St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1884-03-13
CONGRESSIONAL.
The Fitz John Porter Relief Bill Be-
ing Discussed in the Senate.
The House of Representatives wrestling with
the Postofice Appropriation Bill.
The Senate.

WASHINGTON, March 13.-The following bills
were reported favorably and placed on the calen-
dar:
| By Senator Hoar, from the committee on
claims an original bill, to provide for the ascer-
| tainment of the claims of American citizens for
| spoliations committed by the French prior to
July 31st..
| By Senator Harrison, from the committee on
military affairs, to authorize the extension OF
the Chesapeake & Ohio railroad to point on the
| military lands at Fortress Monroe.
By Senator Pugh, from the committee on edu-
cation and labor, to establish educational fund,
and to apply portion Of the proceeds OF the
public lands to public education, and provide Tor
| more complete endowment and for the support
of colleges for the advancement OF scientific and
| industrial education.
By Senator Morrill, from the committee on
| finance, with an amendment in the nature OF
substitute, bill authorizing the secretary OF
| the treasury to deliver to the rightful owners
contents of certain boxes deposited in the treas
ury department by the secretary OF war. THESE
are the boxes, whose contents, Butler said, when
introducing the bill, the property Of private
citizens and consisted of articles valuable prin-
| cipally as heirlooms.
The following bills were introduced and re-
ferred:
By Senator Edmunds, to establish forest
reservation at the head waters of the missouri
river and the head waters and Clark's fork of the
Columbia river.
By Senator Hill, to provide for the erection of
public building at Boulder, Colorado.
The senate took up for consideration the house
pleuro pneumonia bill. Senator Coke spoke
strongly against the BILL In its present shape,
as it included all communicable what
ever, which he said would place all cattle south
of Virginia at the mercy of the commissioner of
agriculture.
At 2 o'clock the pleuro peneumonia bill went
over and the senate took up the bill for the relief
of Fitz John Porter. Senator Sewell addressed
the senate on the bill. He spoke Of the privity of
Porter's motives, and defended him as man and
| a soldier.
Sentaor Wilson followed: 1t was not his pur-
pose to enter into discussion of the questions Of
| fact in this case. That which was plain to all
was order was issued to Porter by his COM
handing officer, which was not obeyed. There
were no theories we could advance, no human
nature views we might entertain, which could
disguise the fact that the question before the SEN
ate, as to the duty of military officer to
obey lawful orders The supporters Of the bill
did not claim that Porter obeyed the lawful or
ders of his superior officer. They merely advanced
a justification for his failure to obey. 1t was
clear, therefore, that duty Of obedience was in
| this case squarely confronted by discretion TO
| disobey whatever lawful order Porter received
| from Pope. 1t was his duty to obey, in the man
ner prescribed by the ninth article of war,
| 'strictly and with alacrity and good faith" The
penalty for not performing that duty was death,
or such other punishment as the court might
| impose. There had been here such disobedience
as might have been punished by DEATH Discre-
ton had no place in military law when the of
ficer or soldier received well-defned and lawful
command from his superior officer. If the SEN
ate passed this bill it should to be consistent,
repeal the ninth article of war. The order to
Porter had required him to start with
his whole corps at ! o'clock, and
to be at his assigned station by day
light Did that mean if he should see fit not to
obey orders it did not matter? II Gen. Pope had
issued such an order he would be laughed at. It.
would be like issuing an order and saying, 1.-THE
major general directs you to start at clock to-
night but, of course this is left entirely to your
own discretion You must be here by daylight,
but in this respect, also, you are expected by me
to use your own discretion. You can determine,
in your discretion, whether you be here at that
time, or later, or at ALL How could COM
handing officer go into an engagement with this
sort of discretion in every officer under him? If
congress proposed that this sort of discretion
should exist it should teach the West Point ca
diets new doctrine of discretion, instead of the
old law of obedience. II congress desired to in
vite widespread INSTRUMENTATION in the army it
had only to pass this bill. After an executive
session the senate adjourned.