The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1882-04-22
FIrZ ZIOIlN PORTER.


He Again Appeals 10 tho Prc~ficnt FOR
"Juatiec''--A Very Strong Letter.
WASHINGTON, April 2l.-The following
letter, addressed by Fitz John Porter to
the President, was read in Cabinet meeting
to-day, and referred to the Secretary Of
Var
MonRlsrowS, n. J., April II, 1882.
To The President:
SIN: have The honor to acknowledge
the recei pit, through the Secretary Of War,
under date OF the 18th inst ,of your decision
upon my application, Of December %, 1851,
ITO annul and set aside the finding and
sentence OF the court martial in my case,
and TO nominate me to the Senate ior
restoration 10 my former rank IN the army
Your decision, after determination OF
the powers OF the President, as expressed
in the opinion Of the Attorney General, is
that compliance with the application con.
tanned in my letter is not within your
power"
! Imay.haye misunderstood the extent oil
the constitutional power Of the President
when l asked you TO do directly, with the
aid Of the Senate, that which II board OF
distinguished Army officers had, in the i'll.
terest Of justice, recommended should be
done, but which you, concurring in the
opinion Of the Attorney General, inform
mc 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 tho President, "To examine
into the iacts and to report what action in
their opinion Justice required should be
taken by tho President" That board
found and reported, after long and
patient examination and consideration oi
all the facts in the crse, TINT my Conduct
in all the events Of August, 1852, inquired
into by the court martial by which
l was tried was, in the light
Of full evidence-that which was
then laid before tho court and,
also thu. which was unattainable at the
time OF my trial, not subject to criticism,
much less deserving Of censure and con-
demnution, and that it was obedicnt, sub.
ordinate, faithful and judicious; that it
saved the Union army from disaster on the
Goth Of August And the advisory board
recommended "rhat in their opinion
justice required at his tthe Prcsident's)
hnnds such action Us may be necessary tc
annul and set aside tho findings and sen.
tencc Of the court martial in the case oi
Mai. Gen. Fitz John Porter, and tc
res orc him 10 the position OF which
that sentence deprived him; such restora
ton to take effect from the date Of dis
missal from tho service" Relying, also
upon tho clear, emphatic language OF the
said board, "that all essential facts in over,
instance stand out in clear and absolute
contrast to those supposed facts upon
which he u) WIS adjudged guilty, and tina
it is not possible that any colrt.martia
should have condemned such conduc
Iii 1t had been correctly understood
and believing that I! am enitlee
to tho complete and just vindicatior
recommended by. tho Doard, and that th'
sentence OF the court.martial, subsequent
" proven, by overwhelming and irreira
!, gibIe testimony, to have been palpabl,
erroneous III lta basis OF assumed facts an.
, utterly destructive OF the happiness ant
welfare OF an officer, who has never tailet
in the R!ricteSt and most honorable adelit,
to his Government, should not be n bar
rier to the relief 10 which consider mysel
entitled, / again renew TO you, as Chic
;, Magistrate, my appeal for justice. u
, Conscious OF my absolute and entire innc
Q eence, ! have not ceased, from the hour {
!. the pronlulgation Of that sentence OF th
4 court martial, persistently TO 4 protes