The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1882-04-26
PORrEK's PLEA.

Eftz John Porter Again Appeals to tie
President For a RemissiOn or the sen
tenee of the Court Martial.
WAsEINeToN, April 2l-At Cabinet
meeting Today FItz John Porter was again
under consultation on a new petit from
General Porter for relief from the sentence
of the Court Martial The petition was re-
ferred to the Secretary OF War. The letter
70 President Arthur is as follows:
MoGBBTowN, J.. J.. April L.
To the President:
SIR have the honor to acknowledge the re
ceipt, through the Secretary of az nncer date Ct
the 18th inst. of your decision upon my appliea-
ton of December 2 lSSi TO aDaul and set aside
the findings and sentence of the Court Martial
restoration 20 my former Iank in the Army.
Your decision after the determination OF the
powers OF the President, as expressed in the
with the application coDtsiued in my letter is
not within your power" may have misunder-
stood the extent of the Constitutional power of
ly with the aid of the Senate, that which the
Board OF distinguished army officers had, In the
interest OF justice, recommended should be done,
but which you, concurring in the opinion Of the
Attorney General, inform ne you have now the
power only IN part TO perform, and that special
legislation by Congress is needed 10 complete the
Justice asked for. My application was based
upon the recommendation Of the Advisory Board
appointed by the President 10 examine into the
facts and TO report what action, in their opinion
justice required should be tsken by the Prcsi
Dent That BcaEd found and reparted. after a
long and patient examination and consideration
OF all the facts iG the case. thst my con
duet" "a all events of August 1862 INQUIRED
into by the Court Martial by which 1 was tries
was, in the light of full evidence that which was
then laid before the Court and also that which
was unatiainable at the time of my trial, not
subject to criticism. much less deserving of cen
sure OF condemnation. and was obedient, subor-
dinate faithful and judicious. IL saved the Union
Amy from disaster on the 29th of August, and
the Advisory Board recommend that, in their
opinion justice required at his hands such action
as may be necessary TO aDnul and set aside the
findings and sentence of the Court Martial in the
case of Major General Fiz John Porter, aud to re-
store him 10 the position of which that sentence
defeated him. such restoration to take effect from
the date of 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 fact:
upon which he D was adjudged guilty. and that
II was not possible that any Court Martial should
have condemned such conduct If IL had been
correctly understood. land believing am en- titled
20 the complete and just vincication recommend
ed by the Board, and that the sentence OF the
Court Martial, subsequently proven by over
whelming and irrefrsgi6le testimony 10 have
been palpably erroneous in its basis of assumed
facts, and utterly destructive of the happiness and
welfare Of an officer who has never failed in toe
strictest ,ad most honorable fidelity 10 his Gov
ernment, should be a bay.ser 10 the relief q
which consider myself entiI1ed.
again renew 10 You as as Chief Magistrate N
appeal for relief Conscious Of entire innocence
have not ceased from the nour of the pr0mulga
iion OF the sentence of the Court Martial persist
entity to protest against the terrible in justice done
me ana have stTiven in every proper mode. TO Sc
cure my vindieaiion, ell OF which the public
records now bs fore you will fully establish.
now respectfully and most earnestly ask that yoI
viii grant remission of that portion Of the sen
tence of the Court Martial which remains unex
ecuted and carry into effect the recommend dation
of the Advisory Board. 30 far as the same lie
within your constituted power and transmit th'
result OF yoer action, together With the finding
the Board To Congress coupled with SUE b recon-
mendation in the premises you may deem jus
and proper. Very respectfully yours,
pOPTEP