The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1884-02-29

siOns Set Right.
National Republican
The following communication from Hon
Joseph Holt who was the judge-advocate of the
Fitz John Porter court-msrtial, explains itself:
"WAsHlNGToN, Feb. 25 1884.
''To the Editor of the National Repub lean:
y Sir-Being Withdrawn from public life, am
not constant or careful reader of the debates IN
Congress. and hence the speech of General Slo-
cum delivered in the House of Representatives
on the 18th of January, in advocacy OF the bill
for the relief of General Fitz John Porter, es-
capped my notice. Having read it within lew
days, at the suggestion of a friend, L ma GER
tain passages which can scarcely fail to make an
erroneous impression to my prejudice, and upon
which, therefore, it would seem to be proper, II
not incumbent upon me, to submit few obServa-
tons
General Slocum said: Let me remind the
gentleman that Judge Holt, who appointed
the prosecuting attorney in this case had never
been in military life untilhe was made judge-ad-
vocate to prosecute this very man TINS Is q
mistake ] had been in military life'-that is,
had held the Office of judge advocate of the army
for approaching three months before was de
tailed or appointed as Judge-advocate Tor the
trial of General Porter My commission as Judge
advocate of the army which conferred the Office
upon me without limitation and charged me with
all its duties then existing or thereafter to arise,
bore date I'd September, 1862, while the order
converting the court martial for the trial OF Gen
era Porter and which detailed me the Judge
advocate, was not issued until the 25th of No
vember thereafter. While General Slocum
evidently intended censure by these words,
the ground of it is by means clear If his oh
ject was 10 complain of my having been detailed
to try the case Of General Porter alone, the com
plant must have been prompted by mlsappre
hension. The court martial was organized and
convened, appears by the very terms or the
order for the trial of General Porter only, and
hence the members of the court, including the
Judge advocate, were detailed in accordance with
the order for that trial only This was strictly
formal and in obedience to the law and usage on
the subject. There was nothing exceptional
irregular in my being thus detailed while hold
ing the Office of judge-advocate of the army. !
was detailed in the same manner for the tra oil
the assassins of President Lincoln and these are
not the only cases in which performed similar
duties under the law and the orders Of my supe-
rior officers.
General Slocum further said If the theory
is as has been suggested by the gentleman, that
the judge advocate has nothing to do. l would
like to know why Judge Holt was appointed to
try this one case, and why he got on the retired
list Of the army as a general for trying the case
and stays there to this day as a general This
is certainly extraordinary language 1t seems
to proceed upon the assumption that the retire
ment of military officer is boon or reward
which the President, in his discretion and at his
will, may bestow for services worthy, in his
Judgment, of such recognition Nothing could
be more at variance with the view which has
heretofore prevailed. The whole subject of
the retirement of military officers is
trolled by positive law, and the President, in
issuing an order of retirement, is simply the
agent and organ of that law, and governed
in his action by its conditions and limitations
In the class of cases now under consideration no
question is raised as to special services per
formed or not performed but the inquiry is
whether the party has arrived at the age
quired by the statute. If, however my retire
ment was. as insisted, recompense for the
service referred to- General Slocum will admit
that it was slow in reaching its destination, since
Dearly twelve years and eleven months of
2easng and most responsible official labor my
part elapsed after the conclusion of the trial he
fore the retirement took place, and when it did
occur the order for it was issued by General
Grant, then President of the United States Is
General Slocum to be understood as holding
that this retirement conferred upon me as
a reward for the prosecution of General Porter
by General Grant, openly supporting his
pending application for restoration to the
armyl 1t seems scarcely credible and yet
this is the effect necessarily Of the words, He
got on the retired list of the army for trying the
case The fact is that the order retiring me
took no account of special or other services rem
dered but rested solely on the legal basis that |
had reached and passed the age fixed by law for
the purpose, and the order had no more connec-
ton with the trial Of General Porter than it had
with the deluge. 1t may be added generally that
military officers are not retired as a personal
favor to them, and the act, instead of being VOL
coined is by many of them greatly deplored
Ihey are presumed 10 De fetlreu wholly In the
interests of the service to which they belong,
and in maintenance of policy established by
law for the purpose of giving to that service its
greatest possible efficiency,
mo small amount of ilconsidered criticism
has been expended upon my bearing and action
m connection with the trial of General Porter
How performed my duty on that occasional
duty neither solicited nor desired but which
was imposed upon me. by law and the order of
my superior ofieer--wil fully appear by the
words of the OplV witness to whom | shall refer
-General Porter himself. In the elaborate argu-
ment in his defense. which was signed by him
and read with emphasis and fervor to the court
by his counsel, and which will be found III the
printed record of the trial he said in speaking
of myself Your eminent official law adviser
who has conducted the prosecution calmly and
fairly, so far him depended but with the
vigilance and energy which his duty demanded
himself in the recent past where momentous
events hinged on the great sway which in his
high post he bore, has trusted me, and has felt
that this trust in no wise betrayed
To appreciate Alright the force of
this frank and honorable testimony, it
must be borne in mind that General Porter was
present during the whole of the trial. and per
sonally Observant OF what was said and done by
me, so that his statement, as quoted is dec
laration. not merely of an opinion, but of u fact
as WELL which was within his complete personal
knowledge. The lovers OF truth and Justice will
hardly hesitate to accept this most trustworthy
evidence sufficient reply to the needless
cavis of those who were not present at the trial,
who uninfOrmed as to its incidents, and who.
to this day, remain profoundly ignorant of the
spirit in which its proceedings were conducted.
My subsequent review of the record of the
trial was made in the discharge OF duty en-
joined by law on the Office of Judge advocate of
the army which held. and the obligation of
this duty was supplemented by written re-
2uirement of the review from me by President
Lincoln himself. j. HoLT.'