The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1885-02-03

tribunal by which he was convicted. and of che
President by whom its proceedings were ex-
anined and approved
t-Permit me TO inform you that In August,
1863, Mr.. Edward Everett Dir. Robert c. Win
throp and other gentlemen, signed an appeal to
President Lincoln for reopenng of my case.
This was after Mr. Everett had stniied the
record and conferred with the President for
that purpose Again, In 1864 President Lincoln
expressed his Willingness to reopen the case and
his belief that was the victim of circumstances.
This will be seen in Governor Newelrs letter of
1870 to Governor Randolph, and again, in 1878.
in his testimony before the advisory board
Il appreciate your action In annulling that
part Of the courtlnartial sentences winch made
it impossible for me to hold Office under the
government. and have taken the liberty of
quoting from your messages only for the purpose
of explanation. / know that the effect of
the conclusions Of the tribunal by which was
convicted cannot be set at naRght Phe
past is irrevoeable. No human power can re-
move mitigate the suffering unjustly imposed
upon me and which have endured for more
than twenty years ask you to deal with the
present, not with the past The effect OF the
sentence of the court martial is O present and
continuing ore Is continues as long as
am Kept out OF the profession IN which was
bred, and from whieh-as is fully shown by
facts that have come to light since my trial.
was wrongfullv elected. Acting upon your own
sense of duty ard justice you have removed
that part of the continuing sentence which dis
qualified me for restoration to the army. 1t is IN
your power to terminate the further force OF
that continuing sentence by appointing and nom
mating me to the Senate for restoration to the
army, to which / am made eligible by the
action you have already voluntarily taken.
The law provides for Just such cases as mine,
and there are many preeedents, with which l
need net trouble You in this brief appeal. The
act of July 20. 1868. provides No officer of the
army of the United States who has been or shall
hereafter be cashiered or dismissed from the
ty~rs 49, .ffa al
formally approved by the proper authority, shall
ever be restored to the military service except
oy reappointment, confirmed by the Senate OF
the United States
You had objections to the special course of
action prescribed in the vetoed bin If you con-
tinue to adhere to the views expressed IN your
message, may not indulge the hope that under
the general act of 1868. just cited, you will, in
the exercise of your constitutional power, reap
point and nominate me to q suitable vacancy
which may exist may occur in the armyg
If however, you believe that course
nat within your power, ! respectfully
ask you, By special message, To refer nay case to
Congress- with the suggestion that tho recon-
Inendation of tic advisory board oe carried out
by such action as in their wisdom shall seem ex
pedient and just.
This appeal toyou is prompted by q deep sense
Of the wrong and injustice done me and of my right
TO receive the utmost measure of vindication
that car be accorded TO me have made my
appeal for redress continuously from time to
time IN every form that seemed open to me-
and now adopt this as the only one in which
ran present it at the present time.
Conscious of my innocence and of the justice
and righteousness of my case, would respect
fully but earnestly appeal to you to take such
action as can now be had for the purpose of re-
storing me ~ the position of which was
justly andcruelly deprived.
Very respectfully yours,
''FITZ JOHN PORTER"
The letter is accompanied by an extended re-
view of the opinion of the Attorney general on
the act for the relief of General Porter This
review was prepared and is signed by John C.
Bullitt, Joseph FL. Choate and Arson Maltby,
who are acting as General Porter's counsel