1884. CONGRESSIONAL RECORD-HOUSE.

HOUSE OF 'REPRESENTATIVES. The substitute was agreed to; and the resolution as amended was. adopted. FRIDAY, Febr'ltary l, 1884. Mr. DOCKERY moved to reconsid~r the vote by which the resolution / The House met at 12 o'clock m. Prayer by the Cha.plain, Rev. JOHN was agreed to; and also moved that the motion to reconsider be laid oa S. Lnn>SAY, D. D. . the table. The Journal of yffiterday's proceedings was read and approved. The latter motion W:lJ! agreed to. ORDER OF BUSL.'fESS. CLERICAL FORCE IN THE DEPARTMENT OF JUSTICE. The SPEAKER, by unanimous consent, laid before the House a letter Mr. SLOCUM. I call for the regular order. from the Attorney-General, asking for an increase of the clerical force Mr. TURNER, of Georgia. I desire to submit a privileged resolu­ in the Department of Justice; which was referred to the Committee on tion. Appropriations. The SPEAKER. Is it of a public or a private nature? DISCHARGE OF EMPLOYEs DURING VACATION . OF CONGRESS. APPROPRIATIO:s- FOR DESTITUTE INDIANS. Mr. DOCKERY. I ask unanimous consent to introduce for refer- Mr. ELLIS. I rise to a privileged question. The Senate have de­ ence the resolution which I send to the desk. sired a conference on the disagreeing votes of the two Houses on th~ The SPEAKER. The resolution will be read. joint resolution (H. Res. 121) appropriating $50,000 for the support of certain destitute Indians. · The Clerk read as follows: The SPEAKER. That is such a matter of privilege as· the Chair .Resolved, That Rule IT be amended by adding thereto the following: "Prcwided, That no employe shall be removed except for cause during the thinks ought to be entertained even after a call for the regular order on vacation of Congress." Friday, relating as it· does to a communication from the Senate concern­ The resolution was referred to the Committee on Rules. ing a conference upon amendments to an appropriation bill. PERNETTA HENDLEY. Mr. ELLIS. I move that the House insist on its disagreement to the­ Senate amendment to t!!e joint resolution and agree to the conference Mr. DOCKERY, by unanimous consent, introduced a bill {H. R. asked by the Senate. . 4386) for the relief of Pernetta Hendley; which was read a first and rhe motion was agreed to. second time, referred to the Committee on Pensions, and ordered to be The SPEAKER. The Chair appoints as conferees on the part of the­ printed. House the gentleman from Louisiana, Mr. ELLis, the gentleman from pLERK FOR COMMITTEE. Indiana, Mr. HoLMA.J.'f, and the gentleman from Kansas, Mr. RYAN. Mr. DOCKERY. Mr. Speaker, I am directed by the Committee on COIDIITTEE ON ELECTIONS . .Accounts to submit a privileged resolution for immediate consideration. The SPEAKER. The resolution will be read. Mr. TURNER, of Georgia. The privileged matter to which I desire­ The Clerk read as follows: to call the attention of the Chair. and the House is a resolution that the­ Committee on Elections have leave of the House to sit during the ses­ Resolved, That the Committee on Expenditures in the Interior Department be allowed a. clerk, who shall be paid out of the contingent fund of the House. sions of the House. The SPEAKER. The question is upon the adoption of the resolu­ The SPEAKER. The Chair, if there be no objection, will entertain tion. that resolution. The resolution submitted by the gentleman {rom Mr. DOCKERY. There is a substitute- Georgia will be read. MI. HOLMAN. I desire to have the report read, in order that it The Clerk read as follows: Resolved, That the Committee on Election.s a.nd subcommittees of said com­ may be spread upon the record. mittee have leave to sit during the sessions of the House. The Clerk read as follows: The resolution was adopted. The Committee on Accounts, to whom was referred the resolution of Mr. YOUNG- 'ORDER OF BUSINESS. " That the Committee on Expenditures in the Interior Department be allowed a. clerk; who shall be paid out of the contingent fund of the House,"­ Mr. HATCH, ofMissouri. Mr. Speaker-­ r~ctfully report the following substitute, and ask that it do now pass : Mr. BAYNE. I call for the regular order. ' Resolved, That the Committee on Expenditures in the Interior Department This be allowed a. clerk, who shall be paid out of the contingent fund of the House at The SPEAKER: being Friday, the regular order is the call of the same rate of compensation now paid committee clerks for the present Con­ committees for reports of a private nature. gress." Mr. BAYNE. I move that the morning hour be dispensed with. Mr. KASSON. I should like the gentleman from l\Iisdouri [Mr. Mr. HEWITT, of Alabama. I n.sk unanimous consent to have· DocKERY] to explain whether this makes a permanent clerk; and also, printed some extra copies of the report of the Committee on Pensions, as the report does not state it, what is the occasion for this. report 115, as the supply is exhausted. I ask the gentleman from Penn­ Mr. DOCKERY. There is a further report which I ask the Clerk t.o sylvania to yield for that purpose. read, and which will expln.in the necessity. The SPEAKER. The regular order is insisted on by other gentle­ The Clerk read as follows: men, and unless that is withdrawn the Chair can not entertain these In support of the resolution we offer the following statement of facts: requests. By the provisions of the thirty-fourth section of the eleventh rule of the House The question being OO.ken on Mr. BAYNE's motion to dispense with of Representatives the Committee on Expenditures in the Interior Department 146, 11. · is charged with the duty of examining the accounts and expenditures of that the morning hour, there were-ayes noes Department of the Government, the manner of keeping the same, the correct­ So (two-thirds having voted iB. the affirmative) the morning hour was. ness of such expenditures, their conformity with appropriation laws, the proper dispensed with. application of public moneys, the security of the Government against unjust nnd extravagant demands, retrenchment, the enforcement of the payment of Mr. SLOCUU. I move that the House now go into Committee of moneys due to the United States, the economy and accountability of public offi­ the Whole House on the Private Calendar to consider the bill for the­ cers, the abolishment of useleSs offices, the reduction or increase of the pay of relief of Fitz-John Porter. And I further move that after two hours. officers, and further provides that all these subjects shall be within the juris­ diction of said committee. and forty-five minutes from the commencement of the consideration of Your committee believe these to be important duties, and that no committee that bill in the committee general debate be closed. of the House can properly discharge them without the aid of a. competent clerk, The SPEAKER. The Chair will state the question. The gentle­ whose entire time and services should be at the command of the committee. In addition to these general duties assigned by law to this committee, your man from New York [Mr. SLOCUM] moves that the House now re­ committee find that other special duties have been assigned it by order of the solve itself into the Committee of the Whole on the Private Calendar House, which will necessarily require a considerable amount of clerical labor, for the further consideration of the bill tor the relief of Fitz-John Por­ and which can not be properly discharged without it. A recent resolution of the House has directed it to make an investigation of the manner in which an ter; and pending that motion the gentleman moves that at the expira­ important public work on the Hot Springs reservation is being conducted, with tion of two hours and forty-five minutes from the time the considera­ a view to ascertain its durability, its conformity to the requirements of law, a.nd tion of that bill shall be commenced general debate shall close. its probable effect upon the health of the town of Hot Springs; a.nd, aJso, with a. view of ascertaining whether or not the money appropriated by the Govern­ Mr. STEELE. There are several gentlemen on the list to speak upon. ment for the construction of said work has been properly expended. This in­ that bill. They have prepared speeches, hoping that they may be heard. vestigation, if properly made, will necessarily involve an examination of a I trust that gentleinen on the other side will not undertake to cut off' number of contracts, plans, specifications, a.nd accounts, which will require more time and clerical labor than a.ny member of a. committee could well de­ debate to-day. Let us have all of to-day for general debate. The gen­ vote to it. tleman from Maine, Mr. BOUTELLE, is prepared to speak and should Your committee also find that the Secretary of the Interior has directed a. let­ have an opportunity to be heard. It was the understanding that he ter to this committee calling attention to the manner of disbursing public money to various inRtitutions under the care of and supported by the Government, and should be given time to speak hj>on this bHl. I trust.that gentlemen suggestio~ that the same be e:xa.mined with a. view t-o greater economy and effi­ on the other side will not OO.ke OO.vantage of numbers to cut off debate­ ciency in 1ts expenditure. This would also, if entered upon, require the services to-day. and assistance of a. clerk. In view of the facts above stated your committee respectfully recommend Mr. MAGINNIS. I do not believe that ~y other private bill that that the resolution be a{lopted by the House, ~th an amendment fixing the ever came up before the House has had the full and free debate which compensation of the clerk therein provided for at six dollars per da.y during the this hill has had. It has been discussed in all its aspects and in every ses tons o£ Congress. All of which is respectfully submitted. particular. I would say to my friend from Indiana [Mr. STEELE] that if the general debate is allowed to run for to-day and to-morrow, and The SPEAKER. The question is upon the adoption of t1te substi:. even to continue afterward, at the end of the time fh.:ed for closing tnt<' reportPn by the committee for the resolution referred to them. general debate there will be gentlemen who will want to speak._ 800 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 1,

I can say this with more freedom_because I myself h intended to WoLFORD] is entitled to the floor for forty-two minutes·remaiiling' of speak Oll this bill. I was one oft.he members of the committee that re- his hour. . ported it, and one of the first whose. names were upon the list of the Mr. WOLFORD addressed the committee. [See Appendix. J chairman of the Committee of the Whole. But I gave up my time in The CHAIRMAN. The time of the gentleman has expired. ' order that the Private Calendar might not be blocked for the entire Mr. THOMPSON! I ask that the time of my colleague be extended. session. From what I know of the temper of thp House I think that The CHAIRMAN. Tlle Chair desires to state that the time for gen- the debate ought to close at the time mentioned by the gentleman from eral debate has been limited by order of the House, and the Chair has New York [Mr. SLOCUM]. Members will then have an opportunity to already allotted the time. An extension could not be made unless the debate under the five-minute rule, and no doubt those gentlemen who committee should rise so as to obtain an order of the House. may not have time to speak will be allowed to print their speeches in l'!fr. THOMPSON. I ask that additional time be allowed my col- the RECORD. league, by unanimous consent, not to come out of the time which has The SPEAKER. This qu.estion is not debatable, but th-e Chair in-. been fixed by the House. dulges members now in or.der to ascertain if some understanding can The CHAIRMAN. It must come out of the time of other gentle- not be arrived at. men, because the time for general debate has been limited. Mr. REED. I would suggest to the gentleman from New York [Mr. Mr. WOLFORD. I can soon get through. SLOCUM] to make thetime forgeneraldebatethreehoursand forty-five Mr. BROWNE, of Indiana. I hope the gentleman will have addi- minntes. tional time. Mr. TOWNSHEND (to Mr. SLOCUM). Do that. The CHAIRJ\IAN. It can not be granted unless it comes out of the Mr. MAGINNIS. And have it understood that the previous ques- time of other gentlemen. tiori. will be considered as ordered at the end of that time. Mr. ROBERTSON. Can not my colleague's time be extended by Mr. REED. We are willing that general debate shall close in three unanimous consent? Every other gentleman who has spoken on this " hours andforty-fiveminutes. I think the situation is.such that at least bUl has had his time extended if he desired it. that much should be allowed. Members have had their names on the The CHAIRMAN. That may be true; but the Honse has made an list of those desiring to speak for a great number of days. I think if order limiting the time for debate, and the Chair must enforce that that is done it would be satisfactory to every one. . order. Mr. SLOCUM. I will adopt the suggestion of the gentleman. Ml'. ROBERTSON. We can rescind that order by unanimous con- Mr. STEELE. The debate then to proceed under the five-minute sent. rule. The CHAIRMAN. The Committee of the Whole can not set aside an Mr. COX, of New York. You cannot get rid of that. order of the House as to the limitation of time. Unless the House Mr . .UAGINNIS. That will be a matter for the Committee of the should rescind its order the Chair will insist that every member oc- Whole. , . cupying the floor shall be confined to the time prescribed by the rules. The SPEAKER. The Chair understands that the gentleman from M:r. THOMPSON. I ask that my colleague be allowed to print the New York [Mr. SLOCUM] accepts the suggestionofthegentlemanfrom remainder of his remarks. Maine [Mr. REED], that there be three hours and forty-five minutes' The CHAIRMAN. If there be no objection, the gentleman from general debate upon the bill now pending in Committee of the Whole Kentuckv will be allowed to extend his remarks in the RECORD. on the Private Calendar. If there is no objectioh, that order will be Mr. WOLFORD. There was an argument that I wanted to make, made. and to reply as a personal privilege to a question propounded to me by There was no objection, and it was ordered accordingly. my distinguished friend and colleague. [Mr. WHITE]. I hope to have The motion of Mr. SLOCUl\I that the House resolve itself into Com- the privilege of printing that, too. [Cries of "Yes!" "Yes!"] mitteeoftheWholeHouseon the Private Calender was then agreed to. The OOAIRMAN. Is there objection? The Chair hears none. The House accordingly resolved itself into Committee of the Whole Mr. WHITE. I have no objection to that., provided the gentleman (Mr. SPRINGER in the chair). · will print also what he said in the city of Lexington on the day re- The CHAIRMAN. The House is now in Committee of the Whole, ferred to. · and resumes the consideration of the bill (H. R. 1015) for the relief of Mr. WOLFORD. That is exactly what I propose to do. Fitz-John Porter. The gentleman from Kentucky [Mr. WoLFORD] is The CHAIRMAN. The Chair put the request ·that the gentleman entitled to the floor. be allowed to extend his remarks in the RECORD, and heard no objection. Mr. RANDALL. Before the gentleman from Kentucky [Mr. WoL- .Mr. CALKINS. Mr. Chairman, it has been said to me several times FORD] proceeds, I will ask him to yield, that the House may accede to since this bill has been pending that it is unnecessary for those oppo ed the request of the Senate for a committee of conference. to Fitz-John Porter's restoration to the Army to make any further oppo- Mr. WOLFORD. Not to be taken out of my time. sition to the bill, because "It is going to pass.'' _I know that. I un- Mr. RANDALL. Certainly not.. derstand perfectly well that this bill will pass. I understand perfectly The CHAffiMAN. If there be no objection the committee will rise well that the leaf turned down twenty-two years ago in the book of his- informally for the purpose indicated by the gentleman from Pennsyl- tory is to be opened, and the action then taken is to be reversed. But vania [Mr. RANDALL]. those ofuswhoareoppo ed tothisactionwillnotadoptthemeanswhich There was no objection. we believe Fitz-John Porter used on the memorable 27th and 29th of The committee rose informally; and the Speaker resumed the chair. August, 1862, and refuse to fire a shot at the enemy. On the contrary, GREELY RELIEF EXPEDITION. we will adopt as our example the gallant conduct of the brave sailors and marines on board the ship Cumberlalld, .who, when she was swept Mr. RANDALL. I ask consent of the House that the message from fore and aft, shot through and through, and was sinking to the bottom the Senate in relation to the joint resolution making an appropriation of the sea, fired their guns at the enemy and then mounted the yard­ for the relief of the Greely expedition be taken from the Speaker's arms, and as she went down gave three cheers for their cou;ntry anit table for consideration at this time. their flag. [Applause. J The SPEAKER. The resolution of the Senate will be read. You may reverse history, you may undo what was done then, and The Clerk read as follows: you may call that a vindication. But I deny it. More than four mill- Resolved, That the Senate disagree to the report of the committee of confer- · f th te f thi try ill d 't .ence on the disagreeing votes of the two Houses on the amendment Qf the Sen- lOllS 0 e vo rs 0 s coun W eny 1 • .ate to the joint resolution of the House 119 making an appropriation \for there- I admit there is a condition of affairs now that may make it.possible, lief of Lieut. A. W. Greely and his party,composingwhat is known as the Lady nay, probable, for you to pass this bill all the way through. If there Franklin Bay expedition to the Arctic regions; and tha't the Senate further in- is such a condition of affairs I shall appea'l from that action to our su­ sist upon i,ts ameudments to the said joint resolution disagreed to by the House -of Representatives, and ask a. further conference with the House on the disa- periors, the people; and when you hear from them, you and I alike greeing votes of the two Houses thereon. must bow to their decision. Ordered, That 1\Ir. HALE, Mr. SHERMAN, a.nd Mr. SAULSBURY be the conferees An old rule oflaw is, that if you are to try a case as a J'udge or J'uror on the part of the Senate. · you must place yourself in the condition of the person being tried, so lli. RANDALL. I move that the House adhere to its disagreement near as may be, at the time the centroversy occurred, and look at the .to the amendanents of the Senate, and noaree to the further conference circumstances from that standpoint. A man in Tartary or China can .asked by the Senate on the disagreeing votes of the two Houses thereon. not be tried according to the common law, but according to the laws of The motion was agreed to. those countries. You can not try this case twenty-two years after it The Speaker announced as the conferees on the part of the House happened unless you surround yourselves with the precise condition of Mr. RANDALL, Mr. HUTCHINS, and Mr. CALKINS. things which existed then. That is the first thing for every member of The SPEAKER. The Committee of the Whole will ~ow resume its this House to. do-not to try it from the standpoint we occupy now, ~on. but from the standpoint that was occupied then; and having placed our- FITz-JoHN PORTER. selves in that situation, we are competent to award a verdict. The House accordingly resolved itself into Committee of the Whole And· this, .Mr. Chairman, leads me to speak for a moment to the House on the Private Calendar (Mr. SPRINGER in the chair). Schofield board. I · The CHAIRMAN. The House now resumes the consideration of 1'!1r. BAYNE. . That leads you to the main trial. · the bill (H. R. 1015) for the relief of Fitz-John Porter. By order of 1'!1r. C.Ank.INS. I will come to that soon E:nough for my friend 8 ben- the House all general debate upon this bill has been limited to three efit. There has not been an advocate nor an apologtst for Fitz-John ihours and forty-five minutes. The gentleman from Kentucky [Mr. Porter on this floor who has not planted h~lf on the award or find- 1884. CONGRESSIONAL RECORD-HOUSE. 801 - ing made by the Schofield board. Without it they have no basis upon Hooker has had a very severe action with the enemy, with the loss'of about three hundred killed and wounded. The enemy has been driven back, but is return­ which to stand-not even General Grant's letter, because that was ing along the railroad. We must drive him from :Manassas and clear the country written after the Schofield board had reported and is based on it. between that place and Gainesville, where General McDowell is. If Morell has What was the Schofield board? I appeal to you, each one of you, joined you, send word for him to push forward immediately. Also send word to Banks to burry forward with all speed to take your place at Warrenton on both sides, to answer, what was that Schofield board? Every gen­ Junction. tleman on this floor admits it was organized without authority of law. It is necessary on all accounts that you be here at daylight. I send an officer It was organized by an arbitrary aet of the Pr~ident; and when organ-· with tills dispat-ch who will conduct you to this place. Be sure to send word to Banks, as he is on the road from Fayetteville, probably in the direction of Beale­ ized it had no power to subprena witnesses or administer oaths. Every ton. Say to Banks also that he had best run back the railroad trains to this side man who made his statement before that board could have willfully of Cedar Run. If he is not with you, write him to that effect. falsified any fact and would have been answerable to no tribunal and By command of 1\Iajor-C'nmeral Pope. GEO. D. RUGGLES, committed no offense in law. And this board, so constituted without Colonel and Chief of StajJ. authority of law, extrajudicial, made a finding, and upon that finding P. S.-lf Banks is not at Warrenton Junction, leave a regiment of infantry ana you plant your arguments to overthrow the verdict and judgment of a two pieces of artillery as a guard until be comes up, with instructions to follov­ constitutional court, organized under the formsoflaw, amenable to the you immediately. If Banks is at the junction, instruct Colonel Cleary to run oath of office, and answerable under the severest penalties for violations the trains back to Cedar Run, and post a regiment and section of artillery with i\ By command of Major-General Pope. of duty. • GEO. D. RUGGLES, Let me illustrate. Recently the Supreme Court of the United States Colon& and Chief of Staff. decided the civil rights law to be unconstitutional. There can be found Maj. Gen. F. J. PoRTER, Warrenton Junction. three eminent lawyers in the United States who entirely disagree with This order was received by Porter at 9.30 in the evening, and was the Supreme Court in its decision. Now, suppose the President of fhe disobeyed by him. Instead of moving at 1 o'clock as ordered, he did United States should select, without law and without authority, three not leave until 3, which brought him to Bristoe a few minutes after 10 lawyers to sit and deliberate on this decision and render an award, and the next day, instead of at daylight, as General Pope expected. having done so adversely to that decision we should bring it in here The distance•between Bristoe and Warrenton Junction is about nine and seriously predicate an argument on such a finding as that against miles. the decision of the Supreme 0ourt of the United States and the court The next order wa as follows: itself, what would you gentlemen who favor Fitz-John Porter do? HEADQUARTERS ARMY OF VIRGINIA, Why, you would tear it into shreds and throw it in our teeth, as you Centret'ille, August 29, 1862. would have a right to do; and yet the only basis you have to stand Generals MCDOWELL and PORTER: upon is a decision as void and of as little effect as a decision of that You will please move forward with your joint commands toward Gainesville. I sent General Porter orders to that effect an hour and a half ago. kind would be. Heintzelman, Sigel, and Reno are moving on the Warrenton turnpike, and But you state that General Grant.has written a letter, and that he are now not far from Gainesville. has acquitted Gent:ral Porter. And the gentleman from New York I desire that as soon as communication is established between this place and your own, the whole command shall halt. It may be necessary to fall back: be­ [1\ir. SLoCIDI] has seemed utterly dazed that any gentleman on this hind Bull Run, at Centreville; I presume it will be, also, on account of our sup­ side of the House should dare disagree with General Grant. He went plies. I have sent no orders of any description to Ricketts, and none to interfere further, and declared on the floor that there were not to exceed ten in any way with the movement5 of General McDowell's troops, except what I sent by hisaid-de-cc'l.mp, which were to hold hls posit.ion on the 'Varrenton pike men in the eDtire House who could ever be competent to try and de­ until the troops from here should fall on the enemy's flank and rear. termine the questions here involved. I suppose my friend included I do not know even Ricketts's position, as I have not been able to find where himself in the ten. General McDowell was until a late hour this morning. Generall\IcDowellJWill take immediate steps to communicate with General Ricketts, and instruct him I admit General Grant has written both the letter referred to by my to join all the divisions of his corps as soon as practicable. friend from Michigan [MP. CUTCHEO:N] and the letter published in If any considerable advantages are to be gained by departing from this order the North American Review, from both of which, and from each of it will not be strictly carried out. One thing must be held in view, that the troops must occupy a position from which they can reach Bull Run tfo-nigbt or to-mor­ which, a glance will tell you that his decision, if I correctly understand row morning. The indications are that the whole force of the enemy are mov­ him, 'was based on a misapprehension of the facts. ing in this direction at a pace that will bring them here by to-morrow night or I think more of General Grant than any of Fi tz-John Porter's friends the next day. My headquarters for the present will be with Heintzelman's corps or at this do. I commenced my services in the Army in a humble way und~r place. him. He had then just been promoted to a brigadier-general. Some JOHN POPE, gentlemen who I see here to-day were with rte a£ that time. ·-My un­ Major-Gene1·al Commanding. .derstanding has always been tll.at General Grant's soldiers obeyed his Porter at this time was at .Manassas . orders. When he ordered a disembarkation at Fort Henry the water The third order was as follows: HEADQUARTERS IX THE FIELD, was up to our waists, but we obeyed. When he ordered a charge upon August 29,1862-4.30 p. m. Fort Donelson three days in succession against an abatis almost impass­ Major-General PORTER: Your line of march brings you in on the enemy's right able, I never saw a. soldier in that army refuse obedience. At Shiloh, on flank. I desire you t-o push forward into action at once on the enemy's flank, that bloody Sunday when twenty thousand men out of eighty thousand and if possible on his rear, keeping your right in communication with Gen­ eral Reynolds. The enemy is massed in the woods in front of us, but can be on both sides were placed hors de combat, I never saw a soldier that did !;ilelled out as soon as you engage his flank. Keep heavy reserves and.use your not execute the orders of General Grant. And so, 1\ir. Chairman, from batteries, keeping well closed to the right all the time. Incase you are obliged there to Arkansas Post and around to Champion Hills, at Vicksburg and to fall back, do so to your right and rear, so as to keep you in close communica­ tion with the right wing. Jackson, his soldiers obeyed hiR orders, and because they did obey and JOHN POPE, only for this reason he obtained the exalted position which he now oc­ MaJor-G&neral Commanding. cupies in theworld. [Applause.] 0, brave commander, Ihonoryou-I love you! But you have yielded in an evil day to the social influences, it These orders were all issued within the short space of forty -eight hours, may be, which surround you, or because you have been misled by and the disobedience of each occurred within that time. Such was the Porter anrl biq friends, and have said this man ought to go acquit. I finding of the court-martial that tried General Porter and passed sen-· beg to say to you none of your officers ever dared to disobey a like crder tence of dismissal upon him. of yours. [Applause.] ' THE ARMY OF' THE POTOMAC. Mr. ROSECRANS. May I ask the gentleman from Indiana a ques­ When the Army of the Potomac was organized, and while General tion? McClellan was in command of ~t, it was handled with that cautio:a 1\Ir. CALKINS. Not now, general; I will yield pretty soon to you and care which a general may properly adopt for a defensive army. I for a question. am not here to cast any aspersions upon General McClellan, but simply In 1862 General Fitz-John Porter was a major-ge~e_ral of volunteers, to ~rt a truth w~((h ~o persons know better than the gentlemen who and was in command of the Fifth Army Corps of the {\.rmy of the Po­ confronted1 him at that time. They, of all men in.'the army, are able tomac. His conduct, Mr. Chairman, had been gallant theretofore, and to speak with reference to his caution. One instance is proven by the he had givep evidence of devotion to his country which was equal to tact that after the confederates had evacuated Manassas it was found any man's m the service. I am glad to do him that act of justice to­ they had kept McClellan tor a long time looking into the ends of day; and inasmuch as he was a trained soldier and knew his duty, and by '' Quaker guns '' after having removed their artillery from the frown­ so far as he was advanced beyond ordinary men in this particular calling ing earthworks they had there erected. I will not detract one iota from is the standard he himselfhas erected by which he must be judged. his record. But he had a degree of caution which amounted almost Fitz-John Porter was tried and convicted before a court-martial and to absolute inaction, and he managed the Army of the Potomac in that cashiered from the Army, the sentence being that he" be cashier<.,-d, way until that i!i'ite saying "All quiet along the Potomac" became a * * * and forever disqualified from holding any office of trust or by-word throughout the whole country. honor under the Government of the United States." He was charged General Porter was General McClellan's friend. He was his boon com­ with and convicted of the consecutive violation of three orders, as fol­ panion. He leaned upon him. He breathed the same atmosphere, and lows: argued from the same standpoint. HEADQUARTERS ARMY QF VIRGINIA, BRISTOE STATIO~, Now, I want to read some of the most remarkable history that ever August '1:1, 1862--6.30 p.m. took place in the shape of cOTrespondence between the Commander-in­ GENERAL: The major-general commanding directs that you start before 1 o'clock to-night and go forward with your whole corps, or such part of it as is Chief of the Army and Navy and its. oomm.and~g general. It is well with you, so as to be here at daylight tO:.morrow morning. known.th~t the -Army of the Potomac was transferred to the Peninsula. XV-51 802 CONGRESSIONAL RECo-RD- HOUSE. FEBRUARY 1,

and after the seven day ' fight it took shelter at Harrison's Landing On the 27th Stonewall Jackson had struck Manassas and had burneC: under the prQtection of our iron-clad fleet. At Harrison's LaRding immense stores. Generall\fcClellan clung to the idea of proceeding to Richmond with On the 28th, after this occurrence, Halleck telegraphs to Franklin the energy of despair, and when.he was ordered by General Halleck to directly and orders him to '' move to Manassas.'' bring his army back to succor Pope and throw it between Washington McClellan answers this telegram, saying: I and therebelarmy, which was thenmarcllingupon this city, he answered, The moment Franklin can be pared with a reasonable amount of artillery he in a spirit of insubordination, as follows: shall go. If I save this army now, I tell you plainly that I owe no thanks to you nor to At 3.30 the same day Halleck telegraphs: any other person in Washington. * * * You have done your best to sacrifice this army. Nota moment must be lost in pushing as large force a.s possible toward l\Ia­ nassa , so as to connect with Pope before the enemy is re-enforced. On J lily 12 his telegram to the President shows that he was fearful UcClellan answers witkin a few minutes, ·saying: of being removed from the command of the army. Neither Frallklin's nor Sumner's corps is in condition to move and fight a Halleck issued the order for the withdrawal of his army from Harri­ battle. ' , son's LandingonAugust 3. ltwas repeated August 4, with directions Halleck now became angry, and telegraphed at 8.40 p. m. of August to use "all possible dispatch." On August 9 Halleck informed him 28: that the enemy was massing to crush Pope, and his (McClellan's) ''de­ There must be no further delay in moving Franklin's corp to Manassas. lay is not satisfactory," and that he must move "with all possible They must go to-morrow morning, ready or not ready. If we delay too long to celerity." get ready there will be no necessity to go at all, for Pope will either be defeated • On August 10 Halleck telegraphs him that the enemy is again fight- or victorious without our aid. ing Pope, and ''there must be no further delay in your movements. f can imagine I see the grim old soldier, after he has been for two days Much has already occurred which is entirely unexpected and must be ordering the troops out to succor Pope, when he indites that telegram. satisfactorily explained.'' Two whole days had now been lost. On the 29th, at 10.30 a.m., To this dispatch McClellan answered that he had not sufficient trans­ McClellan informed Halleck that- portation. August 12 Halleck replied- Franklin's corps is now in motion. Nearly every steam vessel in the country is now under your control. * * * But he adds: In addition to the steamers there is a large fleet of sailing vessels which could be Uf'ed as transports. I hould not have moved him but for your pres ing orders of last night. August 14 Halleck telegraphs him as follows: On the 27th McClellan had telegraphed Halleck: Burnside and Pope are hard pushed and require aid a rapidly as you can I learn that heavy firing ha.s been heard this morning a.t Centreville. send it. Napoleon's maxim for a soldier was '' March to the sound of can- The first of McClellan's troop tO reach Pope did ·so on the 23d of non." August, and only twenty thousand out of ninety thousand of the Army This dispatch of the 26th, at 10. 30 a. m., say : of the Potomac ever reached him in time for action. From the 3d of Franklin's corps is now in motion. August to the23d wasa lapse of twenty days. Fivedaysa.ttheontside Already forty-eight hours had elapsed since the ro~ of the cannon was all that was necessary to be consumed by 1\fcClell:.m to re-enforce had been heard and the battle had been reported to McClelll!->n. Pope. l\IcClellan left Fortress Monroe on the evening Of August .23 Two days of cannonading had not stirred McClellan from his moor- and arri\"ed at Aquia Creek on the morning of the 24th, and reported in()"~ to Halleck for further orders. · R~turni.ng to the 28th of ~ugust, McClellan asked Halleck: Pope had been fighting the enemy for two weeks; the engagement of Cedar Mountain was fought August 9. From that time on until Sep­ Do you wish this movement of Franklin's corps continued? tember 1 there was a succession of battles, including those of the Rap­ Now, mlllrk you, they had marched six miles in two days in the direc­ pahannock, Thoroughfare Gap, and Manassas Plains-all memorable tion of the fight. After two days McClellan telegraphed: events. Pope was slowly retiring to Washington. Shall this movement continue in the direction of the fight? Mr. Lincoln and the Secretary of War were fearful that Pope's army Says another dispatch ent by M:cClelh1>n a few moments after that I would be crushed and the national capital fall into the hands of the have just read: enemy. Franklin has near between eleven and twelve thou and men ready for duty. I may stop to remark that at this time the Army of the Potomac was How far do you wish this body to advance? under the protection of our gunboats at Harrison's Landin~. A provis­ Halleck replied: ional army had been gathered up and General Pope had been brought I want Franklin's corps to go far enough to find out something about the from the West, much against his will, and put in command of it. It enemy. * * * Our people mu t move m9re actively and find where the was called the Army of Virginia. It consisted of about thirty thousand enemy is. I am tired of guesse . men. Now mark, while Halleck was telegraphing to McClellan to push These various dispatches brought the following celebrated d.Lpatch forward to help Pope and to come to the preservation of Washington, here from McClellan. At 3.30 o clock on the 29th he telegraphed to Hal­ was what he was sayi.ngtoPope. On the 17thof AugustHallecksays: leck: Maintain a. bold front and all will soon be well. I am clear that one of two course mu t be adopted: First, to coucenh-ate all Again on the same day he telegraphs Pope that the "Army of the our available force and open communication with Pope; and econd, to leaYe Pope to get out of hi scrape, &c., at once using all our mean to make the capi­ Potomac is marching to your rescue." On August 18 he says in an- tal ~:~afe. other dispatch: · At 6 p. m. on the 29th of .-\ngn t Franklin's corp left Alexandria, Stand firm on the line of the Rappahannock until I can help you. Fight hard and aid will soon come. marched six mile , and bivouacked. Halleck beard of it and tele­ graphed: On the 21st he says: This is contrary to my orders. Juve tigate and repOrt the fact of tbi diso­ A large force will be in to-morrow. bedience. That corp ruu t pu h forward a directed. On the same day in another dispatch he says: McClellan immediately answers and assumes the re ponsibility of Hold every inch of ground, and fight like the devil until we can re-enfor~ you. Franklin's non-action. At the end of three day Franklin, under Mc­ Forty-eight hours more and we can make you strong enough. Do not yteld an inch if you can help it. · Clellan's orders, had been able to get ix miles in the rli..rection of the enemy. On the 30th Halleck patience was worn out and he tele­ ~ow examine the dispatches ent by Halleck to McClellan. Reynolds's division of twenty-five hundred men joined Pope August graphed to McClellan: I am by no means satisfied with Franklin's march ofye terda.y. Con idering 23, Heintzelman's corp on the 26th, and Porter reported for duty to the circumstances of the case he was wrong in stopping at Annandale. Pope on the 27th. All these were under way to report to Pope before :McClellan arrived at Aquia Creek. The next re-entorcementsfrom the To this l\IcClellan responds and asks where he hall end the troop . army, onder Franklin and Sumner, joined Pope at Centreville Sep­ I can i.ma!rine the feelings of General Halleck when he recei>ed this tember 1, after the struggle was over. dispatch. He then telCoooraphed back to McClellan immediately that On the morning of the 27th of August Halleck telegraphs l\fcClellan: Franklin's march had not been satisfactory, and he says ~ him, "I Pope reports a general batne imminent. Franklin's corps should move out want you to send Franklin where t4e fighting is." He did not do it, by forced marches. thonah. Neither Franklin nor Sumner ever reached Pope until the At this time General McClellan had landed at Aqnia Creek, on·the 1 t d~y of September, and then it wa too late to participate in the en­ Rappahannock, and this was the first order that McClellan got from gaO'ements which had already re ulted in a rever~ e to our arm . Halleck informing him of the battle. . My next position is that the dispatches passing between Por~er .UJ?-d McClellan replied on the same day that he had ordered Franklin to Burnside Porter and McClellan, Porter and Pope Porter and h1 dlVlS­ "prepare to march." On the &'true day Halleck repeats the order, ion co~anders were precisely in line, all breathing the same spirit ''Franklin should march as oon as possible.'' These were sent before which was breathed in these dispatches between McClellan and the 10 o'clock in the moniing. On August 28, at 4 o'clock p. m., ~IcClellan War Department. They were Joyal to McClellan, but disloyal to Gen­ answers as follows: eral Pope's authority, accoD?panied by sneers and taun~, which s~?W his Franklin is with me, but will not be in condition to move before to-morrow· the animus of Porter and utter forgetfuln of soldierly qnaJ1ties morning. waich all subordinates are bound to show to their superiors.

•'. \ ..

1884. CONGRESSIONAL RECORD-HOUSE. 803

On the 23d of August Porter was ordered to report to Pope for duty lot or part in the effort to preserve this Union. That makes altogether by orders direct from General Halleck. .J sixty-four who wore the blue during the recent war now in this Cham­ On the 25th he writes to Burnside, saying: ber. I do not like to act on uncertain data furnished by Halleck, as I know he is I notice at the same time that there are rising sixty gentlemen, all misinformed as to the location of some of the corps mentioned in some of his on the other side of this Chamber, who are willing to admit and write dispatches. themselves down as haYing borne some lot or part on the other side ot And closes this remarkable oommunication by this inquiry: that controversy. I only mention this fact to show that when we talk Does McClellan approve? to soldiers about an excuse for violating an order, all of them have On the 27th he writes as follows to Burnside : some personal knowledge concerning such matters. The gentleman from Massachusetts [Mr. LYMAN] says that he ad­ I sent you the last order, which indicates the future as well as the present. Wagons are rolling along to the rear rapidly, as if a. mighty power was propell­ mits a violation of the order took place, but he thinks the court-martial ing them . I see no cause for alarm, though this order may cause it. We are was too severe. In his judgment a reprimand would have been suffi­ marching now t.o get behind Bull Run, and I presume will be there in a few cient; he thinks that General Pope or the court-martial s~oul~ have days if strategy don't use us up. The strategy is magnificent, and tactics in in· verse proportion. scolded Porter. That is just about what the court-martial d1d do. They said to Porter, in the language of Shakspeare, "Never more be Again he say ~ : officer of mine.'' The enemy have a contempt for this Army of Virginia: I wish myself away .Uy idea about the duty of a soldier is quite different from that of from it, with our old Army of the Potomac, and so do all of our companions. I was informed to-day, by the best authority, that in opposition to General Pope's the gentleman from Massachusetts. I notice from a repo!·t tha~ just views this army was pushed out to save the Army of the Potomac, an ru:my sixty days prior to this orderto General Porter, when the FirstBngade toot could take the bestcareofitself. * * * Most of this is private; but if you of the Fifth Corps was ordered by McClellan to succor Shields-mark can get me away, please do so. you, one of the samedivis10ns of this same .corps-itmarched thirty-six In another dispatch of the same day be says: miles in ten hours and got into a fight promptly. When the order Inform McClellan , that I may know that I am doing right. was received from one man this division of this corp could march .many On the 28th he says: miles for the purpose of succoring a Union general and his troops. But All that talk about taking Jackson, &c., was bosh. * (' * Tbe,story of Mc­ on this night, the 27th of August, when General Porter was ordered to Dowell having cut off Longstreet was without foundation. I expect the next march eight or eignt and a half miles by Ge~eral Pope, the road had thing will be a. raid on our rear by Longstreet, who was "cut off." become so bad, the troops had become so tired, and the wagons so August 28, 9.30 a.m., he says: blocked up the roads that it wa impossible for General Porter to march I hope fortbe best, and my lucky star is always upaboutmybirthday. tbe31st, to the succor of Pope ! and I hopo Mac's is up also. You will bear from us now by way of Alexandria. I submit the following proof en the subject of the order of the 27th On the 29th of August, at 6 a. m., Porter says: of August, 1862. The order was delivered to him at 9.30 o'clock by Heintzelman and Heno are at Centreville, where they marched yesterday, and Capt. Drake De Kay. It was but a few moments before Porter an­ Pope went to Centreville with the last two as a body-guard, at the time not knowing where was the army, and when Sigel was fighting within eight miles nounced his decision in the premises; that is, that the night would Qf the army, within sight. Comment is unnecessary. * * * I hope Mac is certain1y be dark, and that the wagons would certainly block up the working and will soon get us out of this. It would seem from purported state­ road. He did not wait for the thing to happen, but decided that it ments of t. ~le enemy that he was wandering around lost, and I expect they know what they are doing, which is more than anyone here or anyplace else knows. would happen. Had he attempted to have made the march and failed it would haYe Thus he speaks in the most contemptuous way of General Pope, and been a tenable ground for excuse, but to say that this thing would come has nothing for him but sneers. About the same time McClellan sends to pass, and act upon it, should afford no "excuse, though in fact the oc­ this dispatch to Halleck : cuiTences as predicted did cop1e to pass. The secure confidence exhib­ I have no confidence in the dispositions mad& as I gather them. To speak ited in his report, after coming to this conclusion, is a remarkable fact frankly, and the occa ion requires it, there appears to be a total absence of in the history of the case. brains. The fact is he treated the order with the utmost contempt, and never Both McClellan and Porter breathe the same spirit in their dispatches, thought of obeying it. He simply said in his own ~d he would start and the former spends three whole days within six miles of Alexan­ when he thought it was the most convenient, and be acted accordingly. dria knowing that a battle is imminent, and the other, with t.he sound The magnificent strategy which he had before spoken of and the tactics of cannon in his ears, lies quietly by for many hours without taking in inverse proportion were ever before his mind. his troop int.o action. The urgency of this dispatch was apparent. Hooker had had a se,ere I come now directly to the order of the 27th day of August, 1862. engagement. Fitz-J ohn Porter was tried for a violation of three orders: of one known It is necessary on all accounts that you should be here (Bristoe) at daylight. as the order of the 27th of August; of another known as the joint I send an officer with this dispatch who will conduct you to this place. order of the 29th to l\IcDowell and Porter, and of another known as . There could be no greater emergency than this order described yet the 4.?0 order of the 29th .of August. Captain De Kay said to Porter when he delivered the orders: I Will not spend much trme on these orders, because every gentleman ~.ll I t t th t th The last thing General Pope said to me on leaving Bristoe was, that I should W h 0 has preced ed me h as dis cusse d tbem fu.u.y. may s a e a e remain with General Porter and guide the column to Bri toe Station, leaving order of the 27th of August was in substance that General Porter, who · at 1 o'clock, and that General Pope expected him certainly to be there by day­ then lay at Warrenton, should march at 1 o'clock that night, so as to light. be at Bristoe Station by daylight the next morning, the morning of the When De Kay delivered this order to General Porter, Generals nio- 28th. rell, Butterfield, and Sykes were in Porter s tent. Referring to the General Porter admits that he violated this order, and pleads in con- order in their presence, be said, "There is something for you to sleep fession and aYoidance. He says, in effect, "I did violate that order; I on." :Xot one of these officers read the dispatch, and it is entirely e\i­ did not tart until 3 o'clock, or two hours after I was ordered to move." dent that they were not aware of the urgency of the occasion. And in another place in the record he says he did not start. until 4 Morell says be saw the order in Porter's hand, but did not 1·ead it, o'clock or daybreak; but he say : nor did be bear it read, nor were its precise terms indir.ated to them, It wa ~ impossible for me to go, first, because the night was dark; other than the order of starting. second, because the roads were blocked up with wagons; and third, it Sykes testifies: I was not Tery material whether went at all, because Jackson did not Q. Do you remember whether you were made acquainted with the urgent attack Pope as was expected the next morning, and no harm came of language of the order, stating that by all means General Porter mu sl be at Bris- my not obeying the order. toe Station by daylight next morning? . A. No, sir; I think not. I am satisfied that if its urgency had been made I will :Bot stop long to discuss with any soldier on this floor the excuse known to us we would ba.ve moved at the hour prescribed? • given that the night was so dark as to prevent a march; I will not argue whether that should be considered an excuse for preventing a march in Butterfieldrs testimony: the face of positiYe orders. Nor am I going to linger on the question Q. Did you see the order of the 2ith from Pope or know anything about the of the blockading of the roads by wagons. urgency of its terms? General Rosecrans once ordered Ge!!eral J. F. 1,Iiller to take a brigade A. I did not. of a iew thousand men and advance one night when it was as black as It was not difficult, therefore, for General Porter to obtain from these darkness could make it and hold Bragg's entire army in check till the general officers adrice suited to his purposes. They knew nothing of Army of the Cumberland could be put in position. It is a matter of the urgency of the occasion, and, in general harmony with Porter's de­ history t hat General Miller obeyed orders. The difference between sire, readily assented to the proposition not to mo\e ~til 3. Porter the t wo is triking. was the inspiring spirit of the occasion, and aga1nst him, and him alone, In looking O\er the Congressional Directory I find that there are forty­ can accusations of neglect and criminal disobedience be lodged. se•en gentlemen on this side of the House who have been willing to To an officer ha"ing the welfare of his country at h c~rt the darkness write themselves down as having borne some lot or part in the recent of the night or the blocking up of the roads would h:wc presented no war for the preservation of the Union. I notice that on the other side barriers. General Longstreet found no barriera in the way when he of the House there are seventeen gentlemen who were willing tewrite pushed forward his command at night around Thoroughfare Gap so as themselves down in the Congressional Directory as having bome some to be on hand for battle ne~i; morning. 804 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 1,

