The Aberdeen examiner. [volume] (Aberdeen, Miss.) 1866-current, 1884-07-10
EITZ JOHN PORTER.
THE PRESIDENT VETOES THE BILL
FOR HIS RELIEF.

President to-day, in compliance with
the latter's requests, long and care
fully prepared opinion upon the bill
for Yhe restoration Of Fitz John Por,
ter to the army, in which he expresses
the opinion that the bill is clearly un-
constitutional. He says i'll part:
Whatever power Congress has up
On the subject Of appointments in the
army must be derived from SONG one
or more Of the following clauses Of the
Ce4.5titution, "The Congress shall
have power to declare war, to raise
and support armies" "lo make rules
for the government and regulation Of
the land and naval forces" "To
make all laws which shall be necessa-
ry and proper for carrying INTO exc
cution foreign powers, ETC." Section
s, article l..
Another clause of the constitution
declares thai tie Fresilent''shall nom
mate, and by and with the advice and
consent Of the Senate appoint ambas-
sadors \ #'and all other officers of
the United States whose appointments
are not herein otherwise provided for
and which shall be established by
law" etc.-Sectjon ?, article 2. This
is power expressly given the Presi-
dent by the same instrument which
gives Congress the powers, above
mentioned. This power, namely, to
make rules for the government and
regulation of land forces etc, con-
fered upon Congress, does not give it
the power to designate by law per
son to fill military Office, since this
would be in direct conflict with the
power of appointment expressl }Aiyen
the President rs above.
Regarding the bill as imposing or
attempting to impose upon the Pres
ident day to appoint the person
designated therein, it is without any
support i'll the constitution. 1t is an
assumption Of implied power, which
is not based upon any express powers
and clearly divides tile constitutional
rights Of the President.
Congress has no right to enact as
law that which will be Intellectual. 1t
cannot enact, advise, or counsel. 1t
must make laws that are rules of ac-
ton, not expressions OF will, that may
or may not be followed. Counsel is
a matter Of persuasion-law is a
matter Of IN injunction;counsel acts up
on the wi!ling-low upon the unwiil
ing also. Blackstone's Commenta-
ries, Il. If this bill be an injunction
commanding the President to appoint
1t IS "'i usur Pat.oii' ana Il IL DE couh-
I 1,,' ~ , |,v,og' I' essential e.9''e,I' oI
law ,""' I t'''.' -. ~ e'' N"'' '''"'' ~ r''''''S
i ,'"y ''l"' e' "'r''' rI . = ''",0 Iu'' ''99o'
"''| ~ '''''' VI 5' -'r' -,
!'',, :,, ~ "'''' ''G 'i1' - sU'l',t -
o"J' ,,'I' ~" ''' ,'"''0 '''". No''-
Z, re'0 ''I' '"S' III e',e.'' o,'"'eS "l
p''tT o'''1 'PoH 'o',ui''1'' '!"I II Is TO
De my" ~ '.'o al to"'"' -"'', '"~",
''a"'G"' ,,,I = .'.I '',n'Ifie were a"oP'e"
se"I'"''Y sII - '''1 o.o"'io': T VI "'''oeS' "
"'0I" 'olN 'o"S!5 '7S'''' j" co''S'ra'h' il
NY ~ '"' "PPo''.'''S E9,Ne' 20, 20 accePI
ro oo,;.i'';o'i ,'!' 'oaS" @'''' III -''e o.
,' yves VIZ" I 'lo''I'u"t, oes' I'"'e" ny
Co'S 'e3s' mus Illustrating !'lo ueS'9h
., -. INC oo''o,-'"''on' @ : ''lI'' lS I''"' V"I
o''''e's nus pe "io'ie Se,ecteo .t, accord
!. NY ~ '''9 pN7 ''e''' anu VIII Vi tne
PeiSo'' anu oouy III Wi'o''' ','9 powers
~ '..'D ''o',''''"'.o,'' "o, @ lOei anu '0"s9'''
"PPo'''''l'0''' are Ne''eo'
THE VETO MESSAGE.
WASHINGTON, July 2.-The Presi-
dent this afternoon returned the Fitz
John Porter bill to Congress with his
objections. He takes the same view
as the Attorney General regarding
the unconstituticnaitv Of the bill and
saws:
There are other causes that deter
me from giving this bill the sanction
of nv approval. The iudomeut of
the court martial by which more than
twenty years since Gen. Fitz John
Porter was tried and was convicted.
was pronounced " tribunal com
posed of nine general officers distin-
guished in character and ability. Its
investigation of the charges of which
it found the accused guilty WIS.
and conscientious, and its
findings and sentence in due course
of law was approved by Abraham
lincoln, then President Of the United
States. Its legal competency, its
jurisdiction of the accused and of the /
subjects of accusation; the substan-
tial regularity of all its proceedings
are matters which have never been
brought in question. Its Judgment
therefore is final and conclusive in its
character.
The Supreme Court of the United |
States has recently declared that such |
a court martial such as this was sis
the ooUauization provided bv law and |