The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-03-13
PROCEEDINGS OF CONGRESS-.
THE SENATE.
Routine BusIness-Brief Discussion of the
Fitz John Porter Bill.

Fitz John Porter Bill
WAsHNGToN, March 12-Mr. Jackson sub
mitted joint resolution providing for sub
mission to the States of constitutional amend
ment making the presidential term six years,
and making Presidents ineligible to reelection.
Referred to the committee on the Judiciary.
The following bills were reported favorably.
and placed on the calendar;
By Mr.. Hoar from the committee on claims
An original bill to provide for ascertainment of
claims of American citizens for spoliations com
mitted by the French prior to July 81, 1911
By Mr.. Harrison, from the committee on mill
tary affairs: To authorize an extension of the
Chesapeake 65 Ohio railway to a point on the
military lands of Fortress Monroe.
By MIR. Pugh, from the committee on educa-
ton and labor To establish an educational
fund, and apply portion of the proceeds of the
sales OF public lands to public education, and to
provide for more complete endowment and
support of colleges for the advancement of sci
entific and industrial education.
BY Mr. Morrill, from tho committee on
finance: bill with an amendment in the ma
ture of substitute, authorizing the Secretary Of
the Treasury to deliver to the riehtful owners
the contents of certain boxes deposited in the
Treasury Department by the Secretary of War.
These are boxes whose contents, Mr.. Butler
said when introducing the bill, were the prop
| crty of private citizens and consist of articles
! valuable principally as heirlooms.
| The following bills were introduced and re
/ ferred:
By Mr.. Edmunds: To establish forest reser-
walton at the head waters of the Missouri river
| and at the headwaters of Clark's fork and Co.
! lumbia river.
| BY Mr.. Hill To provide for the erection of
public building at Boulder, Colorado.
| On motion of Mr.. Miller, of.New York, the
To h
| pleuro pneumonia bill.
| Mr.. Coke spoke strongly against the bill in its
| present shape, as it included all communicable
diseases whatever, which would place all cattle
| south of Virginia at the mercy of the Commits
| sioner of Agriculture.
! At 2 o'clock the pleuro pneumonia bill went
! over, and the Senate took up the bill for the
/ lief of Fitz John Porter, and Mr. Sewell
addressed the Senate He spoke of the purity
of Porters motives, and defended him as a man
! and as a soldier.
| Mr.. Wilson followed. 1t was not his pur-
pose he said, to enter into a discussion of cues
| tions of fact IN this case. That which plain
| to all that an order was issued to Porter, by
| his commanding officer which was not obcyed.
! There We're no theories we could advance-no
| humanitarian views we could entertain-which
could disguise the fact that the question before
! the Senate was the duty Of mill
| tary officer to obey lawful orders The
| supporters of the bill did not claim tat Porter
! had obeyed the lawful orders OF his superior
I oIncefS; they merely advanced luStlncdton Tor
! failure to obey II was clear, therefore, that the
! duty of obedience was, in this case, squarely
| confronted by discretion to dsobey Whatever
| lawful order Porter received from Pope it was
! his duty to obey in the manner prescribed by the
article of war, Strictly, and with alacrity, and
! good faith" The penalty for not performing
/ that duty was death, or such other punishment
| as court might agree upon. There had been
! here such disobedience as might have been
| punished with death Discretion had no place in
military law when officer or soldier received a
well-defned, lawful command from his superior
| officer If the Senate passed this bin it should
\ to be consistent repeal the ninth article of war
| The order to Porter had required him to start
| with his whole corps at o'clock and be at his
assigned station by daylight Did that mean
that if he fit not to obey, it did not Innttor2
| If Gen. Pope had issued such an order he would
| be laughed at. 1t would be like his issuing an
order saying '"The Majorgeneral directs you
to start at l o'clock tonight but, of course
! this is left entirely to your own discretion
! You must be here by daylight,
! but in this respect yon are
also expected by me to exercise your own dis
erection. You can determine, i'll your discretion
whether you shall be here at that timer
| later-or at all How could commanding
officer go into an engagement with this sort of
discretion in every officer under himR If Con
gress proposed that this sort of discretion should
exist, it should teach West Point cadets the
new doctrine of discretion, instead of the old one
Of obedience. If Congress desired to invite
widespread INSTRUMENTATION in the army, it had
only to pass this bill.
After executive session, the Senate adjourned