But it seems that what would impede General Porter's progress road toward Gainesville. I now make a general summary of the tes­ would form no obstructions to General Longstreet. timony on this point, as follows: The following extracts from the reports made by rebel officers con­ On the 29th of August Jackson's army was drawn up in line of clusively prove what I here assert. As was said by one of them: battle about north and south, his left nearly to the Warrenton pike During the whole night that General Porter thought it too dark to move they and his front extended down that road, upon which there was sharp were wandering around loose over the very country that Porter was to move fighting. Sigel and Heintzelman had beei. fighting in the morning be­ over. Onthatnight (the2ith)Jackson'swholearmy,afterburningourstores at: tween Gainesville and Centreville, and Jackson came to a stand at. Manassas, moved otfbythe light of the :flames and marched until day towards 1 Sudley. Uroveton, on the Warrenton pike, about eight miles from Centreville. Our forces had been mu.ch cut up and asked for re-enforcements. Pope General J. E. B. Stuart said that- replied that McDowell and Porter were en route from l\lanassas and On the night of the 27th, after destroying everything at l\Ianassas, the army started for Stone Bridge, viu Centreville. would soon come up on the enemy's right funk. THE ORDERS. A. P. Hill says that- Pope had sent an order to Porter on the morning of the 29th of On the night of the 21th, about 12 o'clock, the depot building [at Mana sas] with an immense amount of commissary stores and about two miles of loadea1 August. This is known as the daylight order. That order was as freight-cars, were burned, and about1 o'clock I moved my division to Centre­ follows: rule. HEADQUARTERs ARMY OF VmGINIA, It will be remembered this was the identical hour (1 o'clock) that Centrwille, Va., August 29,1862. Push ft>rward with your corps and King's division, which you will take with Porter was ordered to and should have moved. The zeal of the two you, upon Gainesville. I will follow the enemy down the Warrenton pike. Be officers for the respecth·e canes which they represented is here made expeditious or we will lose much. apparent. JOHN POPE MaJor-General Commanding. tonewall Jack on, in his report, says that- To l'olaj. Gen. Frrz.-JoHN PORTER. On the night of the 27th Taliaferro moved his division across to the Warren­ ton and Alexandria turnpike, pursuing the road to Sudley Mills and crossing This order reached Porter while he was on his way to Manassas from the turnpike in the vicinity of Groveton. Bristoe, about 9 o'clock in the morning. Sykes's division was in the Taliaferro reports it thus: lead and passed on toward Centreville. The head of Morell's division, At night Major-General Ewell, who had been fighting during the evening at on arriving at Manassas, took the Warrenton pike toward Gainesville, Bristoe Station, crossed l\Iuddy Run, by direction of 1\Iajor-General Jackson. I and this threw him in front. Sykes countermarched and fell into moved my division, with the entire train, aero the Warrenton and Alexandria (line) column after Morell. Morell's leading brloaade was Griffin's, turnpike, pursuing the old military road to Sudley 1\Iills, and at daylight halted. in the battlefield of the 1st of July, 1861. and his leading regiment was Colonel Marshall's-the Thirteenth New York-the Sll.'iy- econd Pennsylvania following. The column halted Col. B. T. Johnson, commanding the econd brigade of Taliaferro's before it came to Dawkin's Branch. This was between four and five division, reports it this way: . miles from Manassas, in the direction of Gainesville. I letll\Ianassas with my brigt'lde about dark, reaching Warrenton road after , midnight., and proceeded down this road, picketing it and holding· it until day­ WHAT TDIE DID THEY HALT AT THIS SPOT? light. Thejointorder which bas been heretofore referred to, and upon which J. K. Boswell, chief engineer of the econd Army Corps, reports Porter was tried, had been i'ecei ved by him before this time. Morell that- says-they arri\ed at Dawkin's Branch between 10 and 11 o'clock. During the night of the 27th the entire corps marched in the direction of Sud­ Morell says: ley 1\Iills, and bivouacked between Catharpin and Sudley Mills. We ha4 gone up tile road to Gainesville perhaps about three miles when I met a countryman coming toward me. I stopped him and asked him the road Colonel Walker, of the artillery, reports that- to Gainesville, und also the news from tile front. He said he had just come from On the night of tbe Z7th, at 12 o'clock, we took up our line of march at en­ Gainesville; that the enemy's skirmi hers were there to the number of about treville. four hundred and their main body not far off. I then moved on up the road, and in a short time our skirmishers reported that they had discovered the enemy".· This disposes of General Porter's claim that the night wa too dark skirmishers coming over. The column was then halted by General Porter, who for the troops to move. was with me. It will be hard to convince an enlightened people that, if the rebel He further states that his division reaehed. this place about 10 or 11 army could move with such ease and safety as they did, General Porter o'clock in the morning, and that they marched directly up from Ma­ could not move his men o>er identically the same ground. nassas Junction. General Porter then, at tills time, was three miles As to General Porter' other defense, that the wagons blocked up his from Manassas at or about 11 o'clock in the morning, and wa but a way, it can hardly be treated in a dignified manner. A line of infantry shOJ:t distance from our troops, who were confronting the enemy on the are rarely ever in summer time, when the roads are perfectly good, se­ Warrenton pike. · riously impeded by wago~ containing pork and beans, hard-tack, and General Griffin makes the following statement: such like provisions; but, on the contrary, are e>er ready to welcome On the morning of the 29th we marched (page 161) from Bristoe Station to 1.\Ia­ nassasJunction,mybrigadelending the division. * * * We halted at Mana '­ them, whether at night or by daylight. sas about half an hour. I received orders to countermarch, and proceeded in the As to the further suggestion that the troops we1·e fatigued and could direc.tionofGaine ville. * * * Ihadmarchednbouhwomiles,llavingpas ed go no farther, it deserv~ but a passing notice. Sykes's men marched King's division on the road, when a countryman said, "Look out! A trooper ha been taken here, just in front. a short di tance." I a ked him what forces were about twelve or fourteen miles that day; Morell's men had marched in front. He said," None except a few mounted men." I halted my ovn brigade about sixteen or twenty miles, but were in camp before sundown; But­ and threw four companies of the Sixty-second Penn ylvania to the front, with terfield's men had probably made but a short march, and it nowhere instructions to move on about half a mile, throwing out flankers to the side and skirmishers to the front. Five miles from Mana s the skirmishers commenced appears that they marched as far as either of the other two divisions. firing upon the enemy's pickets. .A.t this point General Porter rode up and halted I come to the orders ·of the 29th of August; and at this point some the command. Weleftl\Ianassasat9o'clockon this road. A battery was planted description of the geography of the counti·y ought to be made. I will at this point, and the enemy's battery soon opened upon it. give a brief statement of it, but will not ask my f1·iend from Massachu­ This was Stuart's battery. He commanded the cavalry. setts [Mr. LY1\1AN] to represent the rebel right or the rebel left, either Captrtin :Martin locates Porter at this point as early as 11 o'clock in for this day or for a passing moment. [Laughter.] the morning. Colovel Marshall, of the Fifteenth New York, threw his Gainesville, Centreville, and !lfanassas are three angles of a triangle. regiment out as skirmishe:rs, and states that he did so about 1 o'clock I haYe the maps before me and any gentleman can verify the descrip­ after two hours' valuable time had been lost. He-aversthattheywere tion. Centreville i~ about north of Manassas; Gainesville is to the in sight of General Pope's army and the distance between them was west of both, and the line frqm Gainesville to Centreville and from quite short. Gainesville to Manassas arc much longer than the line from Manassas Speaking of the re-enforcement that soon came through Thorough­ to Centreville. The angle at Gainesville, therefore, is much more acute fare Gap, Colonel Marshall says: than either of the other two. From Gainesville to Centreville runs the It was a distinct army from that which General Pope's army were fighting Warrenton turnpike. From Manassas westwardly runs a road crossing with. the Warrenton turnpike at or near Gainesville. From Manassas to He says further that at this time be could see General Pope's left Gainesville also runs the Manassas Gap Railroad, continuing on through and the enemy's right during the greater part of the time-about two Thoroughfare Gap. It is a little to the north of west of Gainesville. miles off; probably more. From Manassas to Gaines·dlle is about eight miles. General Porter had been at this point for ,.one hour before the enemy There has been a controversy all the way through, there is a contro­ was re-enforced. by the troops from Thoroughfare Gap, and he must ha\e versy now, as to the time when Porter received what is known as the seen and known where General Pope's army was located. Colonel daylight order and wlu'lt is known as the order directing him to proceed Marshall saw it. and if he could certainly Porter did. to Gainesnlle (upon which he was not tried), and also the joint order Here, then, was Porter, with ten thousand or twelve thousand choice to him and McDowell. But all agree-and I plant my argument upon troops, within plain sight of a battle in which Colonel Marshall says our this proposition, to which every gentleman assents-that General Porter troops were being worsted. He was in sight of it as early as 11 o'clock had received the order before the head of his column arrived at Daw­ in the morning, and here he stopped. Wbat was the order that had kin' Branch, which is three and one-half or four miles from Manassas brought him to this point? in the direction of Gainesville, because he and McDowell conferred Push forward upon Gainesville. I am following the enemy down the Warren­ about the joint order when they had reached Dawkin's Branch on the ton turnpike. Be expeditious or we will lose much. 1884. OONG RESSION AL RECORD-HOUSE. 805

General Griffin (page 165) says that- column, and never marched a foot from 11 o'clock that morning till3 On the 29th, in the evening, there were some very heavy volleys of musketry o'clock next morning when he received the peremptory order of Pope O" the right and front, say two miles. maybe not so much, maybe farther. to come at once. Three or four times during the afternoon his troops Lieutenant Stevenson: of M:ushall's regiment, testifies directly to the were marched up and down from Bethlehem church to Dawkin's same thing. Can there be any doubt that Porter might have gone to Branch. Pope's assistance under these circumstances? This testimony, albeit, There is the difference in the zeal of the t"'o men. Ah, l\Ir. Chair­ is taken from witnesses introduced by Porter himself in the court­ man, let me contrast it with another scene I remember well. On the martial trial. 6th day of April, 1862, the battle of Shiloh began in the morning. It is true that along in the afternoon, about 4 or 5 o'clock, Morell, There were two armies of nearly forty thousand men each confronting Griffin, Marshall, and others insisted that there was a large rebel force each other. The battle began raging at 6 in the morning. General in front of them which had just come down through Thoroughfare Gap. William Nelson, of Kentucky, was at the head of Buell's army, who None of them claim that this force, supposed to be Longstreet's, "as were marching to our rescue. He was sixteen miles from the battle­ there as early as 11 o'clock. Marshall says on arriving his skirmish­ field. Before that day he had received word from General Grant's ers were fired upon by a ''body of dragoons,'' as he styles them. Grif- headquarters that he might pursue his course leisurely, as there was . fin spoke of a countryman who said that a trooper had been taken in the no hurry, but "When he marched to Savannah and found Grant's head­ front, and that there was nothing there except a few mounted men. quarters deserted and heard the booming of the guns, without orders Further on in his testimony he stated that the enemy commenced form­ he put his column in motion and pefore the sun had set in the west ten ing in Porter's front between 2 and 3 o'clock. thousand fresh troops came to our rescue and tumed what might have General Reynolds testifies that- been a defeat inro a glorious victory. [Applause.] Yet within sight of On the 29th I was on the left of General Sigel's command, engaged with the the battle, within a mile and three-quarters fi·om the left of General enemy, who was then wholly on the right of the 'Varrenton pike as we faced Reynolds, General Porter admits, every man who has spoken for him. it. General Sigel was moving obliquely across the pike (page 170). I was on admits, that he staid there from 11 o'clock until he was ordered aw-ay his extreme left, all our troops facing the enemy. Their right, towards unset, bad been extended across the pike, with fresh troops coming down the ' Varrenton the next morning at 3 o'clock, and never lost a man. turnpike, but up to 12 o'clock it was not across the pike, and I marched out im­ A ME!IIBER. Yes; one man. mediately and back on their right with my division, but was obliged to change Why, Mr. Chairman, as was said the other day by my colleague, at front to meet the enemy coming down the Warrenton pike. I was forming my troops parallel to the pike to admit the enemy's right, which was on the other the batt.le of Marengo Dessaix was ordered in an opposite direction by side of the pike, but was obliged to change from front to rear to face the troops Napoleon before the battle opened. The French troops were routed in coming down the pike. That was. I suppose, as late as 1 o'clock, and they con­ the early part of the engagement and Desaix was marching by ~'a­ tinued to come in then until they formed and extended across the tw·npike. poleon's orders away from the battlefield. Napoleon had been sending This testimony shows that no re-enforcements had come to the rebels his aids and couriers to bring him back, but they had missed him. until after 12 o'clock, and perhaps as late as 1. There could then have Desaix's ears caught the sound of battle. He beard the thunder of the been nothing in front of Porter but the cavalry force of Stuart. More­ artillery, and his troops began to slacken their steps; slower and slower over, Lieutenant Stevenson, who went across this broken country from they marched until they came to a halt. Then came the command, our left to Porter's front, is asked whether he encountered any enemy "About face," and_ they marched with swiftness to Napoleon's aid. Al­ until he reaehed Colonel Marshall's regiment, and he answered plainly, though the battle had been lost and the French troops were flying in "No, sir." confusion, Desaix said to Kapoleon, "This battle.is lost, but there is Mr. Chairman, there are certain controlling facts in every case. What time enough yet to win another to-day," and, acting upon the word, he is the controlling fact in relation to this joint order? It is in the language made that memoiable charge, and gained a glorious victory for the of the order that Porter is commanded to establish communication be­ Freneh arms. tween himself and Reynolds. That is the controlling point. Com­ l\fr. Chairman, I have said before, and I repeat it now, that although munication was to be established; and then the order further describes we may not liYe to see the day when we can separate the c.au e ior where he is to go, and what is to be done. which the confederate ~oldiers !ought from their deeds of heroism and As a matter of fact, what was done? General Porter moved out ro valor on the field of battle, yet there will come a day when separat­ Dawk"in's Branch, three and a half or four miles distant; as I have said, ing the cause from their deeds this country will be as proud of their and there be halted. It is in evidence, not denied by anybody, ad­ personal heroism as it will be ofthe deeds of any other men who have mitted by all, that he •arrived at this place not later than 11 o'clock in. made themselves conspicuous forbm-.;-ery and courage. [Applause.] the morning. Longstreet was marching from the other direction, fi.·om General W. H. FoR~EY represents a district from Alabama on tllli; Thoroughfare Gap, to connect with Jackson's right. The distance that floor. He was commanding one of the advance diYisions of Longstreet's each of these armies bad to travel was just about the same. Now mark troops at Gettysburg, and was ordered to charge with his dhision the significant fact that Porter was ro re-enforce his superior, General against the ridge held by our soldiers and bristling with our cannon. Pope, on a certain line of road, and General ,Longstreet with twenty­ The desperate charge was made; four orfiye times he Tias shot tiu·ough seven thousand men was to re-enforce Jackson, and the distance that and fell to the ground. His gallant men raised him in their arms ~d both had to march was just about the same. offered to bea1· him to the rear. Said be: '' Xo; do not carry rue to the The map lies before me. If there is a doubting Thomas within the rear; carry me with my troops to the front." .All! Mr. Chairman, he sound of my voice let him come and verify it. bad zeal for his cause. This i.e what Fitz-John Porter did not have, Porter's positive orders were to establish communication with Pope's and is the gravamen of the charge against him. left, which was General Reynolds's command. I want to contrast for a, It is attempted to be shown that there was no serious engagement moment the acts of these two generals. on the 29th. Even my good friend from Pennsylvania [l\1r. BAYKE] You say thatPorterwasnota trairorto his country. I agree to that, undertoo~ to argue that there was no serious battle on that day. When I say so, too; but what I say is that he lost sight of his country in his I put the question directly to my friend 1rom Aln.barun. [Mr. HERBERTJ, hatred for Pope. [Applause on the Republican~ide.] Under the cir­ then speaking, hesaid, "Ye~, there was a battletbatday," and the official cumstances then surrounding him he was as guilty as if Pope had not records show that six thousand of our men bit the dust! I need not go intervened between him and his country. Pope's order was the coun­ further into the question, as no one disputes there was some fighting, try s order. and howe...-er much or little, the sound of the guns was a constant order I want to contrast the actions of Longstreet and Porter. With the for Porter to go to the rescue. same distance to march Longstreet got up and was in striking distance It nowhere appears that ,Porter made any attempt to find what troops of Jackson by 11 o'clock. But my 1riend saicl, and he said it with em­ were in front of him at any time after he arrived at Dawkin'sBranch. phasis, Longstreet was in Porter's front by half past 11 o'clock. So His reference to the matter in his final report states that he saw ''clouds much the worse for Porter. If Longstreet could march twenty-seYen of dust." General Rosser also states in his report how the dust arose; thousand men the same distance Porter had to go with only ten thou­ GeneralStuartsubstantiallycorroboratesGeneralRosser. Atpage147of sand men and got in at half past 11, I ask you, if you apply the same the record of the courtrmartiall\1ajor Heyland testifies tQwhat he saw rule to each~ where should Porter have been at thattime? :Uarkyou, down by his regiment. It will be remembered that this was Colonell\far­ the joint order ordered him to establish this communication with Pope's shall's regiment and the one that was farthest advanced on the picket left. Longstreet marched to the sound of the cannon, and I ask you to line. At the risk of repetition it may be stated here that Porter Tias read his testimony, or his statement before the Schofield board. He on the Gainesville road, having arrived at Dawkin's Branch as early as sa.id they left Thoroughfare Gap about day light. As the thunder of the 11 in the morning. I have no doubt that parts of his command were guns began to sound in the ears of his soldiers they began to lengthen withdrawn in the direction of Manassas during the period between the and quicken their pace. Colonel [addressing Mr. CUTCHEON], you and time of his arrival and final \vithdrawal; in fact, there can be but lit­ I know what that means. When they heard the thunder of the guns tle doubt that Morell was withdrawn, because he went over to the right, of the enemy their pace began to quicken, and by 9 o'clock the head of past the railroad, to the open field, until he struck the pine bushes on his column came up to Gainesville so he could have rendered Jackson the right in the direction of Reynolds. aid if he ha-d been sorely pressed. But when the thunder of the guns When McDowell arriYed at the hea-d of Porters corps, at Da'."kin s began to pour into Fitz-John Porter's ears his pace began to slacken; Branch, he found that Porter was in possession of this joint order. and when he reached Dawkin's Branch and could see, as Colonel Mar­ Griffin states in his evidence that Porter called his officers together, and shall testifies, the swaying of our troops on the right, could hear the said he had a communication to read from Geneml Pope. It was read, ·booming of the cannon and see tbe bending of the line, he halted his and Griffin's evidence shows that it was the joint order (see page 1G2). •

806 CONGRESSIONAL RECORD- HOUSE. FEB:RU.ARY 1,

This was long before McDowell joined him. Griffin also testifies that very jaws of death. They had a part to play. While Sherman flanked Porter's head of column left Manassas at 9 o'clock in the morning. the confederates on the right this brigade was ordered into tl1e jaws of ' Morell testifies (page 150) to a statement which confirms the testimony death to attra~t the attention of the enemy from the movement pro-­ of Griffin. It is perfectly evident now, from this testimony, that at 11 gressing in their rear. And well did they perform this duty. When he o'clock Porter was in striking distance of Pope's left. The battle be­ brought his brigade up the second time the markers and guidons were tween Pope and Jackson was then raging. The question now resolves put out, the men aligned themselves as if on parade or review, while itself into this: Was it Porter's duty to sit down and do 1'l.othingwhile a storm of shot and shell swept through their ranks and their comrades his comrades were eng-aged in battle, or was it his duty U}lder these fell like blades of grass before the fire. Still they held their ground. orders to establish communication between Pope's left and himself? After the alignment was made the command was given to lie down, and As has been shown, the head of his column was within two miles of their commander, throwing his leg across his horse, sat there with perfect Pope's left. It is not denied that from 11 until 6 he maintained his coolness under this fire from the rebel line. General Hardee came to position on the road without attempting the establishment of commu­ that part of the field and saw the situation. Struck with the gallantry nications, unless his futile attempt. in the pine bushes, before_alluded of this brave brigade and its commanding officer, he ordered his men to to, can be considered as an attempt. cea e firing. These men did their duty. Theyobeyedorders, and the McDowell testifies what his unuerstanding of the joint order was. battle was won. He puts it in this way at page 85, namely: It meant "how Porter What a contrast between thisactionand thatofFitz-John Porter. The and he could, in the most speedy manner, join the left of Pope's army one deserves to live in song and praise; the other deserves the universal and atta-ck the enemy.'' It is evident that Porter so understood it when reprobation of all brave men. McDowell left him, for he gave Morell orders to begin the movement A.b., Mr. Chairman, the in pired description of the charge at Balak­ at once and immediately countermanded it (see testimony, page 146). lava comes to me: ::\1orell did move his command to the right over the railroad. One "Forward, the Light Brigade!" brigade and a battery went over the railroad, and when he reached the Was there a man dismayed? other side of the field he was ordered to return. Griffin states it on Not though the soldiers knew .Some one had blundered. page 162 thus: Theirs not to make reply, McDowell and Porter went off to the right of where they were and looked at Theirs not to reason why, a mop, held a conversation, rode some distance to the right, and almost directly Theirs but to do and die. after McDowell left he received an order to recaU his pickets and remove his Into the valley of death . command to the right. He had moved it six hundred yards when he encoun­ Rode the six hundred . tered the little pine bushes, reported the fact, and was ordered back. [Applause.] 'l'he remarkable feature about this conversation between McDowell When did Porter·get the 4.30 order of the 29th? and Porter is the following: McDowell says (see page 85 of McDowell's Now, it is a remarkable fact that Griffin states in his testimooy that testimony) that Porter, pointing his fing9r in the direction of the dust they started back and had gotten a mile and a half when they were rising above the trees, said: ''We .can not go in there anywhere without ordered to tace about and make an attack. This was evidently in con­ getting into a fight;" and McDowell retorted, "That is what we came sequence of Porter's reception of the 4.30 order, which was peremp­ here for. ' tory. :Now later in the evening he wrote a note to Generals McDowell and Col. Benjamin F. Smith, of the Sixth United States Infantry, Sykes's King, which is a distinguished piece of military composition. The division states thatr- note is as follows: They had marched on the Gaine ville road some few miles and then halted, Morell being in advance, and subsequently received orders to march back in the Generals McDoWELL and Kcm: I have found it impossible to communicate direction whence they had come; that they then retraced their step to a point by crossing the fords to Groveton. The enemy i.s in great force in this road, and near Mana "RS Junction and camped in the woods. they appear to hn.ve driven our forces back, the force of the enemy having ad­ 'l'be 4.30 o'clock order was a follows: vanced and ours retired. I have determined to withdraw to Manassas. I ho.ve at­ tempted to communicate with McDowell and Sigel, but my messengers have run HEADQUARTERS r.:· THE FIELD, into the enemy. They have gathered artillery, cavalry, and infantry, and the August 29,1862-4.30 p. m. advancing masses of dust show the enemy coming in force. I am now going to Your line of march brings you in on the enemy right flank. I desire you to the head of the column to see what is passing and how affairs are going. Had push forward into action at once on the enemy's flank, nnd, if possible, on his you not better send your train back? rear, keeping your right in communication with Genernl Reynolds. The enemy F. J. PORTER, Majo1·-Gen eml. is massed in the woods in front of us, but can be shelled out as soon as we en­ I will communicate with you. gage their flank. Keep hea>y reservesand use your batteriE's, keeping well closed to your right Now mark! .All the orders he had received during the day were to all the time. In case you are obliged to fall back do so to yow· right and rear, go forward, not ba~k , and the reason he assigns for retiring to Manas­ so as to keep in close communication with the right wing. sas is: . JOHN POPE, Majo1·-Geneml Commanding. Our forces, it appears, are being driven back, the force of the enemy having To Major-General PoRTER. advanced and ours retired. Porter received this order as early as 6 o'clock or 6.30 in the after­ This proof taken from Porter's witne es ,establishes the following noon. It was August, and the sun wa still shining brightly. He did propositions: not obey this order. His excu es for disobedience are, first, that he 1. Porter's column had advanced in the direction of Gainesville to did not receive the order until it was too late in the day to obey it; Dawkin's Branch, being between three and a half and five miles from and secondly: that Longstreet was in his front and he could not obey Manassas. it. If the first excuse be true, there is no need of the second. But 2. It reached that point between 10 n.nd 11 o'clock, Porter himself conscious guilt sometimes will pile up excuses until one breaks down being present. the other. It i~ true that the evidence is conflicting as to when he 3. It was only about two miles from Pope's left, and within ight received this order Captain Pope (General Pope brother) says that of it. be delivered it at 5 o'clock in the morning. Duffee, the orderly, who 4. He heard the battle raging along Pope's front. was with Captain Pope, puts it at 5.30. That Porter did not really 3. He staid there until 6. 30 that e>ening, moving backward and .fur­ believe it was too late when he rec~ived the order is shoW"n by the ward on the road, and did not attempt to assist or succor .Pope's army. form of his order to Morell. It is as follows: .l\lr. Chairman, the 4.30 order is the next. That was t.he order to General MORELL: I wish you to push up two regiments, upported b~· two General Porter to attack the enemy; but Porter did not attack. His others, preceded by skirmishers, the regiments to be at intervals of two hun­ excuse is that there were too many men in front of him. He. did not dred yards. AttaC'k the part.y with a section of battery opposed to you. The . battery works well on our right, and the enemy are said to be retiring by the have in his mind that almost divine language, the d~cription of the turnpike. Give the enem y a good shelling when our tl·oop advance. battle of Balaklava. Suppose there were a million of men in front .F. J. PORTER, Major -Generril. and his superior officer ordered him to attack. What was his duty? It was to do as General Sherman did when he attacked Vicksburg. It This order was issued in consequence of the one from Pope. !!Iorell was his duty to do just what the general at Chattanooga did when ays in addition to this written order he received another verbal orde~· General Sherman unwound his Army of the Tennessee and threw to attack, but both orders were soon countermanded, and before Porter it around the right flank of the rebel army and drove it back in arrived at the head of the column. confusion. I wish I had the de criptive power of my distinguished When the order wa~ received by Porter he was at Bethlehem church. friend from Texas [l\Ir. 1\liLLS]. On that day he stood on the left ot Colonel Locke !5ays (page 131) that he carried the order to .Morell just his command. While standing there our army was ordered to push after Porter received the 4.30 order from Pope. Why was it, I ask, forward and take a position which was·designated; and this is the de­ that the orders to attack were counte~·manded before Porter had arrived scription he gives me: He says the confederates massed their artillery at the bead of the column? You look in vain for any testimony that on a certain round top near where be stood. They were protected by throws any light on this subject. He had received no news from the parapets and breastworks, and while standing there, to their dismay, front. and he: bad received no order from his superior countermanding out rode a brigade from the woods dressed perfectly in line, and marched his order to attack. forward to within three hundred yards of the rebel line. The moment Morell says, continuing his t estimony: they halted forty gun belched forth their thunder against ihem. In­ Before I got the main body in condition to. move the order was counter­ manded, and I was directed to remain where I was during the night. General stantly the men fell into disorder and rushed back into the woods. Porter himself came up a few minutes afterward and remained with me some Their brigade commander rallied and brought them up again into the time. • 1884. CONGRESSIONAL RECORD- HOUSE.o 807

There must have been two hours at least of daylight remaining after timony btfore the court-martial The reports of the confederate officers, Porter got this order. The next excuse is, that there was a large force since published, fully sustain the testimony before the court-martial. of the enemy in front of him. Now, the only evidence that Porter Up to 11 o'clock there was certainly nothing in Porter's front except had on which to base his aetion was the clouds of dust that Rosser's Rosser's cavalry; at 11, or shortly after, Longstreet's corps began to troops had kicked up and the information of Buford that seventeen straggle up. regiments and a party of cavahy had passed through Gainesville on General Lee says in his official report that it took two and one-halfhours their wav to re-enforce Jackson. The fact is that neither Porter nor to deploy this corps. This would bring it as late as 2 o'clock anyway. any of his officers really knew what was in front of them, and what This, mark you, is the earliest time that it was possible for Longstreet to was worse, they made no attempt to ascertain. First, as to what his have been deployed in line. · Stuart, on the morning of the 29th, when officers knew. In Porter's note to McDowell and King, before quoted, he left the confederate left, went in the direction of Thoroughfare Gap. he referred ominously to the clouds of dust, which created great per­ He met Longstreet the other side of Gainesville. Stuart turned o:ffin the turbation of mind. Morell also speaks of the clouds of dust, and so does Manassas road, while Longstreet kept down Warrento~ pike, toward Griffin. A reconnaissance as early as 11 a. m. would have shown Ros­ t4e rebel right. This is what forced Reynolds to change front. Mean­ ser with a few troopers on the tufnpike, with brush tied to the tails of while StlJart kept on down the Manassas road, and saw Porter's head of their horses, galloping up and down the road for the express purpose column. Stuart had nothing but cavalry, and they are the men spoken of fooling a Yankee general. of by Marshall as '' dragoons, troopers,'' and the like. Stuart took in Very likely at this time, if he bad pushed far enough ahead, he the situation at once. He saw that if Porter was allowed to march up would have iimnd Longstreet's force striding in with that long sweeping and attack the flank, or throw himself between Longstreet and Jackson, step which an eager soldier falls into when he hears the cannon bel­ that utter rout and destruction would follow. lowingin his front and knows that his comrades are in the death-struggle Now, this is what Stuart says of the situation at this time, that is, of an engagement. after he had discovered Porter: As 1ar as Morell is concerned, it does not appear that he- made any I met with the head of General Longstreet's column between Haymarket and attempt to find out, or was ordered to do so, at or soon after 11 a. m., Gainesville, and then communicated to the com.man<\ing general General Jack­ son's position and the enemy's. I then passed the cavalry through the column, when he halted at Dawkin's Branch. After a while he sent some so- as to place it on Longstreet's right flank, and advanced directly towards 1.\la­ skirmishers across the branch, and this was all he did. nassas, while the column (Longstreet's) kept down the pike and joined Jack­ Griffin, who commanded the leading brigade, threw the Sixty-second son's right. I selected a fine position for a battery on the right, and, one having been sent to me 1 fired a few shots~ the enemy's supposed position, which in­ Pennsylvania to the right, and "at this point General Porter rode up, duced him to sh1ft,1 it. General Robertson, who, with his command, was sent to and we halted.'' There they staid. reconnoiter far down t.he road towards 1\lanassas, reported the enemy in his front. Griffin says further: Upon repairing to the front I found that Rosser's regiment was engaged with the enemy to the left of the road, and Robertson's vedettes had found the enemy I made no reconnaissance myself. Colonel Marshall was somewhat alarmed, approaching from the direction of Bristoe Station towards Sudley. The pro­ for he says that when he threw his regiment across the road. about 2 p.m., the longation of his line of march would have passed through my position, which head of a large column came into sight in his front, which at 3 o'clock deployed was a very fine one for artillery as well as observation, and strqck Longstreet skirmishers and threw him back, and that this force was t.wice as large as Por­ in flank. I awaited his approach long enough to ascert.ain that there was at ter's; he could not, however, see this force, for they were in the woods, but he least an army corps, at the same time keeping detachments of cavalry dragging judged of its size from the dust they made. The point to which I call particular brush down the road from the direction of Gainesville, so as to deceive the attention is that Marshall did not convey this information to Porter, because, he enemy- says, "after dark Porter sent for me and questioned me very stringently as to the enemy." A ruse which Porter shows waR snrA'.essful- and notified the commanding general, then occupying a position opposite me Lieutenant Stevenson says when be crossed the country from Pope's on the turnpike, that Longstreet's flank and rear were seriously threatened and of the importance to us of the position I held. Immediately upon the receipt of left to Porter's front be saw a. large force, from twelve thousand to fif­ that information Jenkins's, Kemper's, and R. D. Jones's brigades and several teen thoru;and, about half a mile from Marshall's skirmishers. And pieces of artillery were ordered to me, and being placed in position fronting being questioned, says: "He does not remember speaking to any one Bristoe, awaited the enemy's advance. .After exchanging a few shots this corps about it when he anived at Porter's command." withdrew to 1\Ianassas, leaving a.rtillery to hold ~is position until night. I have made no reference, thus far, to the single trooper who came There was then nothing in Porter's front before Stuart's ca>alry down from Gainesville and met Porter's force near Dawkin's Branch,· started out and made this reconnaissance. It developed the Htct that and reported that the enemy's skirmishers had just arrived at Gaines­ Porter's corps was there; kept his (Stuart's) cavalry dragging brush to ville. Hence I say that Porter did not inform himself, and took no raise a dust; sent over to the pike, giving the info!lllation to Long­ proper steps to learn, what was in his front. . In the next place, I say street, and the latter issued orders and actually sent three brigades ~d that if Longstreet had been massed in his front when he received the a battery (Wilcox's) down to Stuart's aid. Now, this constituted the order to attack, "keeping well closed toward ·the right and in com­ entire force that was in Porter's front when he received the· 4. 30 order. munication with General Reynolds,'' it was his duty to have made the This was a much smaller force than Porter bad himself. Porter had attempt. as much as two hours of day light left, and if he had been inspired with The overshadowing fact, however, is thai; this soldier, this petitioner, the same zeal that actuated the rebel General Stuart he would have this corps commander, sat all day in the presence and hearing of an found _time to win a victory before dark over the forces opposed to him. awful engagement in which six thousand men on our side alone were Stuarl does not give the time of day when these brigades joined him, killed and wounded, and did absolutely nothing. If they had been in but General Longstreet says in his report: . the condition of th~ Assyrians after the Angel of Death struck them, At a late hour in the day l\lajor-General Stuart reported the approach of the they could not have performed less service than they dld. If he had enemy in heavy columns against my extreme right. I withdrew General Wil­ cox with his three brigades from the left and placed his command in position to developed the force in front of him-presuming that there was such a support Jones in case of an attack against my extreme right. After some few force-would not this menace have kept Longstreet from throwing his shots the enemy withdrew his forces, moving them around toward his front, and whole force, or a great portion of it, against the weary and battle-worn at 4 o'clock in the evening began to press forward against General Jackson's position. Wilcox's brigades were moved back to their former positions, as we.re battalions that bad been fighting so long? also Hood's two brigades. Hood's two brigades, supported by Evans's, were A :reconnaissance or ad vance on Porter's part would have been reported quickly pressed forward to the attack. At the same time Wilcox's three brig­ to Longstreet at once, andeveryonea-cquainted with the characteristics ades made a like advance. of that old soldier knows that he would have found out what WM hang­ By this evidence of General Longstreet's it is clearly shown that ing on his right flank before proceeding to weaken his own column in there was nothing but Stuart's cavalry in Porter's front "until a late order to succor Jackson. But the testimony of witnesses may be con­ hour in the day." It is true it is indefinitely expressed; but, taken in flicting. Man's recollection is faulty at best, but when you get hold connection with General Lee's report that it took them two and one­ of an act performed at the time no failing recollection can wipe that half hours to get into position at least after arrival in the field, it out. Porter, therefore, by his own act conclusively shows that be had could not have been far from 1 or 2o'clock. Porter, therefore, had two no )mowledge of Longstreet's presence in his front, for when be ordered hours in which to have gone to the relief of our left. Morell to attack he confined him to four regiments and a battery. It General ,J. E. Johnston relates the following in his narrative: is hardly to be presumed that a sane'man would send four regiments When the United States troops paused in their advance within fifteen paces of and a battery to attack an army corps of twenty-five thousand men. If the Texan front rank, one of their color-bearers planted hi'> colors eight or ten feet in front of his regiment, and was instantly shot-dead; a soldier sprang for­ he had thought they were there, does anybody suppose be would have ward to his place and fell also as he grasped the oolor-staff; a second and third sent this mere handful of men to attack them? It must be borne in followed successively1 and eaeh received death as speedily as his predecessors; mind that the language of the order is, that Uorell is to "attack the a. fourth, however, seized and bore back the object of soldierly devotion. party opposed to him." If he knew that the "party" he ordered Mo­ If this had been the spirit thathad actuatedFitz-John Porter on the rell to attack was Longstreet's twenty-five thousand men, hemustcer­ 27th and 29th nobody can tell to-day how many of the boys that bit tainly have been mad upon that field. He would hardly have ordered the dust then would be alive now. Nobody can tell how many widows' up a bare section of artillery, either, to oppose Longstreet's corps if be weeds, how many empty sleeves, how manyweary crutches were made knew they were there and was sane. Now, is it not·perfectly evident by the want of zeal on the part of that man that day. · that Porter believed that the section of artillery that had been opened What are we asked to do in passing this bill? We are asked to say on them in the morning by Rosser's cavalry and the dragoons which that Abraham Lincoln, Edwin 1\f. Stanton, and General Halleck con­ had fired on Marshall's line were all the enemy that were opposed· to spired together to organize a court-martial to convict Fitz-Jobn Porter, him at the time of giving this order? whether guilty or not. The gentleman from New York [Mr.. SLOCUM] Up to this time the ~vidence in this case has been confined to the tes- refers to General William T. Sherman and his difficulty with l\1r. Stan- •808 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 1,

ton to help him out of this dilemma in getting Fitz-John Porter re­ to blot it out and write "not guilty." You ask us to march to the stored to the Army. Ah, :hir. Chairman, General Sherman was true tomb, Ur. Chairman (Mr. SPRINGER in the chair), that preserves the to his country; and while he and Mr. Stanton had a difficulty, yet I sacred dust of your predecessor, Abraham Lincoln, the man who saved believe General Sherman would say to-day that he did not believe Stan­ the conn try from destruction; the man whose memory lies close to the ton was 1mtrue to himself, to him, or his country. hearts of your constituents and mine. You ask us to march to the ~ow let me say a word to you and to the country. If thee scenes door of his tomb, anti where he wrote "approved" opposite the court­ are to be re-enacted here, there may come a time when the bugle blast martial's findings, to reverse that by our puny efforts and write "dis­ of the Grund .·umy of the Republic, coming up from the side of their approved." I refuse to do it. [Applause. J You can take part in that camp-fire~, shall summon General Sherman to come out of his retire­ if you like. You may write that if you so desire. The people of this ment and lead them to "\ictQry as he did before. [Applause.] The country will reverse your action and spit upon and spum it. [Loud loyal North will demand this from him, or from some true and tried applause.] soldier of the Army, if such betrayal of trust is to be repeated here. l\1r. PHELPS. 1\Ir. Chairman, speaking forth~ one most interested, Ur. Chairman, there has been a persistent attempt made by Fitz-John Iexpresshisdeepregretfortheunkindallusions to the living and the dead Porter e\·er since Johnson's administration expired to get relief from the which ha.ve been made in the heat of this discussion. In his long earch verdict of this court-martial. Everything that wealth and influence for justice he has carefully avoided any reflection upon those who have and ability could bring to bear has been done, and at last Porterunder­ impeded him in the pursuit, and he refuses to accept any responsibility took to proYe that Mr. Lincoln was favorable to his restoration. But, for ·these allusions, whether made by those who are friendly or those :Mr. Chairman, when they put his son, the present honorable Secretary who are unfriendly to the bill. And may I not assume that if those of War, upon the stand, he testified that his iather said, after a careful who had made them had the :floor they, too, wo~d express their regret: examination of the case, that instead of being cashiered Fitz-John Por­ the gentleman from New York [Mr. SLOCUM] who has charge of the ter hould have heen shot. The following is hi testimony, speaking of bill, that he reflected upon the great war minister, whose great faults his father: history will pardon for his greater achievements; the gentleman from He gave me some account of the case a-s it presented itself to him, and either Indiana [Mr. STEELE], that, in his surprise at finding that a general read to me or quoted to me, I don't recollect which, a note written by General on the board of examination viewed the evidence different from him, he Porter, as I re<.'Ollect, to General McDowell. I never saw the note antil this morning, so I give my recollection of it. My recollection is better than anything intimated that he lookedat the evidence with an eye upon the Presi­ else. My recollection of the contents of the note is that it was in substance this, dency; the gentlemanfromMichigan [Mr. CUTCHEO.N], that he checked that General Porter wrote to General McDowell tha~ he judged by the sound of the course of his strong argument to intimate that there was another gen­ the firing that our troops were beaten, and that h~ should therefore withdraw I , his corps from the field. That is my recollection of the contents of the note as eral who wished to be reinstated; my colleague from New Jersey [Mr. given to me then. My father was exceedingly urgent or strong in his condem­ McADoo], a young Rupert in debate, that he suggested that a convic­ nation. tion of the military incompetency of still another general was a uni­ Q. As to the spirit of that note, what did he say? A. I recollect one distinct remark that he made, but at what period in the con­ versal condition of sanity· my peaceful friend irom Michigan [Mr. versation I do not now recollect. He said that the case would have justified, in HORR], that he confessed that he could think just as General Grant his opinion, a sent~nce of death. did in everything, except in military matters; and my neighbor here The sentence and approval of the oourt-martial proceedings are as from Ohio [Mr. TAYLOR ]-but I can not give the time to recall all the follows: illustrious names that have been unnecessarily dragged into this de­ And the court do therefore sentence him, Maj. Gen. Fitz-John Porter, of the bate. United States volunteers, to be ca-shiered, and to be forever disqualified from Could they all be eliminated it were better; and this case could holding any office of trust or profit under the Government of the United States. stand or fall on its own merits. It is my duty to speak to-day for Fitz­ D. HUNTER, Major-General, President. J ohn Porter because he is my constituent. It is at the same time a pleas­ J. HOLT, ure and an honor because he is my friend, and I believe him to be an Judge-Advocate. honest man and a loyal soldier. There being no further business before them, the court adjourned s-ine die. ''The mills of the gods grind slowly '' in his case. D. HUNTER, Major-Gene-ral, President. It was twenty years last week (Monday) since the last signature was J. HOLT, put to the verdict of a military jury which drove him out of the Army Judge-Advocate. and made him a leper which his Government should never touch with

liEADQUARTEES OF THE ARMY, an office of trust or profit. This verdict awarded him such infamy that Washington, January 13,1863. for a while Iscariot and Arnold were his only competitors. A blunder­ In compliance with the sixty-fifth article of war, these whole proceedings are ing Department furnished to an anxious President, a bafiled Army, and transmitted to the Secretary of War,to be laid before the President of the United an indignant people this sacrifice; and fifteen millions straining unto States. H. W. HALLECK, death to save their country in an hour of supreme despondency and Ge-neral-in-Chief. gloom found a momentary relief in cursing the name of Porter. The following are the orders of the President: "The foregoing proceedings, Who was this sacrifice? One whose ancestry deserved well of the findings, and sentence in the foregoing case of Maj. Gen. Fit.z-John Porter are Republic; one, who as a boy of gentle heart and ways learned in the approved and confirmed; and it is ordered that the said Fitz-.John Porter be, ·and hereby is, cashiered and dismissed from the service of the United States as National Academy to hold a stain upon his honor as a wound, and to con­ a major-general of volunteers and as colonel and brevet brigadier-general in ceive all honorasspheredin loyaltytohiscountry; one, whoasayouth the regular service of the United States, and forever disqualified from holdin~ stood the most chivalrous and accomplished officer in a guild whose any office of trust or profit under the Government of the United Stat~s." • "ABRAHAM LINCOLN. military code gives to the testimony of a member under oath no greater "J.u.-uARY 21, 1863." force than his formal declaration; one who in manhood won wounds The names of the men w4o constituted the court-martial are given in and glory in the field, and who on the 27th clay of August, 1862, as the following: &'lid the gentleman from Michigan, ''stood the consummate flower of [Special Orders No. 362.] the American Army and its pride." This was the gentle, chivalrous, HEADQUARTERS OF THE AB,)!Y, illustrious soldier who was thus lifted up into a storm of obloquy and ADJUTJU<""T-GENERAL's OFFICE, reproachasatraitorto his country. What can he do? His fate is worse Washington, November 25, 1862. than Arnold's or Judas's. Arnold, hating his country, :fled from it and [Extract.] rece\ved the rewards of treason; but Porter loves his country, and has ill. The military commission ordered to assemble on the 20th instant by Special Orders No. 350, November 17, 1862, from headquarters of the Army, is no thought except ofloyal service. Judas went o~tand died, conscience hereby dissolved, and a general court-martial is hereby appointed, to meet in stricken; but Porter's con ·cience is clear, and remorse refuses to lead him this city on the 27th instant, or as soon there.after as practicable, for the trial of to the field of blood. He does what an honest man ought, and only an Maj. Gen. Fitz-John Porter, United States volunt~ers. honest man can do; he takes up his burden and bears it. He will live, Detail for the court. and live down his wrongs. He will wait, and trust to God and his coun­ Maj. Gen. D. Hunter, Unit~d State! volunteers. Maj. Gen. E. A. Hitchcock, United States volunteers. tryfor redress. He withdrew to thequiet of aNew Jersey village and Brig. Gen. Rufus King, United States volunt~ers. e tablished his home. There he faithfully discharged all his duties~ Brig. Gen. B. M. Prentiss, United States volunteers. neither seeking nor shunning observation. He was a good husband, a Brig. Gen. James B. Ricketts, United States volunteers. Brig. Gen. Silas Casey, United States volunteers. good father, a good neighbor, citizen, and friend. That little village ior Brig. Gen. James A. Garfield, Unit~d States volunteers. twenty years has watched, honored, and loved the man. They have seen Brig. Gen. N. B. Buford, United States volunteers. his eye grow sad and his hair grow white with hope deferred. But he Brig. Gen. J.P. Slough, in place of Morris. Col. J. Holt, Judge-Advocate-General United States Army, judge-advocate never talked of his grievance nor asked for pity. He was fulfilling a and recorder of the court. sentence which, for such a man, Ed ward Everett truly said, was '' in No other officers than these named can be assembled without manifest injury some respects worse than a sentence of death.'' This wns his home life. to the service. - By command of Major-General Halleck. His life abroad was a constant struggle to regain his good name. That E. D. TOWNSEND, was his mission, and he prosecuted it without pause or rest. On every Assi&tant A<(jutant-General. proper occasion, in every proper place he declared his innocence, offered Now, Mr. Chairman, you ask us to reverse this action; ay, more; you his evidence, and asked for examination. He began when, on the 3d ask more than that. You ask us, where James A. Garfield wrote day of September, 1862, immediately after the battle of l\1ana sas, he ''guilty'' twenty-two years ago opposite the name of Fitz-John Porter, repaired to Wa hington and demanded a court of inquiry. Lincoln / 1884~ CONGRESSIONAL RECORD- HOUSE. 809 ·

