National Republican. (Washington City (D.C.)) 1872-1888, 1884-01-28
FITZ-JOHN PORTER'S CASE.
The Debate Upon Gen. SlOcumS Bill Con-
tnued on Saturday.
Able Speeches Against Restoration by
Messrs. Thomas and Hou.
Congress Has No Power TO Reverse the Decision Of
the 0ourt-Martial.
The Evidence Reviewed and His Sentence
Shown 60 lie just.
THE HOUSE,

Mr.. Thomas, of Illinois, spoke for an hour In
opposition to the bill He said We are admon.
ishcd here by the friends Of Fitz.John Porter and
of this bill that 1t is not properly political qucs
ton, and that political considerations ould not
enter into It. grant you that that ought TO be
true; that in theory 1t is true, while iu practice
this has been, and is day one Of the most prom
inent political questions that has come before the
American people since the close Of the rebel
1ion-
Mr.. Rosecrans. True.
Mr.. Thomas. And It is made expressly so by the
friends and followers Of FitzJohn Porter.
MIR. Rosecrans. No.
Mr.. Thomas. All the gentlenan's exclamation
of mo" proves nothing. Look at the history of
the past; look ut the history OF the present. Fol.
low up the political lives and convictions of the
men, with few individual exceptions, who sup.
port Fitz-John Porter and this bill. aud see what
their political Affiliations were and have always
been. say that IL we put our feet on the constl-
tuition of our country, turn our backs upon the
legally constituted authorities, and determine in
spite Of the constitution itself in spite of our form
of government, TO invade the province of the
judicial department of this vove rnment then
say we should free ourselves from ,all political
bias, assume that we can properly and legtimately
investigate the question, and then act on II as
judges and no. as politicians
In the first place, then, deny the right Of con-
gress, under tie constitution to investigate this
case or to pass upon It al all and this attempt to
override the decision of Q of the constitutional
solute violation of the constitution of the United
States.
We have three coordinate branches of govern
ment-the legislative, the executive and the jul
dical II is for congress to enact laws for the
courts TO pass upon their constutionality and
punish the violations thereof: and for the execu-
tive to execute the law MS 1t is enacted and de-
clared.
But we are gravely informed here by one gen.
ueman advocating the passage of this bill that
courts martial are not courts in any proper sense
that they are not mentioned in the constitution as
part OF the judicial system of the United States
Let us see whether that is true; for the gentle.
mans statement, If 1t goes uncontradicted. will
that is true; and, In order that we may reach the
matter properly let us go TO the constitution ITSELF
read from article 3:
THE judicial power of the United States shall
be vested In one supreme court, and in such infe.
rior courts as the congress may from time to time
ordain and establish.
Article 8. No person shall be held 10 answer
for a capital, or otherwise infamous crime unless
on presentment or indictment OF grand
forces. or in the militia when In actual service in
time of war or public danger"
Then congress has the right to establish inferior
courts. 1t has the right under tile law to estnb.
lsh courts martial by statute, and courts martial
are authorized by the articleso of war. which have
the force and effect Of statutes
Now, courts have been established and couts-
martial have been authorized under the constitu.
tion by congress aud have existed from the begin.
ming Of the government. Fi;z.John Porter was an
officer ~ the United States army, and was charged
with violating the articles OF war, in being guilty
mands of his superior officer. Those charges were
preferred against him, and he was brought before
was fully, fairly. and justly tried
and convicted. and in compliance with the
laws of the United Safes the finding OF that
war and approved by him. Aye, more than that;
it. was examined as the law requi;ed-for it Is
always the presumption of law that an officer
charged with the performance of a duty discharges
that duty Abraham Lincoln, president Of the
nsS s% d S by G II
tired as the constitution and law required 1t
should be. II had reached a final resting place,
had been rounded and completed by that CO.
ordinate branch Of the government TO which it
belonged.
Uniten states III terms expressly prohibits the en-
actment of ex post facto laws, It must at least in
principle prohibit congress from passing retro.
active laws having the effect of annulling the de-
clsion of case by n coordinate branch of the
government equally powerful with itself. On that
ground, therefore, protest aT Ar, S The proposed
Now, what are the admitted facts In this case?
