The Warner weekly sun. (Warner, Brown Co., Dakota [S.D.]) 1883-1885, 1884-07-11

LIEF Of Gen. Portar

lief Of Gen. Porter.
The president on Wednesday returned to tho
House the Fitz John Porter bin with his objec-
tons.
Attorney General Brewster had submitted to
the president in compliance with the latter's
request, a long and carefully prepared opinion
upon the bill for the restoration OF Fitz John
Poh1er TO the army, in which he expressed the
opinion that the bin is clearly unconstitutional
The President took the same view of the con-
stitutionality of the bill and said:
There are other causes that defer rae from
giving this bill the sanction Of my approval
The Judgment OF the court-martial, by which,
more than twenty years since. Gen. Fitz John
Porter was tried and convicted, was pronounced
by . tribunal composed OF mine general officers
OF distinguished character and ability. It's in
vestigation of the charges Of whieait found ac-
cused guilty was thorough and conscientious,
and its findings and sentence In due course Of
law approved by Abraham Lincoln, then presi-
dent OF the United States. Its legal competency,
its jurisdiction Of the accused and OF the subjects
all its proceedings are matters which have never
been brought in question. Its judgement there
fore, is final and conclusive in its character.
The supreme court of the United States has re-
Gently declared that a court martial such as
this was us the organism provided by law and
clothed with the duty of administering justice
in this class OF cases. It's judgments, when APP
proved, rest on the same basis, and are sur
rounded by the same considerations which give
conclusiveness to the judgments of other tribu-
nails, including as well the lowest as the high
est" 1t follows, accordingly, that when a law
fully constituted court martial has Guy de-
clared it's findings and It's sentence, and the
same have been duly approved, neither the
president nor congress has any power to set
them aside. The existence Of u a power
Is not openly asserted, nor, per-
haps, is il necessarily implied In the provisions
of the bill which is before me, but when It's
enacting clauses are read in the light of the re-
citals Gifts ~preambleit will be seen that it seeks
in effect the practical annulment OF the find
ings and sentence OF a competent court mar
tial. A conclusion at variance with these
findings has been reached after investigation
by a board consisting of three officers of the
army. This board was not created in pursuance
OF any statutory authority, and was powerless
to compel the attendance of Witnesses or to
pronounce Judgment which could be lawfully
exercised. The officers who composed 1t, In
their report to the secretary of war, dated
March 10, 1879, state that in their opin-
ion ~"iustice requires = \ = such action
as may be necessary to annul and set aside the
findings and sentence of the court martial in
the case Of Ma. Gen. Fitz John Porter, and to
restore him to the position of which their SEN
tence deprived him, such restoration to take
effect from the date of his dismissal from the
service. The proyisions of the bill now I'M
der consideration are ayowedly based on the
assumption that the findings OF the court mar
tial have been discovered to be erroneous. But
it will be borne in mind that the investigation
which is claimed to have resulted IN this dis
coyery was made many years after the
event TO which these findings related,
and under circumstances that made
it impossible to reproduce the evidence
on which they were based. 1t seems to
me that the proposed Legislation would estab-
lish a dangerous precedent, calculated to inn
peril in no small measure the binding force
and effect of judgments OF various tribunals
established under any constitution and laws.
/ have already, in the exercise O. the par
doning power with which the president is
vested, RENTED the continuing penalty that
made it impossible for FItz John Porter TO hold
an Office Of trust or profit under the govern
ment of the United States, but / am unwilling
to give my sanction to any Legislation which
shall practically annul and set at naught the
solemn and deliberate conclusions of the trib-
unal by which he was convicted, and of the presi-
dent by whom its findings were examined and
approved.
[Signedl CHESTER A. ARTHUR,
Executive Mansion, July 2, 1884
When the veto was read in the house, Gen.
Slocum then rose and asked if it was in order
to call for a vote on the passage Of the bill over
the presidents veto The speaker replied that
under the constitution he was required at once
to present the bill to the house for q vote upon
4 u sass . sas oSuss as s50ss
He then asked if the vote should be by yeas
and nays, when Mr.. Tucker and Gen. Keller
arose simultaneously and said that the consti-
tuition required that it should DO by yeas and
nays. The clerk then called the roll and the
vote proceeded with profound attention from
both sides. The bill received the constitutional
majority Of two-thirds 165 to rs.
The affirmative vote on the bills exactly tf-
teen less than that on the bill when it originally
passed the house. The negative vote is just
the same. Fifteen Republicans voted with the
Democrats, and the Democrats voted solidly
for the bill The fifteen Republicans were:
Messrs Bayne OF Pennsylvania, Belford Of
Colorado, Burleigh Of New York, Jeffords OF
Mississippi, Laird Of Nebraska, Long and Ly-
man of Massachusetts,, Phelps of New Jersey.
Ray Of New York, Rockwell Of Massachusetts,,
and, a. Herr Smith of Pennsylvania. Two
thirds majority was not obtained in the senate
and therefore Gen. Porter viii have to "wait .
lite longer.