Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1884-07-10
Veto Of the Fitz John Porter Bill.

Pre- sident Arthur has done an act of JUS
tice 10 every faithful soldier and sailor in
the late war. in vetoing, as he did last We'd
neslay the I'LL for the relief of Gen. Fitz
John Porter The following is the text Of
the Presidents message:
IT, the House Of Representatives. After
careful consideration of the bill, entitled an
act For relief of Fltz John Porter" here
with return il with nv objection. to the
House Of Congress. in which it originated
It's enaciing clause is in the terms following
That the President be, and is hereby su-
,hor!zed 10 nominate, and BY and with the
advice and consent Of the Senate. TO sp-
point Fitz John Porter. late Major-Gen-
eral United States Volunteers and Brevet
Brigad!er-General and Colonel in the Army,
= the position Of Colonel in the army of
the United States, Of the same grade held
b, him at the time Of his dismissal from the
Army by sentence of court martial promul-
gated January y. 1863" etc. etc. Ii is ap-
parent that should this bill become law, it
will create a new office which can be filed
By the appointment Of The particular indi-
v.dual whom It specifies. and cannot be filled
o.het Mise, or II NAV be said. with perhaps
gre ater precision OF statement, that il will
create a new office on condition that the
parl'cllar person designated shall be chosen
10 fill il. Such an act, as II seems TO me. il
either unnecessary and ineffective, or il in
wolves an encroachment by the Legislative
branch Of the Government on the authority
Of the Executive. As Congress has no
power under the Constitution 10 nominate
and appoint an officer, and can not lawfully
impose on the President the duty of nomi-
mating and appointing to Office any particu-
lar individual of its own selection, this bill,
+ it can fairly be construed as requiring the
President 10 make the nomination. and by
and with the advice and consent of the Sen
ate the appointment which it authorizes, is
in manifest violation Of the Constitution.
If such be not a Just Interpretation, it must
be regarded a mere enactment OF advice
and counsel, which lack in the very nature
Of things the force of positive law, and can
serve no useful purpose on the statute
books.
THE JUDGMENT FINAL AND CONCLUSIVE.
There are other causes that deter me from
giving this bill the sanction of nv approval.
The Judgment Of the court martial BY which
John Porter was tried and convicted, was
pronounced by tribunal composed of nine
general officers Of distinguished character
and ability. It, investigation of the charg-
es of which il found the accused guilty, was
thorough and conscientious, and It's findings
and sentence were in due course Of law ap-
proved by Abraham Lincoln, then President
of the United States. Its legal competency,
nf ,ba I'D afs -.
subjects Of the accusation, the substantial
regularity Of all its proceedings, are matters
which have never been brought in question.
Its Judgment, therefore, is final and conclu-
sive IN its character.
The Supreme Court Of the United States
has recently declared that a court-martial,
such as this was, as the organism provided
BY law and clothed with the duty of ad-
ministering justice in this class of cases.
Its judgments, when approved, rest on the
same basis and are surrounded BY the same
considerations which give conciusiveness 10
the judgments of other tribunals, including
as well the lowest as the highest" 1t follows
accordingly, that when lawfully constituted
court martial has duly declared its findings
and its sentence, and the same have been
duly approved. neither the President nor the
Congress has any power to set them aside.
The existence of such power is not openly
asserted, nor perhaps is it necessarily i'm
piled, in the provisions of the bill which is
before me. but when its enacting clauses are
read in the light of the recitals of its pre-
amble, il will be seen that it seeks in effect
the practical annulment of the findings and
sentence of competent court martial.
rScoNPFTFSCy OF THE SECOND RoARD-
A conclusion at variance with these find
ings has been reached after investigation by
board consisting of three officers of the
Army. This board was not created in pur-
suance of any statutory authority, and was
powerless to compel the attendance OF
witnesses or to pronounce Judgment which
could be lawfully enforced. The officers
who composed it, in their report to the Sec
retarv 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 findings and
sentence of the court martial in the case of
Maior-G General FItz John Porter, and to re-
store him to the positions of which their
sentence deprived him, such restoration to
take effect from the date of his dismissal
from the service" The provisions of the
hin now under consideration are avowedly
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