National Republican. (Washington City (D.C.)) 1872-1888, 1884-02-16
Tho Purpose OF the Fitz-John Porter
Bill.

Bill,
The only practical purpose which can be
subserved by the passage of the pending bill
for tho relief of Fitz.John Porter will be to
confer on him life annuity equal to the
salary attached to his former grade in tho
army on the retired list. 1t proposes that he
shall be reappointed to that rank, to be re-
tired with pay.
On what principle Of justice can congress
require the people of this country to pay to
Fitz-John Porter large annual salary dur
ing the rest of his life?
Ordinarily salaries arc paid TO officers of
the government as an equivalent for services
rendered. They are not intended to be in
tho nature of gifts, donations, or decorations.
And whenever the salary is in excess of tho
value of the service performed, to that
extent they are properly regarded as unjust
to the public. And when less than the value
of the service rendered, alike unjust to tho
officer. In tho case Of officers of the army
and navy of the United States the salaries
paid, as compared with salaries paid to
like officers by other governments are very
small--too small to enable recipients to lay
aside from year to year surplus to support
themselves and families during their de.
clining years. Hence, when they are retired
on account of age or disabilities incurred in
the public service their salaries are continued.
These salaries paid to retired officers are not
in tho nature of gifts or donations. The
money thus paid them was earned by the
recipients during the prior years of their
service, and withheld by the government for
this purpose, in pursuance OF contract en-
tered into by and between these officers and
the government when they entered the ser.
vice of their country.
But it is not expected that Fitz.John
Portcf, after the proposed rcappontment, will
perform any service in future as an equva-
lent for his salary. He is to DO Immediately
retired. Not on account of disability in
CURED in the military service, nor on &C.
count of age accrued during such service.
He is private citizen, and has been private
citizen during the last twenty years, al
liberty to pursue any private avocatiou and
lay up money to support himself during his
declining years, like any other private citi
zen. He has not, therefore, earned this pro.
posed life annuity by tho performance of
prior lifelong service for his country, aud he
is not expected and will not be required to
perform any such service in future. The
payment of such salary would be an une-
quivocal donation.
Private citizens, of course, have right to
make such donations out of their own
pockets. They may do as they choose with
their own money. But has congress the
right to compel the people to confer such
.gratuities? And if this right on the part of
congress should be conceded. why should
Fitz-John Porter be singled out from all the
other citizens of the country as the anomalous
recipient of such forced donation.
1t has been urged in justification of this
extraordinary proposition that his dismissal
from the army under disabilities, in pur.
suance of decision of court martial was I'M
just and ignominious, and that this disgrace
should be wiped out.
But SO far as it is possible for the govern
ment to do this it has already been done. In
pursuance of an expressed wish of congress
he is already the recipient of an executive
| pardon. And there is no other method
known to the constitution and laws for the
removal of the supposed odium attaching to
an unjust decision Of court. 1t is conceded
that congress is not an appellate court; that
it is destitute of power to review and re-
verse the decisions of court martial. The bill
does not in terms, propose to do so. The do
cision must stand. He is out of the army. He
cannot re-enter it unless the President should
choose to appoint him, by and with the advice
and consent of the senate. And there is no
be appointed. Hence, this bill proposes to
create one for his personal benefit, to which
he shall be appointed and Immediately retired
with the pay attached to that grade. In
other words, it proposes, in this roundabout
way, to donate to private citizen-Fitz.
John Porter by name--a life annuity. The
passage of the bill can have no other effect
1t is, therefore, fair to conclude that this is
its only purpose.