New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1884-07-03
THE PORTER BILL. VETOED
THE HOUSE PASSES IT OVER THE VETO.
YITTIE OR NO LIKELIHOOD THAT THE SENATE Will
, FOLLOW sUIT-THE VETO MEsSA"t
iRY TIRE TRIHUNEl


the President by vote of l6S to rs, the necessary
two.thirds majority. Tomorrow the measure VIII
csne nm for consideration in the Senate ana 1ali W
s.cure tbe reouislte number of votes. ms VIII
osaI its fate at least at this session. Inc Ne'o
messsg ge was sent to the House late IN the al'er'
noon Early in the morning 1t was known "oou'
the Capitol that the President intended 10 veto 'o
hill. II therefore did not create nuch surprise
when # was delivered to and read IN the House
The bill. it was known. had been made
the subject of discussion at se'eI".
Cabinet meetings of late. 1t was finally diScuSSeu
Yesterday The whole Cabinet with the eAcep'io"'
perhaps. of Secretary Freinghuysen are unuer-
stood 10 have opposed the measure, and he oniy
supported the claims of Fitz John Porter IL Is sal
because he was in certain measure townsman 81
his coming from the same State. OF all the uncoiF-
promising opponents of Porter Secretary Chandler
Is said 70 have been the most decided lie Is cred
tied with having supplied the point upon whicn inc
President bases mis- objection to the bill andto nave
prepared the draft of the message
THE MESSAGE IN THE HOUSE.
The reading of the message IN the iiouSe was
listened to with great attention. AlinoSteNei9 ino'"
Der was in his seat and perfect quiet reigncu
Democrats looked glun and downcast. On the he-
pnblican side feeling of satisfaction seemed 10
prevail. The message Is as follows:
To THE House OF REPRESENTATIVES,; Al'er V"oi"
consideration of the bill, entitled an act "for 'h0
relief OF Fitz John Porter" herewith return WIN S
objection. to the House OF Congress, IN whlch II
ornated Its enactng is in the terms following:
That The President be- and is hereby authollZed "
nominate anG by and with the advice ana consent VI '
Senate TO appoint Fz Joan Porter late MAYOR
United states Volunteers and Brove Brig@der-"encrd
and Colonel il the Amy the position of Colonel III lhe
army OF the United states, OF the same graoe neu ny
him AT the time OF his dismissal from the Army py
sentence of court martial promulgated January z"
1868" etc. 1t IL apparent that shouo TINS o'i w
come a law, 1t will create new once WHICH eau Oo
filed by the appointment of the particular individual
whom it specifies and cannot be filed Otherwise of
NAV he SAID with perhaps greater precision oi state
ncnt that 1t Will new office on cohdi'ioh ina
the p.rtcr person designated snail he chosen TO Hi IT,
Such IN act to Is either unhecessdI! an"
ineffective, o II involves an encrOacAhent u! '"0
legislative brauch OF the Government ON the aulhoc
Of tne Executive As Congress has power under the
Constitution To nominate ana apOnt an oiuooi % an nf
Rot lawfully impose ON the fresiuonl lHe uu! - IL
nominating and appointing To Office any psruc9!dI M he
ydual of its selectiOu, tins Dill, II IL can IaUy po
construed as requiring the President 10 III axe Tue
ton and by and with the advice ana Gonson VI '"U ip
Senate, the appointment which IL aulhoilLes' ~ ~
manifest violation of The COnstltatlOn III such pe nov
u> Interpretation, it NUT he regarded rs mere enact
advice and counsel which acS IN tne very nature @
OF things the force OF positive law ana cdu seINo o u
1u purpose on the statute booas
TIE JUDGMENT FINAL AND CoNCLUsINE
bill the sanction of my approval The Judgment OF
the court martial by which, more than twenty years
slnce General John Porter tried and convicted
WAS pronounced by tribunal composed OF nine general
officers of distinguished character and ability Its H.
yeseaon of the charges OF which il found the accused
guilty. was thorough and CONSCIENTIOUS ana tS hhuinRe
aud sentence in due course 0f law aiproNenu! u!
Abraham Lincoln, then PreSldtht Ol tuc OnltCu ~
It, legal competency its jurisdiction OF the accuseu anu
Of the subjects of tne accis ltion the suostsnli%
arty ali proceedings, are matters Whch nave hNe
been brought in question It's Judgment therefore, Is nS
The saoreme court Of the United has recently
declared that a cOurtnartla, such as t1ls was, Is
the organism provided by law and clothed with
the Cuty OF administering justice in this GLASS
cases. It's judgments. when approved, rest on ine
same basis and are surrounded by the same consider
atons hch give cOnclusiveness TO the judgments OF
oiher tribunals including well the lowest as tue hlg
,itused court martial has duly declared its findings and
its sentence, and the same have been duiy approved,
set them aside The existence such power is not openly
asserted, perhaps is it necessarily implied IN the pro
visions bill wucn IL before me out when lts enact
e viii he seen ina, il seeRs in effect the practical
anument OF the findings and sentence or competent
SQUIRT martial
INCOMPETENCY OF THE SECOND BOARD.
A conclusion at variance with these findings has been
reached after investigation by board consisting Of three
officers OF the Army This board not created III pur
of any statutory authority and was powerle's to
compel the attendance Of witnesses or to pronounce
judgment which could be lawfully enforced The officers
vino composed it, III report the Secretary OF war
dated March 49, 1879 state tAa III ,ne oRUn 2 ncs
70 snna and set aside the bindings and of the
court martial in the OF MUor-jcneral f1tZ Johu
POI ter and hin 10 the positions OF which Their
sentence deprived him such restoration to take eect
wee" The provisions OF ine,vodin tne mll na.eG now
under consideration are a,owcoy cor, nasal
have been discovered TO be erroneous. But II Will be
have resulted IN this discovery made many years
after the event 70 which these hndlngs related ana
evidence
that the proposed legislation would establish dangerous
bndng force and effect of the Judgments of various
bunsls establish ned under our Constitution and laws
THE PARDONING POWER ALREADY USED.
have already in the exercise OF The pardonng power
With which the President is vested, RENTED the
continuing penalty that made 1t impossible
for Fitz John Porter to hold Office Of trust profit
der the Government of the United states But am un,
practically anBu set naught the solemn and de-
iberae conclusions OF the tribunal by which he con-
examined and approved CHEsTIK a. AKTnGR,
Erecuttre NdnSOh july 2, 1854
As soon as the clerk had finished the reading OF
the message there was applause the Republican
side, which the Speaker instantly checked. In a
voice clearly denoting nervousness and excitement
General SOcum moved that the bIll be put on Its
passage, the veto of the President to
the contrary Notwithstanding. parlia-
meutary squabbe ensued, in which a
number of members attempted to get the floor
al one and the same time The greatest con-
fusion prevailed. Ii was in vain that the Speaker
raped for order and tired to make himself heard
above the din of persistent Brgadlers After con
siderable ply scal effort by the Speaker in pound
ing the desk in front of him, something like order
was restored and the points raised-all of which
were of little impOrtance-were disposed of.
PASSED OVER THE VETO
vote was taken then on the question
Of the passage of the bll, which resulted
IN 16s yeas and rs nays. The announce
uent of the result was met with wild howl
of satisfaction on the Democratic side. the
equal of which is not often heard in the hall Of
Representatives. Some e1-Rebels stamped the