The Dickinson press., 1884-07-12
IRA Joar roaTzn.
xhs President vstoss the mn for the Re-
lief OF Gen. Porter.

xhs President vstoss the 1fll for the Re-
lief Of Gen. Porter.
The president on Wednesday returned to the
House the Fitz John Porter bill with his obiec-
tons.
Attorney General Brewster had submitted to
the president in compliance with the latter's
request, q long and carefully prepared opinion
upont the bill for the restoration of Fitz John
Porter to the army, in which he expressed the
opinion p ion that the bill is clearly unconstitutional.
stitutonality of the bill and said:
There are other causes that defer me 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 a tribunal composed of nine general officers
of distinguished character and ability. Its in
vestigation of the charges of which it found ac-
cusea guilty was thorough and conscientious,
laws approved by Abraham Lincoln, then presi-
dentof 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 q court martial such as
this was Sis the organism provided by law and
clothed with the duty of administering justice
in this class of cases. Its judgments, when ap-
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 we'll the lowest as the high
est" 1t follows, accordingly, that whena law
fully constituted court martial has duly de-
clared its findings and Its sentence, and the
same have been duly approved, neither the
president nor congress has any power to set
them aside. The existence of such a power
is not openly, asserted, nor, per-
haps, is it necessarily impliedin the provisions
enacting clauses are read in h elight of the re-
citals ofits preamblei it will be seen that it seeks
in effect the practical annulment of the find
ings and sentence of a competent court mar
tal. A conclusion ct 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 tho attendance of witnesses or to
pronounce Judgment which could be lawfully
their report to the secretary of war, dated
March 49,. 1879, state that in their opin-
ion ssjustice requires X X n such action
as may be necessary to annul and set aside the
findings and sentence of the court martial in
the case of Maj. 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 provisions Of the bill now I'M
der consideration are avowelly. based OH the
assumption that the findings of the court mar
tial have been discovered to be erroneous. Bw
it will be borne in mind that the investigation
which is claimed to have resulted IN this dis.
covery was made many years after the
event to which these findings, related
it impossible to reproduce the evidence
on which they We're based. 1t seems to
me that the proposed Legislation would estab.
lish a dangerous precedent, calculated to I'M
peril in no small measure the binding force
established under any constitution and laws.
I have already, in the exercise of the par
doning power with which tho president is
vested, RENTED the continuing penalty that
made it impossible for Fltz John Porter to hold
an office of trust or profit under the govern
ment of the United States, but l 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 it's findings were examined and
approved.
ISigned,l CHESTER A. ARTHUR,
Executive Mansion, July 2, 1884.
When the veto was read in the house, Gcn
Slocum then rose and asked if it was IN order
to call for a vote on the passage of the bill ovel
the presidents veto The speaker replied tia
under the constitution he was required at ono
to present the bill to the house for a vote upol
ii, unless the house chose
to AXE some other action.
and nays, when Mr.. Tucker and Gen. Kcifc,
arose simultaneously and said that the consti
tuition required that it should be by yeas ant
nays. The clerk then called the roll and tn
vote proceeded with profound attention from
both sides. The bill received the constitutions
majority of two-thirds 1GS to IS.
The affirmative vote on the bill is exactly fit
teen less than that on the bill when it original,
passed the house. The negative vote is jus
the same. Fifteen Republicans voted with tn
Democrats, and the Democrats voted solidl,
for the bill. The fifteen Republicans were
Messfs Bayne of Pennsylvania, Bedford o
Colorado, Burleigh Of New York, Jeffords o
Mississippi, Laird of Nebraska, Long and Ly
man of Massachusetts, Phelps of New Jersey
Poland of Vermont, Ranney of Massachusetts
Ray of New York, Rockwell of Massachusetts
and, A. Herr Smith of Pennsylvania. Two
thirds majority was not obtained i'll the senat
and therefore Gen, Porter will have to "wait
lite longer"