The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1880-03-16
CONGRESSIONAL
SENATE.

WASHINGTON, March 6.-SenatOr Carpen
ter, speaking OF the Porter case, and illustra
ting the tendency toward the Capitalization o
power, mentioned the establishment of thu
Department of Agriculture and the proposed
Department of Mines and Mining and Manu-
f~actures, which words do not occur in TIT
Constitution. This disregard for the Consti
tuition marks q decadence in our practice Of
government and leads to a dangerous ell
croachment on the province OF State. What
right has Congress to command the PreSiden,
to appoint a maj in the army any more thar
in the courts? None but an obstinate viola.
ton of the Constitution and All encroaclmen
on the eXecutulve power. Yet this bill eX.
poets to exercise judicial power by both
houses of Congress. Can any lawyer call
this an exercise OF legislative power, this
setting aside a Judgment of seventeen years
ago and restoring Porter to rank without ask
ing the Senate yea or nay? That was what
the original bill provided. 1t being ascer-
tanned that it wa "a tough job, Randolph had
reported a substitute authorizing the President
by the Senate's consent, to restore Porter to a
Colonency, dating from 1868. In some re-
spects this was worse than the original bill.
This bill does not pay the judgment of the
court even the passing respect of annulling it,
but leaving it in full force and contemporary
ignores it. If Porter is eligible at all what
is the need to authorize the President and
Senate to exercise their constitutional power?
Burnside's amendment for a new trial by
a court of thirteen officers, to confirm, mitl-
gate Or annul the former sentence, is still
more remarkable, Porter having been a pri-
vate citizen for seventeen years, cannot be
subjected to court martial even with his own
consent; the whole proceeding would be a
farce and a nullity. Carpenter lauded the
character of the previous court martial. On
the other hand the other individuals who re.
viewed the proceedings of that court had no
shadow of jurisdiction or power to even ad-
minister an oath, and the only reason these
individuals had for their inquiry was to i'll
form the President whether he might prop
erly pardon Porter. The President can par
don Porter, and that would wipe out all the
consequences of the sentence.
| am told Porter has never applied for par
don. l submit that under the circumstances
of this case Porter is not at liberty to set his
trown against the only power that under the
Constitution can relieve him. and smile at the
exercise of power which the Constitution
denies. Is it any humiliation for him to APP
ply to that ultimate power which may still
reach his case which is ample and copious
which "talls like streams from rising springs
Which may reach his case aud violate no
principle Of the Constitution? We cannot
touch the case without violating our oaths to
sopPo. = ~ y. 'ne pa.ooihnS
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sentence would operate as a pardon. l ha
intended to review the testimony on a quesd
ton of fact, WAS Mr.. Porter guilty ?'
There are two reasons why | do not. In
the first place l think it wholly unnecessary.
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