The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1884-07-05
THE FITZ-JOHN PORTER BILL

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even if he did not get Democratic in
dorSCmeut.
THE FITZ-JOHN PORTER BILL.
The President Vetoes it and Gives Ills
Reasons for the Action.
The President on "Wednesday returned
to the House. without his appucyal, tie
bill for the relief of Fitz John Porter.
In his veto message he says that after
careful consideration of the bill entitled
an act, for tue relief of Fitz John Por-
ter | herewith return it with my Oh
jections to the House of Congress in
which it originated. It's cnacting clause
is in the terms following: That the
President be, and he is hereby author
lied to nominate. and by and with the
advice and consent of the Senate to ar-
point Fitz John Porter, late major
general United States volunteers and
brevet brigadier general and colonel in
the army, to the position of colonel in
the army of the United States of the
same grade held by him at the time Of
his dismissal from the army by sentence
of court martial promulgated January
~, 1863 &c, &c.
1T is apparent that should this bill
become 4 law it will create new Office
which can be filled by the appointment
Of the particular individual whom it
specifies, and cannot be filled other
wise or, it may be said, with perhaps
greater precision of statement, that it
will create a new Office on condition that
the particular person designated shall! be
chosen to fill it. Such an act, as It
seems to me, is either unnecessary and
Ineffective. or it involves Az encroach-
ment by the Legislative branch of the
government on the authority of the Ex-
ecutivc. AS Congress has no power I'M
der the constitution to nominate and APP
point an officer, and cannot lawfully i'm
pose on the President the duty OF nom
mating and appointing to Office any par
ticular individual of its own selection,
this bill, if it can fairly be construed as
requiring the President to make the NOM
nation, and by and with the advice and
consent of the Senate, the appointment
which it authorizes is i'll manifest viola
ton of the constitution. If such be not
its just Interpretation it must be regard
ed as Il mere enactment Of advice and
counsel, which lacks in the very nature
of things the force of positive law and
can serve no useful purpose on the statute
books
The President adds that there are otl-
er causes which deter him from approx
ing the bill lie thinks the investigation
of the court martial which convicted
Porter was thorough and conscientious,
and its Judgment was final and conclu-
sive, and refers to the recent decision of
the Supreme Court of the United States
sustaining the conclusivencss of the
judgments of couits-martial properly
const itutcd. 1t follows from this that
neither the President nor Congress has
any power to SCI such judgments aside.
which the President thinks is the prac-
teal effect of the Porter bill. Referring
three army officers recommending the
amendment of the Judgment of the court
martial, the President says that the i'll
vestigations of this board were made
many years afte. the event to which the
findings of the court-martial related and
under circumstances that made il i'm
possible te-rcproducc the evidence on
which they were based. The bill, he
thinks, would establish Il dangerous pre-
cedent, calculated to weaken the force of
the judgments of properly constituted
tribunals.
The Presidents message, as far AS 1t
relates to the legal aspects Of the ease, is
based upon the opinion submitted to him
by Attorney General Brewster. The
Attorney--Gencral reviews the case
at length, and argues that the decision of
the court-martial which found Porter
guilty was iinalty in law and in fact,
and cannot be rcveased, as the bill in ci-
feet processes to do. He contends that
the bill is merely in the nature of advice.
and therefore imperative if it simply
authorizes the appointment of Porter to
the position of colonel, ana that it is a
usurpation of power aud unconstitutional
if it means to command his appointment
imperativcly. lie also points out that
Congress undertakes by the bill to create
an office only upon condition that it is
to be filled by a particular individual,
thus interfering with the constitutional
rights of the President an the Senate
i'll the matter of appointments.