St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1885-02-03
FITZ JOHN PoRTER'S APPEAL.
Appeni of Mr.. Porter to the President
Was the Decision of brewster
Corracto

WASHINGTON, Feb. 2.--In response to the
house resolution offered by Representative
Slocum, the president to-day transmitted to
congress the recent appeal of Fitz John Por-
ter to him in his own behalf. The following
is the appeal:
''MoRRsTowN n. Y, Oct ID, sS4.-To the
president, Washington, u. G. Sir: i most res
pectfully and urgently renew to you my oft
peated appeals to the COVE rnment for justice.
On the I'd of August last yon vetoed bill
passed for my relief. / understand from your
message that your action was based upon Attor-
ney General Brewster's opinion concerning the
constitution and legal points in the case. | beg
your attention 10 the enclosed paper furnished
by Mr. John G. Bullet from the generous
promptings OF his love of justice, without my
pre- Tious knowledge, certainly not at my request.
1t has been concurred in by Mr.. Joseph Il.
Choate and Mr.. Anson Maltley, also familiar
with the facts and law. II conclusively shows,
/ think that the attorney general has fallen into
error.
l respectfully asksyou to take up the questions
discussed by Mr.. Bullitt, and, IL you concur in
his views, to adopt such action IN my behalf,
as you may deem proper under the crcurn-
stances. There are some con- n-tltutional and
legal questions connected with the court martial
which are not vouched by Mr.. BuIlitt. They are
fully treated in the review by hon. Reverdy
Johnson and Charles O'Conor and Mr.. Choate,
aud OF record In the proceedings Of the
advisory board. But for cases OF references, l
append tlnese Documents
In consideration OF the arguments contained
in this paper and of my apprehension. that the
views Of Mr.. johnson and Mr.. OConor and
Mr.. Choate may not have been brought espec-
tally to your notice, venture 70 beg your
further attention to the subject,
YoUE VETO MESSAGE SAYS:
II have already, In the exercise Of the par.
doning power with which the president is vested.
remtted the continuing penalty that made II i'm
possible for Fitz John Porter TO hold an Office of
trust or profit under the government OF the
United States. But am unwilling to give my
sanction to any legisation which shall practically
annul or set at naugbt the solemn and deliberate
conclusions Of the tribunal by which he was con-
victed, and Of the president by whom its pro-
ceedings were examined and approved.
Permit me 10 inform you that in August, 1883,
Mr.. Edward Everett, Mr.. Robert G. Winthrop
and other gentlemen signed an appeal 10 Presi-
dent Lincoln for reopening Of my case. This
was after Mr.. Everett had studied the record and
conferred with the president for that purpose
Again in 1861 President Lincoln expressed his
willingness to reopen my and his belief
that l was the victim Of circam>taDces, This
will be seen in Gov. Eewell's letter of 1870 to
Gov. Randolph, and again, in 1873, in his testi-
mony before the advisory board.
IAPPEEcfATE YOUR ACTION
IN aDnuliIDz tDot part Cd Inc court UarLIaI sem
tence which md; # impossible for me 70 hold
Office under the government and have taken
the liberty Of quoting from your message only
for the purpose OF explanation. know that the
effect Of the conclusions OF the tribunal by which
was convicted cannot be set at nangnt. The
past IL irreyocable. No human power can
move or mitigate the suffering unjustly imposed
upon me- and which have endured for more
than twenty years. ] ask yon to deal With the
present not with the past. The effect Of the
sentence Of the court martial Is a present and
continuing one II continues a. long as am
kept out OF the profession In which was bred,
and from which--as il fully shown by the facts
that have come 10 light since my TRAIL was
wrongfuly elected. Acting upon your own
sense Of duty and justice you have removed that
part Of the continuing sentence which disqualified
me for restoration 10 the army. II is In your
power 70 determine the force Of the continuing
sentence By appointing and nominating me 10
the sei az for restoration TO the army, 10
which an made eligible By the action yo1 have
already voluntarily taken
TIE Law PRovIDEs
for Just s1rh cases a. mine, and there are msny
precedents with which need not IT uble jon in
this brief appeal. The act Of July 20, 1858,
provides:
..No oaacer Of the army Of the United States
Gho has been or shall hereafter be csshiered or
dismissed from the service By sentence Of geu-
eral eoart martial, formally approved by the
proper authority, shall ever be restored to the
military service except by fesppointment BY
the senste Of the United States"
You had objections to the special coarse of
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