Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-04-22
P0rEel's appeal.

WASHINGTON, April 21.-The letter OF Gen.
Fitz John Porter to President Arthur is as fol-
lows: Morrlstown. N. j., April II, 1852
To the President, Washington, D. C.-sir;
l have the honor to acknowledge the receipt,
through the secretary of war, under date of
the 18th inst, of your decision upon my ap-
plication of Dec. %, 1881, to annul and set
aside the findings and sentence OF the court
martial in my case, and to nominate me to the
senate for the restoration to my former rank
in the army. Your decision, after determina-
ton Of the powers of the president, as ex-
pressed in the opinion of the attorney general,
is "that compliance with the application con-
tanned in my letter is not within your power"
may have misunderstood the extent of the
constitutional power of the pres ident when
asked you to do directly with the aid OF senate
that which q board of distinguished army
officers had in the interest of justice recon-
mended should be done, but which you in con-
curing in the opinion of the attorney general
inform me you have not the power, only in
part, to perform, and that special legislation
by congress is needed to complete the justice
asked for Ny application was based upon
the recommendation of the advisory board ap-
pointed by the president to examine into the
facts and to report what action in their opin-
ion justice required should be taken by the
president. That board found and reported
after a long and patient examination and con-
sideration of all facts in the case, that
my conduct in all the events of August
1862 inquired into by the court martial by
which l was tried, was in the light of the full
evidence, that which was then laid before the
court, and also that which was unattainable
at the time of my trial-"that subject to criti-
cism and was much less deserving of censure
or condemnation, and was obedient, sub
ordinate, faithful and iudicous. It saved the
union army from disaster on the goth of Au-
gust" and the advisory board recommend
THAT in their opinion justice required at his
tthe president's) hands such action as may be
necessary to annul and set aside the findings
and sentence of the court martial in the case
of Major General Fitz John Porter, and to re-
store him to the position of which that sen,
tence deprived him such restoration to take
effect from the date of his dismissal from the
service"
Relying also upon the clear and emphatic
language of said board "that all essential
facts, in every instance, stand out in clear and
absolute contrast to those supposed facts
upon which he II was adjudged guilty, and
that it is not possible that any court maj tial
should have condemned such conduct if it had
been correctly understood, - and believing that
! am entitled to the complete and just vindi-
cation recommended by the board, and that
" proved by overwhelming and irrefragible
testimony to have been palpable erroneous in
its basis of assured facts, and utterly
destructive of the happiness and welfare of an
officer who has neevr failed in the strictest
and most honorable fidelity to his government
should not be a barrier to the relief to which
consider myself entitled, l again renew to
YOU, as the chief magistrate, my appeal for
Justice. Conscious of my absolute and entire
tnnOrence have not ceased from the hour Of
the PRONUNCIATION of the sentence of the court
martial, persistently to protest against the
terrible injustice done me, and have striven in
every proper mode to secure my vindication,
as the public records now before you will
fully establish, | now respectfully and most
earnestly, ask that you will grant the remis-
sion of that portion of the sentence Of the
court martial which remains unexplained and
carry into effect the recommda ton of the
advisory board, so far as the same lies within
your constitutional power, and transmit the
result of your action, together with the find
ing of the board, to congress, coupled with
such recommendation in the premises as you
may deem just and proper.
Very respectfully yours,
(Signed) FITZ JOIN PORTER.
FITz JOHNS EFFORTS.
At the cabinet meeting to-day Ftz John
Porter was again under consideration on
new petition from General Barton for relief
from the sentence of the court martial. The
petition was referred to the secretary of war.