The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-01-19

granted by the President-that on the 5th
day of September, 1862, Mr.. Lincoln
issued an order converting such a court and his
order was buried in pigeon hole in the War De
partment, and no man outside of that depart
ment ever knew of the existence of such an or
der until it was brought to light by the West
Point board in 1878.
1.-THE act of Congress of May 80 1890 declares
that when charges are preferred by general
commanding an army, against officer of his
command, the court shall be ordered by the
President. 1t did not suit the purposes Of those
seeking the destruction of Porter to have the
members of the court selected by Abraham Lin
coin, but it did suit their purpose to have them
selected by General Halleck Resort was had to
most transparent and contemplate sllbterfuge
The charges were preferred by member of
Popes staff, and by this device the wise and Just
law of 1880 was sought to be evaded, and the Sc
lection of the court taken from the hands of the
President. But claim that in this case the act
of the staff officer was the act of his commander
and that General Halleck had no more right to
order this court than had the Speaker Of this
House. The court that tried Fitz John Porter.
was illegal from its inception. During the prog
ess of the trial the following order was read in
open court:
"'WAR DEPARTMENT.
"'WAsHINGToN CITY, ID. O., june 5, 1868
"'Maior- general Hunter, President, etc
"'General-The state of the service imperative y de-
mands that the proceedings in the court over which
you presiding having been pending more
than four weeks should be brought to close without
unnecessary delay. You are, therefore, directed to
sit without regard to hours, and close your proceed
ings speedily may be consistent with justice and
the public service. Yours truly,
EDWIN NJ. STANTON, Secretary Of War
Frequently during the trial important ques-
tons as to the admission or rejection of evidence
arose. and on each occasion the accused and his
counsel were ordered from the room and the
prosecuting attorney left closeted with the court
"And. finally, as if to make the contrast be
tween methods of trial in civil and military t1i-
bunals the more glazing. one Of the members Of
been on trial for his conduct on this very occa-
sOn-steps down from his seat judge,
gives the most damaging evidence
against the accused, and then resumes
his seat as judge to pass upon his
own evidence. BY such process as this. a SEN
tence was inflicted upon one Of the most gallant
officers of our army-more terrible and harder to
bear than death itself.
I'm deciding this question I ask members to
divest themselves of political prejudice. There
is nothing of political nature involved in it. 1t
is a remarkable fact that those most opposed to
this bill are gentlemen who have never served
with General Porter and have no personal ac-
quaintance with him. If had never met him l
believe that. as a soldier, l should be deeply
anxious to wipe this stain from military an
nails But have known him for more than
thirty years. He was my instructor at West
Point. j served with him in every battle fought
by the Army of the Potomac from the com
mencement of the war to the day Of his arrest.
| know he was as loyal to his country-as faith
full and intelligent in the discharge of his duty,
as l ever was and firmly believe if he merted
the terrible treatment to which he has been sub
jected deserved the same" ="
General Slocum's speech was warmly APP
plauded =. s...t ,.s.. Sd