The Bad Lands cow boy. [volume] (Little Missouri, Dakota [i.e. N.D.]) 1884-1886, 1884-07-10
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Ehe rrssident vstossi the Mi Tor the Re-
lief Of Gem Porter.
The 3presidento on Wednesday returned to the
House the Fitz John Porter bill with bis objec-
ssRS58s8Ss ~ VT
Attorney General Brewster had submitted to
the president ID compliance with the ~latter's
request, d long and carefully prepared opinion
siuponthe bill for the restoration2of Fitz John
Porter to the army, n fwhich he expressed the
opinion that the bill is clearly unconstitutional.
The President took the same view Of the con-
stituionality Of the bill and said: r
There are other causes that defer me from
giving this hill&th 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 Tribunal composed Of nine general officers
3of distinguished character and ability. Its in
vestigation.o OF tho charges OF which it found &C
jcuseds guilty Was thorough and conscientious,
law approved byAbrahamI Lincoln, then presi-
dent Of the United States. It's legal competency,
its Jurisdiction of the accused and Of the subjects
all approaching are matters which have never
been brought in question. It's udgement there
fore, is final and conclusive in It's character.
The supreme court Of the United States has re-
Gently declared that q court martial such as
this was ssis 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
ounde BY the same considerations whichgive
5conclusiyeness to the judgments Of other tribu-
mails including asSWell the: lowest as the high
est@kGIt Follows, accordingly, that: when q law
fully constituted court martial has duly de-
sclared its findings and its sentence, and the
same have been duly approved, neither the
them aside. The existence of such o power
is not openly asserted, nor, per-
haps is it necessarily mpliedin the provisions
OF the bill which is before me-; but when it's
enacting clauses are read in the light Of the re-
in effect the. practical annulment Of the find
inggsiand sentence Oft competent court mar
tal.a conclusion at variance with these
findings has been reached after Investigation
b . board consisting of three officers Of the
army. This boardwas not created in pursuanc
Of any statutory authority, and was powerless
to compel the attendance OF witnesses ;or.4to
pronounce Judgment which could be lawfully
exercised The officers who composed il, In
their report to the secretary Of war, dated
5 aafea ai ia J as1 fsou s1sss thss: !. i sasir s sRin
as maybe necessary to annnl and set abide the
findings and3fsentence Of the cour martial in
the cassSof MAJ. Gen. Fitz John Porter, and to
restore him to the position Of which their SEN
fence deprived him snch restoration to take
effect from the date Of his dismissal from the
service, The provisions Of the bill now I'M
der consideration are aYowedly. based on the
assumption that the findings Of the court mar.
tial have been discovered to bayerroneous. But
1T will DO borne in mind thai: the investigation
which is claimed to hnvetresulted in this dis.
coyery was made many years after the
event 10 which these - hndingsl related,
and under circumstance that made
1T impossible to reproduce the evidence
n which they were based It;seems5 to
lish q. dangerous precedent, calculated to. i'm
peril in no small measure the binding force
and effect of judgments Of various tribunals
Established under augmentation and laws.
e nave already, in the exercise of the par
doningg; power with which the president i
vested, remittsd the continuing penalty that
made ft impossiblefo Fftz John Porter to hold
an Office Of trust or profit under the govern
ment Of the United States, but am;unwilling
70 give my sanction to- any legislationi which
I shall practically annul9 and setat naughtthe
solemn and5deliberate conclusions Of the trib-
{ unalb by which he was conyicted,a and Of the presi-
dent bywhomS its findings were examined and
approyed. 81
ISigned,l CHEsTER a ARTHUR
E When tSs Msa ed%ss yq asgS q Is house. a..
-sE-SyI = AAkkA0 AAO01CS G0Okls
Slocum then rose and asked if it was In order
to call for. q vote onthe passage Of this bill over
the presidents veto The speaker replied that
under the constitution he was required at once
to present the: bill totthe house for 8 vote upon
~, unless the 60 house CHOSE
to take some other action
He then saskedif heyot should be by yeas
nays, when Mr. Tucker and Gen. Refer
arose simultaneously and said that: the consi-
tuition required that 5it should be bySyeas and
nays The clerk then called the roll n The
vote proceeded with profound attention from
both des.sSSIh bill receiYedt the constitutional
majority d twoEthirds 16Sto nj $5
Affirmative vote on the bill istexacfly Hf.
teen less thnn that onthe billWheni it originally
passed the house, hessnegative vote Is Just
the same fifteen epubicanHsyote with the
Democrats, and the Democrats voted solidly
\ for the bils SsTheSf fifteen Republicans were:
Messrs Baynes o Pennsylvania, Belfnrd Of
Colorado Bnrleigh of New York, Jeffords Of
Mississippi, Laird Of Nebraska, long and Iy-
man of Massachusetts Phelps Of New Jersey,
sPolando Vermont Rnnneyo Of Massachusetts,
Ray Of New York, Rockwell OF Massa chnsetts,
and, A. Herr Smith of Pennsylvania Two.
thirds majority was not obtained in the senate
and therefore Gen Porter viii have to! wait
lite longeranss.s3ss 8s