemnation. He would be an unworthy
representative Of an intelligent people he didn't
care to vote on his own conviction Of right.
Senator Logan remarked that boards Of In
qury should be called only on the request Of 81 ac-
cused officer.
Senator Bayard said that was the case only when
they were called by the comm anding officer. The