National Republican., 1884-02-26
FITZ-JOHN PORTER.
Judge Holt Makes an Explanation Of His Con-
neCtOn With the Trial.
somo Interpretations OF Gen. slocum
ON the Subject Set Right.

The following communication from Hon.
Joseph Holt, who was the judge advocate of
the Fitz-John Porter court-martial, explains
itself:
wAsHINGToN, Feb. 25 1ssi--To THE Ed
IToR OF The NATIONAL REPUBLIcAN-Sir!
Being withdrawn from public life, am not q
constant OF careful reader Of the debates in
congress, and hence the speech OF Gen.
Slocum, delivered in the house of representa-
tives on the nineteenth Of January in ad'
yocacy Of the bill for tho relief of Gen. Fitz-
John Porter, escaped my notice Having
read it within few days, at the suggestion
of friend, / find certain passages which can
scarcely fail to make an erroneous impression
to my prejudice, and upon which, therefore, II
would seem to be proper, II not incumbent
upon me, to submit few observations.
Gen. Slocum said: LET mo remind tho
gentleman that Judge Holt, who was ap-
pointed the prosecuting attorney in this case,
had never been in military life until ho was
made judge advocate to prosecute this very
man." This is a mistake. / had been sin
military life'--that is, had held tho Office
Of judge advocate of the army-for
approaching three months before l was
detailed or appointed" as q judge advocate
for tho trial Of Gen. Porter. My commission
as judge advocate of the army, which con-
ferred the Office upon me without Limitation
and charged me with all its duties then ox-
isting or thereafter to arise, bore date second
September, 1862 while the order convening
the court-martial for tho trial of Gen. Porter,
and which detailed me as the judge advocate,
was not issued until the twenty-6fth of No
vember thereafter. While Gen. Slocum
evidently intended censuro by these words.
the ground Of it is by no means clear If
his object was to complain Of my having
been detailed to try the case Of Gen. Porter
alone, the complaint must have been
prompted by misapprehension. The court
martial was organized and convened, as
appears by the very terms of the order, for
the trial Of Gen. Porter only, and hence the
members of the court including the judge
advocate, were detailed in accordance with
the order for that trial only This was strictly
formal and in obedience to the law and usage
on the subject. There was nothing eXcep-
tional or irregular in my being thus detailed
while holding tho office OF judge advocate Of
the army. l was detailed in the same man
ner for the trial of the assassins Of President
Lincoln, and these are not the only cases in
which 1 performed similar duties under the
law and the orders of my superior officers.
Gen. Slocum further said: IF the theory is,
as has been suggested by the gentleman, that
the Judge advocate has nothing to do,
would like TO know why Judge Holt was
appointed to try this one case, and 'chy he got
on the retired list of the army as a general for
trying the case, and stays there to this day as
ageneral." This is certainly extraordinary
language. 1t seems to proceed upon the
assumption I0AU L0O reUlTCuIGuU OF u lulllldTy
officer is boon or reward which tho Pres-
dent, in his discretion and at his will, may
bestow, for services worthy, in his
Judgment, ofsuch recognition. Nothing could
be more at variance with the view which has
heretofore prevailed. The whole subject of
the retirement of military officers is con-
troled by positive law, and the President, in
issuing an order of retirement, is simply the
agent and organ of that law, and governed
III his action by its conditions and limita-
tions. In the class of cases now under con-
sideration no question is raised as to special
services performed or not performed but the
inquiry is whether the party has arrived at
the age required by the statute. II, however,
my retirement was, AS insisted, recompense
for the service referred to, Gen. Slocum will
admit that it was slow in reaching its desti.
nation, since nearly tlUelUe gears aud Werer
months of unceasng and most responsible o0icid
labor on nly part elapsed after the conclusion OF
the trial before the retirement took place, and
when it did occur, the order for 10 Das issued by
Gen. Grant, then President of the United States
Is Gen. Slocum to be understood as holding
that this retirement was conferred upon me
as q reward for the prosecution of Gen. Porter
by Gen. Grant, now openly supporting his
pending application for restoration to the
army? 1t seems scarcely credible, and yet
this is the effect necessarily of the words
"He got on the retired list of the
army for trying the case" The fact is that
the order retiring me took no account oi
special or other services rendered, but rested
solely on the legal basis that | had reached
and passed the age fixed by law for the pur
pose and the order had no more connection
with the trial of Gen. Porter than it had with
the deluge 1t may be added generally thai
military officers are not retired as n personal
favor to them, and the act, instead of being
welcomed, is by many of them greatly de
plored. They are presumed to be retired
wholly in the interests of the service to which
ha m af
established by law for the purpose of giving
to that service its greatest possible efficiency
No small amount OF ill-consdered criticism
has been expended upon my bearing anc
action in connection with the trial of Gen
Porter. How | performed my duty on tha
occasion--a duty neither solicited nor desired
but which was imposed upon me by law anC
the order Of my superior ofiicer-will fully
appear by the words Of the only witness t.
whom shall refer-Gen. Porter himself. Ii
the elaborate argument in his defense, which
was signed by him and read with emphasis
and fervor to the court by his counsel, ant
which will be found In the printed recort
of the trial, he said, in speaking o
myself: "Your eminent official law advise
WhO has conducted the prosecution cdlmL
and fdrly, so far as on him depended, bil
,Dith the UigtaHco and energy Which his dut
demanded, himself in the recent past, wher
momentous events hinged on the great swa,
which in his high post he bore. has trustee
me, and has felt that his trust was in no wis
betrayed" To appreciate Alright the fore
of this frank and honorable testimony, /
must be borne in mind that Gen. Porter wa
present during the whole of the trial, ant
personally observant of what was said an(
Done by me, 30 that mis- statement as quoted
is a declaration, not merely OF an opinion, bu
of a fact as WE'LL which was within his com
plete personal knowledge. The lovers o
truth and justice will hardly hesitate t
accept this most trustworthy evidence as
sufficient reply to the hoedless cavils of thos
who were not present at the trial, who ar
uninformed as to its incidents, and who, t
this day, remain profoundly ignorant of tn
spirit in which its proceedings were con
Quoted.
My subsequent review Of tho record of tn
trial was made in the discharge of a dut.
enjoined by law on the oitiCe Of judge adyo
cate of the army, which l held, and tn
obligation of this duty was supplemented b.
awrtten requirement of tho review from IN
by President Lincoln himself, J. Holt.