The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1884-07-10
An Important Veto.

to Congress the bill passed at this session
for the relief of Gen. Fitz John Porter.
The message was instantly taken up in
the House, and without discussion passed,
by the necessary two-thirds vote, over the
veto-ayes 1853, noes IS, seventeen Re-
publicans and all the Democrats voting in
the affirmative. In the Senate the vote
was 81 to q. SO the bill fails to become a
law. The full text of the message is as
follows:
To the House of Representatives:
After careful consideration Of the bill,
entitled an act for the relief of Fitz John
Porter, l herewith return it with my OBJ
jections to the House of Congress in which
it originated. Its enacting clause is in
the terms following: sThat the Presi-
dent be and he is hereby authorized to
nominate, and by and with the advice and
consent OF the Senate, to appoint Fitz
John Porter, late Major General United
States Volunteers and brevet Brigadier
General and Colonel in the army, to the
position of colonel in the army of the
United States Of the same grade held by
him at the time of his dismissal from the
army by sentence of court martial pro-
mulgated January 81, 1885," ETC., etc.
1t is apparent that should this bill be-
come a law it will create new office,
which can be filled by the appointment Of
the particular individual whom 1t specifies
and cannot be filled otherwise or it may
be said. with perhaps greater precision Of
statement, that it will create new Office
on condition that the particular person
designated shall be chosen to fill it. Such
an act, as 1t seems to me, is either I'M
necessary and Ineffective, or it involves
an encroachment by the legislative branch
of the government on the authority of the
Executive. AS the Congress has no
power under the Constitution tonominate
and appoint an officer and cannot lawfully
impose on the President the duty of NOM
mating and appointing to office any par
ticular individual of its own selection,
this bill, if it can fairly be construed as
requiring the President to make tlsb NOM
ination and by and with the advice and
consent of the Senate the appointment
which it authorizes, is in manifest viola
ton of the Constitution. If such be not
it's just Interpretation it must be regarded
as mere enactment of advice and counsel,
the force of positive law and can serve no
useful purpose ON the statute book.
There are other causes which deter me
from giving this bill the sanction of my
approval. The Judgment of the court
martial by which more than twenty wears
since. General Fitz John Porter was tried
and convicted. was pronounced by a tri-
bunal composed of nine general officers of
distinguished character and ability. It's
Investigation of the charges. of which It
found the accused pniltys was thorough
and conscientious and its findings and SEN
tence were in dne conrse Of law annroved
by Abraham Lincoln. then President of
the limited States It's leoal comnetancv
it'd inrisdiction Of fine accEsad and off tIe
Subjects of the aeon sation the substantial
regularity of ali its proceedings. are mat
teTs which have naver hean hro,,ght in
c o1ns aye nevsr pGe og X na
and conclusive in ito chsroctar
The Snnrama Court Of the G1n;tad Statas
has reconflv doc;dad that court mart;a1
such 90 this Wao s.;s fhe ornan;sn, mo mo
v;dad bv Ia,,, ,md .,otboJ ,,,;th tha dntp of
admin;star;n1 iust;ca in tb;s class of csses
Its ind1mantSs whau .nnrovsJ - rost o~ tho
sane hss;s anS orc o,,rrnrndeS hv tbe o.na
,rh;oh 1,;,,o nsS
~ the ;nSmn,orts IF sntbor tr;h,,naIo in
clpd;no' as Sro,1 Tho lowest &c tha b;rhest ),
# fo1,ows oooord;nrIv tbot who, . law
fuilv const;tmted coSrt oart;ai has div
daci. rod ;ts f;nd;noC en5 ito santanco ana
the same have haa5 dmiu annrovad ne;thar
the 1 Pras;dent nor the fpporess has anv
no,uo, to Sot +ban, ao;de Tha existanee
IF sncb ~ nowor iS not nnen,v assarfad NOR
marianne Is 4 necaoSar;lu ;nn1iad in the
1 p of +ho Iii ,uh;ol, IL hofora NC .
tba ,;rht 90 %. ti,a rooif.,s Of ;ts nroershio
II wifi ho o Soom tbat = sooLs in affect thn
w.t.; ~ a~,,i11ao,,t ne tho a,5,n~" ord
sentenca Of . nnnonatent court .nnarfial ''e-
A nonc1ns;on at war;anca with thosa
findin"s has hean reached after inuestioa.
t;nn hy hoard CONSISTING of three oficers
of the army This hoard was NOT creatad
in nnrsnanca Of anw statmarv anthor;tv
and was nnwerless to comneI the attend.
ance of witnesses or to pronounce a indg-
ment which conld he lawfully enforced.
The officers who cnmnosed II IN their re-.
mort, to fine Secretary IF War dated March
ia 1879 state that in their oninion Tins
tice reonires such action as NAV
be necessary to annul and set aside the
findings and sentence of the couft-martial
in the case of Major General Fltz John
Porter and to restore him to the position
of which their sentence deprived him,
such restoration to take effect from the
date of his dismissal from the service.''
The provisions of the bill now under
assumption that the findings OF the court
nan a l Rt toe ,, ho por II " nd the+
the investigation which is Claimed to have
resulted in this discovery was made many
years after the event to which these ind
naSa i r ;nonosS;hio az ro,roduco tha au,'