Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-03-04
CONGRESSIONAL.
ESPECIAL BY TELEGRAPH TO THE REcoRD-uNIos. ]
Senate.

senate.
WASHINGTON, March 3d.-After the morning hour
expired, Logan resumed his speech the Eitz John
Porter bill. He challenged Randolph to produce
the proof Of his charge that General Mcdowell had
before the COurt-martial reported to the War De-
parment his knowledge Of the force in front of
Porter, though i'll the Court martial he swore that
he did not know it.
Randolph replied that he did state in his remarks
that General Mcdowell swore on Porter's trial that
he had knowledge of the force in front OF him that
Is, as to whether it WIGS Longstreets or Jacksons,
or either. He now stated that, and read from
McDowells testimony before the Court, including
the following questions by Porters COUNSEL
when you left the accused where you found
him on the 10Th, were you at that time advised
that Longstreets corps, On any corps OF the Con-
federate arms, was marching to unite with the
right of Jackson?'
= Answer-I did not know anything about Long
streets corps or Jaclsons corps. have mentioned
before that | received note from General BufOrd
that seventeen regiments, battery and 800
valry, marching from Gainesville. To whom
they belonged, or where they were gong, was not
matter OF which was instructed.
Questioa-Hayc you knowledge now Of what
was the actual force Of the enemy under the com
maud OF Jackson, or did YOU know that jackson
was in command Of tie enemy ?
''Answer-I did not know mat Jackson was there.
have been told he was there. Do not kno" what
his force was"
Randolph read much more evidence aud claimed
that it supported his ssertion.
Logan said he could SHOW tGe facts to be opposite
to what Randolph had stated lie asked the latter
ii he had Tsad the report in the Office OF the War
Department, 10 which he had referred by saying 1t
ought TO be here whether it was or not.
Randolph said Ee had cer,iiied copy tit.
Logan asked why ne had, il view of that fact, in
simulated that it might or might not be there. lie
went on TO say that he had both the report and
evidence, anu net sclniia Of testimony could be
found To show theif disagreement. lie had copies
from the printed records OF the War Department
containing General McDOwers report TO Pope,
IN lp hat he mi, r1in.a
BY BufOrl that seventeen regiments, one
battery and 500 cavalry passing along the Cen.
terv.lle road. These the exact numbers stated
o.; the trial. The Senator from New Jersey had at
tempted 10 make out that Mcdowell swore falsely
because he said he had 10 know ledge OF the force
coming through Ih0TOughieTe Cap some miles away,
while th5 whOie evidence shows that Lonsstreets
corps took the CenteIyille road. There was no dis
crep1ncy whatever lie called on the Senator from
New Jersey To produce a certified copy OF any dis
patch contradicting this assertion il ne could. II
this was 20 before the country on false and
manu- actur6d statements. lie wished 10 tina IL out.
He basl said this much in justification Of General
Mcdowell, an honorable and hish-miuded gentleman.
He gave notice that ii it became necessary fer him
to 90 into an argument on the evidence in
this case, he would endeayor to show that Porter
did fail to carry out the orders he would have
obeyed If coming from General Mcclellan, or some
such officer, He resumed his argument q yesterday
citing decisions 10 prove that there could be no
view Of the findings OF the Court-martial. In the
course Of Lis remarks he said Porter was ostensihy
seeking the removal Of the stain on his honor, but
when he asks that he uts his hands behind him and
says, 'Sixty thousand dollars will correct it better
than merely restoration OF my honor" The on y
way, continued Logan, iii which Porter could be re-
leved WAS by an Executive pardon He hsd been
told however, that The President bad never been
asked to pardon him. Ii vas true a pardon did not
carry with it S60,0 900.
Kernan-Dues the Senator think, if / am convicted
by Court. martial as l believe erroneously that q
pardon would place where | would he placed ii l
c uld have rehearing and show that was origi-
nally innoceBtI
Logan-Teere is 10 rehearing in the bill There
is 500, 900 init. But what KIND Of rehoaTng could
we have had that would have authority to bring
Porter before it and retry him?
kernan-OrsinallY the President, il he had seen
fit, could have aunuled this sentence. Now t
to give him a chance to review the report of the
Board OF Inquiry that finds the sentence erron-
cons.
Logan-There is no power to grant new trial ;
but il there was could any power OF the Government
grant new trial after the President approved the
sen ence that would have authority to bring man
before itI
KerDan-In nv view of the law, Congress can
pass q law where there has been judgme by
Court authorizing review and rehearing OF a
case.
Logan-That is not the question. Is thers any
power TO authorize new trial by Il Court that
woud I'VE over 20 bring Porter before 1t AMI t'y
him?
Kernan-I believe there is power on application
to rehear the case.
Logan do not agree with the Senator But
what power wcuid there be in such tribunal TO
try Porter for this offense?
kernan-In my judgment there is sufficient au-
thority ia this Government to authorize man who
asks it to be reheard and retired.
Logan-Is there any power to retry this man?
Herman If this bill passes rs 1t IS proposed to be
amended il authorizes the President to review
tss case, and by retrial mean review OF the
sentence.
Loraa-The Senator has misread the bill and the
amendment The amendment does not provide for
a review or to set aside, but it provides that he
shall have $4,000 and go back into the army.
Kernan-The bill US amended authorizes the Pres
ident in his discretion to do what he might have
done before he approved t-annul the findings.
Logan sent the bill to the Cler s desk and had it
read and remarked that Herman had better read bills
before he discussed voted them. He re terated
this intimation that the pardon of the President
was less cared for than the 900 appropriated by
the bill. He went on 10 argue that The legislative
branch Of the Government could not constitution
ally interfere with che judicial department by
multiplying its Judgments, proposed here. You
will hear from the country" he said, when you
perpetate this wrong upon the people of the land
in tones that will not be misund rstood."
at $3.50 Logan suspended his remarks, to resume
tomorrow.
After executive session the Senate adjourned.