National Republican. (Washington City (D.C.)) 1872-1888, 1884-03-14
AN INSULT TO THE ARMY.
The Fitz-JOhn Porter Bill Passed by the
Senate.
Senator Henderson Makes an Able
Speech in Opposition to It,
And Gen. Logan Gives an Exhaustive and Mastery
Review Of Porter's TreaChery.
The PoEtofico Appropriation Bill Dis
cussed In the House.
TIE SENATE.


nation regarding tho failure by the Pacific rail-
roads to comply with certain acts OF congress-
Mr.. Dolph presented memorial from the cham.
Der of commerce of Tacoma, on Puget Sound,
against the forfeiture Of the Cascade land grant OF
the Northern Pacific railroad.
Mr.. Harrison, from the committee on territories.
reported favorably, and had placed on the cal
endar the bill for the admission of Dakota,
Mr.. Pendleton, by request introduced bill pro-
viding for the erection ofapublic building at
Mr.Plumb submitteda joint resoutio which was
referred 70 tho committee on agriculture, apprO-
under tho direction Of the commissioner OF agfi'
culture, for the suppression OF the loot ana mouth
disease among cattle In Kansas.
Within n few minutes of the reference, MT.
Plumb. from the committee. reported the Joint
resolution fivoraby, aud asked its immediate
Mr. Sherman objected to the resolution. Ho
said: As believe that the object that resolution
house bill (pieuro. pneumonia bilr, will object
for the present. and hope that the h luse bill may
be taken up aud passed as quickly as possible"
Mr. sewell called UP the FltzJohn Porter bill
before the morning hour had proceeded beyond
MIR. Miller, OF New York, said the senate had
put aside important public business Wednesday
to take up this bill for private relief. lie moved
to lay Mr.. Sewelps motion on the table, but with
drew the motion In order to expedite business
ana permitted the vote to he taken on Mr.. Sewelps
motion. The senate agreed to lake up the bill.
Mr.. Mandurson then look the floor. Many
eminent men, he said had considered this case
He could, therefore, not expect toadd anything TO
the information of the senate on the subject.
Through war and through peace the claimant had
Insisted that he mad been hnr hly treated. lfa
man at sea we o struggling with the waves. 1t was
impossible for those who looked on not to feel an
interest In his fate Let the observer Of the con-
test before the senate DO ever so indifferent, he
could not avoid feeling an interest in the subject
Nothing would give Mr.. Henderson more pleasure
thln TO be able TO say to the man most interested
Ill the Dill before the senate, you have been
wronged; take you full reparation." IL he could
do that he would not stop win the half way
leparation Of this bill. He would give him the
full rignting of his wrongs. We might not be able
70 restore to him the years that , ere past, but
high honors and emoluments should be his.
Mr. Manderson understood The claim to he that
OH iull examination no fault could he found with
the conduct of Gen. Fiz-JUhn Porter. He had
not examined until recently the report and pro-
ceedings of the court martial that tried Gen. Por-
ter. lie had read Gen. Grants paper in the NJrth
-4mertcln RepilC, aud that with other reading had
aroused in him sympathy and interest in the case
He elt that II was his duty then to examine the
matter thoroughly; aud he was sorry 10 be com;
given the case, whether this be case of judicial
review or the exercise Of clemency, he felt hound
gress should set aside the verdict of the court
maItial-to review and set aside decision Of one
precedent 1t hai become the fashion lin these
piping times of peace" TO sneer AT court martial.
Yet that body was more nearly Jury OF bis
peers" than an accused man could possibly have
under any other circumstances, for its members
were his brother officers.
No less person thanth President of the United
States was the final court of appeals ana VINO was
it that had reviewed the findings aud decision OF
the court martial in the case of Gen. fitz-John
Porter2 1t had been the honest, clear-headed
judicial minded merciful man. Abraham Lincoln.
Mr.. Henderson read from the authorities on
military law, to show that court martial were the
only courts competent to try military ohenses and
this principle he'd been recognized by all nations.
The highest pewcr III the land had reviewed the
decision. II was now proposed To set aside aud
nnnul that completed work. a proposition fraught
with DANGER to the future of the army ofthe United
States The intention Of the constitution was that
each coordinate branch of the government should
be independent of each oftno other departments,
and 1t was the duty of the executive department
OF the government to deal with the question now
before the senate.
