Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1884-07-03
FlTz JOHN PORTER.
Bill FOR HIS RElrxp VETOED.
The House Of Rspresem.a, dives Passes Il Not
wishstandins che PressSencs Ohjsetisn-
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the veto was received with applause on the
| Republican side OF the House and with
Kisses on the Democratic side.
Inc speaker announced that immediate
| action on the veto would be n order.
General Siocum moved that the bill be
passed, the objection Of the President TO
the contrary Notwithstanding, and on this
motion he demanded the previous question.
Under the Constitution q yea-and-nay
vote was necessary, and II was taken. The
vote resulted-yea les; nays, rs. So the
bill was passed over the veto. The an
nouncement OF the vote was greeted with
continued cheering by the friends OF the
measure, and withihsscs by It's opponents.
The message will be laid before the Senate
tomorrow. The text Of the veto message
is as follows:
To the House Of Representatives,
After a careful consideration Of the bill
entitled "An act for the relief OF Fitz
John Porter" herewith return II with
my objections to the house Of Congress
in which 1t originated. Its euacting clause
is Ia the terms following:
"That the President be-, and he Is hereby,
authorized to nominate. and by and with the
advice and consent OF the Senate 10 appoint
FiizJohpPorter; late Major. General United
States volunteers, and Breyet and Briga-
dier-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 the court-martial pro-
mulgqted January 81. 1862" &c. &c.
1t Is apparent that should this bill become
a law 1t will create a n w Office which can
be filled by the appointment. Of the particu-
lar individual whom It specifies, and cam
not be filed otherwise. Or IL may be said
with perhaps greater precision OF state.
ment that 1t will create new office on con-
dition that the particular person dcslg-
mated shall be chosen 10 fill it. Such an act
rs II seems to be II either unnecessary
and ineffective or II involves an encroach-
ment by the legislative branch Of Govern
meDt on the authority OF the Executive. as
Congress has no power under the Consti-
tuition to nominate and appoint an officer
and cannot lawfully impose on the Presi-
dent the duty OF nominating and appoint
ing to Office any particular individual OF rs
own selection. This bill. IL il can fairly
lie construed az requiring the President
TO m. Ike the nomination, and by aud with
the advice and consent OF the Senate the
appointment which il authorizes, Is
stitution. II such be not Just in
depreciation. it must be regarded rs
mere enactment OF advice and counsel.
which lacks in the nature OF things the
force " positive law. and can serve no usc-
full purpose on the statutc-boOks. There
are other causes that deter me from giving
this bill the sanction Of my approval The
judgment OF the cOurt-martial by which
Fitz John Porter was tried and convicted
was pronounced by tribunal composed of
nine general officers OF distinguished cha
Iactcr and ability. Its investigation Of the
charges Of which il found tn accused
guilty was thorough and conscientious,
and its findings and sentence were in
due course OF law approved by
Abraham Lincoln. the President OF the
United States. its legal competency, It's ju-
risdIction OF the accused and OF the sub
iects Of accusation. The substantial regu-
larty Of all its proceedings are matters
which have never been brought in ques-
ton. It's Judgment, therefore. is final and
conclusive in its character. The SIpreme
Court OF the United States has recently de-
clared that q cOurt-marti1l, such as this
was. ais the organism provided by law
and clothed with the duty OF administering
Justice in this class OF eases. It, judg-
mcntS, when approved, rest on the same
basis and are surrounded by the same con-
sidcratIons which give conclu>ivenes. to
The judgments of other tribunals, in
GLIDING as we'll the lowest rs the
highest. Ii follows accordingly that
when a lawfuly-cOnstituted court-mar-
tial has duly declared its findings and
its sentence, and the same have been
duly approved. neither the President nor
Congress has any power to set them aside.
The existence OF such power Is not openly
asserted. nor perhaps is it necessarily i'm
piled in the provisions OF the bill which y
before me. But when its enacting clauses
arc read in the light OF recitals OF ia pre-
amble il will be seen that il seeks in effect
the practical annulment Of the findings
and sentence OF competent court-martiil.
\ conclusion ut variance with these md
ingS has been reached after inyeStSa-
tons 10y board consisting oil three
officers OF the army. This board was
not created in pursuance OF any
statutory authority, and was pOwerles'
10 compel the attendance OF witnesses
or to pronounce Judgment when could
he lawfully enforced. The oihcefs VINO
composed il, in their report TO the Secre-
that in their opinion Justice requires such
action a. may be necessary to annu ana sci
aside the findings and sentence OF the
court-marfial in the case Of Major
Fitz John Porter. and to restore him to the
positions Of which their sentence deprived
him, such restoration 10 take effect from the
date Of his dismissal from service.
The provisions Of the bill now under
IA ON
the assumption that the findings OF
the court-martial have been diScoy-
cred TO be erroneous. But il viii be
borne in mind that the inycsiiSa-
ton. which is claimed to have resulted in
this discovery. was made many years after
the event to which these findings related,
and under circumstances that made 1t I'M
possible to reproduce the evidence on
which they were based. Ii seems to me
that the proposed legislation would cStab.
lsh a dangerous precedent calcul1ted TO
imperil in no small measure the binding
force and effect OF the Judgments OF
various tribunals established under or
Constitution and laws. I have already,
in the exercise Of the pardOning power,
with which the President is vested, remit
ted the continuing penalty that made 1t inn
Il
office OF trust or profit under the Govern
ment OF the United States, but | am I'M
willing to give any sanction TO any leglsla-
ton which shall practically annul and set
st pauQht the solemn and deliberate con-
illusions Of the tribunal by which he was
convicted, and Of the President by whom
its findings were examined and approved.
fSlgned1 CHESTER A. ARTHUR.
Erao,,ys,,a lfnnc;nn IuIv 1894
THE VOTE IN DETAIL.
The following Is the detailed vote on the
passage Of the bill over the veto:
Yeas - MessrsIA adams (New York;, Aiken,
Alexander, Arnot, Bagley. Barbour, Bayne.
Beliord, Belmont, Blanchard, Blount.
Breckenridge. Broadhead. Buchanan,
Budd, Burleigh, Burnes. Caldwell, Camp
bell (Ohio), Gambler, Carleton. Cassidy,
Clay. Clements, Cobb, Cosgrove. Coying-
ION. Cox (North Carolina), Crisp, Culber-
son (Texas). Curtin, Dargan, DeuSter, Dbl
BILE. Dibrell, Dorsheimer, D0wd, Dunn.
Eaton, Eldredge, Elliott, Ellis. Eng
lish, ErmentrOut, Ferrell, Follett, For
ney, Garrison, Gibson, GlasscOcS,
Graves. Greenleai. Halsel, Hammond.
Hancock, IIardeman, Hardy, Hatch
(MissourD. HemphiI, Henley, Herbert,
Hewitt New York; Hewitt (Alabama),
Hill, Hoblitzell, Holman Hopkins, House
man. Hunt. Jctfords, Jones (Wiscon-
sinl. Jones CTexas), Jordan. Kean. klelner,
Laird, Lamb, G.anham, Leieyre, Lewis,
Long, Lord, Lowering. Lowry. Lyman,
McAdoo, McMillin, Matson. Maybury,
Miller (Texas), Mills, Mitchell, Mo-can,
Norse Nul0roW. Murphy. Murray, Mutch