The daily Cairo bulletin., 1884-07-04
the Text of President Arthur's
Message Vetong the Fitz
John Porter Bill.
THE Measure Without Precedent and an
Infringement on the Executive
Prerogative,
rhe Senate Settles the Matter by Failing
: to Pass the Bill Over the Presi-
dents Veto-27 10 ~.

President yesterday returned to the
House without his approval the bill for
Ahe relief of Fitz John Porter, The text
Df the veto message is as follows:
10 the House of Representatives
After careful consideration of the bill
,ntitled "For the relief of Fitz John
t2orter," herewith returnit with my OBJ
sections, to the House of Congress in
which it originated. It's enactiug clause
Is in the terms following; ''That
'he President be, and he
IS hereby authorized to nominate,
!nd by and with the advice and consent
lf-the Senate, to appoint Fitz John Por-
thr, late Major-General of United States
Volunteers, and Brevet Brlgadler. Cen
tIal and Colonel in the army, to the posi-
tion of Colonel in the army of the United
States, OF the same grade held by him
Mt the time of his dismissal from the
nrmy by sentence of court-martial pro.
mulgated on January 27th, 1868, etc,
ctc." 1t is apparent that should this bill
become a law 1t will create a new Office
which can be filed by the appointment of
F1le particular individual whom it Speci-
hes, and can not be filled otherwise. Or
n may be said, with perhaps greater pre-
Cision OF statement, that it will create
Il new office on condition that the partic-
ular person designated shall BE- chosen to
nil 1t. Such an act, as it seems to me. is
Gther unnecessary and Ineffective, or il
pnvolves an encroachment by the legisla-
aVe branch of the Government on the au-
Shortly of the Executive. As Congress has
no power under the Constitution to NOM
1Date and appoint an officer, and can not
eaWfully impose on the President the
Huty OF nominating and appointing to
pfiice any particular individual of its own
eelection this bill, if it can fairly be con-
Strued as requiring the President to
snake the nomination, and by and with
1he advice and consent of the Senate.
fhe appointment which it authorizes. is
an manifest violation of the Constitution.
III such be not It's Just Interpretation il
must be regarded as a mere enactment of
fidpice and counsel, which lack, in the
very nature Of things, the force of positive
nhe statute books. There are other causes
shat deter me from giving this bill the
sanction of my approval. The Judgment
Di the court-martial, by which more than
tWenty years since, General Fitz John
Porter was tried and convicted, was pro-
Aounced by tribunal composed of nine
general officers of distinguished charac-
ner and ability. Its investigation of the
charges OF which it found accused guilty,
Were thorough and conscientious'
and its findings and sentence were
pn due course of law approved bv
Abraham Lincoln, then President of the
United States. Its legal competency, its
Lbnnsdicion of accused and of the sub
1ects of the accusation, the substantial
regularity OF all its proceedings, are mat |
fers which have never been brought in |
question Its judgment, therefore, is
nnal and conclusive in it's character The
Supreme Court of the United States has
recently declared that court martial
such as this was SIS the organism pro-
vided by law, and clothed with
The duty Of administering Justice in this
lass of cases. Its judgments, when an.
proved, rest on the same basis and are
by the same considerations
which give conclusiyencss to the iudg-
nents o1 other tribunals, including as
well the lowest as the highest" 1t fol-
lows accordingly that when lawfully.
court-martial has duly de.
clared its findings and its sentence, and
Lhe same have been duly approved,
neither the Presidcntnor Congress has any
power TO set them aside. The existence
of such power is not openly asserted
nor, perhaps, is it necessarily implied in
-he provisions of the bill which is before
me, but when its enacting clauses are
read in the light Of the recitals of its pre-
lmbles, it will be seen that it seeks in ef.
ttct the practical annulment of the find.
lngs and sentence Of competent court.
martial. A conclusion at variance with
these findings has been reached after in
Vesugation by board of three officers
OF the army. This board was not created
In pursuance Of any statutory
and was powerless to compel
the attendance of witnesses or to pro.
1ounce judgment which could be law
iuily enforced. The officers who com.
poseu II IN their report to the Secretary
oi war, dated March 10, 1879, state that
10 thefr opinion 'Justice redures
such action as may be necessary to annul
dnd set aside the findings and sentence
oi the court-martial in the case of
-Major-General Fitz John Porter,
and to restore him to the posi-.
ions OF which their sentence deprived
him, such restoration to take effect from
date Of bis dismissal from the service"
The provisions Of the bill now under
consideration are avowedIy based on the
assumption that the findings of the court
martial have been discovered to be erro.
'leous, but it will be borne in mind, that
Inc investigation which is claimed To
nave resulted in this discovery was
made many years after the event to
'"hch these findings related, and
'lnder circumstances that made~it i'm.
possible to reproduce the evidence on
NYhnh they were based. II seems to me
.lat the proposed legislation would es-
sooiish dangerous precedent, calculated
20 lInperii in no small measure the b,nd.
ns iorce and effect of the iudyments NJ
,fafiods tribunals established under onr
'~ohstNn'lon aud laws. have already.
10 The exercise of the pardouno
power with which the presidon, -
vested, RENTED the continuing penalty
That made it impossible for Fitz John
Porter to hold an office Of trust or nrndt
under the Government of the Upt,ad
States. But am unwilling to oive NV
'anction TO any legislation which shaii
Practically annul and set at nausAt tbe
Oiemn and de lDeraic Conclusi,ng ot a..