Seattle daily post-intelligencer. [volume] (Seattle, W.T. [Wash.]) 1881-1888, 1884-07-03
WASHINGTON.
The Presidents vesees the I'm. Hon,
Porter Biii.

WAsHrsoTos, July 2.-The Presideu,
tns AFTERNOON returned the Fnz John
forter Dill 20 Congress with his obiec.
Hons he takes the same view as tbe
attorney General regarding the uncou.
stltutionality of she bill, aud saws:
mere are other causes that deter roe
from giving this bill the sanction of INV
approval. Tue judgment of tse cour,
martial oy which more than twenty
years since General Fitz John Porter
Was tried and convicted, was pro.
nounced by tribunal composed If nine
general officers of distinguished char
acter and ability. Its investigation of
tine c1ar2es OF which IL found the ae-
cused guilty vas thorouqI and eousei
eat ious, and its findings and sentence
IN the course OF law approved ~ Abra-
nam Lincoln, then President of the
United stats Its legal cotnuet-nev
us jurisdiction of the accused and suh-
lect OF accusation, the substantial reou-
Inr1ty OF Its proceedings are matters
wnicn nave never been brought in ouea-
tien. Its judgment. therefore. in IinaI
and conclusive IN its character. The
supreme Court of the United States has
recently declared that a court mar
tiai such as this was, il the
organ provided by Law and clothed with
the duty OF administering justice IN this
class oil cases It's Judgments, when ap
proved, rests on the same basis and are
surrounded by the same considerations
which give conclusivsRess 70 iudgme nts
OF other tribunals, including as we'll the
lowest as the highest" 1t follows. az
cordlnRly, that when a lawfully cons,i-
tuted eourt-r artial has duly declared
It's nndings and its sentence, and the
same have been daily approved, neither
Tue PRESIDENT nor Congress has any
power TO set them aside. The existence
~ such power Is not openly asserted.
nor, perhaps, 10 IL necessarily amplified
In the provisions of the bill which ia
before me, bat when its en- tcting clauses
are read In the light of the recitative
OF It's preamble IL will be seen that
IL seeks in effect a practical an
nuiment OF the findings and sen-
tence OF competent court-mar.
tlal. conclusion at variance with
these findings has been reached after
investigation by board. consisting of
three officers of the army. This board
WAS not created In pursuance of any
statutory authority, aud was powerlsss
to compel the abundance of witnesses.
or to pronounce judgment which could
be lawfully enforced. The officers who
composed II, In their report to the Sec.
rotary Of War, dated March 18th, 1879.
state that ia their opinion, ''justice re-
quires sach action as may be necessary
70 annal and set aside the findings aud
sentence of the court martial in the case
of Major General Fltz John Porter, and
to restore him to the position
OF which their sentence de
prived him, such restoration to
take effect from date of his dismis gal
from Office" The provisions of the
bill now under consideration are ayow-
eddy based on the assumption that the
finding OF the Court Martial had been
discovered to be erroneous. but 10 will
be borne in mind that the investiga-
ton which IL claimed to have resulted
IN this discovery was made many years
after the event to which these findings
related, and undsr circumstances that
made IL impossible to reproduce the
evidence on which they were based. Il
seems TO me the proposed legislation
would establish q dangerous precedent,
calculated to imperil In no small meas
ure the binding force and effect of the
various tribunals established under our
Consultation aud laws. | have already,
IN the exercise of the pardoning power
with which the President il vested, re-
mitted the continuing penalty that
made II impossible for Fitz John Porter
TO hold any office Of trust or profit un-
der the United States, bat 1 am un.
willing TO give my sanction 10 an action
which shall practically annul and SET at
uauRht the solemn and deliberate con
n Aa III -. l. - 4
WAS convicted. and of the President by
whom its findings were examined and
approved. CHESTER A. ARTHUR.
Executive Mansion. July 2, 1884.
The reading OF the veto was received
with applause on the Republican side
of the House, and Kisses ON the Demo
cratic side. The Speaker announced
that immediate action on the veto
would be In order.
General Slocum moved that the bill
be passed, the objection OF the Presi-
dent TO the contrary, notwithstanding,
and on this motion demanded the pre-
vious question.
Under the Constitution yea and nav
vote Is necessary, and it was taken. re-
sulting as follows: Yeas 1913, nays 70.
The announcement of the vote Was
kEcctGh WIN uVntAHQ0A UuotEttlk Nv
friends of the measure, aud with Misses
by its opponents. The Message will BE-
laid before the House tomorrow. Ad-
journed.
Uncanstttutional.
Attorney General Brewster submitted
to the President today. in compliance
with the latter's request, long and
carefully prepared opinion upon the bill
for restoration of Fitz John Porter to
the army, in which he expresses the
opinion that IL IL clearly unconstitu
tional. Hesays. In part, whatever pow
ers Congress has upon the subject of
appointments in the army must he de-
rived from some one or more of the fol-
lowing clauses of the constitution
That Congress shall have power to de-
clare war;" etc TO raise and sspport
armies" etc.; ito make rules for the
government and regulation OF the land
and naval forces; to make all laws
which shall be necessary and proper for
carrying into execution the foregoing
powers" etc.; section 8, article l. Bot
another clause Of the constitution de-
clares that the President shall uomi-
nate and by. and with, the advice
and consent OF the Senate, appoiat AR
bassadors and all other officers of the