granted it on 1:he 5th of September, and here is the orJer, but neither formed him of the decision and its reasons. He started at 3 o'clock Porter nor the world knew it until sixteen years afterward: with the first glimmer of light that made the itart practicable, and w A.B. DEPARTM:E~T , there is no e\idence that loss resulted to anybody from the delay. Pope Washington Oity, D. 0., September 5, 1862. admitted in his testimony (volume 1, page 19) that it did no harm. Ordered, That there be a court of inquiry to inquire and report as to- The whole charge is so trivial that it was evidently brought as a make­ First. Maj-Gen. Fitz-John Porter. Was he and his command in the battle of weight, as something to buttress the main charge. Friday, August 29,1862, General Pop~ commanding United States forces; and, if not, where was he; and why was he not in said battle? HEADQUARTERS AR)!Y OF VIRGlNIA, Second. Maj-Gen. William B. Franklin. Was he antl hls command in the bat­ Centreville, August 29, 1862. tle of Saturday, August30, 1862, General Pope commanding United States forces; Generals McDoWELL and PORTER: and, if not-, why was he not in said battle; why did he not march from Alexandri:.\ You will please move forward with your joint commands toward Gainesville. toward Genernl Pope sooner than be did; and having marched, why did he not I sent Geneml Porter written orders to that effect an hour and a half ago. reach General Pope sooner than he did? Heintzelman, Sigel, and Reno are moving on the Wo.rrenton turnpike, and must Third. Brig-Gen. Charles Griffin. Wa~ be and hls command in tbe battles of now be not far from Gainesville. I desire that as soon as communication is es­ Thursday and Friday, August 29 and 30, 1862, General Pope commanding United tablished between this force and your own the whole command shall halt. It States forces; and, if not, where was he; and why was he not in said battles, one may be necessary to fall back behind Bull Run at Centreville to-night. I pre­ or both? sume it will be so on account of orJr supplies. I have sent no orders of any de­ .ABRA.H.AM LINCOLN. scription to Ricketts, and none to interfere in any way with the movements of McDowell's troops, except what I sent by his aid-de-camp last night, which The court met three or four times and then ''was adjourned indefinitely were to hold hls position on the Warrenton pike until the troops from here should by order of General Halleck.'' Stanton gave no long rope to his courts fall upon the enemy's flank anearth beneath and the atmosphere between so fruitful a head in his dispatch numbered 26A (volume 1, page 329) he says so. Why, of eloquence that the galleries thought they heard the famous chorus then, did gentlemen discuss this joint order which was executed, as say of the opera, "Let us talk about the weather." [Laughter.] Neither both :\IcDowell and Pope? There would seem to be no reason except of these two orders was to fight. They were simply to march. ThOJlgh for the temptation towarm our blood with the battle-cries of McDow­ not important enough to be mentioned in the minority report, as they ell, : Fight? That is what ·we are here for," and "You go in there." have been the source of so much eloquencA in the House, let me refer These are good cries either for the House or for the :field, hut they to them to escape confusion. were better had they been uttered by McDowell on the :field as they [Order No.1.] were repeated by the gentleman from Ohio [M:r. KEIFER] in the HEADQUARTERS ARMY Oil' VIRGIN£A, !louse, in a voice that could be distinctly heard; for General Porter Bristoe Station, .Augu.st 21, 1862-6.30 p. m. never heard them; Lieutenant-Colonel Locke, chief of staff, never G~ERAL: The major-general commanding directs that you start at 1 heard them; Captain Martin, of a Massachusetts battery; Captain Earle, _o'clock, and come forward with your ...vhole corps, or such part a.s is with you, so as to be here by daylight to-morrow morning. Hooker bas had a severe ac­ Lieutenant Davis, and General Patrick never beard them; but, being all tion with the enemy, with a loss of about three hundred killed and wounded. six by and present, did hear Generall\lcDowell say, "This is no place The enemy has been driven back, but is retiring along the railroad. We must to fight a battle; you are too far off." And when General .McDowell drive him from Manassas, and clear the country between that placeo.nd Gaines­ ville, where McDowell is. If Morell has not joined you, send word to him to was recalled to e~plain the dilemma, that the three gallant officers did pusll forward immediately; also send word to Banks to hurry forward with all not hear ''That is what we are here for,'' and to ''Go in here,'' hut speed to take your place at Warrenton Junction. It is necessary on o.ll accounts on the contracry, " This is no place to :fight a battle,., what was Mc­ that you should be here by daylight. I send an officer with this dispatch who will conduct you to this place. Be sure and send word to Banks, who is on the Dowell's explanation? I repeat his very words: road to Flloyetteville, probably in the direction of Bealeton. Say to Banks, also, I can not recollect precisely what occurred or what conversation or what that he had best run back the railroad trains to Cedar Run. If he is not with words passed between us at that time. I can not say what language I used or you, write him to that effect. how it may have been understood whilst talking on that. (Pages 217 and 218.) P. S.-lf Banks is not at Warrenton Junction, leave a regiment. of infantry and two pieces of artillery as a guard till be comes up, with instructions to follow Why did not the gentleman from Ohio declaim what General Mc­ vou immediately. If Banks is not at the junction, instruct Colonel Clary to run Dowell was heard to say, and not what he wished he had said? The the traias back to this side of Cedar Run and post a regiment and section of artillery with it. cry ''This is no place to fight a battle' ' would not be so good for the House but would have been a better order in the field; for it has never The first order was that General Porter should start at 1 o'clock on seemed to me a very creditable picture, even when pain~d by the gen­ the morning of August 28, 1862, and march his force nine or ten miles tleman from Ohio, to see McDowell ta.ke eighteen thousand men (ten to Bristoe Station, that it might there join ~t daybreak with the main thousand of Ricketts's, eight thousand of King's) from Porter, leave him army for the purpose of clearing the country between that place and with only nine thousand, and march away with his great force {J:om Gainesville. General Porter, upon receiving it, summoned his generals the field, while he pointed to Porter in the opposite direction and said, and they looked at the state of affairs. The night was dark and misty; ' ' You go in there.'' It always seemed to me and to the world that the road, surface and ditch, was blocked with wagons and cap nons and McDowell, if either, should have gone in there himself. [Applause.] their wrecks. It was doubtful if any effort made before the first glim­ HEADQUARTERS IN THE FIELD, mer oflight would accomplish anything. It was certain that no effort Attgust 29,1862-4.30 p. m. could get the troops to Bristoe Station at daybreak, as was desire~. Major General PORTER: The e troop were fatigued and would need rest. They should be fresh Your Hue of march brings you in on the enemy's right flank. I desire you to push forward into action at once on the enemy's flank:, and, if possible, on his for the aU-day task of wandering in pursuit, which the order fore­ rear, keeping your right in communication with General Reynolds. sJ:ladowed. The order showed, too; that the task to which they were The enemy i.s massed in the woods in front of us, but can be shelled out as soon summoned was not one of immediate importance. It wa') not a sum­ as you engage their flank. Keep heavy reserves and use your batteries, keeping well closed to your right all the time. In case you are obliged to fall back, do mons to a defense, or to an attack where great haste and exact punct­ so to your right nod rear, so as to keep you in close comruunic:ation with the uality was demanded. The order said that the enemy had already been right wing. · · driven back and was retiring. The task was to '' clear the country " JOH:N POPE. behind. them. That task could begin as well any hour after daylight. Mtrjo1·-General Commanding. These facts upon which that. little council of war passed were not And now ior the order of 4.30, an order which the minority report conjecture. Before the order was received Porter had sent out two did di cuss. Upon it stands or 1hlls the guilt of Porter. This order re­ aids to view the road and report. This he did in anticipation of orders, quired Porter to fight. It instructed him to attack the enemy on his and when he and his associates decided that it was not wise to make flank and, if possible, on his rear. He did not attack the enemy on his the ~tart at 1 o'clock, be promptly sent a messenger to Pope and jn- fla.nk or on his rear. .And what is his defen e? First, he received the 810 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 1,

order after 6 o'clock at night, when it was too late. But, again, Por­ of the enemy's artillery and their faces were black with the smoke of ter, notwithstanding the cowardice with which the gentleman from Ohio battle. They were honest and honorable men, but they were human, [Mr. KEIFER] taunted him, chooses to accept a braver defense, and ad­ and when a stern Secretary of War who made and unmade generals at mit that had the order come in time he would not have made the his will ordered them to vote and go, they voted and went. When attack. they voted, they ga,e, just as you and I would have done, to their First, as to the time that this order \Vas recei \ed. Before the court­ country the benefit of the doubt. They sat forty-five day ; they gave martial there was no documentary evidence to fix it. There was much the accused thirteen days out of them. They neglected to produce any oral testimony, and some of it conflicted. The vast preponderance, of his witnesses for whom he asked, but Stanton's order was read in the however, seemed to establish the fact that Porter received it at sunset. morning and they closed the testimony that day and went. Major-General Sykes says hewas present when the order was delivered, The gentleman from Ohio [Mr. KEifER] said this was a '' mo t august and says, ' 1 It was as near sunset as I can remember.'' Colonel Locke, tribunal.'' Has he forgotten the Long Parliament and its prompt obedi­ too, saw the delivery, and says it was between sundown and dusk. ence and adjournment at the command of Cromwell, compared with Captain Monteith, too; was present; he says it was sundown. Thetes­ which this ''august tribunal'' was a slow coach '? timo:ay of these three officers joined with that of General Porter would They voted and went. The world will never know but that it was seem to be sufficient. But before the advisory board, sixteen years af­ by a vote of five to four that Stanton got his will. I hope it was not terward, some new dispatches of Porter were produced. General Mc­ so. For one judge left the bench and went to the witne...QS-box totes­ Dowell produced one which is marked as No. 38 P. The whole context tify for conviction, and four other judges received promotion within of this dispatch shows that Porter wa at the time of writing it without two weeks of the time they rendered their judgment. I wish the mtyinformationfromPope, and eagerly awaiting it. He pleads," Please world on this point might appropriate the exclusive information of the let me know your designs.'' After .McDowell had presented it to the gentleman from Michigan [Mr. CUTCHEON]. He says ''the nine able board and it had been read, Porter with a listless curiosity took it up, generals who tried him with all t~e essential facts before them said there when his eye fell upon the date obscurely written in the corner "Au­ could be but one verdict. ' This is the information that we want, the gust 29, 6 p. m. '' This settles the matter. The 4.30 order wa not unani~ty of the nine generals, but unfortunately it is confined to that received until after 6 p. m., August 29, 1862. It was received later, gentlernau, and history may not appropriate it. He has, too, exclu­ and, if later, it was received too late to make the attack if directed. sive information, for which Englishmen would pay a million of pounds. But had it been delivered earlier, as it ought to have been, Porter They would give that or more to make .Admiral Byng a subordinate and would not have made the attack. He could not make it. He could the commander of a single ship. It would wipe out a bloody page in not attack upon the flank, much less upon the rear, of Jackson's force, ·British history, and thestinging epigram of Voltaire, whothoughtthat as he was ordered to do. He knew that a great force had come to Por­ the English had to kill every now and then a brave admiral to encourage ter's front of .which the order showerl his comma11ding general knew the rest. [Applause.] The gentleman from Michigan had, al o, ex­ nothing. This new force of the enemy blocked his wa.y, and he could clusive but this time inaccurate knowledge of the course of hi tory. He attack the flank or the rear of Ja-ckson only by annihilating the force says '' in;lpartial history will declare that there could be but one ,-er­ of Longstreet. Longstreet had twenty-five thousand men in front of dict, '' yet the report of the minori.ty which he signed calls attention Porter; Jackson had twenty-three thousand in front, but to his right; to the opinion of a writer which it calls "a careful militru:y historian, and Porter had what McDowell had left him, nine thousand. Porter the author of perhaps the best history of our civil war that has been 1 could attack and lay their bodies at the feet of Longstreet s guns. The written.'' The report says that ' he was up plied with ample facilities gentleman from Indiana [Mr. BROWYE] thought he ought to have done to inform himself and so situated that he can and does mite without so, as he thought that the charge at Balaklava was war and not a pec­ prejudice or passion. This historian, the Comte de Paris, writes: " tacle. Porter thought otherwise, and his opinion seems to haTe been Impartial history should censure Lee's lieutenant rather than Pope's for his approved by General Grant, General Schofield, General Terry, and Gen­ inaction during the 29th; and whether the latter did or did not neglect the orders of his chief, it must be a{!knowledged that Porter' mere pre ence in front of Long­ eral Getty. He must bear this difference of opinion between himself street condemned forces outnumbering his own to remain inactive which other­ and the gentleman from Indiana in such company as thi . [Laughter.] wist> might, with great advantage to the confederate cause, have been employed It is charged that Porter did not know at that time that Longstreet's to attack Porter or to re-enforce Jackson. forces were before him. What evidence shows that he had this knowl­ How happened my accurate friend from Michigan to make this great edge on the afternoon of the 29th of August, 1862? First, the whole mistake? It came naturally from the unwillingness of his side to look tenor of his dispatches shows that he had watched the progress of the at any new evidence. He read the first edition of thi hi tory, which enemy's forces and had been constantly expecting Longstreet s appear- censured Porter, and neglected to read the new edition, where the . ance. On the 27th Porter says ina dispatch, No. 20, 11 Everything has princely author, having read the new evidence, dared, like Grant and moved up north,'' and-says that he gets his information from an·inter­ Schofield and Terry, to change his opinion in the presence of new and cepted letter of Lee's. McDowell knew it, and said that Longstreet was conclusive facts. And inasmuch as the ability, fidelity, and impartial­ coming i!hrough Thoroughfare Gap (volume 1, page 349), and .McDowell ity of the Comte de Paris have been so generously a"ouched by our says he told Porter all he knew. Again, in the dispatch that Porter opponents, let me read what was his final opinion: sent at 6 o'clock, August 29, asking. Pope for information, he says: His attack- From the masses of dust on our right, and from rewrts of scout , I think the enemy are moving largely that way. ' Speaking of that which the gentleman from Indiana [Mr. BROWNE] Earlier in the day Porter had captured prisoners from Longstreet s wished him to make on the night of August 29, so that the country army. At noon McDowell showed him Buford's dispatch, which said might have seen at?other Balaklava- His attack, therefore, could not have produced the results upon which the that a large force had passed GainesTille, only three miles off, before 9 general-in-chief had coun~ed. In spite of the impossibility of his executing lit­ o'clock that morning. (Volume 1, page 82.) At abont that time the erally Pope's order, and whatever may have been the orders given him by Mc­ enemy fired musketry at M:cDowell and Porter while their forces were Dowell during the day, Porter might undoubtedly have pres cd the (>nemy more clo ely. Perhaps he might even have obtained a partial succe before together, and during all that afternoon Marshall and Morell were fly­ Wilcox's arrival. But under no circumstance could thi movement have had ing over the country testing the enemy at every point, and reported in the slightest effect upon the result of the engagement which wns now taking a.dozen messages that they found him everywhere present in front and place on the right ot: the Federal Army, for Longstreet could have resisted Porter with forces superior to the latter without being obliged to detach a single man in strong force. (Dispatches 29 to 31, both inclusive, volume 1, pages from that engagement. Therefore impartial history should censure Lee's lieu­ 333 to 335, 380 to 382.) These were the means by which Porter gained tenant rather than Pope's lor his inaction during the 29th, &c. his information and he testified that he had it before the court-martial But it is scarcely fair to leave the gentleman from Michigan alone to in 1862: bear the errors which the side he so ably but inaccurately defended To begin, the fundamental averment of the order upon which it all rests is en­ tirely untrue. That averment is that my line of march as pursued under the have everywhere made. I have time now to allude to a misrepresen­ joint order above referred to brought me in on the enemy's right flank. The tation, unintentionally made, of the opinions held with reference to the fact is that my line of march as so pursued brought me not in on the enemy's conduct of f1le trial by ReveTdy Johnson. One gentleman assumed right flank, but it brought me directly upon the front of a separate force of the enemy from ten to fifteen thousand strong, of the pre ence of which thus di­ that this august tribunal, which clo ed its evidence upon the day that rectly in my front General Pope, when he wrote the order, was wholly ignorant. the Secretary of War ordered, which ent one of its judges to the wit­ ness-box and saw four others promoted within two weeks of the verdict, Do gentlemen want better evidence than this? Here is Pope s an­ was all right, because Reverdy Johnson had said: nouncement on· the 27th that the enemy is coming. Here is Mc­ Whatever may be the result, neither General Porter nor his friends can have Dowell's testimony that he knew on the morning of the 28th that the any ground of complaint ag'!linst the court. I consider the trial to have been enemy was coming through the gap. Here are prisoners taken on the perfectly fair. morning of the 29th, and here are Marshall and Morell in a dozen mes­ sages in the afternoon of August 29 confirming his knowledge. And This would have been a great help to the character of this august heJ.·e, as well as anywhere else, let me say that I do not find that the tribunal had it been true; unfortunately it was a newspaper story; new testimony, whether obtained from loyal or Union sources intro­ fortunately I bave the newspaper in which it was published, and across its lying face a~ written these words: "False, ab olutely false. R. J." duces anything new. It only serves to confirm what Porter and his Here is the new paper, and here is the indorsement, and here is the witnesses had testified to in the trial. letter written by Reverdy Johnson, in which he says: These were the offenses. What was the court-martial that passed the I have obtained a. copy of the Chronicle, and inclo e you the article on the sentence? It was composed of nine soldiers, gathered hastily in this }'(>ply. The fact it states as to what I said in the pre ence of high officials of tho city out of the gloomy atmosphere of defeat. They sat within the roar Government is entirely false. 1884. CONGRESSIONAL RECORD-HOD SE. 811

The generals who sat on the court-martial voted and went back to field would employ their wit better in telling how it di:lJers from the the fight. They hoped they had done their duty, bnt feared. Their board proposed in this resolution by him. Garfield propo ed that the uneasiness increased when lawyers, soldiers, and States began to ex­ President should appoint. Garfield proposed that the appointees should amine their report. They examined it sitting apart from the noise of be officers ofhigh rank in th~ Army. Garfield proposed that this board battle and they weighed calmly the evidence. Lawyers like Daniel should examine the eridence alleged to have been discovered by and Lord, Sidney Bartlett, B. R. Curti , J. G. Abbott, William D. Ship­ to be in possession of Fitz-John Porter, unattainable at the time of his man and Charles O'Conor declared over their own signatures that trial, and report what, if any, bearing such evidence, if substantiated, the ~riginal wrdict was against the original evidence. Said Daniel would have in the findings and entence of the court-martial in his Lord: cruse. How does the advisory board here proposed and described differ At the time of General Porter's trial I read the proceedings with astonish­ from the one whose report is before us? There has not been even an at­ ment at the testimony received and acted on, and am convinced that the trial tempt to show the difference. One gentleman, when pressed, exclaimed, was substantially conducted on an order to convict. '' Garfield meant to have no such board as this.'' Said Judge Curtis: Two of the board were so prejudiced against the accused that they at I think General Porter was improperly convicted on the evidence before the first refused to serve. Did the gentlemen object be~use one of the (lourt which tried him, and be is at liberty to use this opinion when and where judges had no prejudice? This resolution introduced by Garfield shows be chooses. that he was willing to have the proceedings of the court-martial open Said :iartlett: and its findings reviewed by an advisory board. And unless our oppo­ You are entitled to my judgment in the matter, which is that the evidence nents can destroy the records of the Forty-third Congress they hould fails to support the charges agairu;t you, and that acquittal instead of convic-­ cease their efforts to misrepresent his position. I draw my CO.J;lclusions tion should have been the result. from this public act of Gener::tl Gru·field. As his friend, I can not pro­ Said Abbott: duce his private letters to show how near under provocation he came The finding of the court seems to me so unwarranted by the whole evidence to breaking the secrecy on which honor shut his lips, ·and if I did this that I should be glad to think it was the judgment of a. tribunal utterly illegal and not recognized by the laws of the land. dishonor to his memory I should want to find something stronger for my case than the Cox letter, where he says: Said Judge Shipman: I have not yet made, in the light of the new testimony, a. careful strategic With all deference to the members of the court, I thought then, and still think, study of the field and map as you have done. their conclusions unwarranted by the evidence. Can there be a stronger comment on the impropriety of this practice Said Charles O'Conor: than the effm·t to claim an opinion from General Garfield out of a letter I am convinced that a. new trial ought to be had in the case of Fitz-John Por- in which he admits that he had made no careful study of the subject? ter. There is no adequate evidence of the misconduct alleged, and the record I, too, have letters, and they have allusions to this subject not unfavor­ leaves it very doubtful whether any opinion was ever formed against him which able to the side I advocate. Here are two of them, but they are marked Robert C. Winthrop, Amos A. Law- the forces. On these they report and acquit Porter of all guilt. Gen~ renee, and others, of their own motion and without the knowledge of tlemen hesitate because they are unwilling that the proceedings of this General Porter, prepared an eloquent memorial to the President, in court-martial, this august tribunal, should be reviewed. They claim which they asked him to reconsider the proceedings of the court- that the review of a court-martial is unconstitutional. I do not agree martial. The memorial got into the new~papers, as anything signed with this view. They speak as ifcourt- martials were the Supreme Court, by such illustrious names naturally would, but was never pre ented. and established by the Constitution. They were, however, created by General Porter heard of it and sent his earnest request to ~1r. Everett the Legis1alture, and the power that created can review, correct, or de­ that no such action should be taken. He said wisely that it was pre- stroy. But the'action of the House to-day is not a review of the court­ mature: Another, who became President, and whose presence upon that martial or its proceedings. We are hearing no appeal from that court. court-martial gave its decision greater weight, on the 18th of January, Wea.reexercisinga frequentand undisputed right. We are puttingin- 1875, moved in this very House that a board of examination might be to the Army of the United States an illustrious general whose serv­ appointed who should receive the new evidence which was offered. He ices there will he valuable to the Commonwealth. If om action seems introduced this resolution unsolicited, and wrote to General Porter that to reflect upon the view of General Porter's merits which the court­ he believed it would be adopted; and here is the resolution: martial expressed, that is an unpleasant discrepancy between that board Resolved by the &nate and House of Representatives of the United States of America and this House. Let the verdict stand and go into history. ·!But out­ fin Congress assem.bledt That it shall be the duty of the President of the United side of the courts and irrespective of that court's deris~n the world States to convene a ooard of officers of high rank in the Army, unconnect-ed now knows and admits that General Porter was a good soldier and suf- with the armies or transactions in question, to examine the evidence alleged to fi d C · · have been discovered by and to be in the possession of Fitz-John Porter, unat- . ere a wrong. And ongress, recogmzmg the inexorable logic of facts, ta.inable at the time of this trial, and report what, if any, bearing such evidence, accepts the conclusion and completes a pardon which the Executi \e if substantiated, would have in the findings and sentence of court-martial in his began. [Applause.] It were as well to claim that the pardon of the • case. President overruled the court-martial as that our action in restoring And here is the letter, with that signature so familiar and so dear to General Porter bas overru.led it. many of us. I. present it now because it has been made publiC: before: The advisory board did not sit to review thetrialofthe court-martial. WASrusGTOX, D. C., February19, 1875. They sat to review~ case in which the parties were the same, but the DEAR Sm: Your two letters came duly to hand, together with the pamphlet. evidence was very different. . Their report cOntributed to that general I owe you an apology for not answering you sooner. · · d h 1 1 · I introduced the bill to which you refer, not because I was conscious of any COnVIctiOn an t at popu ar know edge on which with the report we intentional wrong done you by the court, for I have never cOI;l.Curred in these- are acting. On the facts derived from this report and elsewhere we are vere reflections which have from time to time appeared in the public press on the asked to restore General Porter to his position in the Army. He does motives and conduct of that court; but I am willing that any new evidence you not ask money for services he was always ready and willing to perform. may have shall be presented to the Government in an official form, and re- ported to the President by a board of officers who were in no way connected He does not ask compensation for suffering and loss a:most unparalleled with the trial or with the operations of the army w which the trial related. in history. He only asks thattheranksof the Army from which he was I have spoken to several members of the Committee on 1\Iilitary Affairs, and driven should be open to receive, and that the sword which was taken from understand them to be willing to report the bill to the House. They have not yet had an opportunity to do so, but I hope they will before the session closes. him should be placed at his side. Shall th.ls scanty justice be refused Ishallconsideryourpamphletas_confidential, uulessyouotherwisedirectme. him? While I make the appeal I pause to admit his faults-serious Very respectfully, your obedtent servant, J . .A. GARFIELD faults, but excusable; faults, but not crimes. He wns not a traitor. General FITz-Jmrx P?RTER, . · Punish him if, in his anxiety to furnish the information for which Burn- Morrutown, N.J. Iside, McClellan, and Lincoln constantly pressed hlm be spoke with a • Gentlemen who have used theirwitto belittle the dignity and meth- frankness and freedom which was characteristic of his nature but con­ ods of the advisory board and claim gr~t friendship for General Gar- traryto themilit..'l.rydisciplinewhen hespokeof onewhowashis superior 812 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 1,. in the field. Remember that dispatches were coming from Lincoln, from tion in every fact and in every act of the successful prosecution of our­ McClellan, from Burnside, saying that their only knowledge of the mo­ war. mentous events transpiring in the front must come tbTough him, and But, Ur. Chairman, when the proposition is pre2cnted uponro eminent that, in grateful obedience to three men whom he especially honored and an authority as that of Geneml ffiysses S. Gmnt it naturally requires­ trusted, he wrote just what he thought; and remember, too, that his­ something besides mere assertion of dissent to meet and counteract it. tory has stamped just what be thought and wmte as the truth. For I declare that General Gmnt's statement in behalf of Fitz-John Porter­ this breach of military discipline, however, let him be punished. He is in contradic~on of the very principles upon which be himself con­ bad no faith in his commanding officer, and he improperly communicated ducted the great operations that resulted in the suppression of the re­ hls suspicions and dislikes to the President of the United States and to bellion. hls commander-in-chief: Thls was an offense, :Mid so was Washington's, I appeal from the special pleading of General Grant in this ca e, so­ when on the :Rot Sunday at Monmouth he cursed General Lee loudly persistently pressed upon hls sympathy, to the testimony of General for hls cowardice or folly. But this offense is slight and has been already Grant in another case where the fortunes and reputation and honor of punished. Don't think of this little fault.. Think of his great vir­ as gallant an officer as ever wore uniform we1·e at stake. General Gou­ tues. Remember how he fought on the 30th! That order came in time verneur K. Warren, of the Fifth Army Corp, which he commanded and froni a superior who at last had learned hls surroundings. And subsequently to Fitz-John Porter, was superseded at the battle of Five with Porter at their head the Fifth Army Corps charged into the gates Forks just as the genius of victory was about placing the wreaths of of hell, and into the jaws of death. This was magnificent, and this :final triumph upon our national standards, just as fruition was coming was also war-war at its sternest. They went in six thousand-they to the gigantic military efforts of four long years. General ·warren was came out leaving twenty-two hundred on the :fielcl. It was a loss to removed from his c.ommand at the supreme moment of national victory; Porter of twenty-two hundred friends, for the Fifth Army Corps was, he was placed under the cloud of suspicion and disapproval; and when and is to-day, and while one veteran survives will be, the faithful, he had rested for long years under this oppr.:>brium and had unsuccess­ unfaltering, loyal friend of its gallant commander. Give him back to fully sought for a removal of the censure, at last a board of inquiry was­ them. [Applause.] ordered in his case, aud among the most important witnesses on that 1\Ir. Chairman, the chief of the rebellion walked down the steps of oc.casion was General Ulysses S. Grant. this Capitol threatening to return and destroy it. He attempted its Now, I Will not go into the merits of this ca e of General Warren. destruction and failed. Yet Jefferson Davis walks in freedom. l\Ien That gallant soldier is dead. He sleeps enshrouded in the flag to which who penned our soldiers ia Andersonville and Libby still live. he was never false. He sleeps embalmed in the affections of the pe:;ple Officers trained at West Point, whose treason is not investigated, for whom he served with fidelity and ability for four long years. He sleeps they practiced it from the Mississippi to the Pot.omac, sit in thls House. beloved by the men whom he so often and so nobly led into battle. He hall Porter, innocent in heart-if erring in act, alone be punished? sleeps 'vith but one reflection upon hls Jllem01-y, the complaint-which Must be be a sacrifice for a nation? is also earne,<,'iily denied-that he was a little tardy upon that occasion; The hero of Mexico and Malvern and Manassas asks only for justice; and for that he was denied a share in the glories of Appomattox aud ifyou refuse him justice, I plead, against his wishes, for mercy. Take put under rebuke while others were receiving the plaudits of the people. this innocent man from the side of Judas and Arnold and place him by Mr. Chairman, when the time came to vindicate or relieve that gal­ the side of those who honor him-by the side of Getty and Sykes and lant officer, who had become stricken by disease incurred in theserdcc of Ten-y and Schofield and Grant. [Long-continued applause.] bis country, and who was yearning for the vindication which bad been 1\Ir. BOUTELLE. :Mr. Chairman, I find myself in the somewhat lelayed so long, General Grant was caJJ.ed as one of th'e principal wit­ embarrassing position of controlling t.he last hour of the time on this nesses; and I want to read to you from his testimony to show what ide oft.he debate, for a portion of which applications haYe been made General Grant's opinion was in the case of General Warren in regard to. to me by six or eight gentlemen whose names were on the list of speakers the duty of subordinate officers. I read from the testimony of General and whom I am umvilling to deprive of the opportunity of being heard. Grant, proceedings of the court of inquiry, page 1041: I must, therefore, necessarily abandon the purpose of attempting to dis­ (t. As far as you recollect was the reason of your requesting Generall\fendc to­ cuss the merits of this case in anything like detail. In fact, Mr. CbaiT­ send that additional dispatch the fact that you alluded to before, that you had no­ man, in the few moments which. I shall occupy under the stress ofthis one to send yourself? limitation of debate, w)lich is to be regretted in the disposition of so General Grant answered: important a case, I may hardly hope to do more than perform a duty It would be impossible for me to answer now from recollection just what I did. I know through the whole of the day from the time General Sherida n was sen­ which I believe I owe tQ my native State, to the soldiers of my State, off to my left. flank until Five Forks was carried I was watching their every including many gallant members of the Fifth Army Corps, who desire movement and everything that was done, doing all I could to aid. I was nd­ to have their protest entered here ·against the passage of this bill. ing orders here and there to one army and another. We have heard from major-generals and brigadier-generals and pri­ Please note tbat he was not giving orders simply to subordinates in vate soldiers, and the assertion has been made here by the gentleman his immediate vicinity, but that he was sending off orders to one­ from New York in charge of this nieasure that of all the soldiers in ' 'army '' here and another ''army '' there-- Fitz-John Porter's command not one can be found to join in hls con­ ! was sending orders here and there to one army and another, wherever I demnation. It wou!d have been my pleasure, as well as my duty, had judged there was an opportunity of putting it in; rmd I want.ed my orders. time afforded, to have cited a satisfactory refutation of that fact from promptly obeyed and generally had them. the mouths of a number of witnesses, as true and worthy soldiers as That he generally had his orders obeyed will be freely testified by many eYer fought beneath the flag. Suffice it to say that among all the soldiers of his officers now seated on the floor of thls House. But says General of my State, with whom I have a somewhat familiar and friendly ac­ Grant in addition: - quaintance, I have received but one communication in favor of the Where officers •u:ndertook to thi11k for tltemsdt:es and coJUidered that the officer giv­ p:18Sage of this bill, while on the other hand I have received numerous ing them o1·dcrs had r. ot fully considered what everybocly else was to do it generally led' protest , among them an urgent letter lying upon my desk to-day from to fauure o1· dday. ::\ gallant cavalryman of the glonous First Maine, who sat his horse by I do not hesitate to say, 1\lr. Chairman, that is the doctrine, that is­ the side of Fitz-John Porter as his orderly on the 29th of August, 1862, the essence of the military code which carried the banner of Uly ses and who Vifites to me to express the sentiment of indignation and as­ S. Grant from Donelson to Vicksburg and from the Wilderness to Ap­ tonishment which he says was almost universally felt among the troops pomattox. It was the doctrine of obedience to orders, and I appeal at the inaction of their general and his failure to give the enemy battle from the special pleading of General Grant in behalf of ,Fitz-John Por­ on that day. Another and similar protest comes to me from a. brave ter to his sworn declaration of his faith and his practice in the case ot sergeant of the Second Maine Infantry, who, like his comrade,· says it Gouverneur K. Warren. was believed by the soldiers that Porter did not mean to support Pope. If it were necessary to add emphasis to this terse statement of the So much for the alleged unanimity of the testimony on the part of the necessity for prompt and implicit obedience and for the vesting of ab­ soldiers in favor of Fitz-John Porter. soluteauthorityin one commanding and directing head in time of battle, - Mr. Chairman, if this measure has been based or rested upon one con­ I might cite the htnguage of that other great military ~hieftain, Will­ sideration more than another it has been upon a statement of the iam Tecumseh Sherman, who, in renewing this case as General of the opinion recently given by the great commander of the Union armies, Army, July 151 1882, said: General Grant, who seems to be regarded with so much and such un­ It would be an unsafe and dangerous rule to hold the commander of an army in battle to a technical adherence to any rule of conduct for managing his <:om­ wonted enthusiasm on the other side of this Chamber for the purpo es man d. He is responsible for results, and holds the live and reputations of every of this debate. · officer and soldier under his orders as subordinate to the great end-victory. The groundwork of the argument here for Porter has been the asser­ The most important events are usually compressed into an hour, a minute, and he can not stop to analyze his reasons. He must net on the impulse, the convic­ tion of the doctrine by the board of review, which is alleged to be in­ tion of the instant, and should be sustained in his conclusions if not manifestly dorsed by General Grant, that a corps commander in time of war is unjust. The power to command men and give vehement impulse to their joint justified in using his discretion in regard to obedience to hls orders. action is something that can not be defined by words, but it is plain nnd mani­ fest in battles, and whoever commands an army in chief must choose his subor­ Now, I undertake to say' that the declaration that a subordinate mili­ dinates by reason of qualities which can alone be te ted in actual conflict. tary officer in time of battle, in the face of the enemy, is justified in ]'; o one has questioned the patriotism, integrity, and great intelligence of Gen­ using his discretion as to obeying an explicit and peremptory order of et·al Warren. The e are attest~d by a-long record of most excellent service; bu* in the cla~ h of arms at and near Five Forks, March 31 and April!, 1865, his per­ his lawful commander~ one of the most astoni bing propo itions ever sonal nctivity fell short of the standard fixed by General Sheridan, on whom put before the American people. I assert that it found its contraclic- alone rested the great responsibility for that and succeeding days. 1884. CONGRESSIONAL RECORD-HOUSE. 813

~Iy conclusion is that General Sheridan was perfectly justified in his action in Mr. BOUTELLE. The gentleman says ''that is clear." It is. It this case, and he must be fnlly and entuely sustained if the United States expects great victories by her armies in the future. is also clear that in New York in the same yeru: the representatives of the same .party attempted to pay another installment of their debt of Apply the rule and the logic of these clear·cut declarations of Grant gratitude to the great, liberal, and conciliatory leader of the Republican and Sherman to the case of Fitz-John Porter, and theattempt.to ro·gue party by deliberately endeavoring to fix upon him the authorship of an in favor of restoring him to the position he forfeited will appear worse infamous forgery. That is the reward that General Garfield has re­ than ridiculous. Their wordc;; warn us that the excusing, not to say ceived. :glorifying, of such insubordination and failure of duty as that for which . And here to-day we have men endeavoring to make us believe that the Porter was r.ashiered by a general court-martial wm stril'e a danger­ murdered President, if he could speak, would desire that the verdict of ·ous if not fatal blow at the discipline and 1norale of our Army. To ap­ his court-martial should be reversed and dishonored. I want to say, -ply the phraseology of General Sherman, the verdictoft.hat court-mar­ l\1r. Chairman, that I know something of General Garfield's feelings in 'tial ''must be fully and entirely sustained if the "GnitedStates expects regard to this case. I have talked with General Garfield myself in re­ -great victories by her armies in the futUI'e." gard to it. I ha\e talked 'vith the deare t friends be had on this earth. The other theory of justifying a disobedience of orders in time of "TVar, I have talked within twenty-four hours with one close friend who bent m presence of the enemy, upon the strength of evidence of the military O\er him as the last teeble, fluttering breath forsook his lips; and they situation discovered many years after, unkno·wn to the delinquentoffi­ all bear testimony that to the last moment of his lile General Garfield oeer at the time and lar~ely furnished by the enemy who were benefited ielt the injustice of the finding of this '' board of review'' as the great­ by the delinquency, seems to me a novel and dangerous one. est and most grievous wrong that had ever been put upon him. I think the American people will hesitate still some time before con­ I protest against the false preten e of bringing the name of James A.. -demning General Grant for crushing the rebellion because distinguished Gartield in here to-day to a.ssist in the desecration of Garfield s memory. Brooklyn, in the lead, dis­ vania (Mr. BROWN]. -covered that the line of sailing led directly across tQ.e dead line of the Mr. BROWN, of Pennsyhania. I think I have discovered, in the -submarine batteries, and when the iron-clad Tecumseh, striking one of short time I have been a member of this House, a disposition on almost them, lurched and went down, with all on board, within a stone's throw every hand to reverse all that the people did in the days of the war and ()f his own vessel. Yes, it would be easy to prove how strong the de­ the years immediately following. The first gentleman who addressed fenses were and how desperate the attempt to force them; rmt the pict­ the committee upon this question [Mr. SLOCDM] made the assertion, ure we choose to bear in mind is not that of a cautious and inglorious and it has been quoted on both sides af the House from time to time, retreat; we love ratherto remember the grand old Admiral as he stood that.Fitz-John Porter was tried in a time of passion; that his case did in the shrouds above the smoke of battle and ga\e the order for his not have that consideration which would have been given to it had he <>wn glorious Hartford to take the lead, and, signaling the fleet to been tried when the passions of the people had subsided ancr the war follow the flag-ship, stormed the gateway of Mobile with his wooden had ended. The gentleman fron1 Pennsylvania [l\'Ir. BAYNE] reiterates -squadron, as he before had forced the fiery entrance of the Mississippi. it-; and I think almost every gentleman who has undertaken to defend Lives might have been temporarily saved and bloodshed spared if Fitz-John Porter on this floor has assumed about the same position. the commander of the devoted six hundred had asserted discretion • The gentleman from New Jersey [Mr. PHELPs], who so well dosed and refused to ride to death amid the awful guns at Balakla\a. But the debate on the other side, tells this House that he comes here and the example of such a failure to obey would have cost England thou­ speaks in defense of Fitz-John Porter because Porter is a constituent sands of lives in subsequent operations, and history would have failed ofhis. I wish this whole question was referred back to his constitu­ ()f one of the most magnificent examples of de:voted valor. Had the ents, and that Fitz-John Porter could go where be could be properly -commander of the Light llrigade failed to obey, and afterward spent vindicated, by the people. years in appealing for justifir.aiion, he would never have formed the I pity Fitz-John Porter; my heart goes out to him in pity. There­ theme of immortal verse, nor furnished the model for heroism to his fore I would not ha\'e tha.t mockery of commendation, that mockery of -countrymen. Better for him, better for humanity, even though ''some vindication, which must, of necessity, come from this House if' this bill ()De had blundered," that while gallantry has a historian he and his shall pass. The vindication which Fitz-John Por1er should seek is a men will be remembered as they rode splendidly" into the jaws of vindication from the people. Death " for the honor of the flag and the glory of old England. Now, I know of no better State for an appeal to be made with a greater Mr. Chairman, lack of time pre\ents me from sa.ying some other things certainty for vindication than the State of New Jersey. It is in that which I would like to have said. Permit me simply to advert to one State where lives the man next to him, the man who approached neai:est Temarkable phase in this discussion. I must say that I have sat here to him in trea.al mistakes, such as they were, came from his over­ among officers high in command so bitter and so deep-seated as to de­ generosity. There is no fact fresher or more painful in American his­ moralize the army and dishearten the people. Twenty thousand men tory than that ii'le only leaves that have withered upon Garfield's tomb had bled and died in vain; twenty thousand stand of arms had gone have been the olive branches that he offered to his enemies. into the hands of our enemies. The capital of the nation was threat­ The gentleman from Nf'.w York [Mr. SLOCUM] has undertaken to ened, and at least one of the great captains upon whom the nation de­ nuke it appea,r that Genera.l Garfield is in some way the author of and pended to lead her armies had proved himself much more willing to -sp:msor for this measure, which stigmatizes one of the most important sacrifice his country for his own a&,onmdizement than to sacrifice himself actionR of his life. buch injustice to his memory is in keeping with for his cotmtry s glory. the only kind of return that General Garfield ever received tor the The campaign which ended in this great calamity really opened on magnanimity that he so constantly displayed. How much has the the 18th day of August. On that day at 4 o'clock began the retreat pMty of the gentleman from New York testified-its appreciationofGen­ induced by the necessity of the situation. General Pope had received eml Gn.rfield'sgreat-hearted political liberality? It was shown in 1880 such information as satisfied him that Lee-no longer menaced by the when their national committee instructed their hirelings and scavengers Army of the Potomac under l\IcClellan-was about to throw hiswhole to crawl on all fours from the slums and the gutters of every city of army with crushing force upon him and to cut his communication with the Union from San Francisco to New Orleans and to write upon the Fredericksburg and the capital. He immediately fell back to the north -curbstones and door lintels insults to the integrity of James A. Garfield. side of the Rappahannock. Here he made a sta.nd, and until the 22d A MEMBER. That is clear. resisted successfully all attempts ofthe confederates to cross the stream. 814 COXGRESSIONAL RECORD- HOUSE. FEBRUARY 1,

There were of hi forces on that day less than forty thousand men of all hood of Gainesville, whihll may bring our line farther back toward Washing­ ton. Of this I will endeavor to notify you in time. You should get here as branches of the seniee. He at once notified the commander-in-chief early in the day to-morrow as possible, in order to render assistance should it.. of his perilous situation and asked for re-enforcements. Thee were be needed. promised within two day . At the same time he was urged. to con­ I am, general, very respectfully, your obedient servant, test the ground on his retreat, so that the entire force then on its way GEO. D. RUGGLES, # Colonel. and Chiefcf Staff. from Harrison's Landing could reach the field beiore a general engage­ Maj.~n.F.J.PORTER. ment. Thus assured, GeneralPopecontinued his perilous retreat until Commanding J!lifth Army Corps. the 26th of August, when he reached the plains of Manas.'ill . Al­ ,What could have been more explicit than to say, as did Pope after though of the entire time there was hardly an hour -w:hen some por­ explaining to Porter the disposition not only of his own but of Lee's tion of his command was not ~ngaged , he held the ad vancmg host so well forces, '' You will understand how necessary it is for. our troop to be in check that on the latter day he had reached ground, without seri­ in position as soon as po ible;'' and again, ''Make your men cook three ous loss,'wherehe shouldhave been met with all the men and materials days' rations," and ' Hurry up Morell as rapidly as po ible, as also necessary for a successful termination of the campaign. the troops coming in his rear,'' adding, '' The enemy bas a ·trong This great success was achieved by tireless vigilance on the part of the column still farther to the left" than before indicated. Wa this an general and by heroic endurance on the part of his men. I venture intimation to Porter that he could take his own time, that he could the assertion-and I base it not only. upon recorded history but upon come to the front at leisure, as suggested by the West Point board and personal observation-that of the troops of Pope's command who gave by General Grant's letter and by gentlemen on this floor? their lives to their country in that hero~c struggle more than one-half of the number never laid aside the barnes of war from the 18th day THE ORDER OF 6.30. of August, when they buckled it on, until the hour they fell in death Being thus forewarned of what might be expected at 6.30 on the 27tht' upon the fated fields of Manassas. Pope issued the following positive order and in truction : Such was the skill, the heroism, and the endurance that brought the HEADQ.UARTER.s ARMY OF VmGINIA. BRISTOE STATros, Army of Virginia through perils by night and perils by day upon soil .August 27, 1862-6.30 p.m. GE}o""ERAL: The major-general commanding direct that you start at 1 o'clock where but for base treachery it had been rewarded with victory. But, to-night, and come forward with your whole corp , or such part of it as is witb sir, the promised re-enforcements came not. Though often urged and you, so a to be here by daylight to-morrow morning. Hooker has hnd a very besought and commanded, McClellan hesitated. and Porter delayed. severe action with the enemy, with a loss of about three hundred killed and wounded. The enemy has been driven back, but is retiring along the railroad. The troops promised for the 25th began to come in small detachments We must drh·e him from Il1anassas, and clear the country be\ween that place and only on the 27th. In the mean time Jackson had flanked Pope's right Gainesville, where McDowell is. If Morell has not joincu you, send word to him and played havoc with military s-tores at Manassas and was making off to push forward immediately; also send word to Banks to hurry forward with all speed to t-ake your place at ·warrenton Junction. It is nece ary, on all with his plunder. accountshthat you should be here by daylight. I send an officer with this-dis­ On the 27th Hooker met the retreating columns of Jackson, under patch, w o will conduct you to this plaee. Be sure to send word to Banks, who Ewell, and the first battle of the series wa fought. ~\.t this time only is on the road from Faye~tevi llc, probably in the direction of Bealeton. Say to Banks, also, that he bad best run back tlle railroad trains to tbis side of Cedar three divisions ofthe Army of the Potomac-Hooker's, Heintzelman's, Run. If he is not with you, write him to that effect. andSykes's..!_hadreachedapointto be ofusetoPope. Porter was, llow­ By command of Major-General Pope. ever, onl_y rune miles from headquarters, and, with the other dctach­ GEORGE D. RUGGLES, Colonel and Chief of Staff. mentsof .M:cClellan'scommand, marching in tile direction needed, Pope Maj. Gen. F. J. PoRTER, Warrenton Jt,nctwn. had every reason to expect that with the exercise of reasonable peed, P. S.-IfBanks is not at Warrenton .Junction, leave a regiment of infantry and in the movement of his troops, he could fall upon Jackson, and before two pieces of artillery as a guard till he comes up, with instructions to follow · assistance could reach him from Longstreet defeat and scatter his you immediately. lf Bank3 is not at the Jun_ction, instruct Colonel Cleary to run the trains back to this side of Cedar Run, and post a regiment and section forces. It was at this point of time that the order of6.30, about which of artillery with it. so much has been said, was written. Prior to it writing Pope had sent By command of Major-General Pope. two precautionary orders explaining fully the situation to Porter and GEORGE D. RUGGLES, stating clearly and distinctly both the perils of the situation and the Colonel. and Chief of Staff. prospect'3 of triumph, and urging upon him in the})lainest possible terms In this order the military board profess to :find something indefinite, the great necessity for prompt movement when the hour for the final something indicating the author's intent to leave in part the carrying order should come. Let me call the attention of the House to these out of his command to Porter's discretion. If regard is had to the orders. They are dated, respectively, August 26, 7 o'clock p. m., and •language employed such a construction can not with any propriety be August 27, 4 o'clock a. m., 1and are as follows: placed upon it. Still more absurd do such conclusions appear when I!EA.DQ.UARTERS ARMY OF VIRGINlA, we L'lke into account Porter's familiarity wifu the preceding orders Warrenton Junction, August 26, 1862-7 a'clock p.m. which made known the perilous situation and the imperatiYe need of G~'ERAL: Please move forward with Sykes's division to-morrow morning relief. Even if there had been no time stated in the order when Porter through Fayetteville to a point two and a half miles of the town of Warrenton, should report at Bristoe Station, all discretion was denied him when and take position where you can easily move to the front, with yonr right rest­ ing on the. railroad. Ca-ll up Morell to join you as speedily as p0l;s1ble, leaving Pope desirnated the hour for starting. But when a limit is stated only small cavalry forces to watch the fords. If there are any troops below within wfuch the journey should begin, and a time distinctly named coming up, they should come up rapidly, leaving only small rear guard at Rap­ when it should end and the command be at Bristoe for duty, all chance pahannock Station. You will find General Banks at Fayetteville. I append be­ low the position of our forces, as also those of the enemy. I do not see how a or possibility for doubt must be considered at an end. To assert, there­ general engagement can be postponed more than a da.y or two. J fore, that the order left to Porter any discretion in the matter is to McDowell, with his own corps, Sigel's, and three brigade of R-eynolds's men, acknowledge dishonesty in the person ma1..-ing such assertion or to con· being about thirty-four thousand, are at and immediately in front of War­ renton; Reno joins him on his right and rear, with eight thou and men, at an fess that he had not critically examined the order in question. Evi­ early hour to-morrow; Cox, with seven thousand men, will mm·e forward to dencehy such a. witness should have little wei6ht with this House. The join him in the aftC'rnoon of to-mmTow; Banks, with six thousand men, is at language is: "You (Porter) start at 1 o'clock to-mght and come for­ Fayetteville; Stur?,is, about eight thousand strong, will move forward by day after to-morrow; Franklin, I hope, with his cot-ps will by day af.er to-morrow ward with your whole corp , so as to be he:re at daylight," and "it is night occupy the point where the l\Ianassas_Gap Railroad intersects the turn­ necessary on all accounts that you should be here by daylight. I send an pike from ·warrenton to Washington city; Heintzelman's corps wql be held in officer to conduct you to this place.'' reserve here at. Warrenton Junction ·until it is ascertained that the enemy has begun to cross Hedgman's River. You will understand how nec.essary it is for That langu~e so plain, po itive, definite, and unequivocal should be our troops to be in position as soon as po sible. The enemy's line extends from tortured into a '~cretion '' only proves the straits to which the friends a point a little cast of Warrenton Sulphur Springs around to a point a few miles of Fitz-John Porter are pushed to find an explanation for his conduct on north of the turnpike from Sperryville to. Warrenton, with his front presented to the east, and his trains thrown around well behind him in the direction of that occasion. Little Washington and Sperryville. Make your men cook three days' rations But, as if to place itself beyond the range of pity and secure the con­ and keep at least two days' cooked rations constantly on hand. Hurry up Morell tempt of all mankind for opinions, the reviewing board adds another as rapidly as possible, as also the troops coming up in his rear. The enemy has its a strong column still farther to his left toward Manassas Gap Railroad in the justification for .disobedience to this order which, if founded on fact, direction of Salem. would make the former excuse still more absurd and ridiculou . It JOHN POPE, alleges that even if Porter had not been allowed discretio.a be could not MaJor-General, Commanding. l\Iaj. Gen. FrTZ-Jon_~ PoRTER, have obeyed the order, because, first, the night was too dark to march; , Commanding Flifth. Army Corps. second, the road wasimpa.sSableonaccount of previous rains; and third, This order of Pope on the 26th shows that Porter was thus earlynoti· that it was crossed by streams and blockaded with tea.ms and wagons :fied of what was expected. floundering in mud and stranded in the mire. Itis needlesstosay that HEADQ.UARTERS A IDlY OF VIRGINIA, if Porter had been given discretion to march either at 1 o'clock or at 4, Warrenton Junctwn, Augtt.st 2:1, 1862--4 o'clock a.. m. when he did march, it would be entirely unneceSsary for the military GENERAL: Your note of 11 p.m. yesterday is received. ::llajor-General Pope board, or for General Grant, or for the gentlemen on the other side to directs me to say that under the circumstances stated by you in relation to your furnish any other justification for the delay whatsoever. \Vhy distort command he desires you to march direct to this pl!lce as rapidly as possible. The troops behind you at Barnett's Ford will be directed by you to march at once the fuc:ts, as sworn to by a multitude of witnesses, in order to find a. sec­ direct to this place or Weaverville, without going to P.appah!lnnock Station. ond justification? The night was not so dark that Porter could not Forage is hard to get, unrl you must graze your animals ns far as you can do so. march over that road. The enemy's cavalry has intercepted our railway communication near Manas- as, and he eems kl be advancing with a heavy force along the Manassas Gap The testimony hows that though the mght was a.t times cloudy there Railroad. We will probably move to attack him to-morrow in the neighbor- was no rain, and tb~t troops in nearly every corps in the Army, both 1884. CONGRESSIONAL RECORD-HOUSE. 815

