The National tribune., 1882-06-10
FITZ JOHN PORTER.
Senator SeweIls Bill TO Restore Him TO the Army.
Majority and Minority Reports.

Senator SeweIls Bill to Restore Him 70 the Army.
Majority and Minority Reports.
The bill reported to the Senate by Mr.. Sew
ell, of New Jersey, from the Senate Committee
on Military Affairs, for the relief of Fitz john
Porter, authorizes his appointment to the posi-
ton of colonel in the army, with the same
grade and rank held by him at the time of dis
missal from the army, provided that he shall
receive no pay, compensation, or allowance
whatsoever for the time intervening between
his disna ssaI from service and his appoint
ment under this act
The majority report which accompanies the
bill rcctes the history of the case the court
martial and subsequent Board of Review, and
alludcs to the memorial of General Porter,
which is made part of the report, and con-
ciudes as follows:
"The action of President Arthur in remitting
the unexpircd portion of the sentence of Gen
eral Porter, based upon q review of the find
ings of the Board, relieves the present applica-
ton Of General Porter for restoration to the
army from the objection that Congress would
be revising the sentence of sthe court-martial.
Such is not now the case. So much Of the SEN
tenco as the President had the power to act
upon having been by him remitted, ii now
mains for Congress to perform that act of JUS
tice which the report of the Board emphatically
recommends in the following language:
"'Having thus given the reasons for our con-
clusions we have the honor to report, in accord
ance with the Presidents order, that in our
opinion justice requires at his 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-Gen. Fitz John Porter, and to re-
store him to the position Of which that sentence
deprived him, such restoration to take effect
from the date Of his dismissal from service
"The committee are of the opinion that the
report of said Board exhausted the subject, and
that Fitz John Porter should be, as recon-
mended by said Board, restored to the service,
and report the bill for that purpose"
The recital of the history of the case" con-
tanned in the majority report presented by
Senator Sewell) is merely formal statement
of its legal history, briefly setting forth moth
ing more than the fact Of the appointment of
the court martial; the sentence imposed and
its approval; the creation and recommends
tions of the Board of Review, and the recent
remission by President Arthur of the continu-
ing portion of the original sentence.
The minority report submitted by Senator
Logan, quotes at the outset the full text of tho
orders convening the court-martal which tried
General Porter in 1926 their findings, SEN
tcncc, and approval of President Lincoln, dated
January 21, 1863.
The report says:
"This general court martial, according to the
decisions of the highest court of record in the
United States was as valid as a judicial tribu-
nal for the trial of causes within its compe-
Fitz John Porter was within the jurisdiction
of this court. He appeared and was satisfied
with the composition of the court martial, and
declared that he had no objection to any mem
Der of the court. Nine general officers sat in
that trial under obligation of special OATH
prescribed by statute to well and truly try
and determine, according to evidence, and to
administer Justice" men of higher character
never before composed court for trial of any
man charged with offence against the laws
of his country or the rules and articles of wsr
Their position and responsibility were largely
different from those of a board of gentlemen
assembled to hear cx parte statements, clothed
with no legal authority and with no RESPONSE
bility."
Considerable space is then devoted to a re-
view of the report of the Board of Review,
composed of Generals Schofield, Terry, and
Getty, appointed by President Hayes in 1873
to examine new evidence relating to General
Porters