The Abilene reflector. [volume] (Abilene, Kan.) 1883-1888, 1884-07-10
THE FITz JOHN PORTER BILL
Returned by the President to the House OF
Representatives with His Veto-Ths
Message in Full.

The President yesterday returned to the
House without his approval the bill for
the relief of Fitz John Porter. The text
Of the veto message is as follows:
To the House of Representatives:
After careful consideration of the bill
entitled "For the relief of Fitz John
Porter" herewith return it with my OBJ
iectionS, to the House of Congress in
which it originated. Its enacting clause
is in the terms following: "That
The President be, and he
is hereby authorized to nominate,
and by and with the advice and consent
Of the Senate, to appoint Fitz John Por-
ter, late 4 Major General of United States
Volunteers, aud Brevet BrIgadier-Gen-
sraI and Colonel in the army, to the posi-
ton of Colonel in the army of the United
States, of the same grade held by him
at the time of his dismissal from the
army by sentence of court-martial pro-
mulgated on January 27th, 1868, etc,
etc" 1t is apparent that should this bill
| become L law it will create q new office
which can be filed by the appointment of
the particular individual whom it speci-
ieS, and can not be filed otherwise. Or
it may be said, with perhaps greater pre-
cisiOn of statement, that it will create
a new office on condition that the partic-
uiar person designated Sh Ill b chosen to
ill it. Such an act, aS it seems to me, is
either unnecessary and ineffective, or it
Inv nv h. ;eIa
tive branch of the Government on the au-
thority of the Executive. As Congress has
no power under the Constitution to nom-
mate and appoint an officer, and can not
lawfully impose on the President the
duty of nominating and appointing to
office any particular individual of its OWN
selection this bill, if it can fairly be con-
strued as requiring. the President to
make the nOminat Oh, and by and with
the advice and consent of the Senate,
the appointment which it authorizes, is
in manifest violation of the Constitution
If such be not its just Interpretation il
must be regarded as Il mere enactment OF
advice aud counsel, which lack, in the
worry nature of things, the force of positive
law, and can serve no useful purpose or
the statute books. There are other causes
that deter me from giving this bill the
sanction of my approval. The Judgment
of the cOurt-martial, by which more thar
twenty years since, General FitZ JOIN
Porter WAS tried and convicted, was pro-
nounced by tribunal composed of nine
general officers of distinguished charac.
ter and ability. Its investigation of the
charges of which it found accused guilty,
were thorough and conscientious
and its findings and sentence were
in due course of law approved by
Abraham Lincoln, then President of the
United States. Its legal competency, its
Jurisdiction of accused and of the sub !
1ectS OF the accusation, the substantial.
regularity of all its proceedings, are mat |
tiers which have never been brought il /
question. Its judgment, therefore, is !
final and conclusive in its character. The !
Supreme Court of the United States has |
recently declared that court martha |
such a. this was as the organism pro- |
yided by law, and clothed with |
the duty of administering justice in this |
class of cases. Its Judgments, when ap |
proved, rest on the same basis and are |
surrounded by the same considerations |
which give concluSivencsS to the udg.
mentS of other tribunals, including Il.
well the lowest as the highest 1t fol.
lows accordingly that when lawfully.
constituted court-martial has duly dc.
ciared its findings and its sentence, anc
the same have been duly approved
neither the President nor Congress has any
power to set them aside The existence
OF such power is not openly asserted
nor, perhaps, is it necessarily implied ir
the provisions of the bill which is before
me, but when its enacting clauses are
III HgrI,f Of .
ambleS, it will be seen that il seeks in eff.
feet the practical annuimcnt of the find.
inss and sentence of a competent court.
martial. \ conclusion at variance with
these findings has been reached after in.
veStigatiOn by Il board of three officers
of the army. This board was not created
and was powerIeSs to compel
the attendance of witnesses or to pro.
pouncc Il Judgment which cOu q be law.
fully enforced. The officers who com.
posed it in their report to the Secretary
of War, dated March -, 1879, state thai
in their opinion Justice requires
such action as may be necessary to annul
and set aside the findings and sentence
OF the cOurt-martlal i'll the case OF
Eitz John Porter,
and to restore him to the posi-
tons of which their sentence deprived
him, such restoration to take effect from
date of his dismissal from the service"
The provisions of the bill now under ,
are avOwedly based on the
assumption that the findings of the court
martial have been discovered to be erro-
neous, but it will be borne in mind, that
the investigation which is claimed tC
have resulted in this discovery was =
made many years alter the event tc !
which these findings related, and {
luder circumstances that made it i'm /,
possible to reproduce the evidence on l
= hich they were based. 1t seems to me :
hat the proposed legislation would eS- {
.abtish Il dangerous precedent, calculated I
20 imperil in no small measure the bind \
ng force and effect of the judgments OF a
iarious tribunals Established under our a
and laws. | have already, v
II the exercise of the pardonino I
power with which the President is s
rested, RENTED the continuing penalty n
hat made it impossible for Fitz join h
Porter to hold au Office of trust or profit II
lnder the Government of the United /:
states. But am unwilling to give my C
sanction to any legislation which shall h
practically annul and set at naught the Il
olcmn and de iberate conclusions OF the h
tribunal by which he WAS convicted, anc h
# the President by whom its findings 81
we're examined and approved. a
lSignedl CHESTER \. ARTHUR. 81
Executive Mansion, July PISA. Z
a E
FrightfuIIy MaDgled.
LEXINGTON. KY. July2 D