The bill was restraint upon the proper indie.
pendence of the executive. IL case should come
10 this senate as an original proposition on the
findings of court martial, and congress should.
take to Itself to review the record and let the pris
oner go, the advocates of this bill would stand
Mr.. NIanderson had for twenty years rs a
lawyer seen cnses go TO the courts Of appeal, and
sometimes his clients cases had gone against him
If The precedent was 10 be- set here. Of review by
congress of the work of tho other departments Of
tho government, why sh ould he not bring before
congress the cases of those unfortunate clients
that congress may set aside the verdict of the
jury and the decision OF the court OF appeals.
President Lincoln had written to Mr.. Leonard
SWEET that he had read every word Ofthe testinl
in the Ei'z,J9hn potiersa e and said Il tell you he
Is guilty and ought to be hung" We're corroboTa-
uoIl OF Mr.. SWEETS statement necessary, it was
afforded by the testimony of Robert Lincoln he.
fore the advisory board as to statements OF the
president, his father.
Mr.. Henderson could not see upon what
grounds the Case should be reopened Would It
be claimed that congress should set aside the de-
cislon of loyalty established court martial in
yesigatng at the time of the events, with all the
tuCts and witnesses before them, because three
respectable gentlemen sitting sixteen years after.
ward to examine the case thought differently ?
Even If be Mr. Manderson) believed Gen. Porter
innocent, he could not see how the opinions OF an
advisory board could have the effect to unset q
decision Of court martial The doctrine Of dis:
erection advance by the advocates of this hill had
never been the principle VI military law or prac-
tice. Obedience willing, and ready was the ever
acting ana everything principle which animated
officers aud soldiers TO their superiors was abso
lutey necessary to the success OF military move
ments.
Referring to Mr.. sewels criticism of Gen. Pope
on the ground OF lack ofabilty TO concentrate his
forces, Mr. Manderson said It was easy to see how
Pope might fail in concentrating his forces If of-
GERS took into their own hands this discretion I'D
vanced in defense of Gen. Porter.
Mr.. Henderson read from DeHarts Military Law
to show the necessity OF absolute, unhesitatiug
obedience and then read Gen. Pope's dispatch
10 Con. Porter in which Pope had sal "It rs
by daylight" Porter did not arrive at daylight
md not for some time after. But 1t had been said
there was positive proof that It was a starlight
night, and rs 10 the claim that the road was bad,
II was sw TN that IL was dry and hard that the
road was Tree of wagons during the night and
there were three roads by which he could march.
But II had been claimed that II was unneCes.
Eary Tor him to be there. That was an argument
that burglar might use, for lie might say; "T ne,
broke into your house, but there was really
nothing there 10 steal" II was not an argument
worth answering.
Porter had expressed to Burnside a feeling o +
contempt for T. pc, aud that feeling was 30 plain
10 all officers who had come in contact with him
That even Gen. Mcclellan had 10 beg him to be
loyal to his commander. He did not wish disaster
To tho union army, but no did not wish Pope TO
succeed Tlis Jealousy of leaders had been u
curse; II had caused the downfall OF many of the
commanders Of the army ofthe east. Mcclellan,
Hooker, Burnside Meade, and Pope, all fell by
reason Of it, Thank Col, Mr. Mandersou said, the
the armies of The west-of the Cumberland aud
Tenuessee-Were free from II, Among McPher'
tuu Logan, Sheridan, Thomas, Grant, and Sher-
lu,u no eartburnngs no jealousy, or hatred eX-
ttCd, Applause IN the gallery
He opposed tine bill because oil the law and the
tGc.., eCauSe of the dangerous precedent to the
army, and because he believed 1t to be internally
riglt 50 10 do [Loul applause in the galleries
Mr. Logan then addressed the senate III 1868,
he said when the minsterng angels Of this
country mad ceased 10 smOothe the brow OF the
weary soldier, who, Of all those III 1t had been nd
believe that the power of tho law would be in
vokcd IN aid OF such measure rs that ueiore TINS
senate Travelling back Il 1865 We found that
fOrLy-hve days We consumed By II court martial
IN the trial Of an iud vduul who, by its decision
was discharged from the army OF the United
klHles Part Of that court martial were learned IN
the civil law. What il the trial now going on
], II the trial of Fiiz. John Porter? No. IL was II
trial ut the grave Of those that were dead on a
charge that the men who had tried this man had
distorted the fyG,s, Fiiz'John Porter had, after
all these years, became tile prosecutor. II was u
trial not OF the living but Of the dead II was
trial at this late day OF Abraham Lincoln rather
Than of FitZ John Porter,