The National tribune. [volume] (Washington, D.C.) 1877-1917, 1884-07-10
FITz JOHN PORTER
Full Text of the Presidents Veto Of
the Bin.


The following is the text of the Presidents
message to the House Of Representatives on the
I'd INST returning the bill for the relief OF FItz-
John Porter without his approval:
To THE House oF REPRESENTATIVES,. After
careful consideration OF the bill entitled An act
Tor the relief OF Ftz-John Porter herewith re-
turn J; with my objections 20 the House Of Congress
In which it originated It's enacting clause Is in
terms following: " That the President be- and he
- hereby, authorized 10 nominate, and by aae with
the advice and consent Of the Senate 10 apDoins
fisz-John Porter late major general United states
volunteers and brevet hTilsader-gensreI ARD eoIo-
army OF the United States Of the Same, GRADE held
by hin at the time of dismissal from the army BY
1867 etc. -
1t is apparent that should this bill become n law
u VIII create new Office, which can be filed by
the appointment OF the particular individual whom
u speclfies and cannot be filed otherwise; or is
may be said, with perhaps greater precision OF
statement, that il viii create a new office ON con-
eltion that the particular person designated shall
De chosen to til it. Such act as il seems 10 me-
Is either unnecessary and ineffective Il Involves
an eneroaehnzent by the legislative branch OF the
/ Government ON the authority of the executive as
the Congress has power under the Constitution
to nominate andappoat officer, and cannot law
iuily impose on the President the duty OF nominate
ing aud appointing to Office any particular in
eviduai OF It's own selection, this oi II can fairly
De construed requiring the President Ia make
the nomination, and by and with the advice and
consent of the Senate the appointments " heh IL
authorizes - ia manifest violation of the Constt-
De regarded as q mere enactment OF advice and
COUNSEL which lack, IN the very nature of things
the force OF positive law and can serve useful
purpose on the statute books
There are other that deter me from giving,
the bill the sanction OF my approval. The jnda-
ment of the couFt-martial BY which, more than
twenty years since. Gen. Fitz-JOhn Porter wa.
tried and convicted, pronounced by a tribunal
composed of nine general officers of distinguished
character and ability. Its investigation Of the
charges of which il found the accused zsiilev was
thorough and conscientious, and It's findings and
sentence were Ia due course Of law approved by
Abraham Lincoln, then President of the United
states It's legal competency its jurisdiction OF thss
accused, and of the subjects OF the accusation the
substantial regularity Of all rs proceedings, are
matters which have never been brought ia cues
i've IN its character.
The Supreme Court Of the United States has re-
Gently declared that eourt-Tartial such as this
was " Is the organism provided by law and clothed
with the duty OF administering justice in this class
OF cases Its judgments. when approved rest on
considerations which give cOncillsiveness to the
Judgments Of other tribunals including wei tho
lowest as the highest" Il follows aecordsE gly
that when lawful constituted courtnartial has
duly declared its findings and its sentence and the
same have been duly approved, neither the Presi-
uelt nor the Congress nst5 any power TO set them
aside The existence Of such power is no3 openly
asserted norperhaps Is necessarily implied in the
provisions Of the bill which IL before me but when
ITS e1actlng clauses read ia the light Of the re-
eltais OF Its preables il viii be seen that il seeks
IN effect the practical annulment Of the findings
ana sentence Of competent eourt-nartiaI.
( a conclusion at variance with these findings has
been reached after investigation by board con-
slsting of three officers of the army This bosrd
was not created Ia pursuance of any statutory au-
thorlty, and was pOweriess 70 compel the attend
ance OF Witnesses to pronounce a judgment
which could be lawfully enforced. The officers
who composed it, in their report to the Secretary
Of War, dated March 10 1872 state that IN their
opinion, Justice requires 3 such action "a
may be necessary to annnI and set aside the ind
Ings and sentence OF the eourt-martial IN the case
OF AlajGen- Fitz-John Porter. and to restore him
70 the positions Of which their sentence deprived
hInl-such restoration to take elect from the date
! Of his dismissal from the service
The provisions OF the bill now under considera-
ton are avowedIy based on the assumption that
the findings OF the court martial have been iseov-
cred to be erroneous Bet It viii be borne ia mind
that the investigation which Is claimed to have
resulted IN this discovery made many years
alter the event 70 which these findings relate and
under circumstances that made il impossible to
reproduce the evidence on which they were based i.
IL seems to that the proposed legislation
would establish dangerous precedent. eaIcul ated
TO 1rFerl IN small measure the binding force
and effect Of the judgments Of various tribunals
/ established under orr Constitution and laws.
have already. IN the exercise of the pardouin.
power with which the President is vested RENTED
the continuing penalty that made il impossible for
/ under the Government of the United States. Bat
am unwilling 10 give my sanction TO any lsgisla-
/ ton which shall practically annui and set at
nstU9ht the solemn and deliberate conclusions OF
the tribunal by which he was convicted and OF the
President by whom its findings were examin9
and approved" CHESTER A. ARTHUR.
EXECUTIVE MANSION, July 2, IS54-