Union and confederate, marched that night, and during the very hours I. H. Duval, called by the recorder, being duly sworn, tef'tified as follows: when it is claimed Porter could not march on account of the darkness. Q. Where do you reside? ' A. Wellsborough, W.Va.. To this effect was the testimony of General Butterfield, General Mc­ Q. Were you in the military service of the United States in the month of Au- Keever; Col. Robert C. Clea,ry, Solomon Thomas, Captain Duryea, Gen­ gust, 1862? lf so, in what capacity? eral Pope, General Myers, Major Duval, and a multitude of others. A. I was major of volunteers, First West Virginia Regiment. Q. Whose brigade and division? Henry Kidd DonO'0 las, adjutant-general to Jackson, swore that Jackson's A. I was in the fourth brigade, Ricketts's division. whole command marched from Centreville to a point nea,r Groveton Q. Where were you on the evening of August 'Z7, 1862, and what did you do? on this night. General Early corroborates this, and says he marched A. On the evening of August 27 I was with my brigade. We were about fo\11" miles, I think, northwest of Warrenton at that time-north or northwest-and without experiencing any difficulty on a-ccount Of the darkness. The I was directed by my colonel to carry a letter that he handed me from Genocal following are a few among many who swore to the same effect: Ricketts to General Pope. Lieut. Edward Brooks, called by the Government, and sworn and ex­ Q. To what point? A. It was suppo ed to be somewhere near Centreville. That was my order. amined as fo1lows (general court-martial.record, page 112): Q . What did you then do ? A. I started and made the trip and delivered the letter. By the Judge-Advocate: Q. You left the camp about what time? Q. What is your position in the militar~ servi~ ?· . . . A. Nearly dark. It was after sundown. A. I am a first lieutenant of volunteers m the SIXth \V1sconsm Regrment. Q. What road did you take? Q. State to the court, if you plea e, whether or not you were serving with the A. I came back to Warrenton, and I followed then the road running from Army of Virginia on or about the 27th of August last. Warrenton in the direction of Catlett's Station. I was directed to go that way A. I wa~. and keep out of the way of the enemy. · Q. In what place occupied by that army were you on the night of the 27th of Q. Did you pass through Warrenton Junction? August? A. No, sir; I struck the road at Catlett's. A. I was at Bristoe Station and at Greenwich. Q. What direction did you then take? Q. Do you remember the character of the night; if so, will you state whether A. I took the road leading from Catlett's Station to 1\Iannssas Junction by the it was of usual or unusual darkness? way of Bristoe. A. It was not very dark; not so dark but what I could find my way through Q. Where did you find General Pope? the woods. A. I found General Pope near Manassas Junction. Q. Was or was not the night of uchacharacteras to offer any unusual difficul- Q. What was the character of that night? ties to the march of troops? A. I don't know that I recollect distinctly in regard to that. I rode all night, A. Uwasnot. though, until about 3 o'clock in the morning, when I took a little rest. I hacl Q. What was the general condition of the road from \Varrenton Junction in no particular difficulty in finding the way. the direction of Manassas Junction? Q. From Catlett's Station to Bristoe did you meet with any obstruction to your A. It was very good. movements? Q. Did you have full opportunities of ascertaining the condition of that road on .A. There were a. great many wagons along the line; there were some troops, the night of the 27th of August ? but I went along without any particular obs~ruction. There were no obstacles A. Yes, sir. that kept me from going. Q. What opportunities did you have? Q. Did you have any escort with you? A. I traveled from beyond Warrenton to Warrenton Junction, from \Varrenton A. No, sir. Junction to Brist<>c Station; and after arriving at Bristoe Station I went across the country to Greenwich. • Board record, page 586: Q. Have you or not frequently passed over that road? William E. l\:lurray, ca.lled by the recorder, being duly sworn, testifies as fol­ A. Very often. lows: Board record, page 640: Direct examination: Q. Where do you reside? Col. Thomas F. McCoy, called by the recorder, being duly sworn, was exam· A. Winchester, Ind. ineion, :McDowell's corps. Q. In whose brigade and division? · Q. What rank did you leave Ute service with? A. G!bbon's brigade, King's division. A. Colonel. Q. Where were you on the night of August 'Z1, 1862? Q. Were you brevet brigadier-general? A. On the night ofthe 27th our regiment was encainped near New Baltimore; a A. Yes, sir. little t<> the north, I think, ofNew Baltimore. That is, we stopped there about Q. Where were you on the afternoon of August 25, 1862? 10 o'clock, perhaps. A. A little southwest of Warrenton. Q. How long had you been marching before you made that halt on that day Q. How late did you march that day and evening? of the 27th? A. The25th? A. We had been marching, I think, most of the day; not continuously, but Q. Yes. back and forth. A I don't think we marched on the 25th. We marched on the 23d. Q. From sunset, how much of that time had you been marching up to 10 Q. Until bow late? &'clock? A. About 10 or 11 o'clock. A. I am unable to stat& the distance. Q. On the 27th of August were you on the march late in the da.y? Q. Were you marching during that time? A. Ye. A. We were movingmost of the time. Q. Until how late did you then march? Q. Did you keep to the road or in the fields, or both. A. All night· until1 o'clock. A. Generally to the road, except where we would meet obstructions in the way Q. What difficulty, ·if any, was experienced in marching that night? of cavalry or artillery; kept mainly in the roads. A. We didn't have any difficulty in marching that night. There was a. good Q. How was it after dark? deal of straggling among the soldiers. A. :l\luch the same. Board record, page 61: Q. Do you recollect the character of the roads at that time, as to whether they were dry or muddy? John P. Taylor, called by the recorder, having affirmed, testified as follows: A. I don't remember .any mud; I think they were generally dry. Direct examination : Q. Do you recall what the character of the night of the 27th of .August was ? QJ iVhere do you live? A. There was no moon, according to my recollection, but it was clear; we A. Reedsville, Pennsylvania. could see objects plain enough. Q. Were you in the military service of the United States in the month of Q. At a great distance? August, 1862; if so, in what capacity? .A. A rod or so. A. I was captain of the Fir t Pennsylvania. Cavalry at that time. Q. How much of that night were you up after coming to a halt at 10 o·clock? * .A. I should think that I did not lie down till near midnight. Q. Have you ever* been over* the road* from Warrenton* Junction* to Bristoe Q. Up t<> that time, do you recollect what the·character of the night was, as Station? far as distinguishing objects was concerned? A. Yes; quite frequently. A. l\Iy recollection is that it was the usual starlight night. Q. What was the character of that road from Warrenton Junction to Catlett's Q. Up to that time, during that night, what difliculty, if any, did you experi­ in 1862? ence in marching? A. It is on the left side of the road from Warrenton Junction to Catlett's. .A. No particular difficulty. There is n. stream that passes between Warrenton Junction and Catlett's, I think Q. How was t.he regiment, so far as its formation was concerned, on that march at a distance not to exceed a mile. aft-er sunset? Mr. BULLITT. Had the witness been over this road frequently before that? A. I think they kept their formation about as well as usual. A. Yes; I encamped at Catlett's in the spring of 1862 for some three weeks, Board record, page 591: immedin.tely after the enemy vacated Manassas. We were there three weeks before the advance moved to Fredericksburg. • Willia.m M. Campbell, called by the recorder, was sworn and exrunined, as Q. Go on and describe the character of the road as it then was from Warren­ follows: · ton.Junction to Catlett's Station . Direct examination: .A. There is a stream passes down between Warrenton Junction and Catlett's Q. State your residence. and a. railroad bridge cro ses there, and some trestle-work, but above the bridge A. I reside in Randolph County, Indiana.. it is almost level country for some miles west. At that time there was a strip Q. During the month of August, 1862, were you in the military service? If so, of wood that came down near Catlett's-a narrow strip of woods. We had in what capacity? moved all ovet· that ground for a. mile west of the railroa.O. A. I was in the military service, and in the Nineteenth Regimentoflndiana. Q. Then coming from Catlett's t<> Bristoe, what was the character of the road? Volunteers, Gibbon's brigade, King's division. · A. That is nearly a •a t plain most. of the way. There are two strearr.s, I Q. Where were you on t.he evening of August 27, 1862? think-small ra.vines-but tbe country is a vast plain. General Gre~g moved A. We were marching from the direction of Warrent<>n to Centreville, on a. his division of cavalry a mile to the north of the railroad, in the mght, from road that led in that direction, as far as I knew. Bealeton to Auburn, about two•or three miles north of Catlett's. Q. On what is called the Warrenton, Gainesville, and Centreville pike? Q. Aero s the country?· A. I think that was it; that is my recollection of it. A. Yes; across the country aboot a mile, where there was no road. Q. How late did you march? . Q. At that time could wagons go on each side of the road? A. We marched until after night. I could not state how late it was, because I A. There were roads some distance there on each side of the railroad, and did not have any timepiece. It was after night when we stopped, wagons and troops moved frequently in column. * * "* * * * * Q. :More than one road? Q. What was the character of the night? .A. 0, yes; the troops had made roads. Sometimes one road would get bad, A. It was an grdinary night, witheut moonlight; that is my recollection about and they would go off nnd make another road. The country was such they it: nothing extraordinary in any way, only an ordinary night, such as we had a. could have one almost any place. good many of in Virginia. about tho e times. 816 CONGRESSIONAL RECORD-HOUSE. FEB~UARY 1,

Q. How far could vou distinguish objects? severe thunder-storms, so copious as to make a flood in the Rappahan­ A. We marched our regiments in companies, and got along without any diffi­ n9ck and prevent Pope from recrossing that stream, as he had previously culty that I recollect of. How far we could see I could not say. determined to do. These showers cooled the air, and there was neither Board record, page 597: severe heat nor rain until the battles of Groveton and Bull Run. The J. H. StinE(, called by the recorder, being duly sworn, testifies as follows: battle of Chantilly occurred on September .1, and was fought not only Direct examination : · in the rain but much of it in the uark. These were the only rains that Q: Where do you reside? occurred in the whole campaign beginning August 18 and closing Sep­ A. I reside at Winchester, Randolph County, Indiana. Q. During the month of August, 1862, were you in the military service of the tember 1. Any man who will deliberately swear that there was such UnitedStates? lfso,inwhatregiment? · a rain on the night of the 27th as to impede the movement of troops in A. I was in Company C, Nineteenth Indiana Volunteers. the least (unless he does so under an entire misapprehension), will wear Q. Where were you on the afternoon, evening, and night of the 27th of Au­ gust, 1RG2? to anything for the accomplishment of his purpose. .A. ·we started fmm Sulphur Springs near noon and marched north through Warrenton, going through there about 3 or 4 o'clock, and on north toward the MUDDY ROADS. Bull Run battle-ground. Q. At what time did your regiment halt? 'Neither were the roads muddy. I marched along this road on the A. We marcheu quite n. time after 9. 23d of August, the day following the heavy rains of the 22d, and even Q. ·where was the rest of the brigade? at that time there was not sufficient mud to impede the progress of the A. Tb.e whole brigade was together. Q. Where was the rest of t'he division? march. August rains, unless they continue many days, in that part of .A. I took n. great interest in the history of the movement of troops, and that Virginia never convert the road~ into mud, unless h~v.ily traveled day we wer~ understood to be going into batt.J.e; I don't positively recollect while the rain is falling. The soil is sandy and light, and the rains of whether the whole of the division went into camp or not; I know the next day we were not together all the time. a night are all lost in the streams before morning. By this I do not Q. In m~rching during that evening what difficulty, if any, did you experi- mean to be understood as denying the existence of mud-holes where ence in ge~ ti ng o.long? .small unbridged streams crossed the roads. I remember distinctly that A. No11e, particularly. Q,. Did you keep to the road? there were a few such places on that stretch of road, places that would A. l\Ia:nly we did, though sometimes we didn't. hinder and delay teams. But that there was mud to hinder to any Q. !Yo yrm recollect what the character of the night was on the 27th of .AugUBt, considerable extent the advance of troops, even in the night-time, I 1862? • .A. My recollection is that from, say 8 to 10 o'clock-it was maybe toward from most emphatically deny, and in this I am clearly supported by the tes­ 8 to 11-it was not so light as afterward. timony, part of which I have already quoted. "" * * * * * * Neither the darkne s of the night, the rains, the mud, the wagons, Board record, page 683: nor any other thing in the heavens. above, on the earth beneath, or in WLlinm Birney, called by the recorder, being duly sworn, testified as follows: the waters under the earth interfered with the execution of Pope"s Direct examination: orders, save only the purpose in Porter's heart to destroy his superior Question. Where do you reside? officer . .Answer. Washington city. Q,. In the month of .August, 1862, wllat rank did you hold in the service of the Porter was ordered to,move at1 o'clock. Atwhattimedid he move? United States? My friend from I\Iassach usetts says at 3, a trifling delay of only two hours, A. I was major of the Fourth New Jersey Regiment; I commanded the Fifty- but even then there w~ only a half-hearted order given that histroops seventh Pennsylvania. Q. You fins.lly left the service with what rank? be ready to move at that time, and in fa-ct they did not move until day­ A. Brevet major-general. light, and even at sunrise Porter was seen, likeCresar, "in his tent"­ Q. Early that month. I believe you were taken prisoner? not on "a summer evening" but on a summer morning, all uncon­ A. No. sir; I was taken prisoner at Gaines's Mill. • Q. W nen did you assume command of the Fifty-seventh Pennsylvania? cerned, and still at Warrenton Junction ! And yet my fviend calls this A. Immediately after my exchange. H my memory serves me, I was ex- a reasonable compliance with the order, only such a divergence there­ cha.nged on the 13th of August, and took command about the 15th. from ~ may be permitted by the laws of war. Sir, I would like to see Q. ln whose division were you then? .A. Commanding the Fifty-seventh; I was in Kearny's, Heintzelman's corps. such a law. I have not been able to :find it. I believe it exists only Q,. Where were you on the night of August 27, 1862, and the morning of the in the fertile imaginations of the West Point board and of those who 28th? accept its conclusions as both fact and law. A. I was in camp, a little north of the .Alexandria railroad. Q. Did you march any that night; if so, when, and for what length of time? My friend says Porter was not needed at Bristoe, for when he :finally A. We marched that night, but the exact hour of starting I can not recollect. reached that place at 10 o'clock he was not rued! Indeed! How is We marched some time before daybreak, and in the direction of Bristoe S~tion. this to be inferred? Because he was of no use to his country at 10 Q. How many hours is it your recollection, about, that you marched? A. I can not now say. I recollect marching some distance. o'clock, doesit follow that he would not have been of the utmo tserv­ Q. What difficulty, if any, did you experience in marching that night, from ice at 4? The exigency that demanded his presence at 4 had pa'ssed the character of the night or the character of the roads? at 10. Less than six hours wasted when troops are moving into posi­ A. I recollect no particular difficulty about t.he road. tion for a :fight have lost the greatest battles in the annals of war. Sir, The testimony I have quoted is taken almost at hap-hazard, and is in Waterloo had its hesitating Grouchy, Bull Run its Patterson, and substance like the entire mass of evidence upon this point. What, Groveton its Fitz-John Porter! It remained, howeYer, for the latter then, becomes of the assertion that the night wa.s so dark Porter could to bear into history a name tarnished not only by hesitancy, but inef­ not march? It remains not only unsupported by evidence, but it is faceably stained by disobedience in the crucial hour of his country's d - affirmatively established that whole brigades and divisions marched on tiny. that night without difficulty. The only darkness that prevented Gen­ But now, for the sake of the argument, and that we may have a start eral Fitz-John Porter from obeying the command of his superior was from the same premises, suppose we admit as true all that was portrayed in his own heart, where it had thriven under the malign influence of by the vivid imagination of the gentleman from New Jersey [Mr. Mc­ envy, jealousy, and ignoble ambition! ADoo ]-that the night was dark as Erebus, the road a sea of mud But it i~ claimed as an excuse for disobedience that the roads were whereon floundered and floated in helpless confusion three thousand muddy and that they were obstructed by a wagon-train, neither of army wagons and six thousand army mules! Suppose all the "oak­ which assertions is true. At the time when the order was delivered cleaving thunderbolts and the cataracts and hurricanoes" that met old the Year end of the train was already three miles from Porter's head­ King Lear on tlie heath were out that night to ''drench the steeples and quarters and going in the direction he was ordered to march. The drown the cocks,'' the face of nature was not th.ereby destroyed nor train would have from say 10 until 1 o'clock at least tt> increase this were the marks of time obliterated. It is still written history that lead, so that if Porter had started at 1 o'clock, when ordered, he could more than twenty thousand men marched that night to the orders of hardly have overtaken a single wagon if they had not been parked. their commanders toward the plains of Manassas, and in the record of But that there should be no excuse for delay whatever, Pope gave in­ events there remains debited to Porter's account the fact that he neither structions to his quartermaster, General Myers, to order thetrainsinto marched nor tried to march. park, thus leaving the roadways on both sides of the railroad open for Now, sir, I am free to admit that were this all, and were we permit­ the passage of the troops. General Myers swears that this order was ted to forget the motive underlying Porter's disobedience-a motive carried o~t; that the trains went into park and remained until daylight, clearly shown in the severallettetswritten by Porter to Burnside (which long enough for Porter to have passed his entire corps between War­ I shall have published with theserema.rks)-Icouldseemywayclearto renton Junction and Bristoe. But this is not all; between these two vote for this bill. I would not by my vote condemn any man who had points there is a railroad track along which Porter could have moved his previously borne an honorable record for a single act of disobedience troops if he had desired, even if the whole wagon-train had been on the except under pecl}liarly aggravating circumstances or where an evil roads. A desperate eff~rt is further made to prove that the night was motive is indisput&bly evident. Unfortunately, the circumstances of rainy. That there wa a sprinkle of rain may be possible hut tha.t it this case are not only peculiarly aggravating, but an evil motive un­ fell in sufficient quantities to retard in the least the advance of tJ:oops questionably existed. Fitz-John Porter disobeyed not one order but on the night of the 27th is disproved by innumerable witnesses. many. His motive manifested its hideous presence not in one letter The frantic efforts to manufacture a rain-storm for that night only but in many. show how thoroughly the friends of Porter are pushed to find a pallia­ SECOND BRANCH OF THE CASE. tion for his offense. The only rains of any consequence during the whole Having fallen so far out of time as to be of no use to his country on of that memorable campaign were on the nights of the 22d of August the 28th of August, Porter, after reaehing Bristoe, at his own reque.ery was permitted to rest himself and his men during the whole of that . ' ."'

1884. CONGRESSIONAL RECORD-HOUSE. 817

my lucky star is always up about my birthday, the 31st, and hope Me's is up day.. Mr. Chairman, I desire here, and before presenting the next also. You will hear of us soon by way of Alexandria. . branch of the case, to remark that the great ado made over the wearied Ever yours, F. J. P. condition of Porter's men on the night of the 27th is in my opinion Fotrn MILES F&o:u: 1\IANA.SSAS, August 28-2 p. m. little less than an insult to the American soldier. General BtrnNSIDE, Fal'TTWUih: IfthegentlemanfromNew Jersey [Mr. McADOO] has so poor an opin­ All the talk about bagging Jackson, &c., is bosh. That enormous gap, Manas­ ion of a soldier's endurance and of his willingness to sacrifice for his sas, was left open, and the enemy jumped through; and the story of l\IcDowell country, he has much yet to learn concerning both. That gentleman having cut off" Longstreet had no good foundation. The enemy have destroyed all our bridges, burned trains, &c., and made this army rush back to look at its actually argued to this House that it was a piece of unpardonable cruelty line of communication, and find us bare of subsistence. We are far from Alex­ to ask Porter's men to march on the night of the 27th, because they andria. Your supply train of forty wagons is here, but I can't find them. had already marched eighteen miles that day! Why, sir, there were There is a report that Jackson is at Centreville, which you can bclieye or not. The enemy destroyed an immense amount of property at Manassas-cars and thousands and tens of thousands of soldiers in that glorious Union supplies. I expect the next thing will be a raid on our rear by way of Warren­ Army who marched sixty miles without sleep or rest! The soldiers ton by Longstreet, who was cut off. under Porter on that night needed but the order of their commander F. J. PORTER, Major-General. ' and they had moved to Bris~e without a murmur. This is the latest news. There is some difference of opinion among the lawyers as to whether BRISTOE, 29th-6 a. m. the motive shall be proved before or after the main facts. In this case General BtrnNSIDE : Shall be off in half an hour. The messenger who brought this says the enemy I am not driven to a decision upon this point. The offenses of Porter had been at Centreville, and pickets were found there last night. Sigel had a are IDNJ.Yi I can place the "nwtive testimony" in the middle, and flank severe fight last night, &c. this on either side by the other testimony that points to his offenses. Pope went to Centreville with the last two as a body-guard, at the time not knowing where was the enemy and where Sigel was fighting-within eight I ask permission here to read the several letters of General Porter writ­ miles of him and in sight. ten on the 27~h, 28th, and 29th of August: The enormous trains are still rolling on. l\Iany arrivals not h~ving been W ABRENTON, Z7-p. m. watched for fifty hours, I shall be out of provision to-morrow night. Yow· train To General BURNSIDE : of forty wagons cannot be found. But I expect they know what they are doing, Morell left his medicine, ammunition, and baggage at Kelly's Ford. Can you which is more than any on~ aere or anywhere knows. F. J.P. liave it hauled to Fredericksburg and stored? His wagons were all sen~ to you for gmin·and ammunition. ]; have sent back to you every man of the First and Taken as a whole these letters speak volumes as to the condition of Sixth New York Cavalry except what has been sent to Gainesville. I will get them to you after a while. Everything here is at sixes and sevens, and I find Porter's mind toward Pope. Here are five dispatches -.vritten within I am to take care of myself in every respect. Our line of communication has forty-eight hours. Each of them has something sarcastic about Pope, and taken care of itself, in compliance with orders. The Mmy has not three days' each shows a purpose to do as little as possible in the conflict then in­ provision. The enemy captured all Pope's and other clothing; and from Mc­ Dowell the same, including liquors. No guards accompanying the trains, and evitable. He thinks the confederates have a contempt for the Army of email ones guard bridges. The wagons are rolling on, and I shall be here to­ Virginia, and he wants to ''be back with the Army of the Potomac, an morrow. Good night! army which is able to take care of itself.'' His contempt for the Army F. J. PORTER, MajOT-General. of Virginia seemed to coincide exactly with that of the confederates as interpreted by him. WARRENTON JUNCTION, Aug-ust 2:7,1862-4 p.m. On the 28th Porter seems anxious to know only that all ''goes well General BURNSIDE, Falmouth: at Washington," and that his OWll.and McClellan's stars are in the as­ I send you the last order from General Pope- cendency. For the Stars and Strip~ and for Pope's army and the Union That is, the order he had received before-not this 6.30 order that he he seemed entirely oblivious, though he closes by prophesying that had received the night before, but another order-directing him to move ''you will hear of us soon by way of Alexandria.'' AI ways sighing for up the troops- Alexandria, McClellan, and Washington. As a part of this branch of which indicates the future as well as the present... Wagons are rolling along the case, and to show how thoroughly indifferent was Porter to the great rapidly to the rear as if a mighty power was propelJing them. I see no cause for alarm, though I think this order may cause it. l\IcDowell moves on Gaines­ duties and responsibilities of the hour, I desire to read the testimony ville, where Sigel now is. The latter got t.o Buckland Bridge in time to put out of Lieutenant-Colonel Smith. the fire and kick the enemy, who is pursuin~ his route unmolested to the Shen­ andoah or Loudoun County. The forces are Longstreet's, A. P. Hill's, Jack­ Lieut. Col. Thomas C. H. Smith's testimony is as follows: son's, Whit-ing's, Ewell's, and Anderson's (late Huger's) divisions. Longstreet By the JUDGE-ADVOCATE: is said by a deserter to be very strong. They have much artillery and long Q. Will you state in-what capacity you were serving in the Army of Virginia wagon trains. in its late campaign under General Pope in August last? The raid on the railroad was near Cedar Run, and made by a regimtmt of in­ A. I was aid-de-camp on the staff of General Pope. fantry, two sqttadrons of cavalry, and a section of artillery. The place was Q. Did you or not, on the 28th or 29th of August, caiTY any orders from Major­ guarded by nearly three regiments of infantry and some cavalry. They routed General Pope to Major-General Porter which concerned his movements on those the guard, captured a train and many men, destroyed the bridge, and retired days? leisurely down the road toward l\Ianassas. It can be easily repaired. No troops A. Ididnot. are coming up, except new troops, that I can hear of. Stur~is is here with two Q. Did you or not see General Porter during either of the days of the 27th, 28th, regiments. Four were cut off by the raid. The positions of the troops are given and 29th of August? in the order. No enemy in our original fr011t. A letter of General Lee, seized A. I saw General Porter on the afternoon of the 28th. when Stuart's assistant adjutant-general was taken·, directs Stuart to leave a Q. At what place and under what circumstances did you see him? squadron only to watch in front of Hanover Junction, &c. Everything has A. I had been sent back to the ammunition on the train at Bristoe and chfft'ged m·oved up north. I find a va~t difference between these troops and ours. But I with its distribution. General Porter wished over four hundred thousand rounds; suppose they were new, as they to-day burnt their clothes, &c., when there was General Hooker something over ninety thousand rounds. About 2 or 3 o'clock not the least cause. I had sent forward to General Porter some three hundred and twenty thousand I bea..r t.hat they are much disorganized, and needed some good troops to give rounds, and had seized wagons to forward the balance, and left Captain Piatt them heart, and, I think, head. ·we are working now to get behind Bull Run, in charge. The business being then sufficiently forward, I went on to find and, I presume, will be there in a few days, if strategy don't use us up. The General Pope. On getting to the point where I had left General Pope in the strategy is magnificent, and tactics in the inverse proportion. I would like some morning, I found he had moved on, and, to inquire the road he had hken, I of my ambulances. I would like, also, to be ordered to return to Fredericks­ went to General Porter's headquarters. near the Manassas water-station. I burg and to push toward Hanover, or, wit.h a large force to strike at Orange found General Porter in his tent, and asked him which road General Pope had Court-House. I wish Sumner was at W"ashington, and up near the Monocacy taken, and he informed me. I had some ten minut-es' conversation with him. with good batt-eries. I do not doubt the enemy have large amounts of supplies One of his staff was present; I forget his name. provided for them, and I believe they have a contempt for this Army of Vir­ Q. Will you state that conversation? ginia. I wish myself away from it, with all our old Army of the Potomac, and A. After asking bini about the road, I told General Porter the amount of am· so do our companions. munition that I had sent forward to him, and also that the balance would come I was informed to-day by the best authority that, in oposition to General Pope's immediately forward. I asked him if he had received it, or made some reruark; views, this army was pushed out to save the Army of the Potomac, an 'army that I can not remember the exact expression. General Porter said that he had not; could take the best care of itself. Pope says he long since wanted to go behind that was the substance of his reply-either that he had received hardly any of the Occoquan. I am in great nood of ambulances, and the officers need medi­ it, or none of it, if I remember aright. I expressed some surprise, and said that cines, which, for want of trai_lSport.ation, were left behind. I hear many of the it had been sent forward to the front as ordered; and, eit·her in reply to some sick of my corps are in houses on the road very sick. I think tl~ere is no fear of question of mine or to some remark, or of himself, he said that be had no offi­ the enemy crossing the Rappahannock. The cavalry are all in the advance of cers to take charge of it and distribute it or to look it upJ or something of that the rebel army. At Kelly's and Barnett's fords much property was left, in con­ kind. I remarked that he could hardly expeot us at heaaquarters to be able to sequence of the wagons going down for grain, &c. If you can push up the grain send officers to distribute it in his corps; that it had been sent forward on the fu-night please do so, direct to this place. There is no grain here to-day, or any­ road in the direction wbere his corps was. He replied that it was going wh~re where, and this army is wretchedly supplied in that line. Pope says he never it belonged; that it was on the road to Alexandria, where we were all going. could get enough. Most of this is private. I do not know as it is evidence to give the spirit in which this was said-the F. J. PORTER. way it impressed me. 'those remarks were made in a sneering manner, and But if you can get me away, please do so. Make what use of th.is you choose, appeared to me to express a great indifi"erence. There was then a pause for a so it does good. moment. General Porter then spoke in regard to the removal of the sick and wounded from the field of Kettle Run. He said it would hurt Pope, leaving I BBISTOE, August 28, 1862-9.30 a. m. the wounded behind. I told him that they were not to be left behind ; that I General BuRNSIDE, Falmouth: knew that a positive order-an imperative order-had been given to General My com.mand will soon bQ up, and will at once go into position. Hooker drove Banks to bring all the wounded with him, and for that purpose to throw prop. Ewell sbme three miles, and Pope says McDowell intercepted Longstreet, so erty out of the wagons if necessary. To this General Porter made no reply in that without a long d6tour he can not join Ewell, Jackson, and A. P. Hill, who words; but his manner to me expressed t.he same feeling that I had noticed are, or supposed to be, at Manassas. Ewell's train, he says, took the road to before. · Gd.mesville. where McDowell is coming from. We shall be to-day as follows: This conversation, from General Porter's manner andlook,_made a strong im­ I on the right of railroad, Heintzelman on left, then Reno, then McDowell. He pression on my mind. I left him, as I have said, after an interview of about tea hopes to get Ewell and push to Manassas to-day. minutes, and rode on, arriving at our headquarters on Bull Run just as we en­ 1 hope all goes well near Washington. I think there need be no cause of fear tered them, and pitched our tents for the night. After my tent was pitched, and l for us. I feel as if on my own way now, and thus fn.r have kept my' command had had something to eat, I went over to General Pope, and reported to him briefly and trains well up. More supplies than I supposed on hand have been brought, what I had done in regard to the ammunition. I then said to him, "General, I but nolle to spare, and we must make connection soon. I .hoJ)t' for the best, and saw General Porter on my way here." Said he," Well, sir." I said, "Ueneral, XV-52 818 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 1, be will fail you." "Fail me," said he; "what do you mean? 'Vbatdidhesay?" that you are expectedoocomply strictly with this order, and to be present on the Said I, " It is not so much what he said, though he said enough; 'he is going to field within three hours after its reception, or after daybreak t-o-morrow morn~ fail you. ' These expre sions I repeat. I t~ I remember them with exact­ in g. ness, for I was excited at the time from the impression that had been made u:pon JOHN POPE, me. Said General Pope, "How can he fail me? He will fight where I put hrm; Major-General, Commanding. be will fight where I put him;" or "He must fight where I put him; he must 1\Iajor-General F. J. PoRTER. fight where I put hj.m "-one of those expressions. This General Pope said with a great deal of feeling and impetuously, and perhaps overbearingly and It is very difficult, sir, for me to understand what there is in any of in an excited manner. I replied in the same way, saying that I was certain that these orders to induce the conclusion that Pope misled Porter, or that Fitz-John Porter was a. trait<>r; that I would shoot him that night, so far as any crime before God was concerned, if the law would allow me to do it. I speak of the latter was at n.lo to know what to do at the time of receiving either this to show the conviction that I received from General Porter's manner and or any of them. It is certain that itwasfoundnecessarytochangethe expre sions in that interview. I have only to add that my prepossessions of one written at 3 a. m. from an order to come to the battlefield by way biro were favorable, as it was at headquarters, up to that time. I never had en­ tertained any impressions against him until that conversation. I knew noth­ of the Gainesville route rather than by Centreville. But in this there is ing with regard t<> his orders to move up to Kettle Run. I knew nothing of any no evidence of lack of capacity or brains, ns the gentleman from New failw·e on his part t<> comply w,ith any orders. Jersey would have us believe. By one route Porter would come upon Q. State more distinctly the point where you saw General Porter on the 28th of August? the field on the right of Groveton, and bytheotherupon the left. The .A. He was encamped at th£ Manassas wa.t.e1"-station, between Bristoe and the junc­ difference in distance from .Manassas, where Porter was supposed to be tion. The wale!"-station was a shm·t distance from his headquarters. • (The witness at 3 a. m., was trifling. . The order is explicit in requiring Porter to indicated upon the map before the court where he thought the placet<> be.) I do not think the water-station is more than one-thi1·d th£ distance front Bristoe to move promptly in the morning. "It is very important you should be Manassas Junction. That is my impression; I can not speak positively about it. here at a very early hour in the morning.'' The adJilonition is repeated Q. In the conversation to which you refer, did or did not General Porter man­ as if remembering the slow obedience of the 6.30 order of August 27~ ifest any anxiety t<> get possession of, and have distributed in his corps, the am- munition of which you speak? • Pope not only ordered Porter·to start ''at the first dawn of day, with A. No, sir; !thought he showed an utter indifference upon the subject; showed his whole command," but adds, "It is very important you should be it very plainly. here at a very early hour in the morning,'' and then tells him a.lso of Q . .At what hour of the day did this conversation petween you and General Porter take place? a ''severe engagement; likely to take place '' as the reason for making A. Ithinkitmv.st have been about 4 o'clockinth£ afternoon; half past 3 or 4 o'clock. such a demand. Now, sir, I would not attach much importance to the testimony of Now, sir, is it not somewhat strange that Porter's conduct on this oc­ Colonel Smith but for ~he fact that there is cropping out through the casion should stultify the conclusions of theWest Point military board, action of Porter, as described by the witnesses, precisely the same spirit which attempts to justify Porter's behavior on the 27th? But so it is. and the desires that appear in his own letters. He still longs for Alex­ That board labors hard to torture a construction of the order of the andria., and all his hopes and ambitions are turned that way. Still he 27th into animplication that Porter was not wanted to fight but to fol­ struggles to impress some one with the contempt he feels for Pope. low a retreating foe. The la,nguage of that order warrants no such con­ We come now to the orders under which Porter acted or should have clusion, but the board forced it neverthel~, and in so doing they take acted on August 29. They are as follows; ·I :print them in the order their client (for such they seem to make him) out of the frying-pan they were issued: only to drop him into a still warmer place. HEADQUARTERS .A:RMY OF VIRGTh-rA, In searching for justification they lose their logic. They excuse a Near BuU Run, August 29, 1862-3 a.m. disobedience on the 27th which the situation of the 29th utterly con­ GENERAL: McDowell hilS intercepted thewetreat of Jackson. Sigel is imme­ founds and contradicts. At Warrenton, they say, Porter was not in diately on the right of McDowell. Kearn,- and Hooker march to attack the enemy's rear at early dawn. :Major-General Pope directs you to move upon Cen­ duty bound to move promptly because he was not 'Wanted to figld; and treville at the first dawn of day with yow· whole command, leaving your trains at Dawkin's Branch he did not move because he 'Was wanted to fight! t<> follow. It is very important that you should be here at a, very early hour in I think it is not denied by any one that all three orders given on the the morning. .A severe engagement is likely to take place, and yow· presence is necessary. 29th were indicative of a fight and that Porter was wanted to take part I am, general, very respectfully, your obedient servant, therein. . GEORGE D. RUGGLES But it is answered, :first, that he was on the enemy's front instead of Colonel and Chief of Staff. llajor-General PORTER. his flank, where Pope supposed him to be; second, tbat the number of HEADQUARTERS .A:RMY oF VmGINIA, the enemy was too great for him to assail; third, that the order came , Centl·eville, Aug. 29, 1862. too late to be executed that night; fourth, that there was no fight Push forward with your corps and King's division, which you will take with you, upon Gainesville. I amfollowingthe enemy down theWarrenton turnpike. whatever; and fifth, that by remaining inactive he saved the Union Be expeditious, or we will lose much. Army from defeat! JOHN POPE, Now let us inquire as to these several pleas in avoidance. uppo Maj. Genl. Commanding. we admit that when the 4. 30 order was recei"red Porter '' wa not on the The joint order to G-enerals iicDowell and Porter: enemy's flank;" that does not prove that he could not and should not HEADQUARTEBS .ARMY oF VmGINIA, · have been there, nor does it excuse him for n.ot having been there be­ CentreviUe, Augu.st 29, 1862. fore the order was issued. Had he followed the spirit, or even the let­ Generals McDoWELL and Po~TER: You will please move forward with your joint commands toward Gainesville. I sent General Porter written orders to ter, of Pope's previous orders he must have reached the point indi­ that effect an hour and a half ago. Heintzelman, Sigel, and Reno are moving cated as early as 2 o'clock p. m. on theWarrenton turnpike, and must now be not far from Gainesville. I desire The board in its r~port assumes that Longstreet was already in po­ that as soon as communication is established between this force and your own the whole command shall halt. It may be necessary to fall back behind Bull sition at noon. I am not disposed to deny the existence of conflictino­ Run, at Centreville, to night. I presume it will be so on account of our supplies. · testimony upon this point. If Longstreet was already in position w he~ I have sent no orders of any description to Ricketts, and none to interfere in PorterreachedDaw1..'in's Branch hisrightfiank couldhave beenreaehed any way with the movements of McDowell's troops, except what I sent by his aid-de-camp last night.,. which were to hold his position on the Warrenton pike by advancing along the Gainesville road to a point notexceeding three until the troops from nere should fall on the enemy's flank and rear. I do not miles from where he halted at, say, 11.30 o'clock. If Longstreet was even know Ricketts's position, as I have qot been able oo find out where General not in position, then Porter should have prQpared to strike Jackson's 1\fcDowell was until a late hour this morfling. General McDowell will take im­ mediate steps oo communicate with General Ricketts, and instruct him to join right flank, thus securing a position to prevent Longstreet from re-en­ the other division of his corps as soon as practicable. If any considerable ad­ forcing Jackson. General Grant, as well as the West Point board, has vantages are to be gained by departing from this order, it will not be carried out. assll?led that when the order was given to attack the enemy it meant One thing must be held in view-that the troops must occupy a po ition from which they can reach Bull Run to-night or by morning. The indications are Jacksan. Why Jackson? There were "a thou and Richmonds" on that the whole force of the enemy is moving in this direction at a pace that will that field! · L<>ngstreet was a foeman worthy of Porter's steeL It mat­ bring them here to-morrow night or the next day. l\Iy own headquarters will, ters not whether that enemy wa in line of ~attle or still on the march, for the prese~t, be with Heintzelman's corps or at this place. JOHN POPE, when Porter came to Dawkin's Branch it was his duty to pause not, but Majm·-Geneml Commanding. to march right on until he stood shoulder to shoulder with McDowell 'l'he 4.30 order directing him to attack the enemy at once in flank and face to face with the enemies of his country. and rear: · I do not believ however, that Longstreet was in position when Porter HEADQUARTERS I:N THE F!ELD, reaehed the point where he might have chosenlllsownground tofight. Augu-st 29, 1862--4.30 p. m. Major-General PoRTER: The fhct that the dust seen by Porter was produced by strategy, as Your line of march brings you in on the enemy's right flauk. I desire you to sworn to by General Rosser, and so far as I know neither questioned push forward into action at once on the enemy's flank, and, if psssible, on his nor denied, and the fact that a trooper had just come through from rear, keeping your right in communication with General Reynolds. Gainesville unmolested, are, I think, conclusive on this point. But I The enemy is massed in the woods in front of us, but <'an be shelled out as soon as you engage their flank. Keep heavy reserves and use your batteries, will not undertake to hold General Porter to account upon a doubtful keeping well closed to your right all the time. In case you are obliged to fall premise. I prefer that, in any case where there is a. scintilla of d~ubt back, do so t<> your right and rear., so as to keep you in close communication upon facts, he be given the benefit of the doubt. Let us then suJ:'Pose with the right wing. ' JOHN POPE, Longstreet had gained the position indicated on the maps before Porte1· Major-GeneraL Commanding. reached Dawkin'sBranch, and I askhow isPorterexcusedfrom striking The order to report in person: the enemy's flank or rear? From whence comes the conclusion that . .HEADQUARTERS ARMY OF VIRGINIA, an order directing an attack ''upon the enemy's flank or rear'' can not In the field near BuiL Run, August 29, 1862-8.50 p.m. be executed unless the enemy's flank or rear is at the moment of re­ GmrnRAL: Immediately upon receipt of this order, the precise hour of receiv­ ing which yoy will acknowledge, you will maroh your command to the field of ceiving the order presented to the attacking general justin a convenient battle of to-day, and report to me in J)erson for orders. You are to understand position to be attacked? 1884 . CONGRESSIONAL RECORD-HOUSE. '819 • Up to the time this new theory of war wa.s announced by the West Q. Did he read it in your p1·esence? A. Not that I know of. Point board I had supposed that in a case such a.s we are discussing it :i:. * * * * would be the duty of the general receiving the order to go where the Q. How long did you remain with General P01-t-er on that occasion, after the flank or rear could be struck. Indeed, if a general is to wait until his receipt of this order? enemy presents flank or rear for him to fight he will usually do as did A.. I continued with him from that time all night. Porter-not fight at all. The logic of this new theory (or whatever it Q. You* had then,* as I understand* you* to say, no'* knowledge* that a po* itive may be called) is that because Longstreet did not present tO Porter the order ~,lad been given by General Pope on that afternoon for General Porter t-o flank or rear of his army therefore Porter was excusable. Excusable for atta.ck the enemy on their right flank? A. I had no such knowledge. what? Not only for not fighting, but for remaining three miles, yea, The evidence of General Sykes leads directly to the conclusion that the peti­ four mile~, from the enemy while that enemy was constantly sending tioner had no intention or desire to attack or he would have told his division re-enforcements to destroy his comrades ! commander then and there. Look at it iiJ. any light, there was no effort then, or at any time afterward on Second. But gentlemen say Porter was justified in his disobedience that day, to put Sykes's division into position to support or participate in an because the enemy outnumbered him. Waiving for the time the point assault. that this position is untenable upon the hypothesis asserted, let me re­ ~ENCE OF REV. JOHN LANDSTREET. mind gentlemen that Porter then had no evidence that Longstreet had Q. What did you see that impressed itself upon your attention? A. There~ considerable dust, indicating a body of troops. I heard that more men than himself. He admits that the only evidence he had of General Stuart had ordered some of the Fifth Cavalry to go out and cut and Longstreet's numbers was derived from Buford's letter. By that it was drag it up and down the 1·oad. claimed Lon~treethad seventeen regiments, one battery~ andfive hun­ Q. Did you hear .the order? . A. Yes; to drag the brush along the Gainesville road, so as to serve as a feint dred cavalry. In 1862 that did not mean generally more than ten or and convey the impression that there wasaforcecomingdown the Gainesville. twelve thousand. How, then, does the question of numbers he must It was given, I distinctly recollect, to a member of the Fifth Virginia Cavalry. :meet if he obeyed justifY disobedience of the order?\ But it is in evi­ Q. Who was the colonel of that regiment? dence that before 4 o'clock seven brigades of Longstreet's corps had A. T. L. Rosser. been sent to and did re-enforce Jackson, and fought until9 o'clock. Foll{th. We come now to the assertion made by the military board Third. The West Point board and. General Grant agreein ~yingthe that there was no battle on the 29th, "but only a succession of skir­ order came too late ! Of course they do not thereby get rid of the fact mishes at wide intervals. '' This assertion of theWest Point board has that Porter should have been fighting befo:re the 4. 30 order was written. less of testimony, if possible, to support it than any of .the material Nor do the necessities of this conclusion reflect much credit upon the matter with which it deals. It would seem that while the report was justice or patriotism of General Porter. It is in evidence that the fight being made up it occurred to the writer that the assertion might be con­ at Groveton continued until 9 o'clock. ' I never have heard this dis­ strued as a misrepresent-ation unless veiled some way in mystery, and puted. The report of every confederate officer, as well as of our own, so the report goes on to say: shows this to be true. Why should not Porter have taken part in the . The reports of the 29th and OOth have somehow been strangely confounded. fight? By whom, pray? By none but the defenders of Porter, who seek a The evidence differs slightly as to time; but assuming that the order Vindication of their man in a denial of history. They have made a heroi'c was not received until 6 o'clock, Porter should have been in position effort to strike the 29th of August from the scroll of time. It will not at that time to do immense damage t.o the enemy. The testimony, th vanish, 'however, nor will it m~rge into the 30th, so as to lose its own official reports of all the generals, and so far as I know all the histories identity. I quote from a few ol' the official reports of both Union and of the war, agree that the heaviest fighting of the day was between 6 rebel generals. So far as I have been able to examine them there is no and 9 o'clock in the evening. The ingenuity of man has not yet, and disagreement whatever upon the question as to whether there was a. I venture to say it never can, furnish a rational excuse for Porter's re­ battle or not on that day. ~here is no confusion or'' misconstruction'' maining out of the fight during these hours. The Union Army needed discoverable in any of them. I find confusion nowhere save in the his aid, and his only, to have won a glorious victory. I quote the tes­ findings of the board and those who follow it. timony of General Sturgis and·others in this connection. The gentleman from Pennsylmnia dislikes the current historj of that TES~ONY OF GEl\JmA.L S. D. STURGIS. time; he has no faith in reports of military men who participated in the · General S. D. Sturgis testifies that he moved on the Gainesville road battles. H~ prefers the hap-hazard hits of a West Point military board, August 29, 1862, with his command. (Board record, page 711.) collated after the passions "wait on the judgment " for twenty years. Q. You sa.y you went a mile and a half beyond Bethlehem church toward Let me here give extracts from some of these reports. Gainesville? Report of Maj. Gen. S. P. Heintzelman. A. That is my recollection. Q. What did you then do? _.Aru.J:NGTON, VA., October 21, 1862. A. I reported to General Porter. I rode in advance of my brigade. I found * • * • • • ti·oops occupying the road, and I got up as near as I could get and then halted At 10 a. m. I reached the field of battle, a mile from Stone Bridge, on the War­ my command, and then rode forward tot-ellGeneralPorterthattheywerethere. renton turnpike. General Kearny's division had proceeded to the right and He said, " For the present let them lie there." front. I learned that General Sigel was in command of the troops then engaged. Q. What did you do then individually? A til a.m. the head of Hooker's division arrived; General Reno an hour later. A. Well, I simply looked about to see what I could see. I was a stranger to At the request of General Sigel I ordered General Hooker to place one of his the lay of the land, and the troops, and all that; so without getting off my horse brigades at General Sigel's disposal, to re-enforce a portion of his line then hard I rode about from place to place watching the skirmishers, and among other pressed. General Grover reported, and before long became engaged, and wa things I took a glass and looked in the direction of the woods; about a mile be­ afterward supported by the whole division. General Pope arrived between 1 yond which seemed to be the object of attention-beyond the skirmishers; there and 2 p. m. The enemy were driven back a short dtstance toward ·Sudley I saw a glint of light on a gun; and I remarked to General Porter that I thought chul'ch, where they made another stand and again presse!,i a portion of our line t.hey were probaply putting a battery in position at that place, for I thought I back. All this time General Kearny's division held its p<'Qition on our extreme had seen a gun. right. Several orders were sent~ him to advance, but he did not move till after Q. State what the copversation was. the troops on his left bad been forced back, which was near 6 p.m. He now A. I reported this fact of what I had seen tq the general; he thought I was advanced and reported that he was driving the enemy. This was not, howeYer. mistaken about it, but I was not mistaken, because it opened in a moment-at nntil after the renewed heavy musketry fire on our center had driven General least a few shots were fired from that place-four, as I recollect.. Hooker's troops and those he was sent to support back. They were greatly out­ Q. What force of the enemy did you see in that direction at that time? numbered and behaved with exceeding gallantry. A. I didn't see any of the enemy at all. It was on this occasion that General Grover's brigade made the most gallant Q. Then what did you do? and determined bayonet charge of the war. He broke twooftheenemy'slines, A. Then when they had fired, as near as I can recollect, about four shots from but was finally repulsed by the overwhelming numbers in the rebel third liue. this piece, General Porter beckoned to me ; I rode up to him, and he directed me It was a hand-to-hand conflict, using the bayonet. and the butt of the musket. to take my command to Manassas Junction, and take up a defensive position, In this fierce encounter of not over 20 minutes' duration the Second New Hamp­ inasmuch as the firing seemed to be receding on our right. shire, Colonel Marston, suftered the most. The First, Eleventh, and SLxteenth Q. What firing do you mean? , - Massach~etts and Twenty-sixth Pennsyh·ania were engaged. The lo :; of this A. I mean the cannonading that had been going on for some ttme on our right, brigade, numbering less than two thousand, was a total of four hundred and probably in the direction of Groveton. eighty-four, nearly all killed and wounded. I refer you to General Grover's Q. How long had you heard that cannonading? accompanying report. . A. I don't recollect exactly where I heard it first. My impression has been Had General Kearny p~hed the enemy earlier it might have enabled us to that I heard it all along the march from 1\lanassas to General Porter's position. have held our center and have saved some of this heaVY loss. Kearny, on the I do not recoll~ct distinctly that I did hear it, but I know I heard it all the time right, with General Stevens and our artillery,dro ethe enemy outofthewoods after I arrived there until I left. they had temporarily occupied. The firing continued sometime after dark, and Q. What time of day was this that you received the order to move back with when it ceased we remained in posSession of the battlefield. your command to Manassas Junction? • · A. I have no way of fixing the time of day. I have ~ed in my mind the Report of Maj. Gen. Franz Sigel. impression that it was more about the middle of the day-about 1 o'clock. Q. What did you do when you received that order? * N~AR FORT ~E KALB, ymm:~"'A, ~temb er ~6, 1862. A. I sent word to General Piatt to move back to Manassas Junction, and that I would join him there. Battle of Grmeton, near Bull Run, on l+iday, .Aug~ 29, 1862. Q. Do you know whether your order wis obeyed? . On Thursday night, Aug.ust 28, when the First Corps was encamped on the A. Yes; it was obeyed. heights south of Young's Branch, near Bull Run, I reeeived orders from General Pope to" attack the enemyvigorously" the next morning. I accordingly made TESTIMONY OF GE!oo~RAL GEORGE SYKES. the necessary preparations at night and formed in order of battle at daybreak, On the original trial Brig. Gen. George Sykes swore, after saying that having ascertained that the enemy was ·in considerable force beyond Young's he was with the petitioner when an officer brought him the order from Branch, in sight of the hills we occupied. His left wing rested on Catharpin Creek, front toward Centreville; with his center he occupied a long stretch of General Pope, as follows (G. C. M. record, pages 177, 178): woods parallel with the Sudley Springs (New Market) road, and his right was Ql!estia.a by Judge-Advocate. Did General Porter make known to you the posted on the hills on both sides of the Centreville-Gainesville road. I therefore character of that order? directeQ,General Schurz to deploy his division on the right of the Gainesville Answer. He did not. road, alfd, by a change· of direction to the left, to come into position parallel with 820 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 1,

