1884. CONGRESSIONAL RECORD-HOUSE. 661 become a Laplander. There is a very great misapprehension prevail of this country you would be laughed at and told that it was impossi ing in the public mind touching the climate of the Territory. The ble to live there. climate of Sitka is as mild as that of Washington. It is true they have I have here a statement which I desire shall be incorporated into the not got quite as much sunshine there as we have here, but the ''"inters REcoRD, shoWing the mean temperature of that climate in comparison are not any colder in Sitka. than they are in ~hington, and not near with others, which was prepared at one time by the Smithsonian In as cold as they are in New York. It is far warmer there in winter time stitute at the request of Mr. Sumner. I ask that it be printed in the than in many of the leading European capitals. Stockholm St. Petets RECORD. burg, and all those places are infinitely colder than Sitka and the coun The PRESIDING OFFICER. That order will be made without ob try around it in this Territory. There is no difficulty there because jection. of the col~ although if you were to make this statement in some parts The statement is as follows:
Mean temperature in degrees Fahrenheit. Precipitation in rain or snow; depth in inches.
Spring. Summer. Autumn. Winter. ~ Year. Sprin~. 'Summer.) .Autumn. Winter. Year. ------·I------St. Michael's, Russian America, latitude 63<> 28' 45''...... •..... 28.75 52.25 27.00 7.00 Z7.48 ...... !...... ··············· ·············- Fort Yukon, Russian America, latitude (near) 67° ...... 14.22 59.67 17.37 23.80 16.92 ··············· ...... ··············• 1 Ikogmut, Russian America. latitude 61° 47 ...... 19.62 49.32 36.05 0.95 1 Sitka, Russian America, latitude 57° 03 •••• ••••••••••••• • ••••••• • • •••• ••••• 39.65 53.37 43.80 32.30 ~: ~ ······is:32· ······i5:75· ······32:1o· ······2a:77· ·······89:9t Puget Sound, ·washington Territory, latitude47° 07'.... : ...... 48.88 63.44 51.30 39.38 50.75 7. 52 3. 68 15.13 20. 65 46.98 51.16 61.36 53.55 42.43 52.13 16.43 4.85 21.77 44.15 . f!l.'}J) 55.39 58.98 58.29 50.25 55. 73 6. 65 0. 09 2. 69 13.49 22. 92 t~t~~~~r~!1~~;11r~;:~~::::::::::::::::::::::::::::::::::::::::::::: 23.67 48.57 33.65 0.40 26.40 ...... ··············· ········· ······ ...... Montreal, Canada. Ea t, lat.itude 45° 30'...... 41.20 68.53 44.93 16.40 42.77 7.66 11.20 7.42 . 72 27.00 Portland, l\Ie., latitude 43° 39' ...... 40.12 63.75 45.75 21.52 42.78 Fort Hamilton, N.Y., latitude 40° 37'...... 47.84 71.35 55.79 32.32 51.82 n. 69 ······ir&i· ...... 9:88· ..... To:ai·· ·······4.3:22 Washington, D. 0 ...... 54.19 73.07 53.91 33.57 53.69 10. 48 10. 53 10. 16 10. 06 41. 24
Mr. HARRISO~. I only rise to ask that the vote may be taken Treasury, addressed to him, in relation totheaudited claim of the Den upon this amendment. ver and Rio Grande Railroad Company for Armytrnnsportation; which The PRESIDING OFFICER. The question .is on concurring in the was .referred to the Committee on Appropriations, to accompany the amendment of the Committee of the Whole embodied in section 14. amendment submitted by :Mr. BoWEN to Holise bill 3948. The amendment was concurred in. • CALIFORNIA INDIAN W .A.R EXPENSES. The PRESIDING OFFICER. The amendments of the Committee of the Whole are no"\1' all disposed of. The bil). is still open to amend Mr. 1\IA~Y. Since the morninghour this morning I havereceived ment. a communication from the Secretary of War respecting a bill in my · The bill was ordered to be engross~d for a third reading, read the hands from the Committee on Military Affairs. He suggestS the impor third time, and passed. tance of printing the letter of the Third Auditor of the Treasury De Mr. HARRISO~. I suggest that the wor9-B "Territory of" in the partment in connectjon with the bill, and on behalf of the Committee title be stricken out, so that the title shall read: "A bill providing a on Military Affairs I move that the bill (S. 809) to indemnify the State civil government for Alaska." · of California for balances paid and remaining due on account of indebt The amendment was agreed to. edness incurred in the Indian wars, for the payment of which said State PRESIDENTIAL SUCCESSION. issued bonds in 1851 and 1852, a part of which remain unpaid owing Mr. HOAR. I move that the Senate proceed to the consideration of to delays occasioned by War Department rulings under the act of Con gress of August 5, 1854, and the documents connected with it be printed, Order of Business No. 75, bein~ the bill (S. 22) to provide for the per formance of the duties of the office of President in case of the removal, and recommitted to the committee. I want the letter of the Secretary death, resignation, or inability both of the President and Vice-President. of War and the report of the Third Auditor printed. The motion was agreed to; and tbe·Senate, as in Committee of the The motion was agreed