Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-03-08


presented a letter from the Commissioners of Pen
81 u.s. with the estimate of deficiencies in the pen
sions for the current year. Referred.
Some bills of personal nature being disposed of.
the bill to amend Section PAT of the Revised
Statutes in relation to the issue of patents for pri
vate land claims confirmed by an Act of Congress,
was passed.
THE FITz JOHN PORTER CASE.
Consideration was then resumed of the Fitz John
Porter BILL and Carpenter addressed the Senate
Carpenter argued that Congress had no authority
to amend the sentences Of Court martial, or au.
thorize the appointment to the army N spite of
sentence, or to grant new trial TO man who had
been out of the army seventeen wears The Presi.
dent could pardon Porter; but it was unnecessary
to pass bill to tell him SO. Carpenter said the
whole tendency of our time eemed to be toward
the Capitalization Of power in Congress. The boun-
diaries between and limiting the various Depart
ments of the Government established by the
Constitution were continually disregarded This
bill was an example of such encroachment He
asked, what right has Congress to command the
President to appoint man i'll the army any more
than in the Courts? If Porter is eligible at all,
what need to authorize the President and the Sen
ate to exercise their constitutional powers. Burr
sides amendment for new trial by a Court of
thirteen officers to confirm, mitigate or annGl the
former sentence. is remarkable; Porter, having
been private ci izen for seventeen years. can
not be subjected to Court martial, even with his
consent The whole proceeding would be farce,
nullity.
Carpenter lauded the character of the previous
Court-martial. On the other hand, the three ndi
vduals who reviewed the proceedings of that Court
had no shadow of ris3iction, power even to ad
minister an oath. The only reason these three in
dyiduals had for their inquiry was to inform the
President whether he might properly pardon Porter
The President pardon Porter, and that would
wipe out all consequences of the sentence
NEVER APPLIED FOR PARDON
am told that Porter has never applied for a par
don. submit that under the circumstances of this
case Porter is not at liberty to set his frown against
the only power that, under the Constitution can re-
lieve him. and ask us to exercise power that 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 violate principle of the Const
tuition We cannot touch the case without violating
our oaths to support the Constitution, for the par
doning power belongs to the Executive and no mat
ter what it is Called the annulment OF this sentence
would operate as pardon 1 had intended
TO review the testimony on the question
OF fact, Was Mr.. Porter guilty p" There
are two reasons why l do not In
the first place. think it wholly unnecessary, be-
cause if we have constitutional power to pardon
him, or what is the same thing, relieve him from
that Judgment in any form OF proceeding Whatever
it is immaterial to whether he was guilty or not
In the next place, that part of the task has been
performed by the Senator from Illinois q oran) much
better than l could DO it. Now, have no feeling
against Fitz John Porter on any account 1 was
with him year at the Academy at West Point, and
always esteemed him gentleman until this affair
occurred. The testimony, which have examined
pretty fully convinces me, that Fitz John Porter
was disloyal to the Union, not that he meant that
the South should succeed in breaking up the Gov
eminent, but that
HE WAS DEVOTED TO MCCLELLAN.
Mcclellan was the idol of his heart and the star of
his hope He wanted to see Mcclellan succeed. He
was the man to whom Porter was attached around
whom all the affec ions of his he irt seemed to have
en.wined themselves, and il was as bitter as death
to him when Mcclellan supplanted in command
and succeeded bysa man for whom he seems to have
had great contempt. That was the fault and fall Of
Fitz John Porter. IL ambition, il not for
himself, for his friend like ambition drew
Satan down, that drew Porter down; he fell ike
Lucfer never to rise again.
SUMMING UP.
Carpenter briefly and eloquently summed up Lo-
CANS long argument to the facts of the battle de-
carng that Porter fatty diSobeyed orders: had no
heart in the cause had destroyed twenty thousand
lives. His own State felt the loss heavily. The
bones of those slain soldiers came by Every train
from the battlefield to Wisconsin. we're piled
up like merchandise in the depots and sleep now in
green graves that dot the hills and every green
valley in Wisconsin Our people viii not forget
FitZ John Porter, and would never forgive if
should vote to put him back and pay him as if he
had served his country faithfully. Queer things
are done these days, and this may be done, but
not BY my vote Nevertheless, Mr. President, Gods
will be done. itmay be that even this last rayesy
upon justice is necessary. They tell US that whom
the gods would destroy they first make mad 1t
may be that Democrats are not mad CROUCH yet to
insure their total destruction. This last act may be
needed to convince the American people that to in
proper discrimination between virtue and vice.
and to fix the proper punishment upon dislnyalty
and hold rebellion in check, we need in the White
House once mere the steady hand, cool head, and
the patriotic heart of U. S. Grant. lGreat applause.
Bayaro obtained the floor, but yielded TO motion
for executive session. and when the doors were
reopened, the Senate adjourned until Monday.