The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1884-07-05
PASSED OVER TIE VETO
FATE OF THE PORTER RELIEF BILL.
President Arthur Returns the Measure to
Ne House Unsigned, and It IL lmme-
IT,. diateiy Passed Over the Veto
Other Capital Notes.

Ne House Unsigned, and It IL Imme-
IT, diateiy Passed Over the Veto
Other Capital Notes.
| THE PORTEK Bill. VETOED.
WASHINGTON, July 3.--When the Fitz
John Porter bill was sent to the President
tsu days ago. d number of gentlemen prom
inant In both parties believed that he would
sign it. General Slocum, of New York, and
Govsruor Curtin, Of Pennsylvania, called at
the White House last week, and after q
lengthy chat on the subject each came away
with the impression that the bill would
become Law. This feeling OF confidence
was shared BY nearly all the Democrats in
both Houses Of Congress. Scarcely five
minutes before the telegraph announced
the fact that the President had vetoed It
General Slocun assured General Clark, the
derk Of the House, that there was no
doubt Of its betng signed. 1t was about
half past three O'Clock when It became pos.
kivaly known that the bill would be TO-
turned with the Presidents objections. a
| When the clerk rosa 10 read the veto the
scene vas an Interesting one General
Slocun moved that the bill be again put on
It's passage with view to securing the
two thisd veto necessary to its pAs-
sage over the Presidents veto The
Ksodo0 was carried and the roli-can was
ordered, the voting proceeding quietly until
tho clerk announced the resuit-10S to rs
twelve more than was necessary. Then
followed scene of excitement such as has
aolAAsp, hAo1 swfnaSlo1 IN IA pnSav
chamber Of tho House. Seventeen Rspab-
Leans voted with the Democrats.
WASHINGTON, July 3.--AttOrDey- Cen
eeal Brewster, in his communication
to the President on the Fitz John
Porter bill, declares decidedly that the
action Of Congress Is unconstitutional. He
quotes the clauses Of tho constitution defin.
ing the powers of Congress and of the Pres
ident laying special emphasis upon Congress
sional rights in the'matter of creating and
maintaining the army. In conclusion he
takes the ground that the Porter act Is not
constitutional because 1t creates special
Office for q particular individual and names
tha individual, In doing which it not only
oversteps its authority but treats upon the
constitutional rights Of the President in the
matter OF appointments.
In his message to the House the Presi-
dent after cOncurring with the views of
Attorney General Brewster in regard to the
bill, says:
There are other causes that deter me from
giving this bill the sanction of my approval.
The Judgment of the court-martial by which,
more than twenty years SINCE General Fitz
John Porter was tried and convicted, was
pronounced by a tribunal composed of nine
general officers OF DISTINGUISHED character
of which 1t found the accused guilty was
thorough and conscientious and its findings
and sentence in due course of law were APP
proved by Abraham Lincoln, then President
Of the United States. Its legal competency.
its jurisdiction of the accused and of the sub.
jects of accusation, and the substantial regu-
larity Of all its proceedings, are matters
which have never been brought in question.
Its Judgment therefore, is final and conclu-
sive in its character. The Supreme Court of
the United States has recently declared that
q courtmartial, such as this was, 'is the or
ganism provided by law and clothed with the
duty of administering justice In this class OF
cases. Its judgments, when approved. rest
same considerations which give conclusive
ness to the judgments of other tribunals, In.
Guiding as we'll the lowest as the highest"
1t follows, accordingly, that when q lawfully
its finding and its sentence, and the same
have been duly approved. neither he Presi- |
dent nor Congress has any power toset them
IMPLIED in the provisions Of the biIwhiCh Is
before me, but when its enacting clluses are
read in s the light Of rti hse Of Its pssmos
effect practical annullment of the
findings and sentence, OF ompetent
courtmartial. conclusion at Variance
with these findings has been reache'after in
vestigation by a board consstinsOf three
officers of the army. This boardwas not
created In pursuance of any statutoI suthor-
fly. and was powerless to compel IL attend
m nf DrDnOlIncCa i1dU.
ment which could be lawfully enfor,d. The
officers who composed 1t, in their rep~t to the
Secretary Of War, state that in theiDpinion
justice requires such action as iay be
necessary to annul and set aside the ndings
and sentence of the eourtmartial in ie case
of Major-General Fiz John Porr. and
which their sentence deprived him"
The provisions of the bill now unT con-
sideration are avowedy based on the stump
ton that the Bindings OF the courtartial
have been discovered to be erroneous. But IL
will be borne in mind that the investation
which Is claimed to have resulted In is dis
covcry was made many years after thevent
70 which these findings related, and unT cir
cumstances that made it impossible tO,pro-
duce the evidence on which they werelsed.
1t seems to me that the propose leg
isiation would, establish dangerot pre-
cedent, calculated to imperial no ,
small measure the binding fore and
effect of judgments of the various trlnas
established under our Constitution anlaws.
| {
ing power with which the President is.sted,
rcnlitted the continuing penalty that ade 1t
impossible for Fitz. John Porter to nolan Of
fcc Of trust or profit under the Govement. {
But am unwilling to give my sanction any :
legislation which shall practically ann and
set at naught the solemn and deliberr con- !
illusions OF the tribunal by which he con- |
yicted and of the President by whom find H
ings were examined and approved. &
Whether the bill will receive thoeces- /
sary two thirds vote in the Senate tmake r
1t a law is question that may be awered 7
to-day. The general impression is at the {
effort will be defeated, but Govern Cur il
tin said last night that the frien6f the /,
measure would be able to carry it rough h
successfully. v
COMBINATIONS. a
The Senate has confirmed the towing: /.
Watson c. Squire, OF Washington 'errito- "
ry Governor of Washington 1itory; Il
Gilbert A. Pierce, of Chicago, Gov. e
ernor of Dakota; Henry S. al, Of S
Ohio, Solicitor of the TreaSul John Il
7. Hull, Of Mississippi, Reser of S
Public Moneys at Jackson, Miss. Samuel
A. Losch, Of Pennsylvania, Setary OF
New Mexico Territory; David ?. Pride,
Of Idaho, Secretary of Idaho rrtory; :,
Jesse w. George, Washington rritory, @