The Middlebury register and Addison County journal. [volume] (Middlebury, Vt.) 1883-1885, 1884-07-11
FlTz JOHN PORTER
Veto Of the Bill for His Relief by
the President.
The House Passes the Bill Over Mr..
Arthur's Veto.


Following is he full text of President Ar
thurs veto of the bill for the relief of General
Fitz Jobn portor.
m - =, "
10 me mouse OF representatives.
After careful consideration of the bill enti-
J ued can Act for tbo Relief of Fit John Por- !
1i.t, -, "a IA, ,,... l,,io,ti,,,
o", iO'i'ii iVOui II ~ "ion NY OoJ00'ioA
| to the House of Congress in which it origi-
| nated Its enactinp clause is l., the terms fol-
| l,,,,i,,,r
ma tc IreS''ent oe anu i, IL ie'e9s au.n3rneu
ocnt of ,he snnatey o S annon Fitz Iobn Pottnr
| iota a oiorgcm"rot Tutnd states vsnntoars sX
brevct brigadicr. general and colonel in the armyto
the position Of colonel in the army Of the United
states of the same grade held by him at the time OF
ms dismissal rom lhG army 9y sentence oil court
idrt', ,,'t & - t' III o,oo
~ - pm .i,ao .li9 III ne
aiaT ~ W., meM Sl t J,', %
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| Gifi tio,,,ri. -, ~ - ~, 80 ,,-;tb ,o,.
| La,. o-ra,tor ,,,.ocisio,, ~ stotan,ont tbot II
hi 49, o'oV - 90 - ~ iiti, .Lnt tho
. - - H. ~ ~ -, 80
In ~ 20 ~ -. W ~ I'll
~, ,, a., q $3.50 w. -, ~ i,,i, ~,
ociot h, tho iosIat,.o banch If tho
' ~ o',v - ~ ny
r. ] IN w., ',lo i,y ~ IL tit
- - t 55;,, ~ 81 ~ it 49, e; -
,,,t io,fii, $500 ~, tio ,'i pniio+ ti
IT. of oni11i,,n4t;mqr o,,1 o,,,a;nt;nor 20
otiiSe INV narticuiaT individnol Of its
o,,,n eaioction tbis Iii If ~ CON
g,iri,- ho const,,,od os ,,oni,i,.nl, tbo proe;
nt +n n,oIn t%o n",,;notin, al Ny h, ond
itb +bo clio o,,d l.o,snt'+ Of fho Sa,o}o tha
b;b - ,,th0rzos i; i ,Io NJ
~ ,-ioIat;,,,, af tho C,onet;t,t;,, If s,,ob
hn NOT n inst INTERPRETATION II must he
,ooarJod oS n ,,,oro onoct,na,,t of od,,;co
anTG cH,,nsnI which iacls in tba x,erv nature
81 tlin1rs flo fnrca Of nooeiti,,o l,,v and com
serve M ,,seful ,,nrnosn ON tba stot,,te hoolss
Tho a tla,. a,,ss ti,ot 5otor mo fcn,,
;,-;, tl,iS Iii 40 eancti,, of ~, o,1,1rn,,oi
frbo iI,drn,ant Of tho court martial nv which
,,,n,,S tI9n fwentv ,-earc since Gnncrol Kit
In, pnrtor ,yoe fr11d ond cnn,.ictod Ivas nro
n,,,,,cod IN, a trA,unaI cn,nnosod Of npino
onaral Gtnicors Of dietin,,,iebad cher
actor AMI ability lie invastiootion
, IF tbe cboroos Of yrbicL IL fonn3 tba
ooo,,sad ,rl;itT ,,os +boroi,rb ond conec;er1
tions on1 lis fndings and sentence were in
duo cnurec If law a rnrovrd NV Abraham lin
coin tben Prcsidnnt of tbe JTnited States
IL ioroI co,nnntnnrv tie inr;sdiction of Tho
accrs7J md If tbn snhiects Of tbe accusation
H., s,,tstontial ,n),ia,3t,, Of al lie ,rocood
;ir , ,iott,,9 MIN bora ,1o,lor hoon
hr7,i,c,ht in question Its Indictment there
f. - d,l i''1 ,l,,i,, ~ re cLaro,ctn,,
The ,Inrrmn co,1i.t Of the Tinted State, has
,aran+lv darlarad thot a conrt martial sl1rh
Ne tbis ,yos ,is tho or,anisn nro,yided Inv
io,, a,J cIotbaJ With tRe duty of admins
tnrinr ilsticn in This class Of caser Its
nd whom nnnroVa1 on tbp
! SSon5e Los:s and are SURROUNDED Inv the same
ronsidnrotions which rive commissioners ia
| tho iull,rmnu+s ~ otber tribunals incl.,dine-
rs IyaIl fine lowest as tbe highest II
follows Accordingly that when n lawfully
,,stit+1 c,,,t t7,3rtioI hoe d,II,, daaIorad H.
fnJin%s md It's sentence thc same have been
dulv annroved neither the President nor the
(,ntIrrt.is has onv mower to set them aside
The existence of siirh mower is NOT onenIv as
serted nor psrhops is it necessarily implied
me: but when its enactinr clauses are read in
fine lipht of the rpcitals of its preamble il will
be seen that if seeks in eject the practical an
!. nu,ment of the findings and sentence of n
competent court martial
. a conclusion Mt variance with these find
iurs has been reached after investigation by a
board consisting of three officers Of the al nv
This board was not created in pursuance Of
any statutory authority, and was powerless
to compel the attendance of witnesses or to
r pronounce a Judgment which could be law
, fully enforced. The officers who composed it,
! i'm their report to the secretary of war. dated
| March 10. 1879, state that in their opinion;
Justice requires = = such action as may
be necessary to annul and set aside the find,
: ines and sentence of the court martial in the
case of Maior-Genera Fitz John Porter, and
to restore him to the positions of which their
sentence deprived him, such restoration to
take effect from the date of his dismissal from
= the service.n
| The provisions of the bill now under consid-
| Grafton are avowe,llv based on the assumption
that the findings Of the court martial have
been discovered to be erroneous But it will
be borne in mind that the investigation which
is claimed to have resulted in this discovery
, was made many veals after the event 10
which these findings related. and under cir,
clmstances that made it impossible to re.
. produce tue evidence on which they were
} based
1t seems to me that the proposed legislation
yv0uld establish n dangerous precedent. calcu-
] lifted to ilnperil in no small measure the bind.
inc force and effect of the judgments of va
I ri6us tribunals established under our Consti
tuition and laws.