St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-07-03
Inc Ere. nt,s Ycto Messaee.


WAsuNGroN, Jdly 2.-The president this
afternoon returned the Fitz John Porter bill
to congress with his objections. He takes
the same view rs the attorney general re-
gardiug the unconsttutionality of the bill,
and says;
There are other causes that deter me from
giving this hill 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 u tribunal composed of nine
general officers of distinguished character
and ability. It's investigation of the charges
of which it found the accused guilty, was
thorough and conscientious, and its
findings and sentence in due
course Of law was approved by
Abraham Lincoln, then president of the
United States. Its legal competency; its
jurisdiction of the accused and of the subjects
of accusation, and the substantial regular
ity of all its proceedings are matters which
have never been brought in question. It's
Judgment, therefore, is final and conclusive
i'm its character. The supreme court of the
United States has recently declared that a
court MARTIAL such rs this was, sis the or
gaujzalion provided by law and clothed with
the duty of administering justice in this class
OF cases. Its judgements, when approved,
rest ON the same basis aud are surrounded
by the same considerations which give con
cusiycucss to judgements of other tribunals
including as well the lowest as the highest
10 follows accordingly that when
a lawfully constituted court martial has duly
declared its findings and its sentence, and
the law has been duly approved, neither the
president nor congress- has the power to set
them aside The existence of such power
is not openly asserted, nor perhaps is it
necessarily implied in the provisions of the
biu which is before me, but when its enact
ing clauses are read in the light of the recital
of Us preamble, it will be seen that il seeks,
I'm effect, practical aunulmeut of the find
ings and sentence of a competent court mar
tml Acoucusion ut variance with these
findings has been reached after an investi-
CATION by board consisting Of three officers
ol the army. This board
was not created in pursuance
of amy statutory authority and was poweress
L. compel the attendance of witnesses, or 10
pronounce Judgment which could be law
fully exercised. The officers who composed
IT, In their report to the secretary OF war,
dated March 10, 1879, state that in their
opinion "ustcc requires such
action MS may hc necessary 10 auuul and set
aside the findings and sentence OF the court
martial In the case of Major General Fitz
John Porter, and 10 rcsore him to the posi-
uuus of which their sentence deprived him,
such restoration 70 take effect from
the date OF his dismissal from ser
vice" The provisions OF the bill now
under consideration are avowedly based on
the assumption that the findings Of the court
martial have been discovered 20 bcerroneous.
But it will bc borne in mind that the ipvesti-
CATION which is claimed TO have resulted in
this discovery was made years after the event
90 which these findings related, and under
circumstances that made il impossible 10 re
produce the evidence on which they were
based. IL seems to me that the proposed
legislation would establish dangerous pre-
cedcnt, calculated to imperl in
ne small measure the binding force
and of the judgments of the various tribunals
established under our constitution and laws.
l have already in exercise OF the pardouiug
power with which the president is vested, re
United the continuing penalty that made II
impossible for Fiz John Porter 70 hold an
office Ok trust in the United States, but | am
unwilling 20 give my sanction 10 any iegisla-
ton which shall practically aunul and set az
usuqht the solemn and deliberate conclusion
OF tie tribunal by which he Was convicted,