National Republican., 1884-05-09
The FitL.John Porter Bill.

The FitL.John Porter Bill.
The house has refused to concur in tho
senate amendments to the Fitz-John Porter
bill. The motion to concur made by Gen.
Bayne, friend of the BILL was voted down,
and the senate must now either recede from
its amendments or ask for a committee of
conference. 1t is somewhat remarkable that
the house should risk tho defeat of tho bill
by delay rather than concur in the senate
amendments. which apparently do not in the
least impair the operative part Of the bill, as
it is generally understood and interpreted by
the plain people Of the country.
If there is any trick in the bill, as has
been charged, it is quite evident that Gen.
Bayne, one of its republican supporters, is
not aware of it, for he moved to concur in
the senate amendments, which were simply
intended to place the question of arrears of
pay out Of the reach of any quibble or dispute
that may hereafter be raised. No doubt all
the republicans who voted for the bill were
of the opinion that its phrasoology could not
be so construed as to give Fitz.Jobn
Porter major generals pay for
the twenty-one years that he has
been out of the army. While the bill was
under consideration its supporters never in
timated that it was their object to give Gen.
Porter arrears of pay. On tho contrary, it
was understood that the pay was to begin
with his reappointment, as was explicitly
! provided for in the bill.
In order that tho matter in dispute be-
tween the two houses may be properly un-
derstood we give the text of the bill as it
passed the house of representatives and the
text as changed by the senate. The bill
when it left the house read as follows:
Be it enacted, de-, That the President be, and he
shereby, authorized TO nominate apd, by and with
| the advice aud consent OF the senate, to appoint
Fiz-John Porter late ma jor general the United
States volunteers, and brevet brigader general
and colonel of the army to the position of colonel
in the army of the United States OF the same grade
and rank, together with all the rights titles and
privileges held by him at the time of his dismissal
| from the army by sentence of court martial pro-
mulgated jan q, 1868, and to place him on tho
retired list Of the army as of that grade, the re-
tired list being thereby increased in number to
that extent and all laws and parts Of laws in
ilct herewith are suspended for this purpose only;
but this act shall not be construed authorizing
pay, compensation, or allowance prior to appoint
| ment under 1t.
The senate struck out the clause, together
with all the rights, titles, and privileges"
because these words might hereafter be inter-
preted as giving color to the idea that con-
gress meant to restore his pay as ono Of tho
rights of which he was deprived by the
sentence Of the court martial. And, in order
to make the intention of congress still
palmer, and to leave no possible ground for
dispute, tho phraseology of tho last clause
was SO changed as not to leave
the pay question matter of mere
construction about which judges might differ,
but the prohibition was put in the form of a
positive enactment. The senate also, out of
regard for the prerogatives of the executive,
and probably, as matter of legislative
, courtesy, inserted the words, in his discre-
} tion" before tho clause authorizing tho Presi-
dent to put Gen. Porter on tho retired list
This phrase was in tho original bill, but was
stricken out just before the final vote was
taken in the house.
The bill as amended by the senate is as fol-
! lows
Be IL enacted, &c., That the President be, and ht
ishereby, authorized to nominate and, by and with
the advice and consent of the senate, to appoint
Fitz-John Porter, late ma or general OF the
United States volunteers and breyet brigadieI
general and colonel Of the army, to the position OF
colonel in the army of the Uuited States. of tn,
same grade and rank held by him at the time o
his dismissal from the army by sentence of cour
martial promulgated Jau. ~, 1868, and in his dis
cre0n to place him on the retired list of the army
as that grade, the retired list being thereby in
n creased in number TO that extent; and all law
and parts of laws in conflict herewith are sus
pended for this purpose only: Provided, That saiC
/ Fitz-John Porter shall receive no pay compensa
tion. or allowance whatsoever prior to his appoint
ment under this act.
= We can sec no reason why the house SHOULD
refuse to concur in these amendments, unles
. it be to give some accounting officer or cour
an opportunity to say that Fitz-John Porte
is entitled to arrears of pay from Jan. 81
I" 1868, to the day of his reinstatement unde
the provisions of the bill.