The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1884-07-03
WASHINGTON.
Inc Fitz John Porter Bill Vetoed by
the President.
OPINION OF ATToRNEY.GENERAl
the House Passes the Bill over the
veto by Vote of l6s to 7S-The
southern Kansas Right-of-
Way-0ther Business.
FlTZ JOHN PORTER.
THE PRESIDENT vEToEs THE BrI1.

ter to the army, in which he expresse
the opininion the bill is clearly uncon
stltutional. He says in part, whateye
power Congress has upon the snf
Ject OF appointment in the arm,
must be derived from some clause .
the constitution; that Congress shal
nave power to declare war, etc, to rails
ana support armies, to make rules 70
government and regulate land an,
IaVal forces, to make all laws whic]
shall be. necessary and prone
Ior carrying into execution foreir,
powers, etc., Section s, Article IL In
another clause in the constitution de
clares that the President shall nomi
nate, and by and with the advice anC
consent of the Senate appoint ambassa
uors and all other officers O
the United States whose ap
polntments are not herein other
wise provided for, and whicl
shall be established by law, etc. (Sec
Art. This power is expressly giyel
the PRESIDENT by the same instrumen
whlcn gives Congress the power aboy,
mentioned, namely: To make rule
tor the government and regula
tlon Of land forces, etc. iron
I0relgn powers; conferred upol
congress power to designate by law
person to I'LL a military Office, 1t can
lot pe implied since this would be il
dlrect conflict with that power of an
poihtment expressly given the p residen
as above, regarding the bill n,
imposing or attempting to impos,
upon the President duty to apnoint !
person designated therein. 1t is without
any support in the constitution. IL is as
sumption of implied power which is moi
based upon any express powers anC
clearly invades the constitu
tional rights of the President
congress has no right to enact
as alaw that which will beineGectual. II
cannot enact, advise or counsel. Ii must
make laws that are rules of action: moi
expressions of will, that may or NAV moi
pe followed. Counsel is a matter of per.
suaslon, law is matter OF
injunction. Counsel acts upon
Wiling, law ponunwilling; also BLACK
stones Commentaries, .)Then This bill
would be an injunction commanding the
resident TO appoint it; an usurpation-
ana II 1t be only counsel il is with an es.
sentlal element Of law, and Congress can
enact nothing but that which Is 10 have
lull ,Nlgolr and effect of law; but again,
tne Dill Is subject to objection upon tho
ground that Congress thereby in effect
creates an Office only upon condition
that 1t is to be filed by a particular in.
dlvidual named. If this principle were
adopted generally in thecreation ofofliceS
~ would obviously result in construino
tne appointing power to accept the con-
9ltlons imposed, and fill offices with in
9lvlduais designated by Congress-, tins
frustrating the design of the constitu-
tlon, which is that officers must he alone
selected according to the judgement and
VIII OF the person and body is.whou. tho
power OF nomination, adv; " aid con-
sent OF appointments are invested
~, THE PRESIDENTS OBJECTIONS.
Inc PRESIDENT this afternoon returned
the titz John Porter bill TO Congress
win MS objections. He takes the same
view as the Attorney-General regarding
the unconstltutionality of the bill and
says "Ihere are other causes
.i,t .hat ueter me from giving
!nls Dlll my sanction or approval. The
Judgment OF the courtmartial, by which,
fitz John Porter was tried and con.
composed of nine general off,
'ers of distinguished Character and
lbility. Its investigation of the charges
)f which it found the accused guiiiy.
VAS thorough and conscientious, and IL
lndlng and sentence in the due course
d the law, was approved by Abra-
lam Lincoln, President of tho
United states. Its legal compe-
ency, the jurisdiction of the accused
md OF the subject of accusation, the sub
tantlal regularity of all of the proceed
ngs are matters which have never been
,,rought in question. Its Judgment,
heretore, is final, and conclusiye
II lts character. The Supreme
'ourt of the United States
las recently declared that such court
martial as this was, is the organism nro-
lded by law and clothed with duty. |
justice in this class of
ases., It's judgments when an |
roVed rest on the same |
asis and are surrounded nv
he same considerations which z
onclusive to the Judgment of other trib- |
nals. including as well the lowest MS |
ne q, highest 1t follows accordingly that |
LAWFULLY CONSTITUTED COURT |
MARTIAL
rs duly declared its findings and
$ sentence, and the same has been
uly approved, neither the President
or Congress has any power TO set them
sue. Inc existence of such power Is
OF openly asserted, nor perhaps is il
ecesSarliy implied in the provision of
nc Dlll which Is before,me but when its
lactlhg, clauses are read I'm
..e hght of tho recitals
lts preamble it will he |,
i '9n tndt IL seeks in effect the practi-
u annulment of the findings and SEN
nee OF the court-martial. A con-
usion NJ variance with these findings
Is been reached after investigation bv
e board, consisting of three or
aels Oh the army. This board {
as ! 81 not created in the purpose of any {
'.utoIy authority, and was powerless
conlpel the attendance of the wit. I
s ,ss9s OF 10 pronounce judgment which I
Sn ,m pe hWlully enforced. The
cir report to tbe sncro,or r
War, dated March 10. ls7g state q
Mt in their opinion Justice reonires
ch action as may be necessorv fo nm !
II and set aside the findings and sem
nee of the court-martial In The cese q
Major-General Fitz John Porter. and :
restore him TO the position which y
Q, sentence deprived him of. 5
ch restoration TO take efIeri :,
I'm the date of his dismissal from The
ryice. The provisions of the bill now n
der consideration are avowedlv
BASED ON THE AssuMprtoN n
At the charges before the o
nding court martial have
EN- discovered to be erroneous. Int n IA
II be borne in mind that the investi. 4
ton, which is claimed 10 -
We resulted in this discovery !
IS made many years after the events n
which the finding had relation. and n,
der circumstances that made il i'm. n
ssiblo to reproduce evidence upon q,
lich they were based N ~
'ms to me that the proposed &
would establish dangerons y
,codent, calculated to imperil In no oi
AL measure the binding force and ii
ect OF Judgments of the various Fri. m
nails established under our constitu. on
n and laws. | have already in or
exercise of the pardsainr power se 1
N which the Presidenttis' Vested si
lhttod the penalty that made w
impossible for Fitzr- John Porter NJ
gQNnrnn Drltanl S.'.' "