Morning journal and courier., 1880-03-03
Forty-Sixth Congress.
WASHINGTON. March

WASHINGTON, March ?. SENATE.-After the morning hour unfin- ished business came up, which was the Fitz John Porter case The amendment present. ed by MT. Randolph was read. MT. Logan took the floor and asked for the reading of the original bill. MT. Logan said the bill was important not only because it affected the character of an individual, but because it established 8 precedent. He would not attempt to detract from General Porter or his reputation, but in the most brilliant ca reer there is 8 period where honorable lus- Ire is dimmed. Former regulations cannot be brought as a defense for violated law. Congress has no right to set aside the verdict of court martial when it has been once ap- proved by the President and is within the re quirements of the law. The only power existing to restore Porter to the army does not lie with Congress, but first with the President to pardon, and then by authority of Congress he may be restored to the army but Congress must not go back in the matter of pay. This is simply 8 law. The Senator from New Jersey (Randolph) might search the records of this Government from the beginning and he could not find single case where an officer after trial and sen- tence by court martial was restored to the ranks of the army, except through executive pardon. He then went into 8 lengthy argu- ment in support of his view of court martials and their powers.
 MT. Hill-Taking for granted your assump- ton that the decision of a court martial is as valid and final as that of the Supreme Court, does the Senator think that Congress would be estopped by a..decision of the Supreme Court from correcting an error in case of land title for instance?
 MT. Logan-CongreSs cannot reverse the sentence, but it can grant new title.
 MT. Blaine-Is there any doubt among law yers that the President has the power of par doning Porter from that part of the sentence which leaves disability upon him?
 MT. Logan-I have never heard of any such doubt.
 MT. Blaine-The presumption then Is that the President does not want to pardon General Porter, or else he would have done it. Can Con- gress, 'supposing that this bill is vetoed, pardon General Porter
 MT. Logan-No, sir, that is just what I have maintained all along, that Congress has no jurisdiction in the matter. The pardoning power is with the President.
 MT. Hill-Do you mean to say that If Con gress becomes convinced that the decision of the court martial is wrong, that Congress has no power to correct2
 MT. Logan went on to argue that the decis- ion of the court martial belonged to the past and that legislation was the future. Before Mir. Logan had concluded the Senate went in- to executive session and at 5:20 p. m. ad- journed.
 
 House proceed@to the consideration of the re- port of the Committee of the Whole on the subject of the revision of the rules. He said that it was his intention immediately to de- mand the previous question. This caused some discussion, in which Messrs. Frye and Garfield, the Republican members of the Committee on Rules, admitted having agreed to the demand for the previous question, the former because he was confident that, if the rules were again thrown open to amendment and debate, amendments affecting the tariff and internal revenue would be offered, and the latter because there was a tacit under standing on the Democratic side that no riders should be put upon appropriation bills at this session.
 Mir. Blackburn denied that Mr. Garfield had any authority to make that statement.
 The amendments were read and the previ- ous question was demanded, and upon many of the amendments a separate vote was de- manded.
 The previous question was seconded. The amendments upon which a separate vote was not demanded were agreed to in lump.
 MT. Robeson, of New Jersey, demanded separate vote on the first amendment to rule 3, which provides that the clerk shall, at the commencement of the first session of each Congress, call the members to order, preside at the pending election of Speaker, decide questions of order, etc. The amendment was agreed to-146 to 101.
 The amendment SlVlnS the Oonnlttee on Commerce control of the river and harbor ap- propriation was agreed to without division. The clause giving the Committee on Agricul- ture control of the appropriation for the agri- cultural department was also agreed to. The amendment giving the Committee on Public Buildings and Grounds control of the appro- priation for public buildings was rejected 101 to 136. The amendment to rule 21. which permits legislation on appropriation bills un- der certain conditions, was agreed to-119 to 112. Other amendments being concurred in, the question was taken on the adoption of the rules as amended and adopted by vote of 122 to 8S. A resolution was adopted that the new rules should take effect Monday.
 The House at 5:25 adjourned.