, 1884-07-03
It is Exercised on the Fitz
John Porter Bill.
Some of the Alleged Reasons
for This Action,
The House Again Promptly
Passes the Measure.
The Porter Bill Vatoed.

WASHINGTON, July 1.-The President
has vetoed the Fitz John Porter bill.
Attorney General Brewster submitted
to the President to-day, in compliance
with the %latter's request, a long and care.
fully prepared opinion upon the bill fol
the restoration of Fitz John Porter to
the army, in which he expresses the
opinion that the bill is clearly unconstitu,
tional. He says in part; Whatever
powers Congress has upon the subject OF
appointments in the army must be de-
rived from some one or more of the fol-
lowing clauses of the constitution: The
Congress shall have power to declare war,
etc, TO raise and support armies, ETC., to
make rules for the government and regu,
lation of land and naval forces, to make
all laws which shall be necessary and
proper for the carrying into execution
Of the foregoing powers, etc. (Sec-
ton 3, article y. But another clause
of the constitution declares the President
shall nominate and by and with the adj
vice and consent of the Senate appoint
ambassadors and all other officers Of the
United States, whose appointment are
not herein otherwise provided for, and
which shall be established by law" etc,
(~section ., article y. This is a power ex-
pressly given tho President by the same
instrument which gives Congress the pow
ers above mentioned, namely to make rules
for the government and regulation of the
land forces, etc. From the foregoing
powers conferred upon Congress, the
power to designate by law
a person to fill a military
office cannot be implied. Since this would
be in direct conflict with the power of
appointment expressly given the President
as above.
Regarding the bill as imposing or at
tempting to impose, upon the President
a duty to appoint a person designated
therein, it is without any support in the
constitution. It is an assumption of
implied power which Is not based
upon any express power, and clear
ly invades the constitutional rights
of the President. Congress has no right
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go sinoo General Fitz ,Jobn porter YEA
rod and convicted was n]ronouneed by
tribunal comnosed ofnine general officer
of d~istironisbed character and ability It
INVESTIGATION of the charges which it foun.
the occnsed guilrv of was thorough an
conoc;ontious and its 6nd.n rs sand sentenc
in duo course Of law were approved b
Abraham Lincoln. then Presideu
of tho unitad States Its LEGAL COR