The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1882-04-22
FELEGRAPHIC NEWS
FITz.JOHN PORTER.
He Again Asks Arthur for JUS
RERA.

GAOOo
Washington, 21.-The letter of
Fitz-John Porter to President Ar
thur is as follows:
MoRRIsTowN, n. j.,
April II, 1882.
The President, Washington:
Si7:-I have the honor to &C
knowledge the receipt, through the
secretary of war, under date of the
10Th inst, of your decision upon MY
application Of December Esd, 1881, to
annul and set aside the findings and
sentence of the court martial in my
case, and to nominate me to the
Senate for restoration to my former
rank in the army. Your decision,
after determination of the powers
of the President, as expressed in the
opinion of the encouragement, is
that compliance with the application
contained in my letter, is not within
your powers" l may have misun-
derst0od the extent of the constitu-
tional power of the President, when
I asked you to do directly, with the
aid of the Senate, that which the
board of distinguished army officers
had, in the interest of justice, re-
commended should be done, but
which you, cOncurring in the
opinion of the attorney-general, in
form me you have no power, only in
part, to perform and that special
legislation by Congress is needed to
complete the justice asked for, as my
application was based upon the
recommendation Of the advisory
board appointed by the President
to Examine into the facts"
and to report what action,
in their opinion, justice required
should be taken by the President.
That board found and reported,
after a long and patient examina-
ton and consideration Of all the
facts in the case, that my conduct"
in all the events Of August, 1862. in
quired into by the court martial, By
which l was tried, was, "in the light
of full evidence which was then laid
before court, and also that which
was unattainable at the time of my
trial, was not subject to criticism,
much less deserving censure or con
demEation, and was Obedient, sub
ordinate, faithful and judicious. 1t
saved the Union army from disaster
29th, and the advisory board
recommended that, in their opinion,
justice required at his (the Presi-
dent's) 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-General
FitZ John Porter, and to restore him
to the position of which that SEN
tence deprived him, such report and
restoration to take effect from the
date of dismissal from service.
also, upon the clear and
language Of said board,
'that all of the essential
facts, In every instance, stand
out in clear and absolute contrast to
those supposed facts upon which he
Cd was adjudged guilty, and that it
is not possible that any court mar
tial should have condemned such
conduct if it had been correctly
and believing l am en-
titled to the complete and just
recommended by the
board, and that the sentence of the
court martial subsequently proven
by overwhelming and irrefutable
testimony to have been palpabiy
erroneous in its basis Of assumed
facts, and utterly destructive
80 Tho Iop,oipoSC oy,d na1foro Of tho
officer who has never failed, in the
strictest and most honorable fidelity
to his government, should not be a
barrier to relief to which l consider
myself entitled. I again renew to
you, as chief magistrate, my appeal
for justice, conscious of my absolute
and entire innocence. l have not
ceased, from the hour Of the pro-
mitigation Of the sentence of the
courtmartial, persistently to protest
against the terrible injustice done
me, and have Striven in every pro-
per mode to secure my vindication,
all of which the public rec
ords now before you will eS-
tablish. / now respectfully
and most earnestly ask that you
will grant remission of that por :
ton of the sentence of the court
martial which remains unexecuted,
and cary into effect the Tecommen-
dation of the advisory board, so far
as the same lies within your consti-
tutlonal power, and transmit the
result of your action, together with
the findings of the board, to
Congress, coupled with such recon-
in the premises as you