The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1882-04-26

General Porter = still pressing his
case upon the attention Of the adminis-
tr.tion notwithstanding IT. evident dis
inclination to give It favorable consider-
alton. Not long ago be requested Pres
dent Arthur to refer his case to the SEN
ate and nominate him for restoration to
his former rank. This request was re-
ferred to the Attorney General for his
opinion as to the power Of the Execu-
tive in such case. That officer, in his
opinion, reviews the history Of the ease
and quotes from decisions Of the Gu
preme Court to show that trial BY .
court-martial in the. military. or naval
service takes the place Of trial by .
civil court, and that c0urt-martial has
the same power in such cases az that
possessed by civil court. He then dis
curses the question as to the power Of
the President to review the proceedings
after sentence has been passed and exc
Gated. He cites the case Of Lieutenant
Devlin in 1854, in which Attorney Gem
eral Cushing held that the Pres
ident in cases of court-nartial was
in the place Of court Of last
resort, and that like all courts Of last
resort, he could not review his own de-
cisions after sentence was executed.
Other similar cases are given. In re-
view of these decisions the Attorney
General holds that the President has
not power to review the sentence. He
points out that General Porter's SEN
tence consisted of two facts-dismissal
from the army and inability to hold Of:
flee under the United States govern
ment. He is of the opinion that the
President may exercise the partloning
power and relieve General Porter Of his
disability, but this would not, however,
permit him to nominate the General fol-
restoration to his former rank, as gener-
al officers must Ike selected from officers
in the army, and General Porter, II par.
doned, would simply lie q private citizen
and hence not eligible for appointment
to the army. Taking this view of the
matter the Attorney General comes to
the conclusion that General Porter can
he restored only by special legislation
by Congress. In this conclusion the
Cabinet cOncurre.l with the Attorney
General, and President Arthur has no.
titled the General of the fact, and that
he can do nothing far him.
But it seems General Porter is not
convinced by the reasonings Of the law
officer of the Government. He has
again brought his case to the notice Of
the President and his Excellency has
referred 1t to the Secretary Of War. II
ia likely it will rest there for awhile.
General Porter can obtain no redress OF
his wrongs in the present Congress.
Notwithstanding General Grants fl.
vorable report Of his review of the case
the bitter partisan feeling which actu.
ates the leaders Of the Republican party
IN the Senate shuts out all hope in that
quarter, for Porter is q Democrat. The
Administration can take to its lDOaOnl
the Mahoncs, Mosbys and Longstreeta
Of the defunct Ccnfederacy, but it has
no bowels Of compassion for Union
officer whom it has once condemned.
1t parlOns the Southern rebel but with.
holds justice from the Northern "sus.
pect." There is something radically
wrong in the administration Of justice
ut Washington when the words "n0
Democrat need apply" are so plainly
written over the doors Of its courts as
they appear to lie In the care of General
lr2H~s~~l~s> D1~ptHAh