The Jackson standard. [volume] (Jackson C.H., Ohio) 1847-1888, 1886-07-29

Gne r1OnbS OF any OIL Gue uepdl IileHbS
of the Government, but to keep with
in the purview and meaning of the
Constitution. We are restricted in
the Constitution the same as the other
departments. Within those bounds
we ought to keep and we ought not to
go beyond hem
Honever. shall leave that branch
Of the subject and take up the next
branch Of the CASE, which has TO IA
certain extent been commented on by
the Senator from New Jersey MIR.
Sewell |. [ have maintained in the
Senate and elsewhere that for the vio-
lation of an order of a commanding
officer, for refusal to obey it. or for
failing to obey it, the law under the
articles of war fixes the penalty OF
death, or any other punishment which
the court-martial may deem proper.
This man was tried and convicted
upon evidence that | have heretofore
stated, fairly and truthfully. | have
no prejudice against this man. and
without prejudice [ have tried to place
the evidence fairly before the country
so that it might be judged of impair
TALLY, but it has been spread before
the country time and again by the
friends Of this man in a distorted
shape-in fact presented in such a
way as to be without truth as its ba-
sis. By a misapprehension of the
facts many have protested the inno-
cence Of Porter. | now state, in the
commencement Of my examination Of
the testimony, that there has not been
one statement made in reference to
the condition Of the two armies or the
troops at the time, or the troops that
confronted this man, that has one SOL
itary fact to stand upon, and I will
demonstrate il. 7 have done it over
and over again, and / shall do it now.
1t is by this deception and misrepre-
sentation that letters have been OBJ
tained from great men in this country
sympathizing with this man because
as stated he had been improperly
found guilty.
But | do not consider this to be the
trial Of Fitz-John Porter. This bill
is mere dodge, for it was determined
by the Supreme Court of the United
States about the time that this case
was first argued in the Senate that the
Judgment Of court known as the
courts-martial of this country when
approved by the President was final,
and there is no power to reopen and
re-examine the case. | maintaine it
as the law that the judgment Of a
court-martial was the same thing
when approved by the President of
the United States as decision Of the
Supreme Court Of the United States,
that their decision when approved was
final, and that there was no power to
reopen and re-eXamine it.
That being the case, you ignore the
courts decision and provide that this
man shall be placed back although
dismissed, when you have no power to
reopen and revise the Judgment. But
you whip the devil around the stump
by putting a man back in the same
place from which the court-martial
dismissed him. You have no power
whatever to revise the Judgment of
the court, still you do revise it, you do
overturn it, you do declare it null and
void, and you do put him in the posi-
ton he occupied at the time he was
dismissed. If that is not a reversal of
the Judgment, if that is not a reopen
ing and rehearing of it, in an indirect
mode. then do not understand it.
But as [ have maintained before,
this is not the trial Of Fitz-John Por-
ter. He has been tried. This is the
trial of Abraham Lincoln, who ap-
proved the sentence. This is the trial
of James A. Garfield, General Hunter,
and the brave and honest men who
sat upon the court-martial with them,
and who tried and pronounced him
guilty. We are told that they erred
that new discoveries have proved their
mistake. If [ do not demonstrate to
the Senate, or the country, whether
the Senate may hear me or not, that
every particle Of evidence before that
court upon which they found him
guilty is substantially confirmed by
the reports Of Confederate officers as
well as Union officers, I will agree
that Fitz-John Porter was not guilty.
Mr.. GRAY. Will the Senator give
me the reference of the case in the
Supreme Court of which he spoke, if
he has it convenient?
Mr.. LOGAN (handing a paper) If
the Senator will look through this
argument he will find it. I referred
to it and quoted it in my former argu-
ment.
Now, let us see whether [ am cor
rect or not The first proposition [
state is that Fitz-John Porter failed
to comply with the order of his COM
manding officer and not because he
could not comply with it. | will put
the order in my argument. 1t is the
same order read by the Senator from
New Jersey Mr.. Sewell yesterday,
and in the following words:
HEADQUARTERS ARMY OF
VIRGINIA, BRIsToE STATION,
august 81, 1S62-6:3O p. m.
"GENERAL: The Major General COM
manding directs that you start at 1
o'clock tonight and come forward
with your whole corps, Or such part
of it as is with you, so as to be here
by daylight tomorrow morning.
IooheI HAS Hdu d very SEVERE dCGlOH
with the enemy, with the loss of
about three hundred killed and wound
ed. The enemy has been driven back,
but is retiring along the railrad We
must drive him from Manassas, and
clear the country between that place
and Gainesville, where Mcdowell is.
If Morell has not Joined you send
word to him to push forward imme-
diately; also send word to Banks to
hurry forward with all speed to take
your place at Warrenton Junction
1t is necessary, on all accounts, that
you should be here by daylight. |
send an officer with this dispatch who
will conduct you to this place Be
sure to send word to Banks, who is on