the SudleySpringsroad. General Milroy, withhisbrigadeandone battery, was CentreYille. On arriving about midway between Gainesville and the stone • directed to form the center, and to take posse.."Sion of an elevation in front of the house, which is situated at the junction of the turnpike and the Sudley Ford so-called "stone house," at the junction of the Gainesville and Sudley Springs road, I was ordered by Brigadier-General Hood, commanding the division. to roads. General Schenck, with his division, forming our left, was ordered to ad­ form the !Jri~de in !ine of b~ttle to the left of the turnpike and a~most n.t rigM vance quickly to an adjoining range of hills, and to plant his batteries on these angles Wlth It, the nght restmg on the road and the left. connecting with Gen­ hills at an excellent range from the enemy's position. eral Jackson's line. In this order our whole line advanced from point to point, taking advantage * * >!: * * * • of the. ground before us, until our whole line was involved in a most vehement artillery and infantry contest. In the course of about four houx11, from half past 6 to half past 10 o'clock in the morning, our whole infantry force and nearly Report of General P. Kearny (by General Birney), of Heintzelman's corps. all our batteries were engaged with the enemy Generals Milroy and Schurz ad­ CE!\"TBEVILLE, VA., August 31, 1862. vancing one mile and General Schenck two miles1 from their original positions. * * * * * * * At this time (10.30 o'clock) the enemy threw forward large masses of infantry On the 29th, on my arrival, I was assigned to ~he holding of~he rig~t wing, my against our nght, but was resisted firmly and driven back three times by the left on Leesburg road. I posted Colonel Poe, with Berry's brtgade,m first line· troeps of Generals Milroy and Schurz. To assist those troops so hard pressed General Robinson, First Brigade, on his right, partly in line and partly in su~ by overpowering numbers, exhausted by fatigue, and weakened by losses I or­ port; and. kept Birney's most. disciplined regiments reserved and ready for dered one battery of reserve to take position on their left, and posted two pieces emergenCies. of artillery, under Lieutenant Blum, of Schirmer's battery, supported by the Toward noon I was obliged to occ•py a. quarter of a mile additional on left of Forty-first New York Volunteer Infantry, beyond their line and opposite the said road, from Schurz's troops being taken elsewhere. right flank of the enemy, who was advancing in the woods. During the first hours of combat General Birney, on tired regiments in the cent-er falling back, of his own accord rapidly pushed across to give them a hand At 2 o'clock* in the* afternoon * General Hooker's* troops* arrived* on the field of to raise t.bemselves to a renewed fight. battle and were immediately ordered forward by their noble commander to par­ In early afternoon General Pope's order to GeneraloRoberts was to send a :pretty ticipate in the battle. One brig-ade, under Colonel Carr, received orders, by my strong force diagonally to the front to relieve the center in woo direct it principally against the enemy's position tena~t-Colonel Gessner, an~ change!f front to the left, to sweep with a rush the in the woods before our front. Some of our troops pltced in front were retiring first hneofthe enemy. Th1s was most successful. The enemy rolled up on his from the woods, but as the enemy, held in check by the artillery in the center, own right. 'It presaged a victory for us all. Still our force was too light. The did not venture to follow, and as at this moment new regiments of General enemy brought up rapidly heavy reserves, so that o'ur farther progress was im­ Hooker's command arrived and were ordered forward, we maintained the posi­ peded. General Stevens came up gallantly in act.ion to support us, but did not tion we had ocelli pied in the morning. have the numbers. General Longstreet, in his report, says: Report of Colonel Ed ward L. Thomas, commanding second brigade, A. P. Hill's HEADQUARTERS NEAR WINCHESTER, VA., OctobedO, 1862. 1 division, Jackson's command. * * * * * * * HEADQUARTERS THIRD BRIGADE, LIGHT DIVISION, Early on the 29th (August) the columns were united, and the advance to join October 26, 1862. General Jackson was resumed. The noise of battle was heard before we rea.ched Gainesville. The march was quickened to the extent of our C'\pacity. The ex­ On Thursday,* August* 28, near* Sudley* Ford, this* brigade was* held in* reserve citement of battle seemed to give new life and strength to our jaded men, and by order of General Hill; was under fire, but took no active part, and after the the h~d ofmy column soon reached a position in rear of the enemy's left flank enemy gave way, moved forward and bivouacked for the night on the field. and within easy cannon-shot. Early on Friday, August 29, the march was resumed, with directions to be pre­ On approaching the field some of Brigadier-General Hood's batteries were or­ pared for an attack near the railroad. General Gregg's brigade meeting the ition to support Jones in case of an at­ . HEADQUARTERS SECOl\"'"D BRIGADE, tack against my right. After some few shots the enemy withdrew his forces, A. P. HILL's LIGHT DIVISION, SECOl\"'"D ARxv CORPS, moving them around toward his front, and about 4 o'clock in the afternoon be­ Camp Gregg, Va., February 9,1863. gan to press forward against General Jackson's position. Wilcox's brigades * * * * * * * were moved back to their former position, and Hood's two brigades, supported Friday, the 29th, was the glorious but bloody day for the brigade. It may be by Evans, were quickly pressed forward to the attack. At the same time Wil­ allowed for us to claim that by holdingthe leftsteadyon Friday we contributed cox's three brigades made alike ndvance, as also Hunton's brigade of Kemper's to the success of the great battle on Saturday. The distj.nguished brigadier­ command. gel?-eral :who commanded, and was present everywhere during the day and ex­ These movements were executed with commendable zeal and ability. Hood, ertmg himself to the utmost was himself spared, only to fall upon anotherviC>­ torious field (Fredericksburg), but many of our noblest and best officers and men supported by Evans, made 11 gallant attack, driving the enemy back till 9 o'clock at night. One piece of artillery, several regimental standards, and o. number of fell there. The aggregate of the killed and wounded of the brigade in this ba.t­ prisoners were taken. The enemy's entire force was found to be massed directly tle was six hundred and thirteen (613). in my front. and in so strong a position that it was not deemed advisable to move on against his immediate front; so the troops were quietly withdrawn at 1 o'clock the following morning. The wheels of the captured piece were cut do·wn, Report of Brigadier-General N. G. Evans, Longstreet's command. and it was left on the ground. The enemy seized that opportunity to claim a HEADQUARTERS EVANS' BRIGADE, victory, and the Federal commander was so impudent as to dispatch his Gov­ Near WinchesUr, Va., October 13, 1862. ernment by telegraph tidings to that effect. After withdrawing from the attack my troops were placed in the line first occupied and in the original order. * * • * On the evening of the 29th of August the brigade engaged the skirmishers of - * * * ' * * * * the enemy in considerable force on the south side of the road near Groveton, Report of liia.jor B. W. Frobel, chief of artillery of Hood's division, Longstreet's and rindered efficient co-operation to the commands of General Wilcox on the command, of second battle of Manassas. left and General Hood on the right in driving the enemy from his position. The CAMP ~""EAR FREDERICK, 1\ID., Septemher 9,1862. enemy falling back, and the darkness of the night concealing his movements, I formed my brigade in the camp of the enemy, until ordered to fall back by At 11 *a. m. on Friday* I was *ordered by* General Hood* to proceed* to the* right of the major-general commanding. Leaving a strong picket in my front, I with­ the turnpike road and report to General Stuart. This I did, with Captain Bach­ drew about a mile to the rear. man's battery, Reilly being already in position on the left, and Garden having no lung-range pieces. General Stuart had selected a position near he Orange and Alexandria Railroad. The battery was brought up and immediately opened Report of Lieutenant-Colonel R. L. Walker. witll marked eftect on a column of the enemy moving to the right, which at HEADQUARTERS ARTILLERY BATI'ALION; .March 1, 1863. onoo changed direction, moving rapidly to the left. Fifteen rounds were fired, • * * * * . • * when, the distance being greatly increased, I ordered Captain Bachman to cease On Friday the 29th of August the batteries were placed in position on the firing. At 1 o'clock p. m. Captain Reilly was ordered to the left of the turnpike ridge in the rear and to the left of Genernl A. P. Hill's division. Captain Brax· and to take position with other batteries on a hill commanding the hills nea; ton's battery was engaged early in the ·forenoon on the extreme left, with the Groveton House. loss of some of his horses. Upon the cessation of the enemy's fire ours ceased also. In the afternoon a sectiOn of Captain Pegram's battery hotly engaged Report of Col. E. M. Law, of Hood's division, Longstreet's command, of second theenemyon the right. His position was in rear ofGeneral Field's and Gregg's battle of Manassas. brigades. The loss of this section was very heavy, and, the fire continuing with HEADQUARTERS THIRD BRIGADE, Septemher 10, 1862. unremitted severity, it was withdrawn. Captain Braxton wa-s then ordered to the position, and, with five guns, held it, with loss, under a terrible fire, w1til * * * * * * * night closed in upon the field. Captain Crenshaw's battery was also engaged Leaving Thoroughfare Gap at sunrise on the 29th the brigade marched in the during the day from a point in rear of General Pender's brigade. ~irection of ~IanassasJunction. At Gainesville, on the Warrenton turnpi.t,e the lme of march changed abruptly t<> the left along the turnpike in the directi~n of I quote frQm only a few. I see not.bing ''strangely confounded." ' 1884. CONGRESSIONAL RECORD-HOUSE. 821

They all refer to a battle on the 29th, and it is described by adjectives in the testimony, nor yet even in the West Point bo~rd's report. Why such as are employed in the description of a battle. Several bayonet they did not pictme their hero in such an attitude passes my compre­ cbarO'es were made. and General Heintzelman says that General Gro­ hension. It could have been done with quite as much regard for truth ver';brigade made· ''the most gallant and determined bayonet charge as is manifest in most of their assertions! No, sir, there wa not even of the war.'' Bayonet charges seldom occur in a skirmish ! the ''pomp, P.ride, and circumstance of glorious war! " Porter did We are not left to rely entirely upon the official records of the actors, just what he hhd contemplated all the time from the 26th of August. for all the current historians agree in the statement that a very severe He did nothing! battle was fought on that day. There is great unanimity in fixing the But; lastly, did doing nothing" save the day?" That being just what losses at about seven thousand on each side. Think of it, Mr. Chair­ Porter did, and the military board illtving established (?) that he saved man, fourteen thousand men killed and wounded, alild a West Point the day, we are left now only to iriquire if his "masterly inactivity" reviewing board in order to clear their client say there was no battle! did, indeed, s..we the day. This we can easily ascertain by inquiring I read here from Lossing's History of the Civil War, volume I, pages into the effect of his inactivity. We are told by the reports of Long­ 457, 458, and 459. street, Hood, Lee, and in fact by all the confederate generals, that Hood, Lossing says: of Longstreet's corps (instead of remaining to resist Porter's inactivity), The battle of the 29th was desperate and gallant on both sides: Grover's brig­ was sent to the assistance of Jackson upon his arrival on the field; that ade of Hooker's division penetrated two of Jackson's lines by a bayonet charge, Wilcox's division of that corps soon followed, and,tbat one of Kemper's and after a. severe hand-to-hand struggle got possession of the railway embank­ ment on the confederate left, but at the cost of 30 per cent. of his forces. Kearny brigades of that corps, under Colonel Hunton, also went to the as.c;ist­ meanwhile had struck Jackson's left. at the point occupied by A. P. Hill, doubled ance of Jackson. his flank upon his center, and assisted Hooker in holding the railway intrench­ True, that when Porter's inactivity was stirred up by a few cannon­ ment for a. time. * * * Heavy re-enforcements, composed of fresh divisions of Longstreet's corps, had come to the aid of Jackson. Among them was Hood's shots from one of Stuart's batteries Longstreet thought he wa to be at­ famous Texan brigade. * * * So ended the battle of Groveton, with a loss tacked, and rec..'llied Wilcox to assist in resisting the expected assault of of not less than seven thousand men on each side. Porter's corps. But Longstreet, soon finding that there wa nothing to Also, Sypher's History of Pennsylvania Reserves, pages 339, &c. fear from Porter, ordered Wilcox back to theassistanceof Jackson. It The gentleman from Pennsylvania [Mr. BAYNE] says that Reynolds will thus be seen how "masterly inactivity" did its perfect work. The swore he could not hear the enemy's guns on the 29th of August. I do West Point military board sa.y Porter saved the day-and they are all not know where he secured this evidence. I do not care. I know Gen­ honorable men-but we still fail to find the secret of that day's salva­ eral Reynolds could never have uttered it. The facts of history make tion! Seven brigades of the twelve under Lon~treet haYe now been it impossible that he should ever have uttered these words. I read as sent to help Jackson in his "sh-irmishes," leaving only five brigades in follows: front of Porter, while the latter, in hot pursuit of his purpose to "save General Reynolds, with the reserve corps, had, during the evening of the 28th, the day,'' retreats to Bethlahem church covered with laurels and the marched by the left flank from the road leading from Gainesville to Manassas, ·thanks of the West Point military board! God grant that we may and moving in the direction of Centreville, had closed up with Sigel's corps; at never have another day so saved while the world stands. daylight on the morning of the 29th he was therefore on the field in frontofthe Now, sir, I have said much about the military board, not because I enemy. would impugn their motives or assail their honor. I belieYe them gen­ And yet the gentleman says be could not hear the enemy's guns. erally to be just. I think it may be proper, however, that I should Listen again: confess in this presence that I was not particularly C.:'tptivated with the With the spirit of a true patriot and a generous soldier, he did not delay action conduct of Schofield when he masqu~raded before the country as a per­ from doubt of authority to move. General Reynolds was subject to McDowell's orders, and might have declined to bring his troops into action without or­ secutor of the hapless Whitaker. But this does not, I hope, prejudice ders from that officer, but fortunately neither the officers nor the privates of the me against him more than is just. For the other members of the board Pennsylvania. Reserve Corps were governed by any other than patriotic mo­ I have the profoundest regard. I can never cease to love the ruan whv ti.ves. It was enough for them to know that the enemy was in their front, aond that Sigel's corps was about to engage him. Reynolds formed his division on first planted the flag on the ramparts of Fort Fisher; and General Getty the left of Schenck's division, and from daylight to dark, with no hjgher orders was true, faithful, and heroic wherever he follo-wed or led his coun~ry­ than the consciousness of, a worthy deed nobly done, that general and hie; troops, men in the battles for the Union. General Grant I btllieYe to be the marching and countermarching, moving against the flank or straignt to the front, fought the enemy * * * until darlrness put an end to the pontest. greatest of living generals. His motives in this matter I do not ques­ tion at all. His letter is high-toned, forgiving, and chi>alric. Bnt I And yet the gentleman says be. wants to acquit Fitz-John Porter by can not shut my eyes to the fact that be has tra:veled fur away from the testimony so false as that he quotes, to the effect that Reynolds "was testimony in reaching his conclusion.S, and I feel that I am justified in out of hearing of the enemy's guns! " saying that the testimony was never read by him, except in "shreds Fifth. But the most absurd of all the positions taken by the military and patches," and that he followed the findings of the board, ,~>resum­ board is-"tbat Porter's iafthful, subordinate, and intelligent conduct ing them to be correct. that afternoon saved the army from defeat, which otherwise would But, sir, I care not how General Grant reached· his present po,'itiou have resulted from the enemy's more speedy action.'' The absurdities on this question. He is but a man, and the greatest man, as my friend of this conclusion are as numerous as the words used to express it. from Ohio [Mr. TAYLOR] has well said, "c.:'tn only give his opinions First, the day was not saved; it was lost. True, by the most desperate strength by the reasons he can give for reaching them.'' I am struck fighting our troops managed to hold nearly all the ground taken; but with the force of this remark when I remember how many men of rna '­ there was in no sense a victory. But let oo assume the board means ive brain power have in some great emergency proven themselves the to say that the army was saved from utt.er defeat and rout. How did weakest children of the state. The Supreme Court by one of its able~t Porter contribute to this end? Was he found charging at the head of members-a man of commandin,; ability-rendered a decision w hi ell was his command upon the enemy? Did he call upon his men to rise and in essence the very refinement ofcruelty; but, as if to conciliate and gr~t­ avenge their slaughtered brethren or share their fate, and did he ''break ify the votaries of slavery, he clothed these conclusions in language so through the thick array of Longstreet's legions and charge home u~on barbaric and shameless as to place at once the whole court under the them?" This would have been quite a soldierly scheme for "saving ban of contempt by the lovers of liberty everywhere, for a quarter of a the day." It is said that in thesoldier'stempleoffame, whenitshall century. I refer to the ''Dred Scott decision." I am not certai:o. but finally be fully complete, there will be a black charger, and upon his that the same court, notwithstanding the wa.rnings of the past, has pedestal will be inscribed in letters both bold and bright, ''Here is the once again forfeited much of the respect that ever should attach to that steed that saved the day by carrying Sherida)\into the figkt from Win­ high tribunal. Certainly the recent civil r~ghts decision is not less chester, twenty miles away." No one will contend that Porter's than a sorrowihl and a lasting disappointment. charger saved the day by carrying Porter ''into the fight.'' Sir, it will not answer to shape our actions entirely by the example He snuffed the battle from afar, while his master, all imperturbed, as of great men, even if they sit in high places. · if "·grim-visaged War had smoothed his wrinkled front" and he might But it is said the court-martial convicted Porter in a time of great ex­ ;'caper nimbly" to the rear, beckons t-o Sturgis (see testimony) and citement and unrestrained passion. I deny it. The patience of this tells him ''to take his command back to Manaasas,'' then betakes him­ people in those dread years is without a parallel in history. That self to the "little ~urch around the corner," four miles from a point Porter was not shot and that :McClellan was not cashiered is indisput­ where he could by any possibility ''save" or help to save the day! able proof of the fact ...! assert. Besides, sir, the hours, the days, tbe _1\.nd yet a military board says 1te saved the day ! • years which, to my astonishment, are <\enominated "times ofpassion :, The board leave us to grope our way without giving us any informa­ by my friend from Pennsylvania [Mr. BAYNE] were the. hours and tion as to how he saved the day, except by "subordinate and intelli­ days and years when more was achieved in therealmoffreedom, truth, gent conduct." The further we inquire ilito just what this conduct and righteousness, both by the iron handofwarand byfea.rlesspatriot­ was the more we are puzzled to see just how he saved the day. ism in the peace that followed, than in all the other years of this Repu b­ It is now admitted he did not charge upon the enemy, which, as I lic's history. Shame, shame on the slander that says justice did not have said, is one way of "saving the day." Let us see if another evenly hold her scales in that blessed era ! mode-not quite so heroic, but yet quite to a general's credit if success­ It was in these days of passion that the peerless Lincoln broke the ful-was resorted to on that great day. Did he by strategy hold the chains and let the oppressed go free ! It was in these days of pas ion, enemy? Did he maneuver his troops and menace the enemy's front, sir, that we purged our statute-books and supposed we had banished and by "feint" of battle keep Longstreet's troops in position to resis~ from our jurisprudence the all-polluting crime of slavery. Then it was tile pretended charge? I find no such matter in the histories, neither that upon our beauteous banner for the first time was inscribed in let- •

• 822 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 1, ters of li ring light and fadeless glory, to stream fore•er on her ample I upon the ground without shelter or the necessity of protection from tb8 tolds, ' Universal liberty and equal rights." God grant we may never storm. forget the days thp.t gave us the priceless heritage. It has been said that the road was blockaded with teams and wagoll8 • Mr. BOUTELLE. I now yield to the gentleman from Kansa.s [Mr. of transportation; and yet we :find his own officer swearing that with a PERKmS]. detail of a hundred and fifty men every obstacle to the night's march Mr. PERKINS. :M:r. Chairman, I am not unmindful of the fact that could have been removed. nothing I can say in this discussion is likely to change the convictions It has been said that he could not have moved that night; and yet or the vote of a single member of this House. Neither am I entirely we find his own officers swearing they would have moved if they had unmindful, Mr. Chairman, oftheunwrittenlawofthisCha.mber, which b~n ordered. ' is that no new member can lkwean opinion upon this or any other sub- It has been said that his men were weary and exhausted; and yet ject. we find that they had moved but from six to nine miles that day while But, Mr. Chairman, representing, as I have the honor to represent, in opposing forces were moving thirty. part, upon the floor of this House more than fifty thousand Union It has been said that he was confronted with greatly superior num­ soldiers of the late war, almost every one of whom honestly and sin- hers; and yet we find the enemy riding with brush dragging from their eet·ely believes Fitz..John Porter guilty of the charges of which he was saddles to raise a dust to retard his movements and tocreateanappear-· eonvicted, I can not permit this bill to pass this House-without for ance of numbers. And it has been said for him that if he had taken them, and in their name as w.ell a in my own, entering my solemn the position ordered for his troops upon the 29th day of August, it protest against it. · would have resulted in an engagement and bloodshed; and yetwefind For more than twenty years it has stood recorded that in a trying one of his superior officers then upon the field, when this ~xcuse wa.c; hour of our country1s extrQmity Fitz-John Porter was guiltyofinsub- offered by Porter in person, retorting: "That is what we are here for. 1 Qrdination and disobedience of orders· and the great loyal heart of this And it has been said for him that he was loyal to his country, and yet <'Ountry has all these years approved this record, and approves it to-day we find even .McClellan asking him to stand by his colors and do hi as one which should stand for all the ages that are to come. But we duty as a soldier. find a bill presented to the legislative body of this nation asking that These excuses, Mr. Chairman, and like excuses, have been offered for this record hall be obliterated and the proceedings of the court creat- him until many, from the very persistency of his importunities, are di - ing the arne stricken down as unworthy of our respect. And we are po ed in sympathy to say: "Let us be merciful, and in his age and asked to do this not upon investigation and inquiry; not upon an ex- feebleness grant him this relief." mnination of the topography of the country and an inquiry to witnesses \Ye all know, Mr. Chairman, how pleasant it is to do a sympathetic for the truth, but becall ewe have the physical ability to do so, and net and to relieve an unfortunate being from suffering and humilia­ bec.'luse it would be gratifying to the wrongdoer to ha~e this record tion. But, as has been said in this debateJ sympathy in this instance expunged. to the "Wrongdoer would be cruelty to the six thousand loyal and pa-- Ih fact, we are told by the champion of this measure, the .leader in triotic defenders of their country who on that bloody battlefield iell this debate, that we are not competent to consider the merits of this wounded, and many of them dying, from rebel bullets. It would be bill, and to determine by investigation and inquiry.the guilt or inno- cruelty to the Government which expected loyalty and obedience to eence of Fitz-John Porte1·. For the first time, I think, in the history orders from its defenders. And it would be a grievous wrong to the ,Qf legislati\e bodies we find a bill pressed upon the consideration of widows and orphans who for more than twenty years have been mourn­ this House accompanied b,v, the solemn assurance of its author tha.t ing for those who came not from that field of conflict and of death. 1he House is not competent to consider it. But, M:r. Chaifman, this is not asked of us in charity. We are not in- Mr. Chairman, I shall not consume the time to enter upon a critic.'ll vited to look with compassion and sympathy upon the importunities examination of the testimony in this case. The co~ttee to whom of this old man-to bury in the oblivion of forgetfulness the wrongs he was referred this bill did not do this. In fact, I think we are justified did and in commiseration grant him this relief. But it is demanded in saying they gave to the proof and to the bill itself no consideration of us as justice, an absolute right, and that we may fortify ourselves whatever as a committee, because before the committee ever had a forthework, weareaskedtotraducethelivinganddefamethedead. meeting it was published as matter of common gossip by the press of As for me, ~:Ir. Chairman, I can not accept this invitation; I can not the country that it would report at its earliest opportunity this bill enter npon thia work, but prefer rather that the judgment which my fuvorably to t.his House. But if the committee gave to it no consider- conscience approves shall stand recorded until the resurrectiou and the ation the more necessity there is for our full and impartial investiga- better life. ' tion of thi claim. But, Mr. Chairman, in the course of this debate we have heard still But a others have carefully considered the evidence, I shall assume, another excuse offered for General Porter. We have heard it said that for the purpo e of my suggestions, that cert\.in propositions can not, if he was actuated by malice and hatre~ of General Pope he was justi­ and will not, be contro>erted in this debate. tied. We have heard it said that ''he would not have been a good sol- First, that General Porter received the orders of August 27 and the dier if he had not burned with contempt for the vacillating and ine&­ three orders of August 29; second, that he did not obey them; third, pable Pope." And why? Had Pope wronged him? Had Pope com­ that he wa not prevented from doing as ordered by the topography of mitted any crime that deserved the execration and contempt of the loyal the country, the condition of the roads, inclement weather, movements people of the country? Had he been unmindful of duty and recreant of the enemy, or the exhausted condition of his troops; fourth, th t he to his country's interest? Had h·e violated trusts and betrayed the con­ ~nsumed much time in writing unkind and UJ?.Charitable criticisms fidence of a loyal and patriotic people? .Had he spurned with contempt of ~ superior o~eer that might have been gi•en to preparation and the orders of his superiors, or been guilty of cowardice and shameful to the executing of the orders received; and, fifth, that when he did conduct in the presence of the enemy? What had he done, if none of reach the field on August 29 he refrained from taking his po ition be- these? cau e of a demonstration of some force in his front. And from this I He had been schooled at his country's expense in the discipline and argue that he was guilty of willful disobedience of orders, of misbe- science of war. He had been loyal to her institutions. He had re­ havior before the enemy and of insubordinati n, and that the decree of sponded promptly to every call of duty. He had obeyeu all orders of the nine distinguished military gentlemen who for forty-five days, with superiors, and had risen rapidly in rank. He had fought upon the open doors, list~ned to all the evidence and to the eloquent appe.

• 1884. CON-GRESSIONAL RECORD-HOUSE. 823 yea, in those terrible years of anxiety and bloodshed when ft was not Of course, Mr. Chairman,• we C.'ln understand the anxiety n.nd the certain we had a Govocnment strong enough and a people loyal enough pertinacity of this petitioner and we can sympathize with him in his to overthrow treason and rebellion, and Grant was achieving those misfortunes. splendid victories of Donelson, Shiloh, Vicksburg, Mission Ridge, and Milton put into the mouth of Satan this language:' "Which way I Petersburg, they had not one word to say in favor of his convictions or fly iS hell;" and so it is with this old man with this judgment resting one expression of encouragement and hope for his splendid achieve­ upon him. But for this we are not responsible. Our duties are plain, ments; and when he electrified the country by his assurances from,_ the and he alone is responsible for ·that col!duct in August,' 1862, which Wilderness· that he "would fight it out on that line if it took all sum­ culminated in this court-martial and sentence. mer," they were silent and dumb. Mr. Chairman, on some of the Southern battlefields monuments are But now because, forsooth, in his old age he hn.s opened the channels erected to commemorate the achievements of the confederate dead. Of to his heart and listened to Porter's appeals for sympathy, and said a this I do not complain. They tell us in silent but eloquent lips the kind word in his behalf, he becomes a demigod, and we are sacrilegious story of that conflict. They show us where the heresies of State rights in questioning his judgment. and of secession went down shot to death by Union guns and pierced by Mr. Chairman, for General Grant as a soldier and a statesman I ha>e loyal bayonets. They are milestones marking the pathway of that ill­ great r~pect. And for his achievements upon the field of battle this fated confederacy. They tell us of its death, and not of the birth of the nation owes him a debt of gratitude which it should ever be our pleas­ dogmas that gave it potency and power. I would not have it otherwise. ure to honor and repay. But to my mind his opinioJ,l.S argue nothiJ;tg For all the generations that are to come I would have them stand there for the friends of this bill. For eight years he was President of this to tell of the futile efforts made by man and of a great section of the nation and sworn as we are sworn to respect and uphold the Consti­ country to overturn and destroy this Republic of America and to rear tution of his country and to respectits laws; and during all this time, upon its ruins a confederacy dedicated to African slavery and human with this oath and duty resting upon his conscience, he upheld and ap­ degradation and I would have them stand there to teach this impressive pro,·ed the verdict of this court-IIUlrtial. And it can not be sn,id he did lesson to the generations yet unborn. And to the men who participated this without thought and without his attention being called specially in that contest an appeaJ is now made to tindicate Fitz-John Porter. to the complaintsand grievancesofGeneral Porter, because, as has been For years many of them thought it no crime to fight 3.oo-ainst this so well said by the eloquent gentleman from Michigan, during those Government, and therefore, where the wrong of Porter in refusing at eight long years Fitz-John Porter stood knocking in season and out of such time to obey one of its military officers? We find Fitz-John Por­ season at the door of the White House asking General .Grant to take ter convicted by that distinguished court-martial upon the evidence of his case under consideration and reopen it and furnish him a new: bear­ McClellan, Burnside, Pope, McDowell, Heintzelman, Morell, Griffin, ing; and we must not forget that at that time, in answer to these im­ Reynolds, Sykes, Butterfield, Buford, Parke, and a long list of Union JlOrtunities, Grant said in 1869, and again in 1874, that he had care­ soldiers, and we see him vindicated y~s afterward by this board of fully considered the papers submitted by General Porter, and was not review upon the testimony and records of Lee, Longstreet, Jackson, prepared upon the papers submitted to grant even a review. But now, Early, Hope, Gordon, Mosby, Rosser, Wilcox, and a score of other con­ when pe is out of office, when he is without official cares andre ponsi­ federates, who think Porter was justifietl in not obeying in those days bilities, when the solerlm obligations of an important office are not of peril the orders of his superior officer, Major-Gene:ral Pope. binding l1is duties to the people, he aays remove this stigma from the Are we surprised at this? Not that I impute perjury to them. name of General Porter. Would they not have thought him justified if he had ne\er unsheathed But, Mr. Chairman, when as a private citizen he permits the kind his sword in behalf of his country, but bad permitted it to rust in its sympathies of his nature to be appealed to, a.nd asks us to strike down scabbard until his country had been wrecked and its institutions over­ by legislative enactment this judgment of a court now standing for thrown by disloyalty and treason? And it is upon this testimony that more than twenty years, he forgets that the same oath and the. same we are invited to vindicate a disobedient and unfaithful officer of the duty to the Constitution and to the country is resting upon us that Union Army. And we are asked to do this, ~lr. Chairman, not as par­ rested upon him for eight years, when he turned a deaf ear to sympathy tisans, but ns patriots. We are asked to set aside our political preju­ and stood by his country and the right. . dices and vindicate this man; and why? Because of the report of this Mr. Chairman, as I have heard rain and dark nights pleaded as an board of review, and because the gentleman from New York assures us excuse for General Porter, I could not but 1·ecall scenes long since fa­ he is innoCent. If he knows him to be innocent now he must have miliar, but now rapidly passing from the recollections of us all-I could known it in 1862, and why did he not give to that court-martial the not but recall the days when the distinguished soldier who sits as chair­ benefit of his distinguished information? man of the Military Committee, and favors the passage of this bill, was Why did he stand silent in tho e days of trouble when the doors of leading the boys of the Cumberland from Nashville to the. bloody banks the court were open to him, and permit this wrong to be consummated of the Chickamauga. I could not but recall how in those days if ''Old against his friend ? Rosy," as the boys loved to call him, gave us an order to march at But, Mr. Chairman, this appeal to us to set aside our political preju­ once, or to move at 1 o'clock in the morning, we knew what it meant, dices and to act as patriots is as amusing as it is pathetic. Is there a and we allltnew that bad roads, swollen streams, inclement weather, man upon the floor of this House who for one moment is so innocell.t and rebel forces were no excuses for not obeying the imperative orders and unsophisticated as to believe that this bill would for a single mo­ 8f our chief. And so it is here, and it is in the light and remembrance ment be urged upon our attention by the gentlemen upon the other of those days that we are to judge of and act upon this case. side of this House if its beneficiary were not a distinguished member It does not occur to me that "it is necessary for one of us to spend a of the Democratic party? moment's time in discussing the propoMtion that a court sitting for the But this cry Qf partisn.nship and sectionalism is not a new one. In trial of an offender almost twenty years after the offense was com­ the great North, where the Republican party bas its power, liberty of mitted is as likely to ascertain the truth and promote justice as the conscience is encouraged, and every man is permitted to speak and court which tries the case when all the participants to the transaction vote his convictions, while in the opposite section of our country violence, can be had and when all the circumstances are fresh in the recollection intimidation, a&Sassination, n,nd murder stalk abroad 'vith impunity, of witnesses. And this suggestion, for the purposes of this case, treats stifling conscience, violating 1iberty of speech, and striking down polit­ the board of review of 1878 as a court, which I deny. As has been ar­ ical opposition, and because under such circumstances we ha>e no gued, it was absolutely without power. It could not administer a law­ home there we are charged with being a sectional party. ful oath; it could not compel the attendance of a single witness; it could And so it is, Mr. Chairman, in this debate. Upon this side of the not-execute an order or enter a judgment or sentence of any kind as the Chamber we see men dividing upon this question and expressing their culmination of its investigations. convictions for and against Porter as to them seems right, while upon But the opinions of this board, composed of three officers, listening the other side of this Chamber no voice is raised, no word is permitted to the·testimony almost twenty years after the wrong was committed, to be uttered Rouainst this supplicant for a nation s charity, and yet they is set up for the purpose of overturning the judgment of the court of charge us with parlisanship. nine officers, listening to all the evidence when the facts and circum­ Was presumption ever more supreme ! • stances were fresh in the recollections of. all, sanctioned as it is by the Mr. Chairman, I have the honor of representing on the floor of'tthis President and the conscience of the country. Mr. Chairman, for cen­ House a constituency that loves justice but abhors treason; a con­ turies criminals and criminal lawyers have known the importance of stituency that guarantees to every man absolute and impartial justice delay. They have known that in procrastination and delay was their before the law; a constituency that protects every man, no matter only safety; that time was t.he essence of their defense; that if continu­ what his color, what his nationality, or what his previous condition, ances and delays could be had from time to time until witnesses could in every constitutional right and privilege; a constituency, sir, with­ die or be scattered beyond the jurisdiction and process of the court, out sectional bias, and where the late confederate is welcomed with and until the fa{!ts and the details and the minutire of the crime open hands and invited to come and make a home, and cultiYate the shou1d'pa.x-Union ties of our nature that this cannot be otherwise; and whatever may soldiers in proportion to its population than any State in this Union; have been the object or .motive of Fitz-John Porter in getting this re­ a constituency that sent more soldiers into the field, and lost more men, view of his case in 1878, in my judgment as against the decree of that and made more sacrifices for liberty and union, in )iU'Oportion to its court-martial of 1862 it is absolutely wortble...c;:s. numbers, than any section of our countTy, and the judgment of that 824 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 1, collStituency is, .Mr. Chairman, that Fitz-John Porter has no cause for McDowell is. If ·l\Iorell has not joined you send word to him to push forward at once. Also, send word to Banks to hurry forward with all speed to take your complaint, but that he should ever feel grateful for the charity of the place at Warrenton Junction. It is necessary on all accounts that you be here court-martial trying him and for the magnanimity of the Government by daylight. I send an officer with this dispatch, who will conduct you to this that be wronged. place. Be sure to send word to Banks, who is on the road from Fayetteville probably in the direction of Bealeton. Say to Banks also that he had best ru~ Dante says in that sublime poem of his that he found above the por­ back the railroad trains to this side of Cedar Run. If he is not with you, write tals of the infernal regions this legend: "Leave all hope behind who him to that effect. enter here.'' And so we would have it for all the countless centuries ~y command of 1\Iajor-General Pope. GEORGE D. RUGGLES, that are to come, that he who organizes treason against his Government Chief of Staff. ad marshals forces for its (JVertbrow, as well as those who wear the If this order meant anything, itmeantjustwbat itsa.id; it intended uniform of tbe United States soldier and profess loyalty to the institu­ to convey to the mind of General Porter that be should start at 1 o'clock tions of our land, but who upon the field of battle are guilty of insub­ sharp, that he should be at the place designated early in the morning. ordination and willful disobedience of orders and jeopardize the lives "It is necessary on all accounts that you should be here by daylight." and limbs of thousands who are defending the country against its ene­ Did he obey this order, did be start at 1 o'clock? It is not pretended mies, should remember this inscription, and understand before enter­ that he did. No; there was a lion in the way-the roads were block­ ing upon so great a wrong that there shall be no hope for them so long aded with wagons, the night was dark. Did he attempt to do it? as loyalty is honored and good deeds are respected, and so long as this No; and in fact, as shown by one of his own command, the Fifth Army Republic stands as a hope, an aspiration, an encouragement for the p08r Corps, the best equipped and most efficient body of men connected and oppressed everywhere; and to that end, Mr. Chairman, should re­ with the Army of the Potomac, lingered around Warrenton until day­ main forever this record of condemnation for the deeds and action of light next morning, when it should have been at Bristoe Station, and Fitz-John Porter. [Applause on the Republican side.] all for want of a leader loyal to his country and to his flag. Why did Mr. BOUTELLE. I now yield to the gentleman from New York not General Porter get everything in readiness for an early departure? (Mr. BREWER]. Why were not his troops ready at 1 o'clock to start for Bristoe Statimi? Mr. BREWER, of New York. Mr. Chairman, Idonotintend to de­ Why was he not tpere himself to give the order to march, and iouble­ tain tbecommitteewitbanylengthy remarks. I donotintend to weary quick if necessary? Was this obedience to orders in a military accepta­ your patience with vain repetitions. The great questions of fact and of tion of the term? At 5.30 a. m. on the 29th he received another order, evidence have been so fully and so exhaustively presented to the House which contaj.ned these words: that I need refer to them only in passing. It was my purpose when the discussion of this subject was commenced to simply vote in the negative, A severe engagement is likely to take place and your presence is needed. and then, if it were possible, toforgetthatsuchamanasFitz-JohnPorter This was received with the same apathetic indifference as the former ever existed. But, sir, the discussion of this subject by the friends of the on the 27th. ~ere he lingered at Bethlehem church, and here here­ bill, and the friends of the gentleman ih whose behalf it was framed, mained nearly all day. Was be making preparations for attacking the has taken so wide a range and been of such a character that I should enemy, or even to protect his own army if be should be attacked? N oth­ be doing violence to my own feelings, doing great injustice to the dis­ ing of the kind was done. He still delayed, and it was at t:Qis point tri!!t which I have the honor to represent, as well as to t1Je memory of of time that l\IcDowell said to him, as they sat on their horses taking the many Union soldiers who fell during the last days of August, 1862, a view of the surroundings: '' General Porter, you go in here and I will • on the banks of the Potomac, in the vicinity of Manassas, Gainesville, move farther down.'' Porter's reply, it seems to me, is the e§sence of and Bristoe Station, were I to utter no protest to the passage of this the whole situation: "We can't go in here anywhere without getting measure. I cannot forgee, sir, that the disobedience of this one man into a fight;" and McDowell says, "I supposed that was what we were brought great sorrow into the hearts and homes of my constituents. here for." · Did he go in? No, sir; hedidnot. Everywind thatswcpt Therefore I ask the indulgence of the House while, in a few words and over the bills brought to his ears the roar of the enemy's cannon. as concisely as possible, I give some of the reasons why it is utterly out Every breeze that came down the valley bore with it the rattle of mus­ of the' question for me to in any manneraid in the Pll.SSaoO'C of this bill. ketry. He still delayed, and the work of death still went on, and If the American citizen and the American soldier have one common brave troops we1·e being killed and wounded till they lay in heaps on shrine at which they may kneel and offer tbe:ll· pure and fervent devo­ the bloody field. They died where they fought for the Government tion, that shrine is the altar of their country. If there is a principle of which they loved, for the flag of their fathers, worn and torn as it bad honor which the military officer should cherish above all earthly emol u­ been-in the wars of our country, that it might not be trailed and tram­ ments and above all selfish considerations, _it is the honor of his flag and pled in the mire and dirt of rebellion. Where was the Fifth Corps that loyalty to his Government. If these qualities are wanting, be is neither was to bring succor to their decimated ranks? Reclining under the the fi~ custodian of the one nor the proper representative of the other. droppings of the sanctuary at Bethlehem, ready and willing to fight, Entering the school at West Point at an early age, General Porter be­ but virtually without a leader; eager to go to the front, but there was came the child of the Government. He grew up under her fostering none to give the command. care and was educated at the nation's expense. How be repaid that Where, where was Roderick then? kindness will be shown as we go on. There is but one law to govern One blast upon his bugle horn this case and that is martial law. The emergencies of war, the exigencies Were worth a thousand men. whic-h arise during the continuance of along campaigrt, render it utterly Fitz-John Porter was tried by a court of nine military men of high impossible that a breach of trust in the army, disobedience of orders standing and irreproachable character. For nearly tlu-ee months the at a critical period during an engagement, or improper conduct in the trial went on, the defense had e>ery facility to bring and examine wit­ presence of the enemy, could await the slow and uncertain proceedings nesses, the circumstances were all frtlBh in their minds, the evidence in our civil courts; hence military law is at once arbitrary, swift, and was conclusive, and such men as Generals Burnside, Hunter, Gar­ decisive. In no other way could effective military operations be carried field, Rufus King, and Hitchcock rendered a verdict against General on ~nd serviceable military discipline maintained; therefore all infrac­ Porter by which he was dismissed froin the Army and forever debarred tions of army regulations and neglect of duty come bef~re a court-mar­ from holding any offiet of trust under the Government. And I wish to tial for trial, and this was the kind of court before which this officer .say just one word in regard to the letter written by General Grant. Eight was tried and by whose unanimous verdict he was convicted and con­ long years passed during which he had the power, and the only power demned. on earth, which could pardon Fitz-John Porter; he was importuned by The case presented for our consideration this day embraces two spe­ individuals, he was visited by delegations, be was flooded with letters cific charges. One was for disobedience of orders from a superior offi­ and petitions; he did it not. But some kind of bee got into his bonnet, cer, and the other for improper conduct in the presence of the enemy. and he made a mistake; it was t.be mistake of kindness, and I have no On both he was found guilty by the grave and irreproachable gentle­ word to say against it. I have loyally followed where General Grant men that conducted his tri~. If Fitz-John Porter was loyal to his has led, but in this our roads diverge; be takes his own judgment years flag and loyal to his country w by did he waste those precious hours, and years after the trial; I take the judgment of the court-martial, every nay, precious minutes, at Warrenton, for every minute the next day member of that court; nine in number, men equally qualified to judge was big with events, and brought ;hope or despa:ll· to the hearts of the as General Grant himself. Union troops as the fortunes of the hour were for or against them? Why Let no man dare to charge that tribunal which convicted him with did he remain·a.tease in Warrenton? Was he hugging the delusive de-viation from the principles of exact justice, or from their honest con­ phantom of hope-hope, sir, that bythis delay Pope might be crushed victions of right in rendering this decision. In looking through one of and~1cCle\lan again placed in command? It looks very much like it. lhe leading Democratic newspapers in commenting on this case, it says If ever a soldier bad an opportunity to display his zeal and manifest Garfield's reputation stands in the way of a vindication of General his devotiou and loyalty to his country General Porter had it on that Porter; let it be brushed away like the flimsy thing that it is. It regards occasion when he received the orMr from his commanding officer, Gen­ Lincoln as only the simple tool of the designing men in charge of. this eral Pope, dated at Bristoe Station, August 27, 1862: important trial. If, sir, the vindication of Fitz-John Porter is to be obtained at the expense of such charaeters and reputations as Lincoln GENERAL: The major-general commanding directs that you start at 1 o'clock to-nh;ht and come forward with your whole corps, or such part of it as is with and Garfield left behind them; if in order to be reinstated the friends yo,p, so as to be here by daylight to-morrow. Hooker bas bad a very severe ac­ of this man must blacken and defile the fair f~me of the martyred dead, tion with the enemy, with a loss of about 300 killed and wounded. The enemy have been driV'tln back, but is retiring along the railroad. We must drive him and set at naught the judgment and integrity of the living-then, I say, from Manassas and clear the country between that place and Gainesville, where let· mercy stay her hand and judgment remain. 1884. CONGRESSIONAL RECORD-HOUSE. 825

