New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1882-04-16
GENERAL P0RTEES DUPLICATION.

OPINION OF THE ATTORNhI-G GENERAL.
III PRESIDENT HAS NJ POWER - sET ASIDE 1Hr
SENTENCE OF TUE COURT-NARIIAL AND 10
NOMINATE HIN To THE SENATE FOX REsTcRA-
ton TO lis FORMER RANK.
NAsaINGroN. April 1.-THE President has in
formed General Fitz John Porter in answer to his
petition for relief from the sentence of the court-
martial that he can do nothing IA the case. it IS
entirely beyond his power. This action is based
upon an opinion BY Attorncy-GeneTal brewster
winch received tie unanimous concurrence Of the
Cabinet NJ its meeting Yesterday The opinion was
SEM TO General Porter today by Secretary Lincoln
with letter stating that the President had 10
authority to grant the application asked for. The
main points OF the Attorney Generals opinion arc
as follow:
Major General Fitz John Porter was in ls62-63 u-ed
and convicted 10y gene raj cour;a-ria AMI sentenced
10 be cash cred AID 20 be- forever disqualified from
ment OF the Un.ted staes" RE rroceclint aud sen-
lcnce Of the court were sub,aqa .nty, in regu-
lar course. laid before tIc frcsldsn-, Who,
Oh January ~ 1868. coniraed them.
General rorts Tor r. Il r t ' coT S'' i bard
ot Army officers to examine nn~ e'id"ncr and report
%,a ir reason. ior their concsonwiat action should
m board made repori to tire sceretary o. War
on March -. 1919 IN which it stated such
ton Was necessary a. woud aunul and set aside the
indnss a-d sentence IF the cour'-uar al aud rcsor,
nm. On Jane D., 1873, tn report ana pl0cee iin2s
ihcr" Ia since been 70 legislation by Congress on th"
subject Genc.ai Porter has. however, n cOruun'cl-
non dated ~ cinb-r -, ISL, renewed Wt application
10 'h Irc-dcut 10 anhu ana set n-ae me hhdl- ana
sentence OBJ tht court martial and t. nominate Lin 10
the senate tuI TeSiDrat t0 fi- rank u the Army.
OF the United -lts and therein proyiCc
lDf le creation OF coufi7ala Tor 'he triaI ~ nhtar
ai.ed 10 b. subsequent legislation were in force when
az H., ', ~ ne , al 80 i, ~,
conformity with tie law; that there 4a,h rrec-
uary IN the proc dag nor arY ecaiiy IN IT. sen
icc'.'hd INA ,it tiil f ':7 c4 ll'n o 'Ae i ' t'
ably To- law. Upon th- sta' o. fIcs Do may De- inquired:
ia, the IresdcAt power now to Vie" .t pr,ce,lhFs
~ tho court-lartal. and % arm ts sentence Unless
he possesses such Power II Is submitted tlat this mode
Of relief Is not available
Reference is then made to similar ap. lbations made
by Lieutenant Devlin ana Major Hove in 1s5f, and
others and the opinions Of AtorAeyG cueras Cushing,
Lcgare. Nelson anu Bales quoted 20 show that he
decision II the resident approving ine sentence is final
tn inquiry now uud animation Aa- oeyu resolved
in tie neg tive D. the deliberate decision o former
Administering, ~ apprari ~ Tue mr'' re- oI i-t f''-l
dent, jane .. 1879 suitle tO tOer. tire report
and proc ediGs Oh ano4Fd oI army "N.,ci ih' coz
wi bout power I'D the absence OF lcg lauOu. 10 act
noon the Iecoiimeleat"3s 81 tir report IurAtI
This u7iOn denial Of The cyl-f nee o. any pov-r
the PreslIent 10 -nlu and set a-l- l findings aId
the sentence o tlc 'II -l4aft4I AiH j. tnl4I' 40
great weight being TIE view nor only or The Pre- INT
himself, Dut presumably that o. nia cabinet, among
whose members ut" mon chnchi li tAt pO'-@i'h "i
the law. These op MONS II my frcCrcy-,O-. md Tie
supreme o, a-'' i '-'1 'tc on -, ~" ~
the sentence Of legally constitute: cOurt-nIaria ~
ease within it- jur-dc ion. h. been approved by hc
reviewing authority and carried lao execution. II can
no. aiterSlrG und.r tEe present skate OK the ia" De -
yised and -ct aside.
acrurdI -y boil tlaf the under consider I n,
the President has no power 10 review the preceding,
from this view thar tne President afford tho app-
4la sent nc IL .ol Ell Immediate dismissal IRON
the Army AMI disability 10 mold once t-ef'- Tie