The weekly miner. [volume] (Butte, Mont.) 1878-1881, 1880-03-16

Justice due IN the name of the American gov.
eminent. The fact that the Republican
President and his advisers commended the
matter to Congress should ,divest this bill OF
partisanship. He denied that courts martial
are equal to civil courts the latter can review
the proceedings Of the former and prevent
unlawful judgments. Can it be possible that
injustice, don't in the passion of war and
amid the roar of cannon, can never be undone
when found unjust? In 1874 Congress re-
versed the court martial decision in the case
of Geo. A. Adams because it was found to be
unjust.
Logan said that was not a parallel case, the
President not having approved the finding OF
the court martial. ."u#.ar
Bayard said: Nevertheless, Congress has
set aside the effect of the court martial as to
the charge that Porter had delayed and finally
retreated on the Goth, it having been proved
that there was no such general engagement
on the 10Th as Mcdowell swore to. Mellow
ell made a frightful mistake in making the
charge, for he confused the Goth with the 30th
of August; he was misled by reading Jack
sons report, which referred to the Both, and
not the 10Th, and only discovered his mistake
when testifying before the board of review !;
that the whole fabric OF McDowell's testi-
mony, on which Porter was convicted, rested
on a mistake. As to disobedience of the
f.DO oIutIs dIlOIICl w olouShO ooU bCAoiC
the board OF review was that Porter did not
get the dispatch until after 6 p. IN. As to the
events of the 30th, they rebound to the glory,
and not the shame, OF Fitz John Porter.
Stonewall Jackson, than whom no man was
a better judge of bravery, reported to his COM
handing officer that the attacks were made
with such fury and gallantry by the United
States forces that nothing but the fortunate
reinforcement by Longstreet prevented
-, --z.kln~,v M. @1Nn D1pfnr ItraofnI
these attacks, and it was his courage and that
of his men that came so near overwhelming
the Southern army. That which was intended
for his shame will stand forever as a monu-
ment to his courage, fidelity and ardor.
These facts cannot be rubbed out or sluITed
over. They will burn themselves into the
co~nsciences of the American people so long
as memory shall last. (Applause.) The dis
patch OF Mcclellan TO Porter, exhorting him
to support Pope, was written at the request of
Lincoln, who had heard rumors of the ill
feeling among the officers, but these were
mere rumors. Porter's response to Mcclellan
revealed the true spirit in which he had been
acting. 1t is as follows:
FAIRFAX COURT HOUSE,
Sept. ?, 10 a. IN, 1862.
You may rest assured all your friends, as
well as every lover of his country, will ever
give, as they have given, to Gen. Pope their
cordial cooperation and constant support in
the execution of all orders and plans. Our
killed, wounded and enfeebled troops attested
our devoted duty. (Signed).
F. j. PORTER, Maj. Gen. Commanding.
As to money appropriated by the bill, it
was not worthy 10 be mentioned. in consid-
Grafton of the suffering by Porter of seven
teen years by reason of this unjust sentence.
1t has been said tina We will hear from the
country if we pass this bill. He hoped 50,
but he wanted the country to hear from him
first. He was not waiting tor the echo of
popular approval Or condemnation. He would
be all unworthy Representative of an intelli-
gent people if he did not care to vote in his
own conviction of right. Logan remarked
that boards ofinquiry should be called only OH
the request of an accused officer. Bayard said
that was the case only when they were called
by the commanding officer. The statute pro
vided that the President might call it at any
time. Logan held that such a board could
not inquire into the conduct of a man now a
citizen. Bayard claimed that it could inves-
tigate what a man did when a soldier.
Logan then charged that the supporters of
the bill were garbling the testimony, and he
would not sit still and allow such misrepre-
sensations to be made, and proceeded to speak
at some length, making the following points:
That McDowell's mistake about Jackson's
report referring to the Goth instead of the
Both was made in a letter long after the court
martial, JacksOn's report not having been |
made at that time. That all the evidence
there was a battle Oh the goth, and that
Porter d get the 4:30 order and afterwards
ordered morrill, to attack in accordance with
it, but withdrew the order; that the dispatches
read by Bayard show that Porter was going to
retreat when there was no force in front of
him. and contradict the other dispatches,
Shnuryup that ha had had communication
with Pope.
A message was received from the President,
but was not read or laid before the Senate, in
relation to the inler-oceanic canal.
Mcdonald obtained the floor, and, after
executive session, the Senate adjourned.
WASHINGTON, March 9.-Edmunds intro
duced a bill providing ior the erection of a
monument to Custer in Washington.
The bill authorizing the improvement and
repair of the Mullen wagon road between
Missoula and Ceur deLaine was
passed.
Slater presented a memorial of the officials
of Oregon praying for an appropriation for
opening the harbor at Yakima bay, and setting
forth the great commercial advantages likely
to result therefrom. The memorial was read
at length and referred.
Farley presented a memorial of the Legis- |
lature of California asking an appropriation
Of 100000 for protecting the rivers from I'M
pediments by mining debris. Referred.
WASHINGTON, March 9.-The Senate again
up the Porter bill.
Senator Mcdonald addressed the Senate.
He said the President had told Congress that
he had no power to appoint Porter, and that
there Was no colonelcy vacant, and that there
fore lie had righttully referred the matter to
Congress which has unlimited power over the
army and navy. 1t ioes not possess the par
doning power, but it possesses the power to
obliterate the law that imposes a disability.
He read a decision to show that the court
martial could be reviewed. The court mar
tial was composed of men likely to be inter-
ested in the case. Rockets and King were