For 1t is proper that we should have them all be-
ght or the wrong of the matter. First, there was
a war of the rebellion, aud during the war of the
Tg n a one ss , 81 tRs es ct the
1t is admitted on all hands that at the time in
question Maj. Gen. John Pope was properly and
legally in command of that army. II is admitted
that the fifth corps was II part Of the Army of
Virginia. and that fitzJehn Porter, then major
general of United State Volunteers, was in com.
nmnd of that corps. II is admitted on both sides
that Fitz.John Porter, then major general of
United States volunteers and while in comma nj
of the fifth army corps, was ordered by Maj. Gen.
John Pope, then i'll command of the Army OF
Virginia, to move his command at a certain time
and to be at u certain place mentioned in the or
der by n certain hour. 1t is further admitted that
Fitz-John Porter there and then failed TO comply
with that order. 1t is admitted that for this dsi.
bedience of orders and his conduct at the time
charges and specifications were filed against him
by party authorized by law to file such charges.
II is also admitted that general court mari il
o. erpu and convened by OrODnr IL.
tional authority to try Fitz'JOhn Porter OH the
charges AID spfcllicaliols then filed, Il Is fur
ther admitted that said court martial was a law
hl aud constitutional tribunal; that their pro-
ceedings were legal and constitutional. That
court. martial was comp, sed ut the following dis
linguished officers of the United States army
Maj, Gen. David Hunter, United states volunteers
president OF the court; Mai. Gen. Z. \, HitchcocR
United States vo unteers; Brig. Gen. Rufus King
United States volunteers; Brig. Gen. Is. NJ. Preutiss
United States volunteers Brig Gen. James b
ricketts,, United State volunteers Brig. Gen. Slus
Casey United States volunteers Brig. Gen. jane
A. Garfield, United states volunteer; Brig. Gen
\. p Bulo!d, United States volunteers Brig Gen
J. Y. ough, United States volunteers, and Col j
Holt, judge advocate general,
LII shown by the evidence taken before the court
martial, as well as by that take before the famous
Schoield commission, that FitzJoAn Porter wa
at The time Of the trial entirely satisfied with In,
personnel of the court rs is shown by MS own
FlaJohn Porter was full head by, and ably dc.
Tended before, the court martial, aS shown BY the
fact that the rial lasted ioryiive days. 1t Is al
mitled that the case was lul 3 examined both by
the see etary OF war, who approved tne finding
and verdict o. the court martial, and by the Presi
dent of the United States, who also approved IL
verdict ana findings Hnd that, too when all o.
the facts and circumstances OF the ease were fresl
IN their minds, aud when their official lungs wGr
full OF the very air by which the GnSe was sur
rounded. And THIS Is the ilrSt time, Mr., Char
ma, TINS morning is the lirSt time | nav
ever heard 1t questioned that the Presden
failed to examine or had not examined July tn,
case, and that statement come now MS second
hand evidence aud not rs evidence that would b.
considered in any court, anu has not strength,
lidity, or pungenry enOugl 10 oicrlurh thNt lG5a
presumption that on officer always discharges nj
lawful nd constitutional iuly.
Mr.. Thomas then annlyHlGd the testimony ii
the court martial nnl the excuses made by Gen
Porter und his friends for the disObpdiencs q
orders 10y Porter, saying that the neglect aud ~
fusal OF subordinate officer TO obey implicitly
the commands OF asuperlor nlicer IN The lace, .
the enemy is I'm iniractlon Of discipline ana
violation of military law. Friends OF Fit1Juul
Porter having admitted hat Gen. Pope,s orders
Porter were not obeyed, have they shown an
exercise of that proper legitimate discretion
claimed for Fit2 john Porter MS bulliceuL excuse
i claim that they have not.
In the course Of his remarks hc referred to tn
time when, in July 'Gl, before Atlanta, Gen
Logan had been superseded III command by
West Pointer, and asked:
Dill John A. Logan sulk in his tent? No, SIR
Mr.. BolfOrd. would like tn ask
Mr.. Thomas, decline to be- interrupted, Wi
tell you why Gen. Logan did not sui; in mis- ten
when another was placed IN command Over him
Twill tell yOu why he did not zen tul-ilndlu-
ouibbling, disloyA dispatches TO ano her officer
John A. Logan was volunteer soldier who On
tered the service TO endcayOr q save his GOuntr
from the hands of traitors, aud he was ready I
fight wherever he might be placed. Ahd this WI