New-York tribune., 1880-03-09
THE FITZ LOHN PORTER nEBATE.

THE FITZ JOHN PORTER DEBATE
SENATOR BAYARD's sPEECH-MISINTERPEETINGT IT'S
MISREPRESENTATION POINTS ABLY HAN
nLED-PARrY INTEREST OR PREJUDICE 10 DE-
eide THE CASE.
lBY TELEGRAPH TO THE TRiBUNE.l
WASHINGTON March Sit is a fact. as everyone
who watches Congressional proceedings will adj
nit that more of the real merits of any question
upon which there are different opinions can be
brought out in n half hours running debate than
week devoted to formal speeclnnaking. This has
again been made apparent in the Fitz John Porter
discussion.
senator Randolph refused to I've interrupted in his
opening speech. and succeeded in placing on the
record that which, if all his assumptions were
correct must have been an overwhelming refutation
of the accusations made against General Porter and
sustained by the cOurt-martial which tried him.
General Logan took ND the points made by Sena~
tor Randolph and one by one showed III a most con-
viucing manner that they not well taken that
portions of the testimony had been misinterpreted
TO make it fit with the conclusions which it was
sought TO reach, and that pertinent facts which
should have been quoted with the testimony were
suppressed.
To-day Senator Bavarl has had the floor for
three hours set speech, during which he resta ed
some OF the points made by Senator Randolph orig
inally aud answered 10y General Logan. ana. in adj
dtion lie combatted many of the theories advanced
by Senator Logan and Senator Carpenter
If the chief object OF Senatorial debates is to
make the record and enlighten the people, IL is we'll
perhaps that this kind Of see-saw should 90 on for
week or two longer. and that then Senators should
vote, as they probably will do. exactly If no al
gument had taken place.
Senator Bayard did not refuse TO be interrupted
to-day, but on two occasions, when Senator Logan
attempted H. he manifested so much annoyance that
no third attempt was made AS result. the
Senator's speech goes IN tie records, and
whoever reads It. beng unacqnlinted with
the facts Of winch it treats, will find it 4 most
thorough and convincing presentation Of the claim
ants case, aud masterpiece OF Congressional ora
tory; but let HIM read on through the ten minutes
running debate which follow ed its conclusion, be-
tween Senator Logan and the orator himself and
ne will find that some two or three of the strongest
arguments made by the Senator frorD Delaware
were based upon assumptions which were entirely
fals.
For example, Senator Bayard read from the esti-
mony before the Board of Review what purporis to
be an admission under oath by General Mcdowell,
that his former testimony was based upon mis-
apprehension of facts. hut he had confused the date,
and had spoken of events which occurred on the
3Oth a. having taken place ON the 29i The
reader Of Senator Bayards speech VIII gflhcr ron
il that one Of the chef causes of the conviction or
Tltz john Porter, Dy the couri-fnaItlal. was this
admitted blunder on the part OF General Mcdowell.
This nav not have been the intention OF Senator
BayaTd. but such was the effect Of tins part OF his
sucech At its conclusion General Logan showed
that the admission made by General Mcdowell had
reference ;G an error he had fallen into in writing
a letter many years subsequent 10 the cOuTt-mar-
tial and that IT had not the slightest reference to
the testimony upon winch General Porter was CON
Ylctcd.
senator Bayard's handling Of other facts in regard
to the testimony was equally unfortunate, but II Is
10 be presumed IL was due rather TO the lmD0s-i-
blity Of reviewing and becoming master Of the
four large volumes of testimony within the time at
the dlspCsil Of SO busy man as a United States
Senator than 10 wish TO misicprcscnt the iacts
set forth in the testimony.
In the legal portion of his argument and this com
Drsed by far the greater part Of II, Mr. Bayard WAS
much more successful, and he reviewed the speeches
! of Senator Carpenter and senator Logan in regard
to he powers Of Congress TO review revere the
findings of Il cOuIt-martal and lett the majority of
| his audience convinced that If such power does
| not exist il certainly ought TO.
It is evident that the chief controversy is to be
| over the Constitutional power Of Congress to
! view the findings Of cOuTis-martal. As the Senate
| contains some of the most ingenious and eminent
| lawyers in the world il may be expected that the
very highest judical authorities will be dug up and
quoted in support of both sides Of the question: and
that finally neither Senators nor auditors will have
| any opinion at all upon the matter
This being the situation OF affairs, the Senate will
be prepared to vote upon party lines, or according
| 10 individual prejudice.