But I need not refer to the testimony which compelled the verdict would have broken them to pieces and passed along, allowing no' such on that trial. The facts brought out on the trial of this case were thing as wagons to have interfered with him. · clear and unanswerable, and so unmist..1>kable that the righteousness of And will you tell me that the danger of Porter being cut to pieces the verdict and findings of that court-martial have scarcely been qucl;­ was any excuse for not obeying the orders which he had received?' tioned; indeed, there was hardly an effort by the gentleman who intro­ When Napoleon on a certain occasion was met by his marshal and told duced the bill to disprove the evidence or t.o set aside the facts pre­ that if he crossed the bridge it would cost him the half of his army, sented to the court. And now the question is, shall he be reinstated, Napoleon's reply was, "I had rather lose half my.army to-day than with the rights, rank, and emoluments pertaining to that position? If the whole of it to-morrow." If Porter's corps would have been cut to we were to be governed by sympathy and personal considerations, as pieces, that was no matter of his. Perhaps it would have been better the honomble gentleman fro1p. New York seemg to be, we might, per­ had it J>een cut to pieces than that the battle of the 30th should have haps, permit our feelings to override our jutlgment and vote for the turned out as disastrously as it did. bill. If we were to allow ourselves to believe that we owe to General [Here the hammer fell.] Porter a debt of gratitude for previous services sufficient to obliterate Mr. BOUTELLE. I now yield to the gentleman from Ohio [Mr. the dark blot cast upon the honor of every true and loyal American JOSEPH D. TAYLOR]. soldier by his disobedience and insubordination, as some gentlemen Mr. JOSEPH D. TAYLOR. Mr. Chairman, I do not expect in. the ie@m to think we do, then we might vote fol' the bill. Sir, we may pass brief time allotted me to discuss in detail the mmi.ts of the bill now under this bill, or any other bill; we can never make black white, it is too consideration. I do want, however; to enter my protest against the ut­ late; no appeal from the court that tried him can do it.i nQ improvised terances of certain gentlemen in regard to military courts. Again and commission appointed to reinvestigate the case can do it'; no act of Con­ again during this discussion they have been maligned, traduced, and gress can ever relieve this deeper disability which must ever attach to calumniated as unwqrthy the respect or confidence of modern ci viliza­ the name ofFitz-JohnPorter. "No, not all the blood of all the How­ tion. They have been held up before this House as a mockery of jus­ ards" can do it. tice and as a stig.rna. upon the age in which we live. As very little .And finally, what is obeying orders in the military acceptation of the reply has been made to this sort of argument I wish to say a word in ierm? I will tell you in the thrilling words of Tennyson: regard to military courts. "Forward, the Light Brigane I For more that two years during the late war I had the honor of serv­ Chil.rge for the guns I" he said. ing as judge-advocate of various military courts. And after the war I Cannon* to right* of them,* served for some considerable time as citizen judge-advocate, closing up Cannon to left of them, th~ business of the military district and d'epartment of which I had Cannon in front. of them- been for a timejudge-aqvocate. These courts were held in city and. Into* the jaws of* death, * camp, sometimes in one State and sometimes in another. Of the pris­ Int~ the mouth of bell, oners tried by these courts some were executed, some were imprisoned, Rode the six hundred. some were sent to the Dry Tortnlj!S, some were acquitted, and some That is what I should call obedience to orders, and let consequences received that mild sort of sentence adjudged against Fitz-John Porter­ ' take care of themselves. Thisexampleofinsubordinationof Fitz-John were cashiered, that is, they lost their insignia of rank and that other Porter, if overlooked or condoned, will be subversive of all military right so dear to every American citizen, the right of holding office. I discipline and materially weaken the confidence which the American have also practiced law in the civil courts for more than twenty years, people have always placed in the honor, the loyalty, and virtue of the in the State courts, and in the United States courts, and I am frank to­ officers of the Army. If the punishment is severe, so was the bitter­ say, in the face of all this glorification of our civil jurisprudence to ness and sorrow his disobedience brought to the hearts of the loyal peo­ which we have been listening from the other side of the House, that ple whose sons and fathers were killed and wounded in that three days' in my judgment the findings and sentenCElS of military courts are en­ fight. In the pain and mortification which Fitz-John Porter brought titled to as much respect and confidence as any jury ·system the world upon himself, and which for a score of years has weighed him down ever saw. Why should it be thought otherwise? Were not the officers with sorrow and remorse, he has the ever-present consciousness that he of the Army, who are found in such large numbers on this floor, j ustas · alone was at fault: . competent as the masses from which the average jury is chosen? Mili­ So the struck eagle, stretch'd upon the plain, tary courts sometimes make mistakes; juries do the same. No more through rolling clouds to soar again, And while I do not propose to discuss the constitutionality of military View'd his own feather on the fatal dart, And wing'd the shaft that quiver'd in his heart; courts, I want to say that no civilized nation, in this age or in any other Keen were his pangs, but keener far to feel, age, has ever been able to dispense with them. Withoutmilitarycourts He nursed the pinion which impell'd the steel: there would be no discipline in the Army or Navy, and without disci­ Mr. BRUMM. Mr. Chairman, I look upon the proposed action of pline the Army and Navy would be utterly powerless. Destroy this sys­ this House on the bill now pending as being in the nature of a motion tem of compelling obedience to orders and this Government would not in arrest of judgment and for a new trial, or as an appeal; at least the live a single day. rules of evidence and of pra~tice a,re applicable in the jurisdiction of The offense for which Fitz-John Porter was tried was cognizable only this bill in a military court, and could have been tried in no other. If he could To set aside the verdict of a jury the prima facies are changed. The ignore the orders of General Pope, every other subordinate could do the court-martial that tried Fitz-Jolm Porter went upon the theory t.hat he same; and then, indeed, the war would have been "a failure." was innocent until he was proven guilty. The prima facies having been And if these courts are authorized by the Constitution and the laws. changed, it is our duty to treat him as guilty until you have proven him of the country, as we hold they are, this political body, this legislative to be innocent. The burden of proof is shifted, and you gentlemen must branch of the Government has no more right to interfere with the decis­ make out your·caB!I beyond a reasonable doubt before you have the right ion of the military court that satin the case of Fitz-John Porter than to ask the vindication of this ~lty man. it has to interfere with the decisions of the Supreme Court of the United I ask whether there is any material testimony which was not before States. If, however, we are wrong in this, if there was a want of juris­ the court of competent jurisdiction that tried Fitz-John Porter which diction of the person of Fitz-John Porter or of the offense for which he was not traversed by that court except the question as to the relative was tried, in the court that tried him, or if the proceedings of that court position of the rebel army? Not one material fact; and therefore before were in any way ill{\,cral, he has a complete remedy at law; he has an any court in Christendom the new testimony which has been spoken of adequate remedy in the civil courts of the country, and should appeal would amount to mere nothing. All of it is testimony that wa.S trav­ to them, and not to this House. The courts ofthis country are always ersed by the court-martial, or could have been had, except that con­ ready to break the shackles, to open the prison doors to any American cerning the relative position of the rebel army. And that can have no citizen, black or white, bond or free, who is entitled to his liberty. No bearing on the guilt or innocence of Porter. form of trial, no mockery of jurisprudence can stand in the way of our I care not where Longstreet was; I care not whether Porter could grand judicial system, which scrutinizes with eager eye and jealous ca.re have struck his right flan~ or his left flank; I care not whether he faced the rights and liberties o£ all our citize~. Longstreet or not; his order was direct, positive, and unmistakable. But the friends of Fitz-John Porter are not content with glittering As has been stated here by the friends of Porter, that McDowell did generalities as to the competency of military courts in general, but this not order him to fight, i. e., did not say " go in here," but only said, particular court is arraigned before the bar of this Home for gross mis­ " Porter, you are too far out; that is not the place to fight." Well, sir, conduct and gross injustice. As to the personnel of this court I have if that was not the place to fight, why did not Porter go to thP. proper but little to say. Charges had been prefened against a general of the place to fight, and not remain idle the whole day in si~t . and hearing Army who was entitled by military law'to be tried by his peers, and of the fight? The only inference to be drawn from your own statement such men as General Hunter, General Hitchcock, General Ricketts, Gen­ of McDowell's order is that Porter was to go in some place to fight; yet eral King, General Prentiss, General Garfield, and others were convened he absolutely refused to go in at any place, thus disobeying the spirit for this purpose.- illustrious names in American history! General 1 as well as the letter of the order. ' Holt, of Kentucky, who was then Judge-Advocate-General of the Army, Now, what is the defense? Darkness, rain, mist, wagons. Great was made 'udge-advocateofthis court. Didnotthe Government honor God! have men no other defense for refusing to obey an order in time Fitz-John Porter in~ giving his case into the hands of nine distinguished of war tlian darkness, mist, rain, and wagons? Had it been Napoleon generals, and in appointing a judge-advocate who was alike distinguished he would have set the flambeau to the wagons and burned them up; he for his eminent fitness for this position? •

FEBRUARY 826 CONGRESSIONAL RECORD-HOUSE. 1, ".

The names of these men; a majority of whom to-day sleep in the it is the judgment of the court all the same. If this were an objec­ arms of death, are themselves a guarantee of a patient, impartial, and tion to the findings and sentence of that court-martial, it would be an fair trial. Fitz-John Porter himself, and his distinguished counsel, objection to the judgments of the Supreme Court of the United State , Reverdy Johnson, gave their assent to the eminent fitness of this tri­ which are sometimes rea.ched by a majority of one, and yet it is the bunal, and declined to object to a single member. Why should they? decision of the court as much as if the judges were unanimous. And They were mainly educated where Fitz-John Porter was educated, had when such a decision is made, whether right or wrong, it stands, and served in the same army in which he had eiTed, and many of them all the power of this Government, its Army and Navy, its blood and were his warm· personal friends. Could he have chosen a court more its treasure, stand pledged to its execution. I have somewhere hev.rd likely to be favorable to him than this, if he believed in his own inno­ of a decision of eight to seven which decided who should be President cency? And yet this is the court whose integrity is now on trial. of the United States, and I do not think my distinguished friend from The distinguished gentlemen on the other side in their denunciation New Jersey would want the decision reversed for this rea on even at of the proceedings of this court ha•e seen fit, as I before remarked, to this late date. be specific in their charges of misconduct, which are as follows: first, Other gentlemen, less extreme in thei.r views, have not denounced that the court-martial before whom Fitz-John Porter was tried permit­ military courts to such an extent as tho e to whom I have before re­ te?- General Holt, the judge-ad>ocate, to remain in the room with the ferred, but content themselve8 by saying that they are in favor of sub­ members of the court when they had retired for deliberation and fOT .ordinating the military trlbunals and military power to the civil. That the decision of certain law questions which had been previously argued sounds well; we have heard it before. The question is, however, bow and submitted; second, that General Rufus King brought disgrace much subordination do you favor? If the theory of subor~ation upon the court by coming down ·from his high position as judge or which prevailed among certain classes during the war should be adopted, juror and giving testimony as to some matter of fact of which he had or had it then been adopted, our military courts and our Army and personal knowledge; third, that during the progress of the case an Navy would have been subordinated out of existence. No more money, order was read from the Secretary of War authorizing the court to sit no more men, no arbitrary arrests, no military despotism. That is without reference to hours and directing the court to proceed as rap­ what such subordination meant then. Does it mean less now? idly as the ends of justice would permit. Reverse the decree of 1862, annul and efface the findings of the high­ These are the so-called grave charges which have been preferred est military court ever convened in this country, stigmatize the heroes against this court, and for which its proceedings are now to be reversed. of the war, co•er with shame and reproach the name and memory of Let me say a word as to the fairness of such accusations. As to the the immortal Lincoln, the lamented Garfield, the indefatigable Stanton, first charge, I need only say that General Holt simply did as every judge­ the brave and true Halleck, and you will have done a great deal more ad vocate does, in every military trial, wheth_er it be a military commis­ than subordinate the military to the civil. sion or a court-martial, whether the judge-advocate be a military or Mr. Chairman, we are asked here in our official capacity as the Con­ citizenj udge-advocate. The judge-advocate is the recorder of the court, gress of the United States to place the seal of condemnation on the de­ and is requiTed by law to mmain jrith the court when it is cleared for clsion of a military court that has stood unscathed, umeversed, and the decision of questions of law, or when it is cleared for any purpose above reproach for twenty-two years; a court that wa convened in whatever, and thelawrequireshim to call the roll ofthemembersofthe time of war, when the spot where it sat was red 'tvith the blood of fallen court, beginning always with the junior officer, and record not only the heroes, when the hills and valleys which stretched out in every direc­ vote of each member but the result of the vote so ascertained. The tion were trembling beneath the tread of marching armies, and when judge-advocate takes no part in the deliberations of the court aft-er it is the whole heavens were dark with the smoke of battle. The life of the cleared, and is as much forbidden by his oath from doing so as be is nation was in peril, and the men who were charged with rescuing it from from disclosing what occurs during these secret deliberations. The the jaws of death were struggling to suppress the rebellion and save to court-martial was not as well off as your committees are. It had no generations to come the priceless boon of constitutional liberty. clerk; the judge-advocate was its- only clerk, its only recorder. An officer of the Government who had been educated and honored by A great deal bas been said eulogizing the Schofield board as being its liberality, knowing the rules of war and the path of d\}ty, under an without spot or blemish or any such thing, and yet it had a judge-advo­ oath to obey his superior officers, in the hour of battle refused to obey cate, though he was called a recorder~ which means the same, and I see the orders of the commander whom President Lmcoln had placed over from the report that he was not only permitted to be present during h:i.u:!- Charges were preferred;· a fair and impartial trial was had; the the deliberations, but actually took part in them, and was assigned the accused was found guilty; the findings and sentence were approved by duty of collecting and collating testimony. the President, and all was done according to that law which is alone And gentlemen forget in this connection thatajudge-a.dvocate is not applicable to the vocation upon which Fitz-JohnPorter had voluntarily a mere prosecutor; that he is himself an officer of the court, whose duty entered. And now it is propo ed that the decree of this court shall be it is to see that the innocent are protected as well as that the guilty reversed by that branch of the Government whose only duty is to make are punished. And my knowledge of General Holt is that no man in law , not to construe or enforce them. It matters little now to this this broad land of ours had a higher sense ofjustice or did his duty Government whether Fitz-John Porter go on ·the retired-list or not so far more faithfully than Judge-Advocate-General Holt. ashe himself is concerned, but this precedent may come back like a thun­ As to the second charge, permit me to say there was no impropriety derbolt thrown from the hand of the Eternal and shake this Govern­ whatever in General King giving t.his testimony. He was authorized ment to its very center. There are gentlemen on this floor who profess to make his statements under oath to that court, just as member of to guard with great care the encroachments of one branch of the Gov­ our grand juries are to tb.e grand jury before whom a matter is being ernment on another, and now they are ready to usurp the powers, and heard. And.yet who ever heard of an indictment being quashed for absolutely annul the decree of a. constitutional and legaJ court. This this reason? But allow me to say further, if thi,s invalidates the decis­ is now the arglt1nentztm ad hominem of the hour, and it may prove the ion of that court, bow much more fatal will be the objection to the tri­ argwnentum ad ignorantiam. . • • bunal before which this case is now being heard? Here are gentlemen A labored effort has been made in this discussion to eliminate from before me who have been making sta.tements of fact, men who have it all political allusions. In my judgment it is a political question, and been pleading the cause of Fitz-John Porter, who propose to aet·as I propose to consider it as such so far as it may be necessary in order to judges in the final vote soon to be taken. The personal friends and present my views. This opposition to courts-martial is not a new feat­ champions of his cause are ]?.ere making statements not under oath, ure with a certain political party that now dominates this House. If and not only making statements, but making prepared arguments in it were I should make no objection to the arguments on the other side. his favor. And these same men propose to vote for the restoration of I have seen too much and know too well the character of this antago­ Fitz-John Porter to his former place in the Army on the ground that nism to military courts. During the time I was judge-ad>ocate I learned the sentence of the court that tried him should be reversed because a this peculiar fact: that if we tried a prisoner for going to sleep on his single member of that court gave testimony. Oh, consistency, what a post, for murder, or theft, we had no troubleinexecutingthesentence­ jewel thou art! none whatever; but if we tried a prisoner for any crime that smacked As to the third charge I can make the same answer. The tribunal of treason or disloyalty, there were always men, influential and promi­ which tried and convicted Fitz-John Porter sat for forty-five days, with nent men, who interfered and used every influence in their power to no business before it but this case; and if hurried a little by the order rescue the prisoner from the sentence of the court. And more than this, of the Secretary of War (and we have no assurance that it was, for the in many localities in the North it was utterly impossible to convict a testimony of the defense was closed before that order was read to the prisoner in a civil court of any offense which assumed a political phase, court), it spent nine times. as much time in the consideration of this and during the war a great many cases somehow or other took on thiR case as this House proposes to give it undE1_r the limitation which has aspect. • been fixed by t.he gentlemen in charge of the bill. In the town in which I reside, a Government officer, a provost-mar­ The gentleman from New Jersey [Mr. PHELPS] makes the objection shal, was shot dead in his own door-yard in the presence of lns wife and that possibly-yes, possibly (he does not know, nor pretend to know)­ children. The murderers were arrested a few days later, in the same the decision of that court may have been made by five votes in favor county, concealed in a barn, at noon-day. The evidence of their guil~ of conviction and four votes against it. We do not know this; he does was overwhelming, and yet we did not dare in that county to try that. not know it. The law wisely sealed the lips of the court, and the lips case before the civil court because of this political element. A certain of the judge-advocate as well, on this matter. And whether the vote class of newspapers and a certain class of men espoused their cause and stood five to four, six to three, seven to two, eight to one, or nine in favor, at once became their champions. The man whom they murdered had 1884. CONGRESSIONAL RECORD-HOUSE. 827 been a remarkably vigilant officer; had arrested deserters, had ferreted and Navy can be properly employed to suppress it. To this, Mr. Chair­ .out frauds upon the Government, and done his duty faithfully and man, they refused their assent. Hear the next. In the second place he well. asked them, or a majority of them, to promise that they would not dis­ The murderers were total strangers, not a single person in the town courage enlistments or encourage desertions from the Army. This, knew either of them, andr yet they had hundreds of friends who openly too, they refused. In the third place he asked them to agree to use declared their innocence and extended to them their sympathy. We their influence, so fur as they had any, in favor of clothing, feeding, and .applied to General Hooker, first fora guard to protect the jail, andsub­ paying the Union soldiers. This they likewise refused. Yes, Mr. sequently for a military court to come there and try them, and he Chairman, these seventeen Democratic statesmen, representing all the ,granted both requests. And I shall never forget the howl that went Congressional districts of tlie State, preferred to let their great leader up about that military court; how it was denounced by certain news­ Clement L. Vallandig"4am languish and pine across the border in Canada plpers, and how in the opinion of many it ought to be driven from the rather than assent to fl}.ese three propositions. county at the point of the bayonet. So great wa this excitement that I refer to thi:s for the purpose of letting in on the military court that . it continued to the end' of the h'ial, which lasted fully three months, tried Fitz-John Porter a little of the light that then shed its rays all .and when the testimony was carried to Cincinnati by the order of General through theNorth. Is it strange that Fitz-John Porter should be found Ord, whose remains were spoken of in this Honse only a few days since, guilty· of disobedience of orders and of misbehavior in the presence of he deemed it his duty, owing to the political excitement, to approve the enemy, when so many of his friends were crying, "Good Lord, good the record himself, and conceal from the public the order he made for devil; for we don't know into whose hands we will fall?" the execution of the prisoners, allowing no one to know the result ex­ Deny it as you will now, there was a time when disloyalty ran riot .cept the prisoners and the officers in the camp in charge of them until in the North, when the air was full of sympathy for the I"ebellion, the culprits were ready for interment and when interference with the when State and county conventions were bold in their expressions of sentence was impossible. He took the responsibility of approving the disloyalty, when men openly rejoiced at rebel victories and groaned entence and of seeing it executed, after which be forwarded the three over our success, when thousands of men were Teady to hail with glad­ thousand pages of testimony to the President. When ask~d why he ness the news of the success of the Southern army. Secret organiza­ .concealed the fact that they were to be executed from the press and the tions such as the Sons of Liberty and Knights of the Golden Circle, public, he said he was determined to avoid the interference of certain were in full bloom in several of the largest States. And I have iu my politicians who always interfered in such cases; who misled and improp­ possession now some of tht relics of Greek fire and maps of rebel prison erly influenced the ;President. He knew by experience what that was, found on thE! persons of men who were drilling Copperheads by moon­ and in this case he proposed to avoid it. light in Southern Indiana. The scheme was, as claimed by the pris­ .r know, }1r. Chairman, another casewhich occurred in another State oners themselves, to release twenty thousand rebel prisoners, march where a Government officer was shot down under like circumstances. them to the arsenals and arm them, and then with fire and sword weep This case was tried before a civil court. Forty jurors were called, from the entire North as with a besom of destruction. This was the scheme whom the panel was to be chosen. Twenty of these were Republicans that had its allies in the North, and this was the absolute necessity for .and twenty were Democrats. Every Republican when interrogated said ·military courts. In such times as these civil courts are wholly inade­ lle had formed and expressed an opinion, and hence they were all ex­ quate. cluded from the jury. The Democrats, or at least twelve of them, said These men, be they who they may, who·sympathized with the re­ they had not formed or expressed any opinion, and the ca e was tried bellion and refused t<> give a cordial support to the Government in its to them. The result was that the bloody-banded murderer was ac­ effort to suppressit, became somehow or other the friends of the Dem­ ·quitted. This is only an illustration of the beauties of our civil system, ocraticpartyasitwasthenconstituted. WhywasMcClellannominated which lie so near the heart of some of the gentlemen on the other side in 1864 '? Was it because of his "masterly inactivity" or was it be­ ·Of this Chamber. cause he was a successful general? It could not be the latter, for the Not only this, but it often occurred that men who were tried and con­ same convention that nominated him declared the war a failure. -demned by military courts became not only martyrs, but heroes. I once I do not mean, Ur. Chairman, to charge the Democratic party with knew an officer who was cashiered for cowardice on the eve of a battle disloyalty during thewar. Bynomeans. Democratsand Republicans .and sent home in disgrace. He had scarcely reached home until he was fought side by side .in every battle and sleep side by side in every ceme­ ·Chosen sergeant-at-arms of a Democratic State senate, and became at tery. But all these men who were supposed to have a taint of dis­ once ''a bigger man than old Grant.'' How many such in tances can loyalty were Democrats. If that is any honor, the Democratic party is -vou name? entitled to it; if it is any disgrace, they can not complain of the truth .• There was another man, little known in the country except as his of history. name was connected with a bill which he had introduced in Congress It is worse than idle to claim that there is no politics in this bill. for the dissolution of the Union. He, too, was tried and convicted be­ Who will deny that the hope of the success of Fitz-John Porter's bill fore a military court for disloyal acts. This court was convened in in this House lies in the fad that there is here such a large Democratic -Qhio by General Burnside under that celebrated Order ~o. 38. The majority? If there were as large a Republican majority no on~ would sentence was expatriation, and Vallandigham went to Canada-left his expect the passage of the bill, and the fact that a few Republicans will ·country for his country's good. ' vote for the bill and a few Democrats Roaainst it does not in anywise The old slave escaping to Canada used to sing: rebut this proposition. I'm on my way to Canada, I have deemed it proper, Mr. Chairman, in view ofmypersonalknowl­ That cold and dreary land; edge of military courts, to present my views in regard to them, and to The dire effects of slavery say what I consider deserves to be said in their behalf, in view of the I can no longer stand. severe manner in which they have been maligned. I have attempted That was not Valllpldigham's song. He went away not to escape to show how inadequate the civil courts were during the recent war the dire effects of slavery, but to serve out the sentence of a military either tQ punish the guilty or to protect the innocent. I have also at­ -court, and to this day his friends have an awful fear of such tribunals. tempted to show that this hatred of military courts is no new thing, Strange to say, he ha~ scarcely reached the fond embraces of his that it had its origin in the late war, and that the sympathy here ex­ British cousins when he was nominated for governor in the great State tended to Fitz-John Porter comes mainly from the same party who ex­ -of Ohio by the great Democratic party. This is what a military court tended like sympathy to men charged with disloyalty during the war. -did for Vallandigham. And, in this connection, I must call the atten- I cannot consent that these gentlemen who have so maligned military tion of the House to a little bit of history which will show what kind courts, and who ha.ve held up to public execration some of the noblest -of atmo phere Fitz-John Porter was breathing, which may explain men the world ever saw, shall be permitted to forget their own record. why he was o ready to criticise the Government and so obstinate in I have nothing to say, Mr. Chairman, in this discussion, about the llis disobedience to the o1·de1·s of General Pope. . men who vacated their seats in this Honse 'and in the Army and Navy, The convention which nominated Vallandigham for governor sent and went boldly into the thickest of the fight under the flag of the re­ seventeen distinguished Democratic statesmen, representing the then bellion. They showed the courage of their convictions and voted as seventeen Congressional districts of that State, to Washington for the they shot. The?had the virtue of consistency. If Fitz-John Porter's purpose of procuring the revocation of the sentence ofbanishment, which sympathies were not with thlj North, if he did not love his country still separated this patriot martyr from his friends in Ohio. This com­ enough to follow any leader his country placed over him, be should have mittee, as ~now remember, went first to New York, organized, elected followed Lee. If all the men whose sympathies were with the rebell­ a chairman and secretary, prepared a state paper, which they brought tQ ion had gone with the South we then would have known where they Washington and handed to President Lincoln. The se~nteen Ohio were, and the war would not have been prolonged as it was. Democrats were all present and looked grave and solemn. Lincoln read Abraham Lincoln said, when interrogated as to the punishment of it, and in a little while he handed them two papers, one the duplicate Vallandigham, that the man who dissuaded a soldier from enlisting in <>f the other, and said to them that if a majority of them, each acting the Union Army or the man who persuaded a soldier to desert was as for himself and representing nobody, would indo~e and return one of much a traitor as the rebel who shot down a Union soldier in the front these paper agreeing to three things, he would revoke the sentence and ranks of the Army. This is the theory of the Republican party, and permit Vallandigham to return. The three things which he asked this is the theory that so many Democratic leaders, not all, so persist­ these Democratic statesmen tQ consent to were in substance these: ently condemn. This is the reason why the former has stood by mil­ First. That there is now in existence a rebellio.n, and that the Army itary courts during all the years of the war, and this is the reason why

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828 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 1, the Democratic party, in the main, has always been, as it is now, op­ :Mr. BOUTELLE. How much time, Mr. Chairman, have I remain­ posed to them. ing? Do the friends of Fitz-John Porter believe their own assertions in re­ The CHAIRMAN. Two minutes. gard to his innocence? Do they believe he was 38 true a patriot and as Mr. BOUTELLE. I yield thdse two minutes to the gentleman from brave a soldier 38 ever followed any flag or fought any battle? Do they Pennsylvania [Mr. MILLER]. ' believe that the court which tried him and sentenced him to be cashiered Mr. MILLER, of Pennsylvania. Mr. Chairman, I had not intended did him gross injustice? If they do, why do they not propose in this to occupy the time of this House in discussing this question, but ina.s- · bill to do him justice? If he was innocent, the present bill is an insult. much ~ I have paired wit~ my colle3.oaue Ll\1r. RANDALL], who. is If he was innocent, he is entitled to all his pay for the years of his dis­ necessanlJ' absent, and who if present would have voted ay, I desire to ability, and then he would not be compensated. This bill only proposes place :rp.yself on record, and it is the greater pleasure for me to do so, for to restore him to the pay of colonel and then to place him on the retired­ the sentiments of my constituents are in accord with my own convic­ list. This of itself is a confession that his friends have not full faith in tions. his innocence or in their ability to vindicate him, even in this political I am opposed to the passage of this bill, not because I believe Porter tribunal. If I could_ vote tor the passage of this bill I could vote for was disloyal to his country on those three days in .A.u!!Ust of 1862 in hiscompJ.ete restomtion and for the fullest compensation for all the years the common acceptation of tha.t term; not because I beli~ve Porter held since his conviction. back from fear, but because I believe Porter on the 28th and 29th days It is from no feeling of malignity toward Fitz-John Porter that I of. August, 1862, cherished such au animus toward those who had re­ oppose the passage of this bill. On the contrary, my sympathies have moved :McClellan, and had such an animus towru:d Pope, that he failed been touched by the earnest appeals in his behalf. But it is because I to do his whole duty, and was guilty, during those two days, of-such acts tremble for the safety of this Republic when it is proposed to ignore of insubordination toward his superior officer that justified the finding the t>recedents of the past and invite endless complications for the future. of the court-martial. · I have not attempted to discuss the evidence or facts upon which the I believe, sir, that Porter did not wish to see Pope successful in that court reached jts conclusions. There are reasons above and beyond campaign. these more important to this Government than the life or the liberty In the language of a distinguished soldier and sta,tesman of this of any oue individual-questions which ma;y in the near future involve country who had the intelligence and the ability to study and decide the life of the Republic itself. If the finding of the court that tried this question, General J ncob D. Cox, a soldier speaking to soldiers ofthe

Fitz-John Porter can be set aside by partisan interference, what court Society of ex-Army and Navy Officers of Cincinnati, on February~ 1 in the land is safe in its jurisdiction? The judgments of the Supreme 188'2: Court of the United States can all be set aside. The findings and sen­ . To r~?mit. the remainder of a continuing I?~hment by restoring him to cit­ tences of every military court that sat during the war can be reversed, lZenshlp, like other acts of amnesty and oblivion, would be magnanimous. so :t1r as any part of the sentences remain unexecuted. This has been done. Mr. Chairman, in behalf of the soldiers of my native State, many of But to vote him. a tr~umph, ~ ree<;>rd his conduct. as the model of chiYalry whom sleep to-day in unmarked graves; in behalf of thos~ brave and and .excellent sol~1ers~1p, to enr1ch ~from the public Treasury, to restore him true patriots who cast aside party affiliations, who left home and wife to his rank, to rctrre him on pay ten trmes as great as the pension your maimed! and children to follow their country's flag and die, if need be, to save and crippled comrades of similar grade are receiving1 is to do dishonor to every it from dishonor; in behalf of my country, so deeply interested in the one who really threw his soul into the struggle for his country. decision of this hour, I desire to enter my protest against the passage The CHAIRMAN. The tim~ limited by the order of the House for of this bill. general debate on this bill a.as expired. The bill will now be read for :Mr. BOUTELLE. I yield five minutes to the gentleman from Iowa amendment and discussion under the five-minute rule. [Mr. HEPBURN]. The Clerk read as follows: Mr. HEPBURN. Mr. Chairman, I had hoped to be able to occupy Be it enacted by the Senate and House of Representatives of the United States of more than five minutes in the discussion of this case; and in order to America in Congress assembled, That the President be, and be is hereby author­ fit myself for the discussion I have given careful study to all the pro­ iz~d to !1-ominate and, by and wi~h the advice and consent of the Senate, to ap­ pomt F1tz-John Porter, late a ma;or-general of the United States volunteers and ceedings of the different courts, all the maps that have been filed, and a brevet brigadier-g~neral and colonel of the Army, to the position of colonel in all the data that were within my reach, and I have concluded, at least the Army of the Umted States, of the same grade and rank, together with alll to my own satisfaotion, that I can not vote for this bill. I can not vote the rights, titles, and privileges, held by him at the time of his dismissal from the Army by sentence of court-martial promulgated January 27, 1863 and in his. for it, Mr. Chairman, because of the questions involved in the merits discretion, to place him on the retired-list of the Army as of that gr~de there­ of the case as I find them. I believe that there can be no question that tired-list bein~ thereby increased in number to that extent· and all J~ws and those who bring to the study of thi& case a mind undivided by other part of laws m conflict herewith a~e.suspended for this purp'o e only; but this­ act shall not be construed as authorlZlng pay, compensatiOn, or alloWllonce prior considerations than the determination to do exact justice between this to appointment under it. party and the Government must -arrive at the conclusion that the court which originally tried General Fitz-John Porter was right and that its Mr. LAIRD. Mr. Chairman, I move to amend by striking out the last. iudgment was correct. word. Believing as I do that there is no place where the honor of an But aside from that I could not now vote for this proposition. I am American so~dier ought to be so safe as in the hands of the Representa­ as~ed by the friends of this bill to plaee myself in the attitude of one tives of the whole .A.me1i.can people, I desire to say before this vote is reviewing the judgment of a court of ample power. I am asked, in cast that I shall vote first, last, and all the time for the vindication ot:: other words, to set aside a verdict. Why? They tell me because there the honor of General Fitz-John Porter. [Applause.] is newly discovered evidence; they tell me becarne there was con:flict at And let me remark to the gentlemen who seek to bring the menace· least in the testimony of the witnesses who appeared in the court below. of future punishment to bear upon the discharge of present duty that No one can dispute the proposition that there was conflict in the evi­ if I knew this act of mine would end my bodily existence as you say it dence; that the various p~opositions were denied by some and affirmed may end ·my official one, then still would I do it; and I would thank by others. · .... God that my loyalty to my country as I understand her honor, that What is the duty of a court of review when there is conflict in the my loyalty to my general as I understood my duty, that my loyalty to­ testimony? It is to allowtheverdictto ~tand, because those who have the truth as I know it to be, wa~ strong enough to lift my condud seen the witnesses, those who have heard them testify, those who have above the possibility of ignominious change to come from cowardly con­ had an opportunity to test and judge of their credibility are more com-" siderations affecting my life or future condition. petent to determine where the actual verities of tbe case are and what I do this not because I am guided by the judgment of the Schofield particular witnesses sh8uld be believed or disbelieved. You, gentle­ board o-r the statement of IDysses S. Grant, for I have not read the one­ men, ask me to overturn this well-established, this universal rule and I have never considered the other. Nor a,re the convictions that I recognized by all the courts of this country. You ask me to reverse t~ here hastily express the growth of a day; they are as old as the injus­ verdict because you say there is newly discovered evidence. Evidence tice he llas suffered. I do it because I was with Fitz-John Porter from. of what character? Was there brought before the court of review or the siege of Yorktown until the attack of the enemy across th~ Chick­ is there now urged here a particle of evidence that ~oes not bear upon ahominy, from that attack to the battle of Hanover Court-House, and one of the disputed propositions in the court-martial? The whole of from that to Mechanicsville, from that to Gaines's Mill, and throughout this newly discovered evidence is at best but cumulative in its charac­ his career except when I was disabled by wounds [applause]· and 1 ter. There is none bearing upon points that were not in controversy want to say, Mr. Chairman, it is my (eliberate judgment, spedking of before the court-Ililartial. what I know of Fitz-John Porter, that in all the great battles of the What is the rule of courts in cases of this kind? .A..re new trials English-speaking race from Bannockburn to Gettysburg there has not given upon newly discovered evidence tbat is merely cumulative in its been made by any soldier a record which demon trates greater loyalty character? Where.do you find the court that will sustain a proposi­ to the cause of his country than th21.t made by Fitz-John Porter. Having. tion of that kind? So that whatever the merits of the case, leaving seen him on all his ba,ttle:fields, I believe it can be said of him in action them entirely out of the question, I can 1·est my judgment on this mut­ as was said of the soldier of old: ter upon well-defined, well-recognized, and undisputed propositions of He was swifter than an eagle; be was stronger than a Hon; and from the­ law that no one of the gentlemen upon the other side will in my judg­ blood of the slain and the fat of the mighty his sword returned not empty. ment deign or da.re to gainsay. Mr. STEELE. Does not the gentleman tltink Porter had his wing.

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1884. CONGRESSIONAL RECORD-HOUSE. 829

M:r. LAIRD. At least his wings did not take him to the rea~ on that Mr. STEELE. · I rise to oppose the amendment. day, as it did McDowell, who brought the courage of a. quartermaster The CHAJRMAN. It may be opposed by the gentleman from Cali­ to bear upon the tasks of a hero; aiid yet you say McDowell ought to fornia. be promoted because he went to the rear, and because Porter did not Mr. STEELE. Has the gentleman risen to oppose it? he ought to be shot. · Mr. HENLEY. If the gentleman desires to know he has the em­ McDowell was ordered to move on the night of the 27th the same as phatic response, yes. Porter. So were Reno and Kearny. Reno and Kearny did not report The CHAIRMAN. The gentleman from California has the floor. until noon; Porter reported at 8 o'clock in the morning; and McDow­ Mr. HENLEY. Now, Mr. Chairman, after the very exhaustive and ell did not move at all. The court of inquiry in his case condemned absolutely unanswerable arguments oftb.e gentleman from New Jersey what he did, but excused it on account of his conduct on the 30th. [Mr. PHELPS] and others supporting this bill I shall not attempt to You who are so ready to condemn Porter for his delay of two hours shed any additional light on it; and the only expectation I have in on the 27th, why is it you never mention that his corps received orders taking the floor on this occasion is merely to speak of the record, which at Harrison's Landing at 5 p.m. of the 14th of August to join Pope and has been somewhat marred by certain action taken by gentlemenoppos­ at 7 o'clock was under way for Fortress Monroe? At sunrise on the ing this measure. The gentleman from Indiana [Mr. CALKINs] made 18th, though detained forty-eight hours to guard bridges and trains, it an assault on General Grant this afternoon, to which, I say to him and encamped after a march of sixty miles at Hampton, having covered to the House, members urging this bill have every disposition in the sixty miles in thirty-five hours, and by its rapidity reached Fortress world to make proper and adequate response, but we are tortured by Monroe on foot ahead of the division of Reynolds, that came by trans­ the apprehension that if we should do so the gentleman from Indi­ port. ana might follow the example of the gentleman from Michigan [Mr. I will give the gentleman another illustration of what I mean, and CUTCHEON] on the same side, and the result would be that in the morn­ - it is with pain that t am obliged to refer to the fact that in a.ll this de­ ing we would find ourselves replying to something that did not exist bate there has not been on y0ur side a single mention of the gallant in the RECORD. (Laughter and applause. J conduct of Fitz-John Porter and his corps on the 30th of August, 1862. How does this come 't Gentlemen on the other side must pardon us When the Fifth Corps, headed by General Porter, moved to the assault for expressing some slight doubt as to the sincerity of their professions. of Jackson's troops in the sunken road, and when the effort to deploy The gentleman from Michigan [Mr. CuTCHEON] delivered a speech on the column had resolved itself into a great rush to get to the front this floor which contained a. calumnious intimationin reference to Gen­ where men coulcl fire-not at the enemy behind earthworks or a rail­ eral Grant, and it was applauded to the echo by his friends on the other road embankment, but in a cut where nothing was visible but their side. heads, and when the column was being cut down in platoons by the Lo and behold! it seems that the gentleman from Michigan concluded confederate artillery, firing over the heads of their own mell-there that he had better resort to a little penitential sorrow and accompa­ came ringing through the din ~f the battle the order of their general, nying saekcloth in that particular matter, because he takes a night "Fix bayonets, and jump into the ditch and bayonet them," and in a and goes into prayerful meditation upon the su'Qject, and in the morn­ moment more, had not Longstreet swept across our rear, the bayonets ing when the RECORD comes out, or the succeeding day, we find that of the Fifth Corps would have been warmed in the marrow of the he has stricken out of his speech every defamatory allusion to General troops of Jackson. Grant; and not only that, but excluded the applause with whi<:h it was was· that the language and the conduct of a traitor and a coward? greeted and the expression of astonishment-[applause on the Demo­ Since the Dutch king proclaimed that he would tear down the dikes cratic side]-hrepeat the expression of astonishment that that applause and let in the ocean there has not been a braver speech. elicited from the gentleman from New York [General SLOCUM], who On the question of discretion I wish to say a word. I will cite an expressed his unbounded surprise that anything .defamatory of General instance that will perhaps come home to the gentleman from Michigan Grant should escape the lips of a gentleman upon the other side of this (Mr. HoRR 1. He said there is no discretion, and there ought t.o be House. none, on the part of a subordinate over the orders of a superior. When Now, lfr. Chairman, for these reasons gentlemen must pardon us for the columns of the confederates at Gettysburg were advancing across a little incredulity for their good faith in this matter or we must at­ the flank of the second brigade of the first division of the Fifth Army tribute these opinions to their partisan views. Corps, Colonel Jeffers, ofthe Fourth Michigan, holding the right ofthe Another thing: We learned from the gentleman from Indiana [Mr. line, asked leave of General Switzer to change front., and Switzer asked STEELE] a fact which I have no doubt afforded to both sides a keen General Barnes, commandingtlfe division, and that general sent back senseofgenuineamazement. Welearnedfrom thegentleman thatwhell word, "Tell General Switzer to advance with the second brigade." General Schofield presided over the board. of inquiry upon which he And when the request was repeated and Barnes had again ordered the was appointed by the President of the United States, and after calling ..advance it did advance, to certain and senseless destruction, for the witnesses after witnesses, ransacking all parts of the continent for testi­ right of the brigade was surrounded in a minute, and the Fourth Michi­ mony, proceeding with all the solemnity of a court, administering oaths :gan, as brave a regiment as ever Mveled a musket, was annihilated and probing this matter to the very foundation, we learned that be had ~ithout an opportunity to return an effective blow, and Jeffers fell an object in view, and that he did it-why? When he rendered his stabbed to death with bayonets while fighting with a naked saber over judgment exonerating Fitz-John Porter he did it, we are to infer, not ''his colors. because he believed Fitz-John Porter innocent. Oh, no ! That is not Let the advocates of "no discretion" tell me if their science of war the suggestion of the gentleman from Indiana. Not because be acted teaches that subordinates in the face of a better knowledge shall obey from any honorable motive which should prompt a man to ad in any murderous orders, and slaughter thous..

