Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1882-06-01
FITZ JOHN PORTER.
A Majority of the Military Committee Of
the Senate Report the SeweII
Bill for His
Restoration TO the Army, with the Rank
OF Colonel, to Date from the Day
OF His Dismissal.

WASHINGTON, May SI-The vote in the
Senate Military Committee to-day on the
question of fayorably reporting Sewell's bill
for the reliet of Fitz John Porter was as
followsI Ayes-Messrs. Sewell, Cockrill,
Maxey, Grover and Hampton; nays-Messrs.
Logan and Cameron (Pennsylvanial. Messrs
Harrison and Hawley were absent. Senator
Cameron Is known to agree with the con-
illusions OF a msjority of the committee.
General Logan expects his minority report
to be approved by Messrs. Hawley and Hsr-
rison, and says General Hawley has informed
him that he is in accord with its main prop
Osition. The majority report, which accom-
panies the bill for the relief OF Fitz John
Porter, recites the history of the case, the
court-martial and subsequent board review,
and alludes to the memorial OF General Por-
ter, heretofore published, which is made part
of the report and concludes as follows: The
action of President Arthur in renting the
unexpired portion of the sentence of General
Porter, based on a review of the findings of
the board, relieves. the present application of
General Porter for restoration to the army
from the objection that Congress would be
reversing the sentence of the court-martial.
Such is not the case. So much OF the
sentence as the President had the power
to act upon having been BY him RENTED.
1t now remains for Congress to perform that
act of Justice which the report of the board
language: Having thus given reasons for
our conclusions, We have the honor to report,
in accordance with the Presidents order,
that IN our opinion justice requires at our
hands such action may be necessary to
annul and set aside the findings and sentence
of the court-msrtial in the case of Major
General FIiz John Porter, and to restore
him to the position of which that sentence
deprived him, such restoration to take effect
| from the date OF his dismissal from the SER
vice" The committee are OF the opinion that
the report of said board exhausted the sub
iect and that Fitz John Porter should be, as
recommended by said board, restored TO the
service, and report the following bill for that
purpose.
WHEREAS, The Board of Army Officers convened
by the President of the United states by special
April r. 1879. TO examine into and report upon
the case of Fitz John Porter. late major-geneIal
adier-general and colonel of the army, having by
their report of March I9, 1879 stated that in their
opinion Justice requires at his 1.-THE Presidents
hands such action as may be necessary to annuI
and set aside the findings and sentence Of the
| court-martial in the case of Major-General F1tz
John Porter and TO restore him TO the positions of
| which that sentence deprived him, SUCH restora-
ton to take effect from the date Of dismissal from
the service" and, whereas, the PRESIDENT on the
18th day Of May, 1882, RENTED SO much OF the
| sentence of said court-martial remaining unex-
ecuted forever disqualified the said Fitz John
Porter from holding any office OF trust OF Pront
| therefore, that justice may be Gone the said Fitz
| John Porter and TO carry into effect the recon-
| mendation OF said board
Be enacted By the Senate and House OF Representa-
tires of The United States Of America in Congress assem-
bled. That the President be, and he is hereby au-
thorized to nominate and, by and with the advice
and consent of the Senate to appoint Fitz John
Porter late a enlargement of the United States
volunteers and a brevet brigadiergeneral and
colonel of the army to the position of colonel in
| the army of the United States of the same grade
and rank held by him at the time of his dismissal
| from the army by sentence of court-martial pro-
mulgated JanuaryZ7 1868, and, in HIS discretion.
to place him the retired list of the army Of
that grade the retired list being thereby increased
| in number to that extent; and all laws and parts
of laws in conflict here with suspended for this
purpose only provided that said Fitz John Porter
| shall receive no pay, compensation or allowance
whatever prior to his appointment under this act.