Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1884-07-11

he frsatd Int vstoss the HzIl Tor theI 1e-
aisf 81 easn. Portsr.

sT.r
y - =. Z ssAaa 1o1 20
aie1 ~ 0en. RorteS
The presisant III ii a;inas. ~ rat,s rrna5 Is tha
y. I Y, =,
tse W. w VIII nls
aOnS. S XIII st
iii T,ra1v star md sI,br,;t Hal "a
M A. &,
request long and carafu prepared opinion
supont tho bill for the restoration al Fitz John
s.. i. ii, . Z 81, \, 80. .. ]. IL
IL u s ~. ~ = a
Gean,on that the bill is clearly unconstitutional
TIE resident took the same view OF the co1,-
stitufoiiahty Of the bill and said
S there Are other causes that defer me from
AlSan9i thls Di!l fffhe anctlon OF my approval
me 1uqgfnent q the court ny WHICH,
1 more than tWenty Years since. zen Flsz = enn
Iorser Was tflsei and WIS pronon.nced
conaposed o. hlne esensfai 4.s
0I Ms.n cnaracsef ana g lts
u " we charges 81 Wnach lSIouna 90
h cuaea gnltY was amor 81 an.i cons lenuons
I snd i0 findlnSs and sentence IN Que course ot
iaW apPToYe4a ~ Anranan Lancann, .hsn hres.
denf0t the United States lts leg!A competency,
AVE OF the accused ana % tne
aA Its proceedings are matters when nave never
Il peen DTpugnt lh question: US 1uds,eHsHt tueIe-
Tore, lB fnal and coneius1ye IN lts acharacter.
me supreme court 81 the United states mas a re-
Gently declared that o court marital gHch as5
& this Was .ls the organism PROVIDED by law ana
clothed with the duty Of administering 1usnce
N tnls claas or cases. 1us dSInents, Wneii ap-
4 proved, resi- on the same pasis, ana are SUI SUI
& rounded ~ the same conslderauons Mnich give
eonci,iyivenssa to the Judgments o. other triDu
malls, including as well the lowest as the high
est 1s4 " 1olloWs accordingly that when z law
July constituted court martial has duly DE- De-
clared its hndings ana isa sentence, ana %. !l
& sane nave peen ahiy apPfoVed, nellner We We
president nor congress has any power q ses
Il 1s not openly asseI veg, 4, hor, Per-$
maps, u u necessarily implied 10 lne provisions
Oh lne OH Which y beiere me, ny Mnsn ls
dnactnlg causes afs !saei - tAe hBns q the re-
il effect the practical arnulne , Of the find
,ngs and sentence OF q competent court mar
tlsi- 95 A conclusion At variance with these,
findings has been reached after Ilnyestig CATION
by a board consisting of three officers OF the
4 army, This board was not created in pursuance
OF any statutory authority, and was powerless
/ TO compel the attendance OF Witnesses or TO
pronounce Judgment which co1id be lawfully
4 exercised The officers who composed y, In
their report TO the secretary OF WAT, dated
March 49, 1879, state that iii their opin-
ion Justice requires = such sctaon
as may be necessary to annlll and set ASIDE the
findings and sentence Of the court martial IN
4 1he cass o. MAJ Gen. f1tz John forter, ana 70
restore MN 70 the posltlon Oh Wnlch thelr sen
4 tence deprived nun, such restoration 70 1a aa
service. s The provisions OF the bill now IN
B der consideration are avowedly based on the
assumption that the tind1ngs or the court mar
. hal have been discovered to be errotleons but
it will be borne IN mind that tae lnyestlssatlon
u which is claimed TO have resulted ia TINS as
coyery was made many years atter lne
event to which these findings felated,
and under circumstances that made
it impossible to reproduce the evidence
on which they We're based. II seems TO
4 at ha 1,rr,p tyol1 h.
ish dangerous precedent, CALCULATED to I'M
peril In no small measure the binding FORGE
and effect OF Judgments OF various Trlbunals
established unde4, any constitution and laws.
IA have already, in the exercise OF the par
doning power With winch the preslaents, Is Is
vested renttea me G 1a 2n psna .yb snas
n made IT impossible for FitS John Porter nod
an Office OF trust or profit under me govern
]. Inent Of the United States but am unwl,in n
y 10 give my sanction TO any Iegislatlon Winch
4 shall practically annul and set at naught the
solemn and deliberate conclusions Of the trD-
nnal BY which ne was convicted, and OF the presl,