National Republican., 1884-02-27
Fitz-John Porter's Claim 10 a Life Es-
tate In an Once.

FitZ-John Porter's Claim 10 Life F1s-
tate In an once.
In defending the pending bill which pro-
| poses to create an additional Office in the
army for the personal benefit and behoof of
| Fltz.John Porter, ON which to retire him with
fat salary during the balance of his life, the
democratic organ admits that "he has in
Cured no disability as a soldier; he has not
been overtaken by the infirmites of old age
while engaged in the performance of military
duty; he is nothing but private citizen; he
has been private citizen these twenty years.
Why should a vacancy bo oil at once created
for him that he may be reappointed TO the
army and placed on the retired listT And
then answers the oonuudrum thus:
1t Uhe goyernmenD virtually dispossessed him
OF his property-ior rank and fame and good
name are as much property as houses, lands, and
stocks-and now that the wicked and fraudulent
character Of the dspossession las boen incon.
testibly demonstrated the least 1t do is TO re.
turn him his own. Even then the COMPENSATION
were but ttine in comparison with the damages
sustained. We're he given back his own with in
terest for the past as well as an annuity for the
future 1t were none too great reparatlon
That is to say, Fit2John Porter had an
indefeasible life estate in government Office
which was his property-as much his "prop-
erty as houses, lands, and stocks and the
government of the United States wickedly
robbed him OF it hence, "the least it can do
is to return to him his oicn ~
Nn dnubt t1,;v v;II bn ,,n,-- . @tn ,norI, &C
tho United States. Congress has, in past
times, directed the reduction of the army.
Officers of the army have been dispossessed of
their offices by wholesale in pursuance of
these statutes. If these offices were their
property in thus forcing" them TO go out
they too were ruthlessly robbed Nor was
this done because of any real or supposed
ohense ON their part. They had served, it is
fair to presume, faithfully and we'll. They
were dismissed simply on the ground that the
government did not need their services any
longer. The wholesale dismissal of officers
of the army has not heretofore been regarded
as robbery. These offices have not been sup.
posed to be tho individual property of the
incumbents.
This novel claim of personal ownership in
public offices must find support, if it has any,
only In the political code of the democratic
party. 1t is not found in tho constitution
and laws. The statutes treat officers of all
grades and classes, both civil and military,
simply as servants of the public in their re-
spective positions, and not as the individual
+ proprietors of the offices. These individuals
enter into contract with the government tO
serve for n stipulated compensation to be
, paid by the day, month, or year. And the
government exercises the right to discharge
them according to the provisions of the con-
r stituton and the laws enacted for the pur.
pose.
In the case of officers of the ermy and
navy, one of the conditions of this contract
is that the officer shall Obcy his superior il
, command. This is deemed to be so important
an element in the contract that each officer
I Of the army and navy is required, when mus
f tered into the service to solemnly swear, on
0 the Holy Evangelists, that he will do SO.
And one Of the conditions of this contract il
that any such officer who refuses 10 obey hi
r commander may be dismissed from the ser
T.. vice or shot,
!. Fitz-John Porter so contracted and s,
o sworo with his lips to the sacred book. 4
2 court, composed of officers of the army o
o equal rank, and of equally honorable servc,
j. with himself, on their oaths as judges, fount
i that he had willfully violated his contract an,
n oath of Office and recommended his dismissal
And he was accordingly removed from tn
Office he then filled.
OF the fact of the disobedience there 10 no
70 the slightest grounds for dispute. OF tn
n legality of the dismissal there is no question
1t But he has insisted all along that his disc
q bedience of orders was .iustihable. And al
IS the reconstructed confederates and thei
a. sympathizers in the house of representa-
= tives have voted that his disobedi
n ence should not only be pardoned, but re
d warded, and accordingly propose to create a
}, office and bestow it on him, with lif
i annuity and no service, by way of decoration
10 -------~------
N Good Surus stion.