The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-03-17
TIE FITz JOHN PORTER CASE.

The debate ON the Fitz John Porter case
would seem to indicate that It ls almost an
utter imposibility to keep questions Of party
politics and public justice separate. At least
II must be apparent to every impartial oh.
server that the Grant boomers on tho Repub-
lican side have thoroughly made up their
minds to turn every available discussion to
their advantage In the approaching presi-
Dental campaign. Here is an ex-offlcer OF the
Federal army seeking, at the hands Of the
government, redress for wrong alleged to
have been done him during the late civil war.
and the bill offered for his relief liz openly
and wantonly assailed as q Democratic meas
ure. The Republican Senators, 30 far "a
heard from. all seem to take this view, and
hence 1t becomes apparent that they have
fully made UP their minds to vote solidly
against Porter, without pausing to consider
the proceedings OF the board Of officers
referred to them by the President. On
the other hand, the Democrats have dis
cussed the question from purely
legal standpoint and on the evidence
laid before them by the President. Senator
Bayard's speech is especially noticeable for
Its non-partisan tone and It's strong argu-
ments relative to the power Of Congress to
review the proceedin = OF q court-martial In
reply to Senator ca enter. When Senator
Carpenter asserts that Congress cannot touch
the sentence OF the Porter court-martial be-
cause it was final and because there Is no ap-
pellate Jurisdiction, he Ia evidently inclined to
beg the question. In the judicial sense Of
appellate Jurisdiction" 1t is true there Is
none, and II the case and the tribunal came
within the judicial power Of the United
States the Senator would be right. But to
say that Congress has no Jurisdiction to an
null the sentence of a courtmartial because
Congress Is not itself an appellate court-mar-
tial proves nothing. Congress is that body to
which the constitution has committed the
exercise Of that part Of the sover-
eign power OF the United States
which concerns the government or the
army. In all that it does within the army,
In regulating and governing 1t. and which
does not trench upon the functions OF the
President or commander-in-chief, Congress
is supreme. Senator Bayard met Senator
Carpenters legal argument by holding that
the court-martial that tried Porter exceeded
Its jurisdiction In pronouncinR sentence
that reached beyond his connection In the
army and affected his civil rights after his
dis missal. He also cited q number OF prece-
dents sustaining the view that Congress has
power to declare that the courtmartial did
exec ed Its jurisdiction. The atrongesto OF these
was ex-Surgeon General Hammonds case,
which was precisely like the Porter case, and
In which every Senator but one voted to an
nui an unexecuted sentence. In volume Is Of
the Statutes at Large page 81, will be found
an act Of Congress. passed June IS. 1874,
which affords q precedent for all that Is asked
In Gen. Porter's case. It was passed to re-
lleve certain officers of the Tenth United
States Colored Artillery from the conse-
quences Of an unjust sentence Of court
martial.