The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1884-07-10
NATIONAL LAW MAKERS.



sissippi; for the relief OF soldiers improperly
chas ged with deseriion, and To grant pension OF
$50 per month TO the widow OF Gen. James B.
Steedman. IL was agreed TO refer TO tho Com
mittee on Finance resolutions for the redemp-
ton OF 10000 900 trade dolgrs. and for an inves
tgation into the condition OF the banks IN New
York. In the House or Representatives, the
Conference Committee on the naval appropria-
ton bill announced its inability 70 agree. ob-
lection bel q made to the items for the now
cruisers and to continue work on the
monitors. The House voted to insist on
its disagreement both of these ques-
tons, and new conferrees were appointed.
The Conference Committee ON the postofiice
appropriation bill reported failure to agree on
the items OF railway mail clerks and for compen-
sstion to land-grant roads, but the House voted
To recede and accept the Senate's decision. The
fertilization bill was discussed in the House
again, Mr.. Randall offered bill embodying the
views of the minority. and pending a vote to
substitute this for the bill reported by the ma
Jority. the House adjourned.
The Senate passed the sundry civil apprQ
priation bill OH the I'd inst, after striking on,
the clause providing salaries instead of fees 70.
United States Marshals. The House, by q vote
of $50 to o. adopted the Notifications bill recon-
mended by the minority OF the committee
which considered the measure 1t appropriates
900. The majority recommended a bill ap-
propriatng 81 100000. The President sent to
the House message vetoing the bill for the re-
lief of Fitz John Porter, the Attorney General
having pronounced II unconstitutional. The
Immediately passed the measure over the Presi-
dents veto by LOB to Is. The President, IN his
ney General regarding the consttutonality OF
the bill, and says: There are other
causes that deter me from giving this
bill the sanction of my approval. The
than twenty years since Gen. Fitz John Porter
was tried and convicted. was pronounced by a
tribunal composed of nine general officers OF
distinguished character and ability. Its inves-
tigation OF the charges OF which IL found the
accused guilty, was thorough and CONSCIENTIOUS.
and its findings ana sentence in due course Of
law approved by Abraham Lincoln. tn IL Prest
dent of the United States. It's legal compe-
tency, its jurisdiction of the accused and
stantial regularity of all its proceedings, are
matters which have never been brought in Gues-
ton. It's JUDGMENT, therefore. is final and CON-
elusive In its character. The Supreme Court Of
the United States has recently declared that
CO urt-martal 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, resi- on the same
basis and are surrounded by the same consid-
erations which give conclnsiveness to the judg-
ments of other tribunals. including as we'll
the lowest as the highest" IL sol-
lows accordingly that when lawfully
constituted-court martial has duly declared Its
findings andi sentence and The same has been
duly approved, neither the President nor Con-
gress has any power to set them aside. Tie es-
istence of such power il not openly asserted
nor perhaps is It necessarily implied in the
a.
when its enacting clauses are read in the light
of the recttals Of its preamble. il will be seen
that 1t seeks in effect a practical annulment OF
the findings and sentence or u competent court
martial. conclusion ut variance with these
findings has been reached after investigation by
board consisting OF three officers OF the army.
This board was not created in pursuance Of any
statutory authority, and was powerless 10 COM
pei the attendance OF witnesses or TO pronounce
Judgment which could be lawfully enforced.
The officers who composed IL, in their report TO
the Secretary of War, dated March 10. 1879.
state that in their opinion Justice requires
such action rs may be necessary TO
annul and set aside the findings and sentence
of the court-martial In the case of Maj. Gen.
Fitz.John Porter, and to restore him to the posi-
ton of which their sentence deprived him, such
restoration TO take effect from the date
of his dismissal from office. The pro-
visions OF the bill now under consideration are
avowedly based on the assumption that the
findings OF the court-maxSial are found 10 be err
roneous But 1t will be borne I'm mind that the
inves igation which II claimed to have resulted
In this discovery was made many years after the
event to which these findings related and under
circumstances that made It imp possible TO repro
duce the evidence on which they were based. II
seems to me that the proposed legislation would
establish dangerous precedent, calculated to
imperil in no small measpre the binding
force and effect OF the Judgments Of the va
rious tribunals established under our Constitu-
ton and laws. L have already. In the exercise
of the pardoning power with which the Prcst-
dent is vested, RENTED the continuing penalty
that made 1t impossible for Fftz John Porter to
eminent of the United States. But am un-
willing TO give my sanction to any legislation
which shall practically annul and set ut nauRht
the solemn and deliberate conclusions of the
tribunal by which he was convicted aud of the
President by whom the findings were examined
and approved.
THE anti-Chinese bill passed the Senate on
the Sd inst, by vote Of ~ to IL. The Senate
by vste Of 81 to ~ failed to pass the Fitz John
Porter bill over the Presidents veto. resolu-
ton was adopted for an inquiry into che capa-
city of the steel-preducing works In the United
States and the tools In the navy-yards to furnish
outfits for new vcesek or guns for seacoast de-
lenses. The bill to forfeit unearned lands grant
ed to the Atlantic and Pacific Railroad pass
ed, with amendment TO refer to the cous<s
the question OF title after forfeiture.
In the House of Representatives the select COM
mi tee male a report that William II. English
was not guilty of breach of privilege while a
minority declare that he lobbied oil the floor in
the interest OF his son. The House refused to
concur in the Senate amendments TO the FORTH
cation appropriation bill, and appointed new
conferrees. An attep pit TO pass the Mexican
pension bill was followed by the loss OF n
quorum.
BILLS to pension the widow of Gen Ord, 70 In
crease the allowance 20 Mrs. Frank p. Blair. and
to authorize the retirement of Gen. Averil with
the rank of Colonel passed the Senate on the 4th
inst. The conferrees on the deficiency appro-
prtation bill were reappointed, as the Senate in
sisted on its amendments. The postal
telegraph bill was postponed for the session.
The House of Representatives resumed consid-
Grafton OF the Mexican pension bill. and az a
quorum was not present n call of the House was
ordered. motion to recede from disagree
ment TO the amendments made by the Senate to
the general deficiency appropriation bill was
lost, and the conferTees were reappointed. The
conference report on the river and harbor ap-
preparation was agreed TO-