The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-07-03
FITz; JOHN PORTER.
THE BILL rxoNzRATINa HIM
Vetoed by tho Presideat-Hou tho Veto was lie
csl'sd By the HouN-That Body Passss the
Bill Ovsr PnsidsEs Aythurs Objections
By . Vote Of los 10 IS.

BY Vote Of los 10 IS. y
| WASHINGTON, D. O., July 2.-The Pres
dent this afternoon returned the Filz.Joh
Porter bill to Congress with bis objection
de takes the same view as the Attorne
General regarding the nconstitutionalit
OF the bill, and says: "rhere are othe
causes that deter me from giving this bill
the sanction Of my approval. The judy
ment Of the court martial by which 1t va
made, more than twenty years sirce, Gen
Filz.John Porter was tried and convicted
was pronounced by tribunal composed o
nine general officers OF distinguished char
acter and ability. Its investigation
into the charges which 1t 1ount
the accused guilty was thorough ant
conscientious and its finding and sentence
IN due course OF law was approved by
Abraham Lincoln, then President of the
United States. Its legal competency, Ute
Jurisdiction Of the acotised and Of the sul,.
lscts Of accusation, the substantial regu.
larity Of all Its proceedings are matters
which have never. been brought in ques.
tion.. It's judgement therefore ia final and
conclusive in its character.
The Supreme Court Of the United States
has recently declared that court martial
such as this Was, sis the organism provided
by law and clothed with the duty OF ad.
m'nisteripg justice in this claRs Of casee. Its
ju 'gments when approved rests on the same
b sls and are surrounded by the same con-
s.delations which give conclusiveneas to
the Judgments Of other tribunals, including
as well the lowest as the highest"
=. THR POWER or COURT MARTIAL.
/, It follows accordingly that when law.
fully constituted court martial has duly
declared itH findings and its sentence and
the same been duly approved, neither the
President nor Congress has any power to
set them aside. The existence of such
power is not openly asserted, nor perhapo
is it necessarily applied in the. provisions
Of the bill which is before me, but when!
Its enactinR clauses are read in the light of
recitas OF its preamble, 1t will be seen that
It seeks in effect TO practically annul the
hndings and sentence OF the competeut
court martial. a"'s"'
A conclusion at variance with these
findings he3 been reached after investiga-
tion by board consisting Of three officers
OF the army. This board was not created
in pursuance OF any statutory authority,
and powerles1 to compel the attendance Of
a witness or to pronounce judgement
which could be lawfully enforced. The
officers who compared i! in their report to
the Secretary OF War, dated March 10, 1879,
state that in their opinion ':jusllcs
requires such action as may be
necessary to annul and set
aside the findings and sentence
OF the court martial in the case Of
Major Gen. FiIz John Porter and re,tore
to the positions of which their sentence de-
prived him, such restoration to take etTsc.
from the date Of his dismiesal from service.
Provisions of the bill now under consider.
alton are avowedly based on the e7sump.
ton that the tiadings Of the court martial
have been discovered to be erroneous. :
5'''.. PAST ACTION IN THE CASE.
But it will be borne in mind that in the
investigation which is claimed to have re.
suited in this discovery was made many
years after the event to which these find.
ings related and under the circumstances
that made 1t impossible to reproduce evi.
dence on which they were based.
1t seems to me that the proposed legisla-
ton would establish dangerous precedent
calculated to imperil in no small MEASURE
binding force and effect the judgment OF
various tribunals established under our
Constitution and laws. have already in
exercise Of the pardoning power with
which the President is vested, remitted
continuing the penalty that made it
impossible for Fitz John Porter to
hold an Office Of trust or profit under the
Government Of the United States, but am
unwilling to give my sanction to any legis.
lation which shall practically annul and
set at nsught the solemn and deliberate
conclusion Of a tribunal by which he was
was convicted, and OF the President by
whom Its findings were examined and ap:
approved. .-a'f aR,sG ,i'5
FG;unaj rrn,urr~ A