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830 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 1,

There was no objection, and it was ordered accordingly. [See Ap- Mr. SLOCUM. Take all you want. Take your twenty-five minutes. pendix.] and then give us a vote. Mr. STEELE and Mr. CALKINS addressed the Chair. Mr. STEELE. Now let us adjourn. Mr. SLOCUM. There was an amendment-- Mr. SLOCUM. I claim the floor. Mr. CALKINS. If the gentleman from California has referred to me Mr. REED. Will the gentleman from New York make the motion as the gentleman from Indiana who made remarks defamatory of Gen­ that we shall have twenty-five J¥inutes for debate on this side? eral Grant in any manner, I wish to say that the statement is entirely Mr. COX, of New York. Will that satisfy gentlemen on that side­ gratuitous and without foundation in fact. of the House? Mr. SLOCUM. There was an amendment proposed the other day Mr. REED. .Asiunderstanditthatarrangementwill besatisfactory. to amend this bill so as to provide against giving back pay. I accept .Mr. STEELE. The unde.rstanding being that the twenty-five min­ that amendment. I move that the committee do now rise and report utes will be for the use of those opposed to the bill. the bill back to the House with a favorable recommendation. Mr. REED. That debate in committee shall close in twenty-fi-ve­ Mr. STEELE. I have an amendment to offer. minutes on this side; but after that it is our right without any. agree­ Mr. CUTCHEON. I wish also to offer an amendment. ment that amendments can be offered, but without debate. The CHAIRMAN. The Clerk will report the amendment submitted Mr. COX, of New York. Does the gentleman from Maine propose­ by the gentleman from New York. to have the vote to-night also? The Clerk read as follows: Mr. REED. You can put the bill in such a shape that you can get a In line 17, strike out all after the words" prior to" and insert" the passage of vote to-morrow, or you can have the vote to-night if the House desires it. this act." Mr. SLOCUM. In the management of this bill I have tried to be­ The CHAIRl\IAN. Without objection this amendment will be con- exceedingly fair to the other side of the House. They have never made sidered as agreed to. a request that has not been conceded. They have never asked an ex­ There was no objection. tension of time that has not been granted. They have occupied twice­ So the amendment was agreed to. the time that has been occupied by this side of the House. I now Mr. SLOCUM. I move that the committee do now rise and report again give way to you. Propose all your amendments. Take the­ the bill to the House with a favorable recommendation. [Cries of twenty-five minutes by yourselves, but give us a. vote after that. " Vote ! " '' Vote ! "] I nowmovethattheHouse resolve itself into Committeeofthe Whole­ Mr. STEELE. I ·wish to offer an amendment. House with ~he understanding that there be a debate of twenty-five­ Mr. HENDERSON, of Illinois. Mr. Chairman, I wish to say a word minutes on amendments pending. on tbe subject before closing this debate. The SPEAKER. That understanding can oruy be made by una:ai­ M:r. REED. I rise to a point of order. mous consent. The gentleman from New York asks unanimous consent The CHAIRMAN. The gentleman from New York moves that the that when the House again resolves itselfinto Committee of the Whole­ committee do now rise. House the further time allowed for debate be limited to twenty-five· Mr. HENDERSON, of Illinois. I move that the House do now ad­ minutes, to be occupied by opponents of the bill, after which, of course, journ. amendments may be offered, but without debate. The CHAIRMAN. The House is not in session. Mr. COX, of New York. After which the committee will rise. Mr. HENDERSO~, of Illinois. Then I move that the committee The SPEAKER. That will follow. . rise. I do this because I want to say to the gentleman from New York 1!1r. KEIFER. It is :in accordance with th~ und.el!Standingthat some· that we con ented to limit the general debate upon this bill to three of the gentlemen who want debate may have it on amendments yet to. hours and forty-five minutes with the understandingthat there should be offered. be a discussion under the five-minute rule. The SPEAKER. The Chair thinks the understanding as stated from The CHAIRMAN. The gentleman from Illinois is out of order. The the Chair would not interfere with that privilege. Is ther~ objection to gentleman from Maine rises to a point of order and will state it. this understanding? The Chair hears none, and it is o ordered l>y the· Mr. REED. I suggest that the Committee of the Whole House can House. not report this bill so long as gentlemen a,re ready to offer amend- Mr. CANNON. I move that the House do now adjourn. ments. • Mr. HISCOCK. I would like to inquire of gentlemen on that side 1!1r. STEELE. Substantial amendments. whether if there be affual vote on this bill to-night they intend to have· Mr. REED. And a number of gentlemen have addressed the Chair a session to-morrow? • announcing their purpose to offer amendments. I suppose there can be Several MEMBERS. No. nothing clearer than that. •1!1r. HISCOCK. Then! hopewewill have a vote on the bill to-night. · The CHAmMAN. The point of order is well taken so far as pend­ The SPEAKER. The gentleman from Illinois [Mr. CANNON] moves. ing am.PJ!dments to the section are concerned. But it is in order for the that the House adjourn. gentleman from New York to move that the committee rise with the The motion was not agreed to. view of obtaining from the House :m order to close or limit debate. 1!1r. SLOCUM. I move that theHousedo nowresol"\te itself into the· Mr. REED. Is it in order for the Chair to instruct the gentleman Committee of the Whole House. from New York thus publicly in his movements? The gentleman fr9m The motion was agreed to. New York has himself had experience. The House accordingly resolved itself into Committee of the Whole· Mr. STEELE. I desire to say that I have am~~Dfunents to offer. House on the state of the Union, Mr. SPRINGER in the chair. Mr. CUTCHEON. And I also have amendments. The CHAIRMAN. The House is in Committee of the Whole House The.CHA.IRMAN. The gentleman from New York [Mr. SLOCUM] and resumes consideration of the bill (H. R. 1015) for the relief ofFitz­ moves that the committe rise. That motion is in order. John I!o.rter. By order of the House all debate under the five-minute­ The question was taken; and there were-ayes 154, noes 78. rule is limited to twenty-five minutes, to be occupied by those oppos­ Mr. REED. I call for tellers. ing the bill on pending amendments or such further amendmentq as . Tellers were ordered. they may offer. The Chair recognizes the gentleman from Indiana. The CHAIRMAN. The Chair appoints as tellers the gentlemen from [Mr. STEELE]. . New York, :h-1r. SLOCUM, and the gentleman from Maine, Mr. REED. Mr. BAYNE. I rise to a parliamentary inquiry. The committee again divided; and the tellers reported-ayes 161, The CHAIRMAN. The gentleman will state it. noes 77. Mr. BAYNE. Is the amendment of the gentleman fi:om New York. So the motion was agreed to. [Mr. SLOCUM] pending? The committee accordingly rose; and the Speaker having resumed the The CHAIRMAN. That amendment has been ·agreed to cmd is a chair, ltfr. SPRINGER reported that the Committee of the Whole House part of the bill. had had under consideration the bill (H. R. 1015) for the reliefofFitz­ Mr. STEELE. Mr. Chairman, I desire to move to amend the bill by J ohn Porter, and had come to no resolution thereon. striking out all after the word '' appoint,'' in line 5, and inserting in lieut The SPEAKER. The gentleman from New York (Mr. SLOcUM) is thereof the lVOrds "Ward B. Burnett, late brigadier-general of volun­ recognized. · teers and a lieutenant in the United States Army.'' I propose here the· Mr. REED. I will say to the gentleman from New York that about name of a man of whom I hold the certificate from Andrew Jackson, jr., fifteen minutes of debate are desired on this side, together with the that he was the bravest of all the men in the Mexican war [great. right to us, I suppose, of offering in committee whatever amendments laughter on the Democratic side] and was so judged by his comrades. may be desired. A .MEMBER. Andrew Jackson was dead then. :Ur. SLOCUM. Will that satisfy the other side of the House? If Mr. STEELE. I am very glad to know that there is one of my they will be content with that, I have no objection. friends on the Democratic side here who seems to know that Andrew 1\Ir. STEELE. · I want fifteen minutes myself. I have three amend­ Jackson is dead. I wonder that you do not seem to know he had a son !~ ments I wish to offer. Let me read the certificate carrying out a bequest of his father of ::l .Mr. SLOCUM. I desire to know if the proposition of the gentleman gold medal to General Burnett: from Maine [Mr. REED] will satisfy that side of the House. THE HERMITAGE, TENl.~ EE, August 17, 1859. Mr. REED. Ifthe gent.lemanwillsaytwenty-fiveminntesi believe Bequeathed by Maj. Gen. Andrew Jackson" t() that patriot of New York city that will satisfy this side. who ( hould our happy country not be blessed with peace) shall be a.djudgedtJy: 1884. CONGRESSIONAL RECORD-HOUSE. - 831 his countrymen to have been the most distinguished in defense of his country will still believe that the judgment of the court-martial, approved by and our country's rights," and a arded under that bequest, by the generaJ voice of his brothers in arms, to Bvt. Brig. Gen. Ward B. Burnett, colonel of the First Abraham Lincoln, was a just judgment, and that Fitz-John Porter was Regiment New York Volunteers in the late war with Mexico. · justly condemned. ANDREW JACKSON, JR., Trustee. [Here the hammer fell.] I want to say further that this man is now blind and helpless. He Mr. PETERS. lli. Chairman, I rise to oppose this bill. The ques­ was a graduate of West Point. Let me appeal to your l;ympathies on tion for each member of this House to determine is, shall the decision that ground, if no other will influence you. He is not the man who of the court-martial in the case of General Fitz-John Porter stand? If on the 29th day of August, 1862, received positive orders to go into it was right in January, 1863, it is right now. If it was wrong then, battle, and instead of doing so went two and five-eighths miles to the it is wrong now. If it was. right in 1863, it should stand as :firm as rear and laid there all day. He is a distinguished soldier who gave the Government in the interest of which the decision was made. If it the best of his life to his country and lost his sight from a wound re­ was wrong then, the decision of the court-martial should fall, the stars ceived in its service. should be replaced upon Fitz-John Porter's shoulders, and the emolu­ I now want to call the attention of gentlemen to this fact: that in all ments so wrongfully withheld from him should be willingly, speedily, the discussion here they have not controverted the assertion which I and publicly given to him. Time never changes a. right to a wrong. made, and now make, that Fitz-John Porter did not even make a re­ Circumstance2, however potent, can work no miracle of this character. connaisance to :find out whether there was an enemy that he might at­ Either the decision of that court-martial was right or it was wrong. tack either in his front or right. Every single particle of the evidence The issue is simplified by the friends of the bill. They insist upon will show that he could have attacked a portion of Longstreet's army its passage not as an act of mercy, but as an aet ofjustice. Fitz-John that was on h.is right front if he had tried to do so. Colonel Marshall Porter, through the medium of the advocates of this bill, asks this not and a colonel of a New York regiment say that they saw the troops of as a favor but as a right. Ifthe claim made by him isjlll:!t, then this the enemy to our right and front, and tlrere is no evidence that Porter bill is unjust to him, because it does not give him his rights. wanted to go into the :fight. On the contrary, the insubordinate dis­ If the decision of. the court-martial was wrong, then Porter is en­ pa.tches he sent to Burnside, the fact that he made no attempt to :find titJed not only to be restored to his rank, but be is by every law of jus­ if there was an enemy in his front, or if he could comply with his orders tice and equity entitled to the pay of that rank during all these years. to join on the left of our army and press whatever enemy he might Not a. single man who votes for this bill can consistently refuse to vote :find to fight, was utterly disregarded. Longstreet has said that '':find­ for a measure to give him the pay. There is no use mincing words upon ing that Porter had withdrawn from my front enabled me to send two this matter. If I believed the act of the court-martial was wrong, I of my divisions to the assistance of Jackson.'' He does not say that he' would insist upon an amendment to this bill giving him the pay out waited for orders, but that he found it possible (owing to the want of of which he has been wronged. spirit in Porter) to spare troops to fight the gallant men of Sigel, Hooker, If the advocates of this bill believe in it as an act of justice, then I King, and McDowell. appeal to them to do this man full justice and act consistent with pro- Ontthe contr: :ry, there is the evi;lence of General McDowell, who says fessions. · that after talking the whole matter over with Porter he left him with Was the decision of that court-martial right in 1863? the distinct understanding that he was going to put his troops in there; The judgment of any organization of men, or of any individual, is which, under the modification of the joint order, he was authorized to do. fallible.· We determine the correctness of human judgment by various He directed him to go in there, but he did not do so. McDowell says human tests, and if it bears the scrutiny of these tests we can safely that if he had done so he believes (and others testify to the same effect) rely upon its correctness. that our victory on that day would have.been a glorious one. Apply every known test to the decision of this court-martial, and see [Here the hammer fell.] the result. . Mr. HENDERSON, of Illinois. Mr. Chairman; I had not intended Who were these men composing this court-martial? Were they mere to discuss this bill. I do not pretend to be much of a military man boys? Were they men without age and experience? myself nor to have much of a military reputation. It is true I served General Hunter was 60 years old at the time he became a member of as an officer in the late war, and think I .know the difference between this court-martial. He graduated at West Point in 1822, and had there­ a brigade and a division; but I have been inclined to accept the judg­ fore seen forty years of service in the Army. The :fires of youth had ment of the gentleman from New York [Mr. SLOCUM] who has charge waned ; the ambitions of manhood had been satisfied; and, crowned of this bill when he says that there are not ten men in this House who with age, a large experience, and a spotless reputation, he assumed the are capable of acting upon it intelligently. duties ofjudging the conduct of his brother officer. General Hunter grad­ I have regretted one thing in the discussion of this bill, and that is uated at West Point the same year that Porter was born, and had there­ that some of the friends of the bill, who advocate its passage, seem not fore seen as many years of senice in the Army as Porter had seen years to be more inclined to build up Fitz-John Porter than they are to pull in life. ·down some other men who, in my honest judgment, are his equals, if General Hitchcock was 64 years old at the time of this court-martial, not his superiors. and had seen forty-five years of service in the Army. Hegraduatedat I desire, Mr. Chairman, to say a word for General John Pope, a na­ West Point in 1817. He was too old for the activities of war, but not tive of my own state, who has been spoken of here disrespectfully by a too old for counsel, for calm, matured judgment. n urn ber of gentlemen in their advocacy of this bill. I know something General King was 48 years old and a graduate of West Point in the of his military character and of his military operations during the late class of 1833. He was adjutant-general of the State of New York from war, and I am sure that no man, no patriot in all this broad land, ever: 1839 to 1843, and at the outbreak of the war was the representative of justly complained that General Pope was not at the front with his com­ this country at the court of Rome. He was therefore not only of ma­ mand when he was needed there. ture age, a soldier by education, but he had also the experience of a And I believe as much as I believe anything that General Pope did statesman to enlarge his judgment. not have the cordial support and good-will of Fitz-John Porter and General Ricketts was 46 years old, with twenty-three years' experi­ some of the subordinate officers under him at the second battle of Bull ence in the Army, having graduated at West Point in 1839. Run. The conviction is forced upon my mind that even if Pope was a General Casey was 55 years old.anq a graduate of West Point in the weak man, as some claim, he never derived any strength from Fitz­ class of 1826. He had therefore a ripe experience of thirty-six years J ohn Porter; that if he was an unskillful general, he never had the in the Army. benefit of any counsel from Fitz-John Porter. General Buford, also55yearsofage, graduated at West Point in 1827, But I believe him to have been a brnve and gallant officer, who was and after eight years of service in the Army became a civil engineer, a always ready and willing tO do his duty, and that he deserves· better railroad man, and at the outbreak of the war was engaged in banking. of his country than some of his maligtlers. It is proper that I should Thus six of the nine men on this court-martial were men of military say this much of General Pope, as a Representative from the State in education. The youngest of them was six years older than Porter, and which he was born. all, with the exception of General Buford, had far more military expe­ I shall not at this late hour attempt to discuss this bill, and could rience. They constitute one more than a nia;jority of the court-martial. not do it in five minutes if I desired to do so. I want to say' that, ac­ The remaining members were General Prentiss, 43 years of age; eepting as largely true what the gentleman froJil New York [Mr. SLO­ General Slough, 33 years of age, and General Garfield, 31 years of age. CUM] has stated to this House, I think that this case was once tried by These three men had no personal acquaintance with Porter, had never men who were better prepared to try it than we are here in this House. served either in the Army of the Potomac or the Army of Virginia. It was tried by honorable men, by high-minded men, bymilitarymen, General Prentiss served in the Mexican war as the adjutant of the by men of character and of judgment, who had the witnesses before First illinois Volunteers, and from the outbreak of the rebellion to the them, and who scanned their evidence as they were capable of scanning time of this detail had no connection with an Eastern army. it. For one, I am disposed to let the matter rest with them, and not General Slough was a lawyer by profession, an Ohio man by birth, disturb the judgment of the court-martial which found Fitz-John Por- and began his military experience as colonel of the First Colorado Vol­ ter guilty. unteers. Mr. Chairman, the passage of this bill is urged as a vindication of Of General Garfield, the youngest member of this court-martial, I Fitz-John Porter; but pass it, and while in the estimation of the peo­ need not speak. After he had rendered his decision he returned to ple in some parts of the country it would be regarded as a vindication, the West, and the distinguished general, now member from California. I tell you in other parts of the country thousands and tens of thousands selected him as chief of staff. 832 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 1,

Thus I have at some length given the personnel of this court-martial portunity wa.~ afforded him to present to that court-martial every single to establish the ability of this court to render a ·righteous judgment. circumstance that could in the least be fa rable to him. And, on the Twenty ycar3 of scrutiny by the counsel and the partisans of Porter other hand, it was difficult for the Government to obtain testimony, be­ have resulted in but one unfavorable criticism upon either of these cause we all know that it is much easier to obtain testimony favorable to men in relation to their action as members of that court-martial. We acquittal than to conviction; and there were, dou'btless, many persons have beard that criticism repeated in the discussions upon this floor. It TVho knew of fatts which would have been favorable to the prosecution is true General King was sworn as a witness, but where is the man who of General Porter, but withheld them for the very reason they did not dares cparge 1hat the testimony of this man was untrue. If it was desire to be instruments in securing his conviction. Notwithstand­ true testimony, then it was General King's duty to his country, to Por­ ing I had the honor to belong to a regiment that was the extreme lefi ter, and to his associates upon the court-martial to make that testi­ of the Union line on the 30th day of August, which was connected with mony known, not in a cowardly and illegal manner in private con­ the First Corps during aU that series of battles, yet I do not now recol­ versation with them, as he could have done oy reason of his relation lect and have never heard of a single witness from my regiment my to them, but in a public manner, under oath, and subjecting himself to brigade, or my division that was subprenaed before that court-marlial. the law for swearing falsely, as well as to the cross-examination by And yet I know, and there are others upon this floor who know, that General Porter's counsel. Away, then, with such a flimsy charge! the most damaging testimony to General Porter could have been ob­ These men, then, not only had the ability, the capacity, but they had tained by subprenaing some of the general officers who commanded honesty of purpose, and were free from bias or prejudice against brigades and divisions in the First Corps upon that day. And not only Porter. , from them, but also from the privates and sergeants and line officers It will not do to charge that a sacrifice was demanded to shield men who on the 28th and 29th realized the effect of his disobedience of or­ high in authority. If that be true, whyselectsuchmenas constituted ders. this court-martial? If General Halleck or the Secretary of War wni But it is urged that this conJi-martial was held in the time of great .actuated by such unholy motives, it would have been no more dishon­ excitement, and the gentleman from New Jersey [Mr. PHELPS] said orable to have caused the selection of men who would have convened to :;omething about the ''powder-begrimed visages of these generals convict Men could have been selected who could conscientiously have fresh from the field of disaster to our arms.'' The stern and unrelent­ convicted Porter without spending forty-five days in hearing testimony :ng facts of history destroy not only the poetry of the statement, but and in deliberation. A court-martial composed of distinguished gen­ ~ntrovert the statement itself. erals could have been convened which could have conscientiously con­ . There was a time of excitement about the first days of September, victed and sentenced Porter to be shot upon the testimony of General when Lee and his victorious troops were hovering like a great threat­ Pope alone. In the light of forty-five days consumed in the hearing ening cloud about the capital of the nation. Then there was '' rushing <>f testimony and in deliberation, let us hear no more of such unjust to and fro '' and '' mounting in hot haste the steed,'' and the powder­ and unwarranted aspersions. begrimed veteran, as well as the new recruit, poured into and through What were the opportunities possessed by this court-martial for hold­ Washington to check Lee's advance into Maryland. It is true 1:4lese ing a full and fair and complete investigation? The order convening were exciting times, but before the October days came the battles of it was issued November 25, 1862. This body continued in session tor South !tiountain and ~tietam had been fought and Lee was forced forty-five days; certainly an ample time in which to investigate the back to Winchester, and long before the order for this court-martial guilt or innocence of one man. issued he had been forced back beyond the Rappahannock, and the It is true, as has been stated upon this floor, that at some period dur­ capital was safe. ing the sitting of this court-martial an order was issued by the Secreta1-y The country had learned a lesson. The administration had learned <>f War which seemed to have for its object the concluding of the pro­ it also. Both bad been taught, at the expense of tens of thousands of -ceedings ofthe court-martial, but w:Ben it is known thatthisorderwas precious lives, that a general might be the idol of his n.rmy and yet be not i..~ued until after the evidence of General Porter had all been pre­ a military failure; that a man might be a great engineer but a very sented to the court-martial, and while the Government was presenting small general; that he might be good on parade but worthless in ag­ its rebuttal testimony, it will be seen at o111ce that if the order had any gressive warfare. The administration removed General McClellan for effect at all, its effect must have been favorable to General Porter and incompetency, and, though the Army murmured at the time, subsequent not favorable to the prosecution. Therefore the issuance of this order events proved the wisdom of the action; and here let me say, in the .cea&!S to be a factor on the side of General Porter. But the order had light of history as recorded in the dispatches that passed between Hal­ this significance and as a circumstance tended to prove this fact, namely, leck and McClellan, so admirably collated and so forcibly presented the proceedings of this court-martial were of a careful and deliberate to this committee this day by the gentleman from Indiana [Mr. CAL­ dmracter; that the charge of hasty action or hasty conclusions could not KINS], McClellan should not only have been removed from the command be made and was not made even by General Porter himself until fifteen of the Army, but should also hav~ been cashiered for his inexcusable years after its deliberations had been concluded. If the distinguished and reprehensible delays in obeying the orders of his superiors. There .co~el that represented General Porter on that occasion bad been satis­ is only this difference between his action and that of Porter: McClellan fied the action of thD court-martial was hasty, even though he might obeyed, but with a tardiness that rendered his obedience worthless, but not have alluded to it in his argument before that body, certainly at Porter did not even obey. some subsequent time, after all reasons of a ~litic nature for with­ But I have diverged from the line of my argument. I say at the time holding criticism -upon the actions of this board had disappeared, he of the convening of this court-martial the exeitement had subsided, the would have made this charge, and not have left it to be disco,·ered for Northern invasion of Lee had been checkmated, the capital was safe, the first time fi.fte~n years after the dissolution of this court-martial by and the old line of the Rappahannock re-established. But it is urged the friends of his client. these men composing this court-martial were unconsciously influenced But what were the opportunities for a careful examination of the by the power of the war administration and thedesiretocourtitsfavor. question at issue by this court-martial? It must be conceded these "1\lark, how plain a tale shall put that etatement down." Hunter <>pportunities were of the very highest order; the occurrences that bad and Hitchcock and Casey and Buford were ''in the sere and yellow taken place on the 27th, 28th, 29th, and 30th days of August were leaf" of life; too old to reasonably expecttoobtaini.'mportantcommands. fresh in the memory of the living. Not only fresh in the memory of King resigned his commission in the Army and resumed his duties as those who were opposed to General Porter, who had not been connected minister to Rome. Not one of this body received promotion afterward, with him in the Army, and who at that time believed him to have been save such as they would have received by reason of regular succession, guilty of disobedience to orders, but.they were also fresh in the minds except General Prentiss, and he won his honors not by his conduct as a .of his friends and the generals who were commanding divisions in his member of this court-martial, but by his well-oonducted defense of He­ -corps, as well as the colonels of his regiments, the captains of his com­ lena, Ark., July 4, 1863. panies, and the privates who marched in the ranks. It has been as­ What is there, then, that can truthfully be charged against the mem­ -serted here-and I am not prepared to contradict it-by the distinguished bers of this court-martial that ~ weaken the weight that should be -ge.ntleman from New York that not a single soldier who served in given to their decision? That they were honest and capable is practi­ Fit&-John Porter's corps on those disastrous days but what to-day be­ cally conceded. · That they were free from bias and prejudice has been lieves him to have been unjustly condemned. Be it so, concede it all, shown. That they acted deliberately, and decided after full, fair, and and what d~ it argue? It argues simply that every one of his corps careful investigation, must also be conceded. That their opportunities <>f eight thousand mln were friends .of his then, believed in him then, to ascertain the truth were ample, and that they improved them is be­ .and it there was a single circumstance or a single iota of evidence that yond question. Apply every human test, and each and all :;Lffirm the would be favorable to the acquittal of their honored and loved chief judgment. It was right in 1863 a11d it is right now. It was just them; they would not have withheld it from this (:ourt-martial. So that it is just now. ~very single fact known in his favor we may reasonably assume was Opinions of men who knew nothing of the cil:cumstances at the time presented to this court-martial, and was faithfully and carefully con­ may change. sidered by them. It was stated in the opening argument of the gentleman from New In addition to this, all this evidence was accessible at the time. This York [1\Ir. SLOCUM] that e\ery one of the men of Porter's corps believes -court-martial held its meetings at such a convenient place to the army him innocent. I thought the statement an extravagant one at the time; that there was no difficulty in General Porter obtaining evidence of every a conclu.~ion prompted by sympathy and long friendship, and not based man connected with his corps before that court-martial, and every op- upon reliable information. 1884. CONGRESSIONAL RECORD-HOUSE. 833

The statements of the gentleman from Maine [Mr. BoUTELLE], as passed beyond the scope of human ambition and are contemplating the coming fresh from some of Porter's men in that State, show how nearly ena of their lives. The discussion in relation to the case of General Por­ correct was my judgment of that statement. Not only this, 1\Ir. Chair­ ter has been going on for years. The .attention of these men has been man, but I have also what I think to be reliable information! that one called to it, and to the allegation by him and friends that the court­ of the 'men who commanded a division of Porter's corps during these martial which tried him had rendered against him an unjust judgment. last days of August, 1862, has disclosed within a few dafS his belief in No pride of opinion could prevent these aged veterans now from ac­ the justice of the decision of the court-martial. knowledging the error of their j:udgment, and thus, in tbeif declining But concede the correctness of the claim made by the gentleman from years, doing justice to the man whom they had innocently ~onged, if New York, and I meet it with the statement that everyman who served they believed in the least he had been wronged by their judgment; but in Sigel's corps and McDowell's corps and Heintzelman's corps upon yet there has not been one single word or syllable from any member of the 28th and 29th of August, 1862, has an abiding faith and belief in this court-martial w bien would lead us to believe that any single one of the justness of the verdict rendered. Ay, more than this; they believe that distinguished body ever changed his judgment; on the other hand, firmly the judgment of that court-martial to have been one of much by their silence upon this question we must infer they are satisfied with more mercy than was deserved. I speak thus with no harsh feeling, their decision, and feel, even in the e\ening of life, no injustice has been and with the full belief that I am voicing the sentiments and present done to General Porter. feeling of the men who fought under those various leaders upon those I will not detain the committee by going into a detailed discussion eventful days. of the evide:nce in the case. Every phase of it has been ably and fully In additiol)- to all of this, there was a history connected with the war discussed, but I stand by the decision of that court-martial. I believe which may be called an unwritten history; it was the history of the its judgment was correct. If this bill was an appeal of a penitent man camp-fire. It was a history not found in the historical works of the for mercy, I might look at it differently, but the friends of the measure rebellion, but a history, nevertheless, as deeply and as strongly im­ upon the floor of this House demand its passage, not as an act of mercy, pressed upon the mindofthe subordinate as the history that was made but as an aet of justice. To this claim I can not give my assent. It by the ~enerals at the various headquarters, and by correspondents of is trne that Porter's head. is covered with the snow that never melts, the press who always obtained their information at those headquar­ but I remember also that there are other heads covered with gray hairs: ters. This history of the camp-fire, repeated after the day's battle or mothers whose boys died because Porter disobeyed orders ; wives march had ended, in occurrences coming within the range of the obser­ whose husbands died because Porter allowed his hatred for Pope and vation of the soldiers in the ranks, was many times even more correct his love for McClellan to eclipse his love for his country. With the than that obtained by the press correspondents at the headquarters vision of these gray hairs impressed upon my mind I may forgive, but 1 tent. And I assert that this unwritten history, impressed upon the I wiU not forget. ' May my right hand forget its cunning and my mind of almost every soldier in Sigel's and McDowell's commands im­ tongue cleave to the roof of my mouth'' if I ever forget the dead hero mediately after this series of battles whiclr culminated in the second or his living relation and join in this action with unseemly haste tore­ Bull Run disaster but confirms in every particular the correctness of place the stars upon the shoulders of a disobedient general. the judgment of this court-martial. On the night ofthe 28th the un­ [Here the hammer fell.] written history of the camp-fire declared the corps of Porter to be near The CHAIRMAN. The gentleman from Alabama [Mr. OATES J asks at hand. Many troops of the Army of Virginia and the old Army of leave to print in the RECORD some remarks on this bill. The Chair the Potomac had never met, and the circumstance of the Army of Vir­ hears no objection. [See Appendix. J ginia being re-enforced by one of the finest corps of the old Army of Mr. CALKINS. I wish to offer an amendment but not to discuss it. the Potomac was an important one, and was freely and fully commented The CHAIRMAN. One amendment is pending. upon around the ca.mp-fire. It was understood on the night of the 28th l\Ir. CALKINS. I desire to• offer this as a substitute for the bill. that the assistance of this valuable ally might be relied upon and could The CHAIRMAN. It may be offered now, but it can not be voted be confidently expected during the apprehended engagement on the on until after the amendment of the gentleman from Indiana [Mr. 29th, and tbe inquiry upon the day of the 29th, during much fighting, STEELE]. was frequently made in the ranks and by the line officers, Where is Mr. CALKINS. I do not wish it to be voted on now, but only to be Fitz-John Porter's corps? Why do we not hear from them? Every considered pending as a substitute. single impression created by that unwrittenhistory and revived in the The CHAIRMAN. Does the gentleman wish to have it read now? recollections oitbe soldier ofto-day by the incidents connected with his Mr. CALKINS. No, sir; I do not wish the reading to occupy the company or his regiment as brought out in this discussion simply con­ time limited for the five-minute debate. :fi.rmi the belief in the justice of the finding of this court-martial. l\Ir. ROBINSON, of Ohio. Mr. Chairman, I shall occupy but a few It is idle t.o argue that Fitz-John Porter did not disobey orders, be­ moments. I merely wish to enter my protest against the passage of cause it is conteded by his friends that he failed to obey; but it is urged this bill. It was my fortune to bear an humble part in the campaign by way of a plea of confession and avoidance, that although he did not now in question. I commanded the rear guard from Robinson's River obey the order; he was justified in not obeying it; and however elo­ to the battlefield. I marched all night with my men on the nights of quent the appeals of his defenders may be, however logieal their argu­ the 25th, 26th, and the 28th of August. I say t:tten that it is childish ments may be, they all fall to the ground and become truly futile when for men here on the floor of this House to say tliat it was impossible ' they seek to contradict a fact which every soldier connected with the for Fitz-John Porter to march his command on the night of the 28th. Army of Virginia at that time knew to be a fact. It is idle to talk The night was dark, it is true, but a good portion of Sigel's troops about the darkness ofthenight as an excuse for not marching, because marched that night, a large portion of .McDowell's troops marched that there are soldiers of the Army of Virginia upon this floor who know night, and if Fitz-John Porter had seen proper to have carried out that they did march that night, and the faet that they did march upon that order he could have marched his oommand too. It would have been night is a complete refutation of the paltry excuse presented by Porter an easy matter. I appeal to my friend from New York [General SLo­ and big friends. In addition to that, there was no rain, as all will re­ CUM,] the author of this bill, and ask him the question how such an member who remember anything about the night of the 27th. The excuse as that would have been received by him wlien he commanded rain came after the battle, on the night of the 30th, after the disaster; the left vGng of the army in Georgia? I venture to assert that the of­ and how many there are who know that thenightofthe30th was pitch ficer who sent such an excuse and who refused to obey his commands darkness compared with the nights of the 27th and 28th. Not only would have been dismissed from the service at once for disobedience of was it dark, but a constant rain was falling, and yet troop . marched orders. Now, gentlemen, the truth of the matter is that Fitz-Jobn that night. They marched to Centreville; they mar~hed in the direc­ Porter did not move his troops for eight hours on that day; that he tion of Washington; they marched, as we suppo Qd then, to · the pro­ lay all day within the sound of the cannon. At 12 o'clock on the 29th tection of the capital, which was at the mertty of the confederate vic­ of August, GeneraJ. Sigel sent a letter to General Kearny informing torious hosts, as many believed at that time. They not only marched him tl~at it was impossible for Longstreet to arrive upon the field that night, but they fought that.night; and certainly if troops could with his command that afternoon, and urging him to swing in on his march and fight when the night was dark and rainy, Fitz-Jobn Porter right and make an attack at once. And he also in that letter requested with his corps could have marched when he had but the darkness with General Kearny to inform Generall\IcDowell of that fact. Now, gen­ which to contend. tlemen, it is true that General Longstreet did not arrive there until the We have E~hown, then, that this court-martial was comppsed of men of afternoon ofthe 29th; and all ofthatafternoon, all that day, while the the highest order of intelligence· and experience; that they were men enemy's guns were heard in the distance, Fitz-Jobn Porter did not move whose motives had never been impeached, whose conduct in the man­ his command. What was Fitz-Jobn Porter there for, if not to fight? agementofthis case and the decision rendered has not been criticised, and What was he doing there? I ask the questiQD., Why did he hold in re­ whose opportunities for a full, fair, and impartial investigation were such serve twelve thousand troops? Ah! my friends, the answer is palpable as could not be excelled by any subsequent board or body of men that to all who know the facts. These differences had grown up at West eould be organized to consider the same case. In addition to this three Point. There was a difference that bad grown up in the old Army be­ <>f this court-martial are still living. They are old men to-day. They tween those officers which is the nucleus of that question. are men still of high character, of undoubted integrity, and, by reason Mr. CUTCHEON. 1\fr. Chairman, I propose a further amendment of their age, can not expect to engage longer to any great extent in to the bill by striking out the words, in lines 8 and 9, ''together with all the conflicts of life. In short, by reason ·of their age these men have the rights, titles, and privileges,'·' &c. XV-53 834 CONGRESSIONAL RECORD-HOUSE. .lfEBRUA.RY 1,

I think the bill will be more perfect withon.t that. That won.ld leave The CHAIRMAN. The gentlemen from Indiana [Mr. CALKINS] the bill simply to restore him­ has sent an amendment to the Clerk's desk which will next be reported. t"() the position of colonel in the Army of the Unit~d States, of the same grade The Clerk read as follows: and rank held by him at the time of his dismissal from the Army by sentence Strike out all after the enacting clause and insert: of cou~martial promulgated January Z7, 1863, &c. "That the President of the United States shall have the power to convene a. These are the words of the bill as it would read if amended. Now, general·court-martial, consisting of seven general officers not below the rank of brigadier-general, at such timtt as he may see fit;, who shall have power tore­ General Porter held in addition to that the rank of major-general of try the case of Fitz...John Porter. volu.ntee~. I do not understand that it is proposed by anybody here "The said court-martial shall consider the evidence originally introduced be­ to restore him to the grade and rank of major-general-of volu.nteers. fore the court-martial and such other testimony as the said Fitz-John Porter may produce, and likewise such other testimony as the United States may pro· .AB the bill now reads without the amendment I have suggested it duce. won.ld restore him to that rank and grade. ''The said court-martial hereby authorized shall have all the powers of a gen­ Now I have a word to say by way of reply to the remarks of the eral court-martial. ''The Judge-Advocate-General of the Army shall attend at the trial on t,he part gentle~an from California, I believe. He seems to be exceedingly anx­ of the Government, assisted by one counsel from civil life to be selected by ious lest I have not sufficient reverence and respect for my great leader, him. General Grant. I want to say to that gentleman, and I want to say "Said court-martial shall find and report whether in their judgment the said findings and judgment of said original court-martial ought to stand, and make to every gentleman on that side of the House, that I believe I love and such other recommendations as to it shall be deemed best. venerate General Grant better than any man on that siie ever has or "~aid court-martial shall sit with open doors and their proceedings shall be dares to do. [Applause on the Republican side.] public." I followed General Grant in the Vicksburg campaign when Pember­ The amendment was not agreed to. ton surrendered. I followed him on the bloody field of the Wilderness. Mr. CONVERSE. I move to amend the bill by striking out the I shed my blood on the field at SpottsylvaniaCourt-House. I followed words in line 12 "in his discretion;" the object being to make the him into the smoking hell of the Crater at Petersburg. And I yield to retirement compulsory in case Porter is restored. no manupon this floor or anywhere else in my.appreciation, my honor, :md Mr. KEIFER. That is not debatable. devotion to the military genius and statesmanship and the unequaled The CHAIRMAN. It is not debatable. The amendment will be patriotism of General Grant. [Applause on the Republican §ide.] read. When General Grant first ran for the Presidency of the United States The Clerk read as follows: I had the honor to be one of the Presidential electors of the State of In line 12 strike out the words " in his discretion;" so that it will read : Michigan. This right hand wrote every ballot that was cast for him "That the President be, and he is hereby,authol'Ized to nominate and, by and in that college; this right hand wrote the report of the electoral col­ with the advice and consent of the Senate;to appoint Fitz-John Porter, late a. lege of 1868. Again and again I have followed him upon the battle­ major-general of the Unit~d States volunteers and a brevet brigadier-general and colonel of the Army, to. the position of colonel in the Army of the United field. Again and again I have followed him in the affairs of State, al­ States, of the same grade and rank, together with all the rights, title , and priv­ ways to honor him, never to traduce him or detract from his honor. ileges held by him at the t.ime of his dismissal from the Army by sentence of And yet General Grant is a man like ourselves, a man with like pas­ court-martial promulgated January '1:1, 1863, and to place him on the retired-list sions, a man with all the feelings of humanity. He is a man with like of the Army as of that grade," &c. motives, a man influenced by the same incentives as ourselves, and I M.r. SLOCUM. I accept that amendment. but simply called the attention of this House and the cou.ntry to the Several members called for a division. fact that a certain collocation of circumstances had conspired to defame The committee divided; and there were-ayes 137, noes 59. him. I call attention to the fact that for eighteen years, when in>oked in So the amendment was agreed to. his official capacity to undo the injustlce alleged to have been done to Mr. CUTCHEON. I now ask a vote on my amendment. Fitz-John Porter, he was silent and declined. But in another epoch, The CHAIRMAN. The Clerk will report the amendment. sn.rrou.nded by circumstances u.nexplained by anything which appeared The Clerk read as follows: in this record, he reversed his opinion. In lines 8 and 9 strike out the words "together with all the rights, titles, and Now, just one word in reply to my friend from Nebraska. privileges; " so that it will read: Mr. HENLEY rose. "That the President be, and he is hereby, authorized to nominate and, by and · ld. 0 d · 1 to with the advice and consent of the Senate, to appoint Fitz-John Porter, late a. Mr· CUTCHEON· I d 0 not yte ne wor m rep Y my young major-general of the United States volunteers and a. brevet brigadier-general friend from Nebraska [Mr. LAIRD]. !honor his devotion to his leader. and colonel of the Army, to the position of colonel in the Army of the United I honor the enthusiasm with which he advocates his old corps com- States, of the same grade and rank held by him at the time of his dismissal from mander. Bn.t, :Mr. Chairman, my friend from Nebraska speaks as most the Army," &c. men have· spoken on that side of t,he question. He speaks from his The question being taken, there were-ayes 71, noes 142. heart, and not from his head or his judgment. In that campaign he So the amendment was not agreed to. was a boy of thirteen, and with the enthusiasm of a boy of thirteen he Mr. SLOCUM. I move that the committee rise and report the bill followed the flag of his leader; and he gives us here to-day the outcome to the House. oftlie judgment of i boy of thirteen, and not that of his mature years. The CHAIRMAN. In absence of objection the preamble will be Mr. HENLEY. ~he ge)ltleman from :Michigan [Mr. CUTCHEON] considered as agreed to. , leaves the members on this side of the House somewhat in a condition There was no objection. of embarrassment. I want tol know, if all this which he said about The motion of Mr. SLOCUM was agreed to. General Grant is~~~ why he struck it out of the RECORD. [Applause · The committee accordingly rose; and the Speaker having resumed the on the Democratic side.] . chair, Mr. SPRINGER reported that the Committee of the Whole House . Mr. CUTC~O~. If a gentlt!man who got the floor on thi~ ques- had had under consideration the bill (H. R.1015) for the relief ofFitz­ tion by pledgmg hl1Il8elf to the House that he was to speak agamst the John Porter and had directed him to report back the same with amend- amendment of the gentleman from Nebraska and then never uttered a ments. ' word on that amendment-if that gentleman is entitled to an answer Mr. SLOCUM. I demand the previous question on the emrrossment I wi,ll a~wer him. . I left that o"';lt of the RECORD simp\y b~cal!se I and third reaiing of the bill. _ ' b had a mmd to lea':'e It on.~. [Irorucal cheers on the Democrati~ s1de.] The SPEAKER. The amendment must be first disposed of. The An~ furthermore, m my JUdgment, the RECORD as amended said all I queition is first on agreeing to the amendment, which will be read. desrred to say. The Clerk read the amendment, as follows: - The CHAIRMAN. By order of the House all debate on this bill is In line 12, strike out the words "in his discretion." closed. The gentleman from Indiana [Mr. STEELE] bas offered an amendment which will be the first voted upon.. The Clerk will re­ 1\Ir. SLOCUM. I believe that amendment endangers the bill, and I port it. ask the House not to agree to it. The Clerk read 1\fr. STEELE'S proposed amendment, as follows: 1\Ir. CONVERSE. I desire to ~e a suggestion or two abon.t that In line 5 strike out the words " Fitz...J ohn Porter" and insert the words" Ward amendment. B. Burnett." Mr. MAGINNIS. Is debate in order~ In the same line strike out the word " major " and insert "brigadier." The SPEAKER. The gentleman from New York [1\Ir. SLOCUM] In line 6 strike out the words "and a brevet brigadier-general " ~nd the word "colonel" and insert the words" a lieutenant." demanded the previous question on the engrossment and third reading And in line 8 strike out the words " of the same grade and rank, together with of tbe bill, but the bill had not then reached that stage. all the rights, titles, and privileges held by him at the time of his dismissal from the Army by sentence of court-martial promulgated January 27, 1863." i\Ir. CONVERSE. I understand that the friends of General Porttr So that it will read : • expect that he will be plaeed on t"4e retired-list if restored to the Army. "That the President be, and he is hereby, authorized to nominate and, by and The object of this amendment, as I understand it, is to make that com­ with the advice and consent of the Senate, to appoint-Ward B. Burnett, late a. brigadier-general of the United States volunteers and a lieutenant of the Army, pulsory; that if he is restored he shall be placed on the retired-list. to tbe position of colonel in the Army of the United States, and, in his discretion, Now, there are persons, myself among the number, who believe it to place him on the retired-list of the Army as of that grade, the retired-list being would not be right to place General Porter over men who ha-ve been thereby increased in number to that extent, and all laws and parts of laws in con­ tlict herewith are suspended for this purpose only; but this act shall net be con­ serving in the Army now for twenty years while he has been on.tofit, strued as authorizing pay, compensation, or allowance prior to the passage of this though we are entirely willing to restore him so far as we can. For act." one I am unwilling to pu.nish those who have been in ~he Army and The amendment was not agreed to. have be¥1 rendering service twenty yea.:rs while he has been out of it. 1884. CONGRESSIONAL RECORD-HOUSE. 835

Mr. MAGINNIS. The friends of General Porter are willing to leave between the capital and the country at large. Being at that time the that matter to the discretion of the President of the United States. executive of Pennsylvania, from necessity I depended much upon the Mr. SLOCUM. Then vote down the amendment. military judgment sent to assisb me. Fitz-John Porter was the most The question was taken upon the amendment, and it was not agreed enlightened, most sleeplessly vigilant and ardent advocate of immediate to; there being, op a division-ayes 80, noes 134. military discipline, of the levying of troops, and the enforcement of obe­ The next runendment from the Committee of the Whole Ho~e was, dience to the law that came to me through that long struggle. in line 17 of the printed bill to strike out the words "appointment - N

