Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-03-07
FORTY-SIXTH CONGRESS-.
Second Session.
The Senate.

missioner of pensions, submitting 4 revised
estimate of the deficiency for army and navy
pensions fo7 the fiscal year ending June 30
next.
Senator Teller introduced bill to enable
town sites 10 be entered on public lands. Re-
ferred He had prepared the bill ir accord
ance with part of the late report of the pup
lie land commissioner. That report contained
very many questions of doubtfu, propriety,
but the part embraced in the bill would prob
sblv not be questioned by anyone familiar with
the wants of the Western people. 1t was now
practically impossible in Western States and
Territories to enter town sites. He invited
the early action of the committee on the
matter.
Some bills of personal nature being dis
posed OF. a bill to aunul section 2ii7 of the
revised statutes, in relation to the issue OF
patents to private land claims confirmed by
act OF Congress, was passed.
Consideration was then resumed OF the bill
for the relief of Fitz John Porter, and Senator
Carpenter addressed the Senate.
Senator Carpenter said careful observer
of the tendencies of our time cannot fal. to
see that in every branch of our government we
9re running towards consolidation and centrall-
zation OF power, and that inside of the gov
eminent the tendency is equally strong to-
ward the Capitalization of power in Congress.
IN illustration he remarked: We have estab-
lshed by law, and supported fo- several years.
at the expense Of the people, the department of
agriculture and 1t IS now proposed
TO establish department of
agriculture, mines and mining and manufac-
lures. Considering that neither the word
agriculture, mining or manufacture occurs IN
the constitution, nor are they referred to, 1t IS
\ little curious to know to what provision of
the constitution this new executive depart
ment is TO be traced This disregard for the
constitution MARKS decadence our practice
and in our governments. 1t leads to danger
Gus encroachment on the provinces of the
State The constitution says all officers of the
Emitted States shall be appointed by the Presi-
dent, by and with consent of the Senate. We
pass law directing men to be appointed in
the army, breaking the line of promotion.
What authority mas Congress to so command
the President to appoint man IN the army,
more than in the courts or IN any o.her civil
office. Nothing whatever but usage. Nothing
but persistent, obstinate violation of the con-
stitution and encroachment upon the executive
power. An essential element of our system of
govern ment is the distribution of powers in
three great branches of the government-legs-
Iatiye, executive and judicial. Yet this very
pending bill expects to strike down this dis
slnctiou and to exercise Judicial power by the
two houses of Congress. The original
bill proposes that the President shall be author
lied to set aside and anuul the judgment of q
court rendered seventeen years ago, and restores
Eitz John Porter to the place in the army
which he lost by that Judgment. Can any
lawyer call this legislation exercise of legis-
lative power. Ii was proposed to set aside the
Iud yment and restore Porter. He has been
seventeen years private citizen without ask
ing yea or nay. He WAS not to be confirmed on
a omination but restored by act of the
President, annuling the sentence of the court
That was tn carry with it, by logical conse-
Quence, all the pay he would have been entitled
to if he hadn't been removed, and had other
like efe cts. Now it not having been ascer
tanned II suppose that was pretty tough job
Coz Congress to uudertake) the member of the
committee who reported the bill (Rsndolph)
has of cred a substitute authorizing the Pres-
dent to name and by and with the advice of the
Senate to appoint Porter a colonel In the army.
dating from 1868. In some respects this
amendment is than the orig FINAL bill.
That bill assum ed that Congress could set aside
the findings of the court, and its other prOvis-
ions followed logically from that assumption.
This amendment does not propose to pay the
iud rme eat OF the court, even the passing re-
specs of a1.nuiling 1t. 1t proposes to leave it
in full force, declaring Porter should be dis
missed and rendered incapable of holding any
office OF trust, honor and profit under the
Jni5ed States thereafter. It leaves that SEN
tence in full force, and yet in absolute con-
tempt OF il, Congress is expected to provide
that the President may name and the Senate
confirm this to hold the Office of colonel.
II IT, JCQn Porter can De nalIleu Dy the HreSl-
dent and confirmed, is there any occasion fer
passing bills saying that 1t can be done: If he
Is eligible at ail, may not the President and
Senate exercise their constitutional power with
out the aid of an act OF Congress.
TIE Senator continued: The amendment
proposed by the senator from Rhode Island
Burnside which provides that trial by
court Of thirteen officers, having power subject
To the approval by the President to confirm
mitigate avoid the former sentence is still
more remarkable. Porter having been pri-
vate citizen for more than seventeen years can
not he subjected to the jurisdiction of a court
martial. Even with his consent, the whole
proceeding would be farce and nullity. Con-
gress has no more right to try Porter, to-day by
court martial than it has to try you,
MIR. President, or me. The court martial that
tried Porter and drove him in disgrace from the
vice was clothed with the majesty of the constitu-
ton and laws authorizing the administration of
Justice on this man. then in the military service It
was composed of men of eminence in their profess
sion, authorized TO call witnesses from all parts of
the United States to send for persons and papers
and administer oaths, and any man who swore falsely
before committed peri ury and must atone for his
odense in the penitentiary. What power had three
individuals that passed upon this subject, as we are
told, in review of the action of the court martial?
They had no power whatever. They couldn't send for
witness-that is, compel his att ndance-couldn't
subpoena. They couldn't administer oath, 1 am
told they proceeded to do it. 1 undertake to say
that if they did they committed the crime of the ad
Dlinstration of extra Judicial oath, that is, with
out lawful authority to administer Its crime is pun
1shabe at common law and by statutary law every
where. No man who told false story there could
be indicted for perjury. The board was not even a
court of inquiry. 1t not military proceeding.
Pardonng not the exercise of military power. The
President, acting in his capacity chief
c vii magistrate of the land, might pardon
this man, and he wanted to know whether
he ought to pardon him not, and SO he requests
he can't order-requeSts these individuals to advise
him Now hope those on the other side in this de-
bate will tell what clause Of the constitution gave
this board any authority whatever.
The Senator. after further argument il support of
his position, said: The decision of the courts
tal is final that Of civil courts, just Eng
fish ecclesiastical courts decision is final that
of the ord chancellor, and for the that OBJ
tains i'll all courts. tina: where there is no appeal
authorized from tribunal auth orized hear case
its decision must be final The President
can pardon Porter, continued Carpenter, and the
pardon would wipe out all 9uences of the sem
tence 1t would give nin the same legal standing lie
would have had before he was sentenced. lam told
PorIer has never applied for pardon. submit
that under the c.rcums ;ances OF this Porter is
at liberty to set his frown against the only power
that under the constitution relieve him and ask
US exercise power the constitution denies Is it
any humiliation for him to apply to that ultimate
power which may still reach his case, which is
ample and copious which falls like streams from
rising springs which MAY reach his case and vio-
lat no principle OF the constitution. We cannot
tOucn tha without violating OathS