The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1884-07-05
Inc fre'ident's Objections to the Fttz
John Porter Bill.

esidents Objections to the Fttx
John Porter Bill.
WASHINGTON, July 2.-The presi-
qent this afternoon returned the Fi,z
Jonn Porter bill to Congress with his
objections. He takes the same view
as the attorney general repariino Tho
gays: ''-4"
There are other causes that deter
me from giving this bill my sanction
ana approval. The judgment of the
court-martial by which, more than
twenty years since, Gen. Fitz John
forter was tried and convicted, was
pronounced by a tribunal composed
OF general officers of distinguished
characters and ability. Its investi-
CATION OF the charges of which it.
found the accused guilty, was
thorough and conscientious, and its
findings and sentence, in due
course OF law, approved by Abra-
nam Lincoln, then President.
LIS legal competency, its jurisdiction
OF the accused and of subjects of ac-
cusatlon, the substantial regularity
OF all its proceedings, are matters
which have never been brought in
Question. Its judgment, therefore, is
nnal and conclusive in it's character.
The Supreme Court of the United
States has recently declared that
court martial such as this was an or.
ganism provided by law and clothed
with the duty of administering ius-
tice. In this class of cases its i1dq-
ment when approved rests on the
SQn10 h0CIc 0nd 10 81
same considerations which give con-
clusiveness to the judgment of other
tribunals, including as well the low
est as the highest. 1t follows &C.
cordingly that when lawfully consti-
tuted.the court martial has duly de-
clared It's findings and its sentence
and the same have been
duly approved, neither the Presi-
dent nor Congress has any power to |
set them in existence. Such power
is not openly asserted. nor perhaps is
it necessarily implied in the prOvi-
siOns of the bill which is before me:
but when its enacting clauses are
read in the light of recitals of its
preamble it will be seen that it seeks
in effect the practical annullment of
the findings aud sentence of a COM
petent court martial. A conclusion at
variance with these findings has
been reached after investigation by q
board consisting of three officers of
the army. This board was not Gre
ated in pursuance of any statutory
authority, and was powerless to com.
pei the attendance of witnesses or to
pronounce a judgment which could
be lawfully enforced. The officers
who composed it in their report to
the Secretary of War, dated March
II, 1879, state that in their opinion
Justice requires such action as NAV
be necessary to annul and set aside ,
the findings and sentence of the
court martial in thu case of Major
Fitz John Porter and to re-
store him to the position which their
deprived him, such restora-
ton to take effect from the date of
his dismissal from office. The pro-
' isions of the bill now under consid-
Grafton are avowedly based on the
that the findings of the
court martial have been discove: ed !
% be erroneous, but it will be borne
n mind that the investigation which
. C101AuOu w u0NC 1VSu1tCu Uu1S |
liscouery was made many years af-
;er the event to which these findings u
'elated and under circumstances that ii
made it impossible to reproduce the h
evidence on which they were o
)ased. It seems to ME that b
he proposed legislation would estab- b
ish dangerous precedent, calculated Il
o imperil in no small measure the p
binding force and effect of the judg- \
nents of the various tribunals estab. \
ished under our constitution and
avs. I have already, in exercising c
he pardoning power with which the I
PRESIDENT is vested, remitted the pen g
llty that made it impossible for Fitz il
ohm Porter to hold an Office of trust Il
n profit under the government Of the I
United States. But am unwilling b
o give my sanction to any leglsla- c
ion which shall practically annul C
nd set at naught the solemn and de. il
iberate conclusions of the tribunal il
" which he was convicted, and of fl
he president by whom its finding a
we're examined and approved. tt
(Signed) CHESTER A. ARTHUR. ST
EXECUTIVE MANSION, July 2. 1884. o