836 CONGRESSIONAL RECORD- HOUSE. FEBRUARY 1,

the order of the President; left the Army of West Virginia, where he cal affai.J.'S. That is the teaching of history in all the past; you can had won honor and fame, and not a laurel that be there won ever faded not separate passion, prejudice, ambition, and the hope of power from when placed on the brow of our colleague General ROSECRANS, who the politics of to-day; and if that philosophy be correct, it is demon­ succeeded him in command. [Appln.use.] strated in the unseemly and unjust opposition to the gentleman who is General :McClellan gave to the Army a perfect organization; all the to be restored to citizenship by this bill. I could not im,Prove on what appliances necessary to make it efficient or to give as large a share of has been so well said in the history of this battle in marshaling the comfort to the men as is possible to give to troops in the field. He facts by my colle3.ooue [~Ir. BAYNE], who was a oldier in the war and made his plan for the campaign of the coming season. That plan surely has a right to be beard in the defense of a soldier's honor. has received the approbation of the military minds of this and foreign And who upon this floor who listened impartially to the presentation countries. He proposed to transport the 1'trger part of his army by of this case by the gentleman from New York [l\1r. RAY], who also was water and to approach by the long line of the triangle to Richmond by a soldier in the late war, or by the enthusiastic gentleman from N e­ way df the Pen!nsula. McDowell, with an army numbering more than braska [Mr. LAIRD], whose opinion should not be taken because be forty-five thousand men, under this plan of the campaign was to ap­ was only thirteen years old according to the representations of one gen­ proach Richmond from Washington or its defenses by the short line of tleman when he enlisted in the service and served as a private soldier, the triangle. but whose services were welcome even at that tender age. I taket.heir When Genernl McClellan had transported his army to the Peninsula history of this battle and their solution of the orders given to General and had commenced his approach, Stonewall Jackson, perhaps the most Porter, and accept the speeeh of the gentleman from New Jersey [Mr. enterprising and energetic general of the confederate army, dashed into PHELPS], so remarkable "in the clearness of its logic and the beauty of the Shenandoah Valley, attacked in detail three armies commanded by its diction, that when-the distinguished gentleman closed General Fitz­ improvised generals put there by the Government, d:efeated tllem, and John Porter would have been vindicated by acclamation by all the after those triumphs be returned· by rapid marches, placed his forces people of the country if present. [Applause.] again in the army commanded by General Lee, and took part in the bat­ Itis saidFitz-John Porterwas slowtoobeyorders. General Thomas tle of Gaines's .Mill, where General Fitz-Jobn Porter was in supreme was slow, and the gentleman from Michigan, if he did not know it at command; thE~ very gentleman who is to be the beneficiary of the legis­ the time, must well know now that there was a clamor against General lation now prGposed. Unfortunately for this country, unfortunately Thomas because of his tardy movements in Tennessee. .Stalwart, stur­ for the Government at 'V ashington, still more unfortunately for those dy, brave Thomas drew his enemy to the place where in the plan of who contended against the Government, McDowell's forces were with­ his campaign he intended to offer him battle. The newspapers clam­ drawn into the defenses at Washington, though that officer declared at ored that Thomas was not fit to command the army. He was super­ the time that he should proceed toward Richmond, as all the army seded and the commission was on its way to the hands of another gen­ down in the Shenandoah Valley and General Jackson had returned to eral to take command in his stead. General Grant himself was about the army of General Lee. . to leave and take command in person when the news was proclaimed It is quite unnecessary for me to say that Richmond did not fall, and to the country that General Thomas had met his enemy and destroyed it is a historical fact that up to the time they received the newspapers the army in a single · terrible battle, and General Thomas went to his of the North announcing that McDowell's force was not to march in grave and left a sweet memory behind him as one of the bravest and the direction of Richmond the confederate government scarcely ex­ grandest men that ever served in that or any other war. [Applause.] pected to hold t.he city and were prepared to leave. When they re­ If General Thomas had been superseded, or if he had taken the direc­ ceived U!.erumal notice through thepapers ofthe Northofthisunfortu­ tion of the Government and had forced a battle before be was prepared, nateactionof the authorities at Washington tbeyfeltthey were safe. To he too would have been condemned. Why, gentlemen must not forget say theleastofit, thatwasagravemistakeon thepartoftheGovernment that in the very beginning of the war it was said, semi-officially if not here, to i.p.trust a general with the 'command of armies, and then, after officially, when another great general demanded two hundred and:fi..fty full knowledge of the plans by which he intended to conduct his cam­ thousand men for service in theWest, that he was crazy, absolutely crazy. paign, to withold his right arm when be intended to strike a blow at The first time I ever beard of General Sherman as distinguished, the an­ the enemy which might be fatal; and yet, sir, no one then charged and nouncement was accompanied by the assertion that he was a crazy man, no one now charges the living or the dead with infidelity or disloyalty. and it was said that he was demanding more troops than it was ex­ Mr. Speaker, domes~c war in this country was unexpected; it was pected the Government could possibly need to suppress insurrection sudden in its opening; it was new to our people and our Government; and compel obedience to the law. They said no sane man could ask and I am not here to charge disloyalty upon those who in their igno­ so large an army as two hundred and :fifty thousand men; but before the rance made gro s mistakes. When the Army returned from Virginia war closed the Government had nearly one million one hundred thousand it was necessary that public sentiment should be settled in some way, men in the field. And before the war was over many true and good so M, if possible, to relieve the Government of any charge of incompe- men wished that that craze of Sherman bad extended to some other . tency to conduct its affairs to success, especially as the chief duty of generals who commanded troops. tho e intrusted to its administration was to conduct a great war; so Gentlemen on the other side now say Sherman was a grand old man. McClellan was said to be tardy by some, t() be incompetent, and it was Well, that is true. He served with much distinction at Vicksburg, even said at the time, and not in whispers, that he was disloyal, and he and in long marches through Uississippi, and in his approach to At­ was removed from his command of the Army. The generous public lanta against one of the most experienced and skilled military men of accepted the action as proper, and the people of this country once more this or any other country [Jos. E. Johnston], and with what courage renewed their fidelity to the Government and their disposition to sup­ he then swung off and made his romantic march to the sea and then port the citizens intrusted with its administration. conquered the coast by the reverse. .After all, 1\Ir. Speaker, if the Geneml Pope was then placed jncommandoftbe army. He came from Government was correct in saying that General Sherman was crazy in theWest; his proclamations glittered with generalities and rattled with the beginning of the war, there is a consolation in feeling hopeful that brilliant rhetoric. [Laughter and applause.] I remember to have read we may be supplied hereafter with more generals a:ffiicted with the them all at the time, and have no recolle!!tion of any other such produc­ same disease. [Laughter and applause.] tions in the history of peace or war. [Laughter.] If not as logical, When Grant assailed Cold Harbor, a fottifi.ed line, and his army lost they were even more brilliant and beautiful th:m the rhetoric of the ten thousand men and the enemy not more than five hundred,"and gentlemen who stand here on this floor to defend him and to accuse when the army positively declined to make another assault, no one ac­ General Porter. [Renewed ln.ughter.] General Pope scorned the com­ cused him of being a traitor. No one ever mentioned such an insinua­ forts of hotels or boarding-houses or cabins or tents, and P,roclaimed his tion or made such a suggestion. It was more wood to the fire, more headquarters to be ii;l the saddle. [Renewed applause.] men to the front, more vigor and more power at the North to compel At the time all this occurred the American people glowed with the obedience to the law. General Porter could not expect to avoid his expectation of seeing a brilliant military meteor come from the West share of trouble, and nctims were required there, just because the fail­ who would lead the army to quick and rapid success and thus make a ure of McClellan's campaign, broken up by the council at Washington, contrast totbemantbeycalled "Tardy McClellan." Now, Mr. Speaker, had to be explained. That was all. I will not fight the battle of Bull Run over again; that has been done Now, lli. Speaker, if General Porterviolatedorders, if be did what often enough on this floor, and it is enough for me to say that the Army was alle~ed or charged against him, if he treated with disrespect or suffered defeat, and that the President of the United States in person contempt General Pope, who was in supreme command, let me say that asked McClellan to resume the command again. I repeat, ]')fr. Speaker, General Pope ought to have known and did know, and it is alleged on that I will not fight tl!at battle over again which terminated so disas­ this floor that he knew, that General Porter bad disobeyed orders on the trously and led the President once more to place General McClellan in 27th of August, 1862, and then and there Gen~ral Pope should have command, and really I must doubt whether the history of that battle arrested him. He had the power and that was his d'uty. He should has been much improved by gentlemen on the other side, and I am have taken from General Porter's shoulder the insignia of his rank and forced to say, without intending any disrespect to any of my colleagues the sword from his side. He should have done just what Washington or gentlemen on this floor, that some of the newspaper correspondents did with Lee at Monmouth on the field or what Sheridan did with gave atthetime quite asgoodanaccount ofthatbattle asbasbeen given Warren at the Five Fork&. in this discussion with so much deliberation and which seems to be in­ The history of war is full of e>ents of this character, where military spired by distrust and hatred growing out of politics. men have been degraded on the field by their superiors, and no one on Mr. Speaker, human passions are the principal agencies in all politi- this floor will attempt to deny in his opposition to this bill that Pope 1884. CONGRESSIONAL RECORD-HOUSE. 837 .. knew, as they allege, that Porter disobeyed orders on the 27th, and tions from Washington, sat down with his army at Falmouth and waited that he was in his command on the 28th and 29th, and fought in Pope's until the enemy erected batteries on the other side of the river to re­ presence on the 30th under .his command. And yet, in the exercise of ceive him, and then threw his army across, not to a battle, but to a his power as commander of the army, he could have placed his subor- slaughter; and it is remarkable and may be regarded as one of the for­ dinate officer under immediate arrest, and in irons if necessary. Ac- tunate events of the war that one single man of that army ever returned. cepting, therefore, as settled by the admissions on both sides that Gen- Twenty-three thousand remained on the other side or were carried era! Pope knew at the time that Porter bad disobeyed his orders and back wounded. General Burnside accepted the situation and declared caused a disaster to his army, it is not unjust to say that with all that his unfitness to command so large an army, and I utter no disrespect to knowledge if be then believed it and did not put him under arrest be his memory (for he was an excellent soldier and a loyal, true man) when was unfit to command the army, and if Pope believ-ed that Porter was I say that the country accepted his declaration as true. a traitor to him or his country or bad disobeyed orders, it is most re- Of course General Burnside retired .from the command of that great markable that he continued to command him and witness his active army, and General Halleck, who was here at the capi_tal, assumed, in struggles a few days afterward to arrest the progress of the enemy to- connection with the Secretary of War and the counsels surrounding him, ward the capital of his country. to direct the movements of the Army from the capital. What effect can · The army that had fallen to pieces under the command of General it have upon this case to repe&t so often·the story of the battle of Ma­ Pope, and the disorganization of which terminated his military career rengo, as it is done in very florid language by the gentlemen opposed in the East, was taken by McClellan, at the request of the President of to this bill? Marengo has been rehashed and served up to this House the United Statas, and reorganized. The army was marched under three times. I propose to turn the a~ntion of this House to the con- 1\IcClel.lau's command to South :Mountain, fought a battle there, and a dition of affairs some time before the battle of Marengo, and may find little later fought the battle of Antietam, and surely the gentlemen on better illustration of the reasons of failure here. Frederick the Great the other side know the historical fact that the battle of Antietam pro- had changed the military system of the world once more. Armies op­ duced your freedom proclamation. President Lincoln wrote the free- erated in straight lines or angles and lines of fortifications, and in a dom proclamation at the Soldiers' Home during the summer. He pro- system of warfare thus to be conducted on scientific principle there was duced it to his Cabinet early in the month of September or late in Au- always the presence of the quartermaster and commissary supplies in gust, and at the time "said he was responsible for the act, as it gives abundance; operating, as it was termed, from a base. the policy to the war,'' and declared that be did not hold any member In Austria the aulic couneil was established, and that body bad of the Cabinet responsible. He did not ask their opinions of the policy charge of the military affairs of the empire and directed and controlled of the proclamation, but said that he would receive suggestions as to the movements of troops in the field. They directed the number of the change of words or sentences, and very few if any were made. men, and on tlleir maps in their council they moved armies at a dis- One or two suggestions were made by Secretary Chase, who was then tance from the capital, and an officer in command of an army of Austria Secretary of the Treasury, but Mr. Seward said: "While we accept the at that time who violated the orders of the aulic council was in dan­ conclusion of the President, I would suggest that he had better wait for ger of losing his bead, and certainly his command. We imitated that a military success;" and that caused the great President to pause and council here in Washington, and it is neitberunreasonablenor unjust, hesitate, and after Antietam, regarding that battle as a military sue- but faithful to the truth of history, to say that most of our disasters cess, the proclamation was issued. The battle occurred on the 17th resulted from the fact that the movements of the armies were directed of September and the proclamation was issued on the 22d. General from this center, and not by the will or plans of the generals in com­ Porter remained in command with General McClellan, and was in the mand in the field. engagements to which I have just referred. After the bllttle of An- In the beginning of the French revolution the Austrians sent three tietam General McClellan was removed from the command of the army, armies into Italy, commanded by well-trained soldiers, each one being and his removal was disapproved bytbeinassesoftheAmericanpeople. directed where be was to move his armies, where he was to get his No man during all the war, commanding troops in the service Qf the means of supply, on what lines and angles he should move-positiYe Federal Government, had the confidence of the officers and soldiers that directions as to their future action. The French people, at that time General McClellan had inspired. All who lived at the time or have in the throes of a fearful revolution, had broken down absolute power, read honestly know that truth. And so great was the disappointment had crushed the remnants of feudalism and vassalage into the earth, at his removal that there was even danger of insubordination. and in their attempt to ga,in freedom and to vindicate the rights of hu- Tbe removal of General McClellan disturbed th~ country seriously, manity they incurred the hostility of all the centralized gov-ernments and General Pope having failed to put General Porter under arrestim- of Europe. A man suddenly appeared in the field. Educated as a mediately, the public sentiment was well known and demonstrative soldier, he had attained some distinction as a subordinate officer at Ton­ that something bad occurred that was improper, and public sentiment Ion and bad quelled insurrection at Paris. He came from the people, bad to be relieved once more by some positive action on the part of the and defying low birth and iron fortune, became a captain of men. He Government, andsoGeneralPorter was accused. The careeroftbeman led thirty-five thousand ill-fed, ragged Frenchmen, without a commis­ who had failed to put him under ,arrest, and who was heralded from sary or a quartermaster department at all, and inspired by the love of the West as a gentleman who had large military experience, who bad liberty he dasbeJ inside the scientific lines of the Austrians and de­ earned success in battles on the Western ri_vers, and from whose future stroyed three armies, either of them of superior force to his own, con­ military service the country expected so _much, ended in disappoint- quered Italy, humiliated the Austrian Government, and took and de­ ment. I have beard much said here of the wonderful military genius stroyed the council. And if Napoleon Bonaparte bad died then he of General Pope. Gentlemen who say they knew hi.m intimately speak would have left a better memory behind than after his ampition robbed of his early promise, of his services in the war with Mexico, and his him of his patriotism. [Laughter. J successes in his various commands in the armies during the war of the I say he not only destroyed their armies and gave freedom to Italy, rebellion; and then the rberoric of his proclamation was quite in bar- but he took the council. There was the result of an attempt to control mony with the declaration of his friends in their opposition to this bill. . armies from the central government, and it would certainly have been Forced into the war, Mr. Speaker, and holding an official position as well for our country if our Central Government had taken counsel where it became my duty to offer all the moral and physical powers from such a result, as history is philosophy teaching by example. of a great State to the defense of the Government, surely I desired it When General Grant came to Washington he was put in supreme com­ to terminate, and with a view to that it is not improper for me to say mand of all the armies of the Republic, and the counsels at Washington here at this time that after the di.~ters of Bull Run anduntil a few ceased ro control. From the day Grant was put in command no mil­ days after the close of Antietam the great State of Pennsylvania con- itary disasters occurred. The armies were successful, as these gentle­ tributed ro the service of the Government more than thirty thousand men who surround me, and who served in the army of the confederate men. There was no disaster to our armies during the war which caused states, so fully understand. It is said that Grant's testimony is not to greater distress than that at Manassas and Bull Run. Indeed, for a be taken in its full force because, as I understand the allegation, he time strong, faithful, and loyal men hesitated as to the future, and it was charged the other day in this House with some kind of under­ required the recall of McClellan and his restoration to an army he had standing that he was to be promoted in rank and thus retired, and his I so long commanded, organized, and disciplined-an army that gave advocacy of General Porter would b~ alloyed with the dross of money him their confiuence, and as an earnest to the people of the country who and the gratification of his ambition. had not lost their confidence in him to check their growing discontent. Why, Mr. Speaker, there never has been one day since I have bad So £.1>r as the State of Pennsy~vania was concerned, her people were · the honor of a seat in this House and have been allowed to vote, al­ willing to give all the material force and power of the State to sustain though opposed to General Grant politically, on which I would not the Government, but the removal of McClellan caused great disappoint- have voted to restore him ro the Army and giv-e him pay for the service ment at the time, as all know who either lived during that war or ever be bas rendered to his country. And so far from there being combi­ read its history with attention and with a disposition to judge fairly of nation on either side of the Chamber to make any O) position to such a men and events. General Burnside was placed in command when M:c- measure, I have never heard it mentioned, except by a few of the D~mo­ Clellan was removed. He is dead; but he was as kind and good-hearted cratic members that have said to me they would vote as I did in casual a man as ever lived, and I will say nothing in reproach of either the conversation. I never objected to it, and it was quite unnecessary for man or the services he rendered to his country dming his life. But he, the gentleman from Michigan [.1\fr. CUTCHEON] to say that any impres­ either acting on his own judgment or, much more likely, under instrnc- sion prevailed on this side of the House th!lt any bargain of that kind 838 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 1, had occurred. I congratulate that gentleman on his good taste in the admit that it will take a long time to blot out the effects of the war fact that he did not publish what he said in his speech. [Laughter.] even with those who were successful. We are now asked to deal with · The repentance of the man who two thousand years ago repented in his a soldier sent to West Point from Pennsylvania; a man who for twenty­ last hour was not too late, but very close on the margin. It is said by two years has suffered injustice. Yet men on the other side of the House one of the Scotch poets: turn toushereandsaythatcitizens of the United States, elected to rep­ Between the saddle and the ground, resent the people of the United States, have no right to vote on this Mercy was asked and mercy found. question and should stand aside. _ So between the time that eloquent gentleman delivered his speech and In the speech of the witty gentleman from Michigan [1\fi:. HoRR] the time the printer put it in type he repented [laughter], because he there was interpolated by another me:r;nber of the House something knows that General Grant's testimony, which is certainly the greatest aboutAgamemnonandAjax, and the Lord knows what. [Great laugh­ military authority in this country, is added to this case. Certain re­ ter.) I did not understand it then, and I fail to understand it now. mar],{s of the gentleman from Michigan [Mr. HoRR] the other uight [Renewed laughter.] But one thing we all did understand, and that were admirably replied to by the gentleman from Kentucky [Mr. WoL­ was that five minutes was put into the speech of the gentleman from FORD] to-day. That gentleman took the House by surprise by his re­ Michigan by arrangement; anybody could understand that perfectly. ply to the gentleman from Michigan. The gentleman from 1\Iichigan You are asked to deal with an American citizen, and each one of you amused the House with his grotesque wit, as he alwals does, and when here represent a part of this great country, once more united, covered by he appealed to the gentlemen on this side he said: 'You were in the the same Constitution, and with the same interest in the glories of the rebellion against this Government and have no right to vote on this mat­ Revolution and the history of our armies. Yet it was asked, it was im­ ter; for this is our business; this is our general and not yours.'' Well, pertinently asked, that you shouldstandasideandleavethisquarrel to us. sir, I do not admire any such principle, nor can I think that any logic Well, if you should leave it to the Representatives of the North, from of the American cifuM:t can reach it. I don't believe any such thing. the indications made on that side of the House I am not sure that Fitz­ If we are of any consequence here or in the family of the nation of the John Porter would lose this bill; indeed it would seem from the oppo­ world we have nationaJ.ity. sition made that the Republican members of this Hou e would not vote Twenty year3 have returned us to peace and, I pray God, to fraternity. to continue the stain upon him. The gentleman from Michigan remembers what we fought these men When I first saw Fitz-John Porter, l\Ir. Speaker, he was young; his for. It was to keep union in 1he Government. We did not desire the eye was brilliant; his hair was dark; he was the model of a young union of the States to be broken, because we thought that throughout its soldier. It was at Harrisburg at the beginning of the war when Wash­ borders its blessings and benefits could be enjoyed as a great country in­ ington was shut out from us. There were sixteen thousand militia there stead of being divided into factions and segments and subjected to that Porter desired to take to Baltimore. They were not clad, barely domestic strife. The people of the North were put in the field and armed, and no comforts for them could be improvised at the time. I can called to arms to maintain the Government, to maintain the great na­ see him now as he then presented himself when he said, ''If you will tionality, this dead-level of social equality, this grandeur of individual give me this army I will march it to Washington if! have to march over rights, this invitation to the arts of industry and thrift and virtue. the ashes of cities; but if you do not give me this army, and Washing­ We fought in order that the example we have set to all the world may ton should full, you will be responsible.'' And I yielded the force to not be broken, for, l\Ir: Speaker, six thousand years of rule of humanity his command, and he appro:whed and covered Baltimore and held all hos­ stand parallel With one hundred years of rule of this great people. Either tile movements in check in that direction, and this man is now accused the rule of six thousand years was wrong or weare wrong. There have of being a traitor who thus promptly a~ted for himself and controlleti been times in the history of humanity when there were ephemeral efforts the first movements of troops toward the capital of the country. [Great of the government ofman for himself, buttheyfailed. Thus this Gov­ applause.] ernment was framed and set up after the light and knowledge of years In the beginning of the war, when everything was disjointed and in had made this gT&'lt country the only true republican form of govern­ confusion, the newspapers of the North kept up a continuous cry of ment ever given to humanity. "On to Richmond." That was the newspaper clamor; but those who And Mr. Speaker, when thewarwas overweinvited the States tore­ were engaged in the organization of troops and in levying men for the form their governments and send their Representatives to these Halls. service learned too much of the difficulty of raising armies and the ne­ They are the peers of the gentleman from 1\Iichigan. [Applause.] cessity fot discipline to join in that cry. And those with conserva­ There is not a maimed man who fought in that unhappy war on this ti>e views during that trying period of our history knew quite well floor who is not a peer of the Speaker, the President of the United and noticed that there was always somebody betw-een our armies and States, and they are to be taken into full fellowship as a. part and parcel Richmond, and gave us great trouble before we did get there after four of the country, and I regret from my heart to hear such appeals from long years of hard :fighting. As the quota of Pennsylvania before we gentlemen representing a constituency in this Chamber. He says called out our three-years' men, twenty-three regiments were placed '' tand aside'' to American citizens. Fitz-John Porter is an American under the command of General Robert Patterson, of Philadelphia. citizen, you are American citizens! every ma,n on this floor is an Amer­ Some one to-day over on the other side spoke of General Patterson in can citizen and is nothing more, and in the morning and in the eve­ language far from complimentary of that old man, who is now in his ning we should all thank the Almighty that we are American citizens; grave. I would not mentio~ his name, as he is dead, except for there­ and ull tho e inside and outside who obey the law and stand by the Gov­ mark to which I have referred. I think it was my colleague from the ernment of this country are peers, and no more, no matter whether Schuylkill district. they are honored by official position or in the walks of private life, and Mr. BRUMM. • You are mistakffil, governor; it was not I. I bold it to be the paramount duty, as it is the right, of every member l\Ir. CURTIN. I beg my colleague's pardon. I might have been sure of this House, no matter where from or what his antecedents, to vote he could not do any such injustice as that to General Patterson's memory. on a question which involves the rights of an American man. General Patterson was a foreigner, who came to this country in his youth After the war there was a free forgiveness of tho e who differed from and made it the country of his adoption. In 1812, with a captain's us on principle, but, as we in the North believed, attempted without commission, he raised a compahy in Pennsylvania and with it marched cause to break down the Government. Why? Mr. Speaker, it was to Canada, arriving at the camp of General Scott's army at midnight. because they believed that they had just cause for resistance that pro­ The next morning be engaged in battle and served faithfully and gal­ longed the war. But for such a measure of sincerity in that belief they lantly through that war. In the beginning of the war with Mexico could never have put vast armies in the field and continued until their he was made a major-general, and as seeond in command joined Gen­ whole country was in desolation. Complaint, running through many eral Scott at Vera Cruz, engagil:tg in every battle of that war until the ye.c'lrs since the war, bas constantly been made that the South is largely fall of Mexico and the restoration oJ peace. represented on this floor by soldiers and brigadiers, as they are gener­ When the late civil war commenced he was put in command of a dis­ ally called. I accept their presence here as better men than those who trict-Pennsylvania, Maryland, and Delaware. Communicationa were sent them into the :field to :fight. I take it for granted that in theNorth entirely brokeu with Washington, and he took command of the forces as well as in the South the man who _pelieved he was right, although in the Shenandoah Valley. It was charged upon General Patterson that he was in error and fought in that great watl', is a better man than the he withheld his forces when he could have held Johnston, who was in quartermaster, the paymaster, the sutler, or the contractor of the army, his front and who passed to Bull Run, and secured that success. Gen­ and the gallant men who persuaded them to go out to fight. [Great ap­ eral Patterson asked for a court of inquiry, but his application was plause.] That is the class, those are the men who, on both sides, in per­ declined. The President said to him : "General Patt.erson, you can suasive eloquence asked solt4ers to go into the war. From every battle­ afford to wait." That old man waited until the war was over, and then field came up expressions in sympa-thy with the people, and to every he published a vindication so perfect that those who had areused him battlefield hearts and prayers went out from home. of treachery blushed, and the men who would have mobbed his house in The war left the South in poverty, absolute poverty, and it was not Philadelphia were ashamed of their conduct. That citizen-soldier died, credn.able in their poverty to send the carpet-bagger and the official having served his adopted country well. He was followed to the grave thief down there to steal what little was left. [Great applause.] by the benedictions of his feJlow-citizens, and when the coming sun of Yes, Mr. Speaker, the war left the South in poverty, and it is not spring breaks the ice-bound earth and it smiles in flowers, the first and unjust to say that to some extent it blistered the moralityofthe North freshest are gathered to be put upon the grave of that old Irish hero, who, as all wars demoralize people. Every candid man on this floor will in pride I can say, honored me by his friendship. 1884. OONGR.ESSIONAL RECORD- HOUSE. 839

Why, :h-1r. Speaker, General Thomas was accused, Sherman was ac­ tives of the people; and as they represent the people and are supposed eused, General Grant was complained of, and now, when we have here to present public sentiment in its truth and right, .from its Representa­ a victim of the mistakes in Washington, for all made mistakes, it is tives it goes to the entire country, and will carry the appeal to the asked that this House shall. restore him to his rights. He is not now grand inquest of the American nation. t,hat handsome soldier that I saw in his youth. His hair is gray and his It should be the pleasure, as it is surely the duty, of the Representa­ €yes are dim. His children are above all others interested in having the tives of the American people to wipe away the stigma from General stain removed from their father. Technically it is said we can n()t re­ Portq and to proclaim to all the world that we have restored him to Yerse the decision of the court. When it is proposed in the American his rignts, made him once more a citizen. And I declare, as I under­ Congress to do justice to an American citizen, high or low, let the mem­ stand it, that this bill wipes out every stain from the character of the berwho will cast his vote on such technicality settle his technical doubts man, it being the solemn adjudication of the Government as represented in eternity: for there is a higher law, that men shall do justice one to in these Halls. [Loud applause. J another. Charity and justice go hand in hand. This man now asks Mr. Speaker, a code of morality which would be applicable to a man simple justice from his country, and that is all but should not control the actions of communities or States or nations I do not care whether the court of review had aright to examine wit­ would be a delusion and a fraud, and a Representative of the people in nesse on oath or not. It can not make the slightest difference in thedis­ these Halls who is controlled by prejudice, or whose judgment is warped <:harge of duty in these Halls, nor can it make any difference whether by excitement, and most of all by the rigid bonds of political fellow­ the court was constitutional or not. Military courts and ciTil courts are ship, must be forgetful of the morality which should guide him in his entirely different. The one class is rigid, fierce, executing its sovereign search for truth and justice. And now, when we are once more a united will and decrees at once; the other takes care of the rights of persons people and restored to fraternal relati-ons, to concord and peace, when and property. The humblest man in all this great _country can appeal we are all interested in the progress and enlargement of the glory and from the verdict of a jury or the judgment of a court, however trifling power of this great people, let us do justice to every man within our the amount in controversy. And when one is accused or found guilty borders, whether he be of high or low birth, whether he be soldier or , of crime, in every State in this Union there is the right of appealing civilian, and searching for that justice which God has stamped on the for a review by the courts of errors. Here is a man who many years human heart, let '\IS take from this man the ban under which he has since, m the excitement of the war, was under the mandate of the rested for many long, weary years, and give to his children that pride Secretary of War to hurry through the proceedings condemned by a which they must feel in a father who served his country faithfully in a court-martial, and who for twenty-two years has been a-sking a rehear­ name that !lever was before tainted, and the consolation of knowing that ing. The President gave him a court of inquiry. they are not the children of a traitor to his country; but they shall re­ As the question now presents itself to us we are not to determine it joice and give to their country that fidelity that is due to it from every by rigid rules or by technicalities; it is-tb,e truth we are seeking, the American citizen, and that after long years of suffering their father's plain, open truth. This man has appealed from the judgment of that name has been restored in all its brightness and from his country he military court; his appeal is here. It is sustained by the judgment of has at last received justice. the court of inquiry, composed of eminent men sitting in a time of pro­ And when that work has been accomplished, the citizens honored found peace, when no victim was demanded, having before it all the by the right of representation upon this floor can find consolation and evidence presented to the former court, supplemented by the testimony just pride in the truth that'they too have performed their duty to of officers of the Army of the United States and of the confederate army their country, their constituents, and their fellow-citizen. [Great ap­ who were engaged in the battle; and more than all, supported and sus­ plause. J 111r. Speaker, I demand the previous question on the passage tained by the opinion of General Grant, which must be regarded as the of the bill. highest military authority in this land. He appeals to the Represent­ The previous question was ordered. atives of the people, and from this Chamber, representing the Ameri-· Mr. WHITE, of Kentucky. Is it in order to move to amend the ean people, his appeal wings its way and is now pending before the title of the bill? august tribunal of the American public. Fifty millions of people are The SPEAKER. The title is the last thing to be considered. interested that no man shall be injured by public or private law, by Mr. WHITE, of Kentucky. I desire to amend the title of the bill military or civil law. To such a trib~nal this man now appeals. He at the proper time. appeals on the facts as presented. He appeals on the highest military .l!fi. BLAND. I demand the yeas and nays on the .passage of the authority; he appeals as an American citizen, and the question is far bill. above :politics1 with all its aspirations, its honors, its emoluments. The 1eas and nays were ordered. Let us do JUStice, simple justice, in plain words which all men can The question was taken; and it was decided in the affirmative­ understand, whether they be military meii or civilians. If this man yeas 184, nays 78, not voting 58; as follows: has been wronged, let us give him justice. Technicalities born of the YEAS-184. ingenuity of man often stand in the way of truth and right, but simple Adams, J.J. Eldredge, Lore, Seymour, justice flows from the throne of the Almighty, and let us take counsel Alexander, Evins, J. H. Lovering, Shaw, from our hearts in dealing with this om fellow-citizen. I -know full Arnot, Ferrell, Lowry, Singleton, Bagley, Fiedler, Lyman, Skinner, T. G. well that many of the gentlemen on the other side will vote for this· Ballentine, Findlay, McAdoo, Slocum, bill, and I am glad to hear that some who differ 'vith me in political Barbour, Finerty, McMillin, Smith, opinions will vote in that way. I know full well how my colleague Bayne, Follett, Matson, Snyder, Beach, Foran, Maybury, Spriggs, from the Allegheny district [Mr. BAD~""E] will vote, as he has spoken, Belmont, Forney, Miller, J. F. Springer, but do not· know how the gallant soldier who stands in my front will Bennett, Fyan, Mitchell, Stevens, vote. He gave the first fresh years of his matured life to the service Blanchard, Gibson, Morgan, Stewart, Charles Bland, Glascock, Morrison, Stewari, J. W. of the country and stood in the leaden hail of battle with the general Blount, Graves, Morse, Stockslager, we desire to relieve. Boyle, Green. 1\Ioulton, Storm, Having served with Fitz-John Porter, he certainly will not tolerate Breckinridge, Greenleaf, Muldrow, Sumner, C. A. Broadhead, Halsell, • Murphy, Sumner, D. H. fur one moment the imputation that he was a coward. He has reason Buchanan, Harmer, Murray, Taylor, J. l\1. to know of his courage and his skill as a military commander, and if Buckner, Hatch, W.H. Mutchler, Thompson, he has doubts I trust he will lean to the vindication of an honest, faith­ Burleigh, Haynes, Neece, Throckmorton, Cabell, Hemphill, Nicholls, Tillman, ful man rather than to follow the progre&Sive and rigid politics of his Caldwell, Henley, Oates, Townshend, surroundings. To him and my colleagues on both sides of this Hall I Candler, Herbert, O'Hara Tucker, , appeal to remember the honor and the character of Pennsylvania. Carleton, Hewitt, A. S. O'Neill,' J. J. Tully, . Cassidy, Hewitt, G. W. Patton, Turner, H. G. They all know of this man, they all know of the blood that runs in his Clardy, Hill Pierce, Turner, Oscar veins, and in rn.a.1..1.ng that appeal to my colleagues I l~ow it will go Clay, Hohnan, Peel, S. W. Van Alstyne, down to the body of the people. It is a soul-born sentiment or truth Clements, Hopkins, Phelps, Vance, Cobb, Houseman, Poland, VanEaton, that in Pennsylvania we love to do homage and pay respect to the mar­ Collin.'!, . Hunt, Post, Ward, tial 'irtues, and let it be understood that the fair fame of that historic Connolly, Hurd, Potter, Warner, Richard State has never been tainted by the accusation of infidelity or treason Cook, Hutclllns, Pryor, Wellborn, to any of her citizens, soldiers, or statesmen. Cosgrove, James, Pusey, Weller, Cox, S.S. Jeffords, Rankin 'Vemple, But forcible as the appeal which this bill makes to my colleagues in Cox, W.R. Jones, B. W. Ranney, Wilkins, this enlightened presence of their pride in Pennsylvania, the case of Crisp, Jones, J. K. Ray, Ossian Williams, Culberson, D. B. Jones, J. T. Reagan, Willis, General Porter appeals to every :man upon broader, more fur-reaclllng, Curtin, Jordan, Reese, \Vilson, W. L. and grander grounds. Proud as we are to be Pennsylvanians, there is Dar~n, Kean, Riggs, Winans, E. B. a title of broader significance and still more dear to us all and to every Dav1dson, King, Robertson, Wise, G. D. man within our borders who can stand up and say to all the world, and Davis,L. H. Kleiner, Robinson, W. E. Wolford, Deuster, La.ird, Rockwell, Wood, feel the full significance of the declaration, I am an American citizen, Dibrell, Lamb, Rogers, J. H. Woodward, .and will do justice to my peer and my brother either in private or of­ Dockery, Lanham, Rogers, W. F. Worthington, ficial life when I know that injustice has been done him. Here we are Dorsheimer, LeFevre, Rosecrans, Yaple, Dowd, Lewis, Scales, York, standing in the presence of an appeal by the citizen to the Representa- Duncan, Long, Seney, Young.

I '·

I 840 CONGRESSIONAL RECORD-HOUSE. FEBRUARY 1,

NAYB-77. The result of the vote was then announced as above recorded. Adams, G. E. Davis, R. T. Lawrence, Russell, On motion of Mr. HATCH, of Missouri, by unanimous consent, the Anderson, Dingley, McCoid, Ryan, Atkinson, Dunham, McCormick, Skinner, C. R. reading of names was dispensed with. , Barr, Ellwood, McKinley, Spooner, Mr. SLOCUM moved to reconsider the vote by which the bill was Bingham, Evans, I. N. Milliken, Steele, passed; and also moved that the motio11; to reconsider be laid on the BoutelleJ Golf, Morey, Stephenson, Brainera, Guenther, Morrill, Stone, table. Breitung, Hanback, Nelson, Strait, ThESlatter motion was agreed to. Brewer, F. B. Hartl Nutting, Struble, Mr. WHITE, of Kentucky, addressed the Chair. Brewer,J. H. Hatcn, H. H. Parker, Taylor, E. B. Browne, T.l\I. Henderson, T. J. Payne, Taylor, J. D. Mr. SLOCUl\:1. I demand the previous question on the title of the Brumm, Hepburn, Payson, Thomas, bill. . Calkins, Hiscock, Peelle, S. J. Wadsworth, 1\!r. WHITE, of Kentucky. I move to amend the title. _ Campbell, J. 1\I. Holmes, Perkins, Wakefield, Cannon, Hooper, Peters, Washburn, The SPEAKER. It is not in order to make that motion pending the Converse, Horr, Pettibone, Weaver, demand for the previous question. . Culbert on, W. W. Honk, Price, White, Milo Mr. WHITE, of Kentucky. I made my motion before. Cullen, Johnson, Reed, Whiting. Cntcheon, KP-ifer, Robinson, J. S. The SPEAKER. The gentleman made the motion before the bill Davis, G. R. Lucey, Rowell, was passed; it was not then in order. NOT VOTING-58. Mr. WHITE, of Kentucky. Then I shall call for a quorum upon this Aiken, Elliott, Jones, J. H. Paige, vote. Barksdale, Ellis, Kasson, Randall, The SPEAKER. The Chair does not know that a quorum is not pres- Belford, Ermentrout, Kelley, Ray, G. W. ent. Bisbee, Everhart, Kellogg, Rice, Blackburn, Geddes, Ketcham, Shelley, Mr. WHJTE, of Kentucky. I call for a division, then. Bowen, George, Libbey, Talbott, The House divided; and there were-ayes 87, noes 2. Brown, W. W. Hammond, McComas, Va.lentine, Mr. WHITE, of Kentucky. I only desire to say, with the penn.ission Budd, Hancock, Mayo, Wait, Burnes, Hardeman, 1\Iilard, Warner, A. J. of the House, as I do not wish to consume time in demanding the presence Campbell, Felix Hardy, Miller, S. H. White,J. D. of a quorum, that it was the duty of a soldier .to fight. General Porter Chaoo, Henderson, D. B. ~lills, Wilson, James got orders to fight and djd not go; and for that reason I have felt it my Covington, Ritt Money, Winans, John Dibble, Hobiitzell, Muller, Wise, J. S. duty to vote against restoring him to the Army. If I had been recog­ Dunn, Holton, Ochiltree. nized I would have offered an amendment to this bill amending its Eaton, Howey, O'Neill Charles title so as to read, "for the benefit of Fitz-John Porter, and for other So the bill was passed. purposes," believing as I do that it is the purpose of the men who are During the roll-call, when his name was called, pushing this bill, friends of General Porter, wh~ther here or elsewhere, Mr. HARDEM..L~ said: Mr. Speaker, I ask to be excused from to introduce another bill at the next session of Congress to give him an voting. enormous su·m of money. I believe, furthermore, that it is a part of 'The SPEAKER. It is not in order to make that request at this time. the plan of the Democratic party to undo- [Cries ~f " Regular Mr. HARDEMAN. I wanted to state the reason for the request. order!"] I 'believe that there is magnanimity enough in the Representatives The SPEAKER. The "ayes" have it, and the previous question is from the North on this floor to pass this bill without my vote and do ordered. justice to Fitz-John Porter. I therefore ask to be excused. If my vote The title was ordered to stand as in the bill. is necessary, I shall vote "ay." · ADJOURNMENT OVER. Mr. WHITE, of Kentucky. I desire to say that, considering this a Mr. MORRISON. I move that when the House adjourns it adjourn political question, I have not voted. I am paired with my colleague to meet on Monday next. · Mr. BLACKBURN. If he were present here, I suppose he would >ote The motion was agreed to. "ay." I should vote "no." 1\fr. MORRISON. I move that the House do now adjourn. Mr. BROWN, of Pennsylvania. I desjre, Mr. Speaker, to recall my The motion was agreed to. vote, as I am paired, but had forgotten it at the time of voting, with And accordingly (at 7 o'clock and 25 minutes p. m.) the House ad­ my colleagu'e Mr. ERMENTROUT. If he were present, he would vote journed until Monday next. "ay." If I were not paired, I should vote "no." Mr. McMILLIN. I am paired with Mr. RAY, of New York, but as he and I were of the same opimon in thiS case I have voted. PETITIONS, ETC. Mr. COX, of New York. My colleague Mr. "MULLER left here on The following petitions and. papers were laid on the Clerk's de kt an urgent telegram at 4 o'clock and was not able to secure a pair. If under the rule, and referred as follows: he were present, he would vote "ay." By ~ir. BALLENTINE: Papers relating to the claim of W . .G. Ad­ Mr. WEAVER. My colleague Mr. VALENTINE is absent from the ]tisson-to the Committee on Claims. Houseon a{JC()unt of sickness. ·Ifhewere present, hewould vote "no." By Mr. W. R. COX: Papers relating to the claim of Giovanni Pace­ The following pairs were announced from the Clerk's desk: to the Committee on Foreign .Affairs. Mr. HOWEY wjth Mr. HITT, on this bill. If Mr. HOWEY were pres­ By Mr. DAVIDSON: Papers relating to the improvement of Pensa­ ent, he would vote "ay;" Mr. HITT, "no." cola Harbor, Florida; papers relating to the improvement of Key West • Mr. EATON with Mr. WAIT, for this day. If Mr. EATON were pres- Harbor, Florida; papers relating to the improvement of Tampa Bay, ent, he would vote "a.y;" ~ir. WAIT would vote "no" on this bill. Florida; and papers relating to the improvement of Apalachicola Bay, Mr. BUDD with 1\!r. GEORGE, on all questions until further notice. Florida-severally to the Committee on Rivers and Harbors. Mr. KELLEY and Mr. DARGAN, on all questions until further notice. By Mr. ELDREDGE: The petition of Jacob l\L Van Riper and 39' 1\Ir. KASSON and 1\!r. TALBOTT, on this bill. Mr. TAL~OTT would others, for the passage of a la.w giving to all !iOldiers in the Union Army vote '' ay;" Mr. KASSON, "no." in the late civil war 160 acres of land-to the Select Committee on Mr. MILLER, of Pennsylvania, with Mr. RANDALL, on this bill. Payment of Pensions, Bounty, and Back Pay. Mr. RANDALL would have voted "ay;" Mr. MILLER, "no." By 1\Ir. FERRELL: The petition of citizens of Philadelphia, Pa., for­ Mr. ELLIS and Mr. CHASE, on all questions for this day. l\1r. ELLIS an appropriation for jetties at Carson's and Townsend's Inlets, on ill& would vote " ay " on this bill. coast of New Jersey-to the Committee on Rivets and Harbors. Mr. ERMENTROUT with Mr. BROWN, of Pennsylvania, on this vote. By Mr. FORAN: The petition of members of the Board of Trade,

Mr. HOLTON with 1\ir. COVINGTO:N1 until Tuesday, the 5th of Feb- merchants, and manufacturers of Cleveland, Ohio, asking t.hat retalia­ ruary. tory measures be adopted against those foreign countries that ruscrim­ Mr. P A.IGE, with 1\!r. WILSON of Iowa, for to-day. inate aoaainst the hog product of the United States-to the Committee 1\!r. W .A.RNER, of Ohio, with Mr. KETcHAM, until February 6. on Commerce. Mr. MILL.A.RD, with~· PosT, of Pennsylvania, on all political ques­ By Mr. HOUK: Papers relating to the claim of Robert K. Byrd-to. tions, from January 31 until this pair js withdrawn by notice on both the Committee on War Claims., sides. By ~!r. KLEINER: The petition of Armer Reed Post, Grand Army Mr. POST, of Pennsylvania. I desire to say inc.onnection with this of the Republic, of Folsomville, Ind., relative to pensions, &c. -to the announcement that this bill for the relief of Fitz-John Porter was spe­ Select Committee on Payment of Pensjons, Bounty, and Back Pay. cially excepted from the operation of that air, and I have therefore By Mr. LUNA: Papers relating to t!he claim of Hugo Nedeless-to­ vored. the Committee on Claims. Mr. V AL~TINE with :Ur. HARDY, from to-day until Monday. By :Mr. MORGAN: :Memorial of James Marguess Post, Grand Army Mr. MONEY with Mr. W .A.D:!WORTH, on all questions, from January of the Republic, relative to bounties and penmons-to the Select Com­ • 17 until further notice. ruttee on Payment of Pensions, Bounty, and Back Pay. Mr. CAMPBELL, of New York, with 1\fr. RICE, on all political ques­ By Mr. NELSON: Petition asking for a mail-route in 1\finnesota--­ tions, to February 8. • to the Committee on the Post-Office and Post-Roads. Mr. BURX&g with 1\fr. McCmiAS. 1\!r. BDRNM would vote "ay;" By l\Ir. O'HARA: Papers relating to. the clMm of Douglass Syphax Mr. McCoMAs,'' no." and others-to the Committee on War Claims. 1884. - CONGRESSIONAL REOORD-SENATEo 841

By Mr. PARKER: Papers relating tothe improvementoftheharbor He also laid before the Senate a communication from the Secretary of at Waddington, N. Y.-to the Committee on Rivers and Harbors. the Interior, transmitting, in answer to a resolution of the 20th ultimo, By 1\Ir. ROBERTSON: The petition of D. D. Riley and others, citi­ a report of the Commissioner of the General Land Office relative to lands zens of Grayson County, Kentucky, for one hundred and sixty acres of certified or patented for the benefit of railroad companies since Decem­ land for officers and- soldiers of the Federal Army, without regard to ber, 1875, in alleged contravention of a decision of the Supreme Court settlement-to the Select Committee on Payment of Pensions, Bounty, of the United States rendered during that year; which, with the ae­ and Back Pay. companying papers, was referred to the Committee on Public Lands, By 1\Ir. S~UTH: The petition of 82 citizens of Lancaster Co~ty, and ordered to be printed. Pennsylvania, to redeem the t::ade-dollaJ:s and to ~uspend the ~omage He also laid before the Senate a communication from the Secretary of silver dollars-to the Colll1lllttee on Comage, Weights, and Measures. of the Interior, transmitting a communication from the Commissioner By Mr. YOUNG: Papers relating to the claim of Co\onna, Taussig of Indian Affairs, submitting a report of the commission 3i.Jpointed De­ & Co. and others-to the Committee on Ways anq Means. · . cember 22, 1882, to re-examine and ascertain the damages accruing to. Also, the petition of Dixon S. Boswell, asking f?r compensati9D: for certain Chippewa Indians, in the State of Minnesota, growing out of the property taken during the late war-to the Comnnttee on War ClaliD.S. construction, in complianee with law, of reservoirs upon their reserva­ tions; which, with the accompanying papers, was referred to the Com­ mittee on Indian Affairs, and ordered to be printed:' He also laid before the Senate a communication from the Secretary of SEN.ATE. the Interior, transmitting a report of the Commissioner of Indian Affairs in relation to the action of the Cherokee national authorities in the MoN1>.A.Y, ]february 4, 1884. distribution of the $300,000 appropriated March 3, 1883, to be paid inro Prayer by the Chaplain, Rev. E. D ...HUNTLEY, D. D. the treasury of the Cherokee Nation o11t of funds due under appraise­ The J ournaJ. of the proceedings of Thursday last was read and ap­ ment for Cherokee lands west of the Arkansas River, and recommend­ proved. ing such additional legislation as will protect the rights of tho e who COMMITTEE SERVICE. are citizens of'that nation by adoption; which, with the accompanying papers, was referred to the Committee on Indian Affairs, and ordered to Mr. GIBSON was, on his own motion, excused from further service be printe?. upon the Committee on Claims. PETITIONS AND MEMORIALS. LAKE TRAVERSE INDIAN RESERVATION. The PRESIDENT pro tempore. The Chair presents a resolution of The PRESIDENT pro tempore laid before the Senate the following the Legislature of the State of Ohio, transmitted to the presiding officer message from the President of the United States; which, with the ac­ by the governor of that State. It will be read. companying papers, was referred to the Committee on Indian Affairs, The Chief Clerk read the resolution, as follows: and ordered to be printed : To the Senate and HO'U8e of Representatives: Joint resolution requesting our Senators and Representatives to so adjust the as I transmit herewith a communication of the 29th instant from the Secretary tariff to encourage productive industries at home. of the Interier, submitting, with accompanying papers, a. report of the Commis­ Be it resolved by the General Assembly of the State of Ohio, That we favor a. tariff sioner of Indian Affairs upon the subject of the right of way of the Chicago, for revenue limited to'the necessities of the Government, economically admin­ Milwaukee and Saint Paul Railway Company through the Lake Traverse In­ istered, and so adjusted in its application as to prevent unequal burdens, en­ dian reservation, in Dakota.. courage productive industries at home, and afford just compensation to labor, The subject is commended to the consideration of the Congress. but not to create or foster monopolies; and that the governor of Ohio be re­ CHESTER A. ARTHUR. quested to forward copies of this resolution to each of our Senators and Repre­ EXECUTIVE MANSION, January 31, 1884. sentatives from Ohio at Washington. A. D. MARSH, EXECUTIVE COMMUNICATIONS. Speaker of the House of Represmtatives. The PRESIDENT pro tempore laid before the Senate a communication ELMER WHITE, Pre$ident pro tempore of the Senat~. from the Secretary of the Interior, transmitting, in further compliance Adopted January 26, 1884. with a resolution of December 4, 1883, a report, received through the Secretary of War, of Dan. C. Kingman, Corps of Engineers, of his opera­ , Mr. HOAR. Did the governor of the State of Ohio furnish to the tions in the construction and improvement of roads and bridges in the Chair any exposition or definition of the resolutioll in addition to what Yellowstone National Park, with his views as to the amount tHat should has been laid before the Senate? nowbeappropriated therefor; alsolettersfromMr. Rufus Hatch, ofNew The PRESIDENT p11,o tempore. The Chair thinks that is not a par­ York, respecting the lease to him and others of sites within the park for liamentary question. The governor of Ohio transmitted the resolution hotel purposes. to the Chair in his official capacity, addressed to the Chair as President The PRESIDENT pro tempore. The former reports on this subje~t, of the Senate. · the Chair thinks, were laid upon the table for the time being. Ifthere M.r. CO~GER. I did not hear the readingoftheresolutionexactly. be no objection, this letter, together with the accompanYing papers, will Does it purport to be the resolution of a political convention or of the be printed and laid on the table. Legislature of a State? Mr. HARRISON. A bill is under consideration and has not yet been The PRESIDENT pro tempqre. It is a resolution of the Legish!.ture reported from the Committee on Territories on that subject, and I sug­ of the State of Ohio, transmitted by its executive .magistrate to this. gest whether it would not be proper that the letter and accompanying body. The resolution will be laid on the table, if there be no objection. papers should be referred to that committee. Mr. PENDLETON. I presentthepetitionofW. Pike Post, No. 377, The PRESIDENT pro tempore. The Chair can only state that one or Grand Army of the Republic, of Martinsville; Ohio, praying for legisla­ two previous communications upon the same su~ject were, on motion of tion to give pensions to every surviving enlisted man for the remainder the Senator from Missouri [Mr. VEST], laid on the table. of his life; second, for arrears of pensions to make good the deficiency of Mr. HARRISON. I ask the attention of the Senator from Missouri. his pay in the Army during the late war; third, to prevent a reduction I was suggesting that, as this matter is under consideration by the in the revenues of the Government. I move that the petition be reKerred Committee on Territories, this and the previous reports upon the same to the Commi1.tee on Pensions. subject had better be referred to that committee. The motion was agreed to. Mr. VEST. I have before me now the bill agreed upon by the Com­ Mr. PENDLETON presented a petition of the Board of Trade of Gal­ mittee on Territories, and am only waiting that order of business in lipolis, Ohio, praying Congress to provide for sick and disabled seamen order to report it. We should have moved before this time that the in that inspection district; which was ,referred to the Committee on answer of the Secretary of the Interior to a resolution which I had the Commerce. honor to offer should be referred, except for the fact that I knew the Mr. FRYE. I have a petition which is directed to me, but which evi­ bill would be reported, and then the whole matter could be before the dently was intended for the Congress of the United States. Therefore Senate in printed form. I take it that a better course would be to I ask that it may be assumed to be so, .and I will present it. It is the allow this communication, as the Chair suggests, to be printed, and petition of Henry Little and other members of Burnside Post, No. 47, then it can be considered together with the former report when the Grand Army of the Republic, of Auburn, Me.; praying that pensions be bill comes before the Senate. granted to ex-prisoners of the late war. · Mr. HARRISON. I make no objection if the bill, as I now under­ The PRESIDENT pro tempore. The Senator from :Maine asks unani­ st~nd, is to be reported from that committee to-day. mo~ consent to present a pape:r addressed to him but intended for • The PRESIDENT pro tempore. The letter, with the accompanying consideration in the Senate. If there be no objection it will be received papers, will be printed and laid on the table, if there be no objection. and referred to the Committee on Pensions. Mr. VEST. That is the better course. Mr. HOAR. I present the petition of George B. Proctor, of :F1tch­ The PRESIDENT pro tempore laid before the Senate a communica­ burg, Mass., and others, officers· of the Army in the late war, praying tion from the Postmaster-General, in response to a resolution of the 29th for the redress of certain grievances by them suffered. I move that the ultimo, calling for the causes of delay in the adjustment of the salaries petition be referred to the Committee on Military Affairs. and pay of postmasters under the act of Congress of March 3, 1883; The motion was agreed to. which was referred to the Committee on PostrOffices and Post-Roads, Mr. HOAR presented the petition of Samuel M. Blair, of Middlesex and ordered to be printe?-. County, Massachusetts, praying to be paid his (loyal owner's) share of

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