The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1880-03-04
LATEST TELEGRAMS.
FORTY SIXTH CONGRESS.
REGULAR SESSION.
SENATE.

was received from the secretary OF
war giving the number, age, rank,
etc., OF officers retired from the army
since the act of June, 1873.
Thurman, from the judiciary com
mittee, reported adversely the House
bill for the removal OF the political
of individuals.
Wallace, from the committee on
appropriations reported with amend
ments the House bill to provide for
the deficiency in the appropriations
for the transportation OF mails on
Star routes. for the fiscal year ending
June 80. Calendar.
The morning hour expired and
Logan resumed his speech on
the Fiiz John Porter bill. He
Randolph to produce
proof OF his charge that General
Mcdowell had, before the court
martial, reported to the war depart
ment his knowledge of the force in
front OF Porter, though on the court
martial he swore that he did not
know it.
Randolph replied that he did state
in his remarks that Gen. Mcdowell
sWore on Porter's trial that he had no
knowledge Of force in front OF him
that is, az to whether it was Long
streets or Jackson's, or either. de
now stated that, and read from
McDoWelPs testimony before the
court, including the following question
on Porter's counsel:
When you left the accused where
YOU found him on the Goth, we're you,
at that time, advised that Long.
streets corps, or any other corps of
the confederate army, was marching
on to unite with the right OF jack
sons? AnsWer-I did not know any
thing about Longstreets corps or
Jsckson's corps. | have mentioned
before that 1 received note from
General Buford that seventeen regi-
ments, q battery and 500 cavalry were
marching from Gainesville. To whom
they belonged or where they were
going, was not q matter of which |
was instructed.
Question - Have you knowledge
now of what was the actual force OF
the enemy under the command OF
Jackson; or did you know that jack
son was in command of the enemy
Answer-I did not know Jackson was
there. I have been told he was there.
l 90 not know what his force was.
Randolph read much more of the
evidence, and claimed that it sup
ported his assertion.
Logan said he could shoW the facts
to be the opposite to what Randolph
had stated. He asked the latter if
he had read the report in the off ce OF
the war department, to which he had
referred, by saying it ought to be
there whether it was or not.
Randolph said he had read certi-
fed copy of it.
Logan asked why he had, in view
of that fact, insinusted that il might
or might not be there. He went on
to say that he had both the report and
the evidence, and not a scintilla Of
testimony could be found to show
their disparsgement. He had read
the printed records OF the war de-
partment, containing General Nc
Dowell's report to Pope, in which he
stated he was informed by BufOrd
that seventeen regiments, one battery
and 500 cavalry were passing along
the Centreville road. These we're
the exact numbers stated on the trial.
The senator from New Jersey had
attempted to make out the Mcdowell
sWore falsely, because he said he had
no knowledge of a force coming
through a thoroughfare some miles
away, while the evidence shows that
Longstreet's corps took the Centre
vile road. There was no discrep-
ancy whatever. He called on the
senator from New jersey to
produce the certified copy of any
dispatch contradicting this assertion,
if he could. If this case Was to GO
before the country on false and manu-
featured statements, he wished to
find it out. He had said this much
in justification of Mcdowell, an
honorable ard high-minded gentle
man. He gave notice that if ii
became necessary for him to 60 into
IN argument on the evidence in this
case, he would endeavor TO show that
Porter did fail to carry out orders he
would have obeyed, If coming from
General Mcclellan, or some such
officer. He resumed his argument
of yesterday citing the decisions to
prove that there could be no review oil
the findings of a court martial. In
the course of his remarks he said that
Porter was o5tensibly seeking the
removal of the strain on his honor,
but when he asks that, his hand
behind him and says: Sixty thousand
dollars will correct i! better than
merely q restoration of my honor.
The only way, continued Logan, in
which Porter could be relieved was
by executive pardon. He had been
told, however, that the President had
never been asked to pardon him. II
was true a pardon did not carry with
it 100000.
Kernsn-Does the senator think il
1 am convicted by a court martial, as
l believe eroneously, that pardon
would place me where l would be
placed if l could have rehearing
and show was originally innocent?
Logan-There is no rehearing in
the bill. There is $50. 900 in it; but
VIVA! kind of a hearing could be had
that would have the authority TO
bring Porter before it and retry him?
Kernan-Originslly the President,
if be had seen fit, could have an
nulled this sentence, Now l want to
give him chance TO review On the
report Of the court of inquiry that
finds the sentence was erroneous.
Logsn-There is no power to grant
new trial; but il there was, couli
any power of this government grant a
new trial, after the President had ap.
proved the sentence, that would have
the authority to bring a man before it?
Kernsu-In M view of the law,
Congress can pass law where there
has been judgment by court. authoriz
ing review and rehearing of the
case.
Logan-That is not the question.
Is there any power to authorize a new
TRIAL by court that would have au-
thority to bring Porter before it and
try him?
Kernan-I believe there is.