Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-07-03
THE VETO.
ARTHuR's REASONS.


WASHINGTON, July 1.-The presi-
dent this evening returned the Fitz
John Porter bill to congress with his
objections. He takes the same view
rs the encouragement regarding the
unconstitutionalityo fthe bill and says:
There are other causes that deter me from
giving this bill the sanction OF my approval;
hnc Sasment oor OF ,h ans , son.lns yaass
ago Gen. FitL John Porter was
tired and convicted, was pronounced
GERS OF distinguished character and ability.
Its investigation of the charges of which II
found the accused gully was thorough and
and sentences in due cour.e
of law, approved by Abraham Lincoln. the
president of the United States. Its legal COM
potency, Its Jurisdiction OF the accused. OF tine
subject of III. accusation, aud the sub 'iautial
regularity OF all It's proceedings are matters
which have never been brought III question.
Its Judgment. therefore, is final and conclu-
sive in It's character. The supreme
court Of the United states has recently de-
cared that such n court.martial as this was
is the organism provided by law, and
clothed with the duty OF administering JUS
,ice in this class of cases. It's Judgments
surrounded by the same cons lderations
which are conc,usivsness TO judgment IN
other tribunals, including the lowest MS well
as the highest, and II follows accordingly
that, when lawfully constituted, n court
martial has duly declared Its nndings and
II, sentence ami same being duly spproved)
neither the president nor congress mas any
power to set them aside. The existence OF
such power is not openly asserted, nor per-
haps is IL necessarily implied in tue provis-
IONS OF the hill which is before me, but when
Its enRcting clauses are read in the light oil
recitals of Its preamble IL VIII be seen that
| IL seeks in effect the practical annuiinent oil
the findings and sentence of the courtinar-
tial. a conclusion At variance with
these bindings has been reached after an IL
| AHt Inn ~ MI
officers OF the army. This board was not
created IN pursuance of any statutory
and OF was TO
bSani iswly '"sS%sesd y The Ss,s
| who conn posed II, IN their report TO the Sec
| Rotary of war, dated March 10, 1879. state that
| In their opinion Justice requires such action
as may be necessary to annul anu set aside
martial in the case OF Major-General Fitz
| John Porter, and 10 restore him TO the
position of which the sentence deprived him;
| such a restoration to take effect from the
| dats of his dismissal from the service.
| The provisions OF the bi'l now, under con-
siasr.uon are av4wediy based on . she as
erroneous. but 1T will be borne in mind tina,
resulted In this discovery was made many
years after the events 10 which the findings
relate and under circumstances that made
idence sp'' upon which they were based.
| IT. seems to me that Inc proposed legislation
would establish dangerous precedents, cal.
| culated to imperil In no small measure the
| binding force and effect OF the judgments OF
the Various tribunals established un:
| der our constitution and laws.
have already In the exercise OF
| the psrdoning power with which
| the president Is vested remitted IA continu-
| Rnce OF tue peaalty that made ~ Impossible
| for Fitz John Porter to hold offices of trust
| or profit under the government of the United
| States, but / am unwilling 10 give
my
| shall practically annul and set al
naught the solemn and dell oerate conclu
sions of the TRIBUNAL by which he was con
| vicied and OF the president by whom III
findings were examined and approved.
| CHESTER 4. ARTHUR.
Executive Mansion, July =, 1851.