to. Whole, proceeded to consider the bill. EXECUTIVE SESSION. The bill was reported from the Committee on Privileges and Elec Mr. SHERMAN. I move that the Senu,te proceed to the considera tions with an amendment in secti6n 1, line 1G, after the word" disabil tion of executive business. ity," to insert "of the President or Vice-President;" so as to read: The motion 'Yas agreed to; and the Senate proceeded to the consider Then the Secretary of tke Interior shall act as President until the disability of ation of executive business. After 7 minutes spent in executive session the President or Vice-President is removed or a President shall be elected. the doors were reopened, and (at 3 o'clock and 30 minutes p.m.) the l\Ir. HOAR. The amendment is merely verbal. It does not change Senate adjourned. the sense of the bill. . The amendment was agreed to. The bill was reported to the Senate as amended, and the amendment was concurred in. HOUSE OF REPRESENTATIVES. The bill was ordered to be engrossed for a third reading, read the third time, and passed. FRIDAY, January 25, 1884. ADJOURXIIIXL~T TO MOYDAY. The House met at 12 o'clock m. Prayer by Bishop LYMAN, of Ur. INGALLS. I move that when the Senate adjourns to-day it be North Carolina. · to meet on Uonday next. The J ou_rnal of yesterday's proceedings was read and approved. The motion was agreed to. CHANGE OF REF:E¥ENCE . . HOUSE BILLS REFERRED. R. The SPEAKER. The Chair desires to state that yesterday, when The bill (H. 3948) making appropriations to supply deficiencies on the gentleman from North Carolina [M:r. Cox] reported from the Com account of the appropriations for the fiscal year ending June 30, 1884, in regard to rebate of tax on tobacco, and to provide for the expenses of mittee on Foreign A.fl'airs the bill (H. R. 745) to provide for the ascer the meeting of the Legislature of the Territory of New Mexico, and for tainment of claims of American citizens for spoliations committed by other purposes, was read twice by its title, and referred to the Com the French prior to the 31st day of .July, 1801, the Chair supposed mittee on Appropriations. that the bill related only to private claims. Upon an examination, The joint resolution (H. Res. 127) authorizing the Secretary of the however, of the provisions of the bill it appears that it proposes general Interior to detail from that Department two clerks to act as assistant legislation, and the Chair thinks that instead of going to the Private Clerks to certain House committees was read twice by its title, andre Calendar it ought to have been referred to ' the Committee of the Whole on the state of the Union. If there be no objection, the change ferred to the Committee on Pension~. of reference will be made. Al\IE~DIIIENT TO A BILL. There was no objection, and it was ordered accordingly. Mr. BOWEN submitted an amendment intended to be proposed by .Mr. SUMNER, of California. I ask unanimous consent. to change him to the bill (H. R. 3948) making appropriations to supply deficien tpe reference of a bill. The bill which I introduced yesterday (H. R. cies on account of the appropriations for the fiscal year ending J nne 30, 3960) to increase the efficiency of the Signal Service was natUrally by 1884, in regard to rebate of tax on. tobacco, and to provide for the ex its title referred to the Committee on Commerce. But it is a bill pro penses of the meeting of the Legislature of the Territory of New :Mexico, viding for promotions in the Army, and should have gone to the Com and for other purpo es; which was referred to the Committee on Ap- mittee on Military Affairs. I ask that change of reference. propriations, and ordered to be printed. . The SPEAKER. As the Chair is advised, the .Journal shows that Mr. BOWEN presented a letter from the Acting Secretary of the the bill was referred to the Committee on Military Affairs. 662 CONGRESSIONAL RECORD- HOUSE. JANUARY 25,
UIPROVEMENT OF HARLE'!\!• RIVER. not enter into the detail of that evidence, but I told where it might be , Mr. HUTCHINS, by .unanimous consent, presented the petition of found. In those remarks as reported in the RECORD I find two mis Judge J. R. Angel, N. K. Freeman, and others, citizens of New York, takes to which I wish to call attent·ion, both made through my fault, praying that an act of Congress be passed authorizing the Secretary of probably-one surely. I referred to Bristoe Station as being the place War ro contract with Charles Stoughton and his associates for he en where the order to move reached General Porter. I intended to B.'ly tire work of improving the Harlem River, New York, for a sum not Warrenton Junction. The name of the witness 'Yho testified to hearing . exceeding $1,295,000, including the furnishing of the right of way free the conversation or the statement of Gen. Fitz-John Porter on his arrival of cost to the United States, the work to be completed in 1885; which at Bristoe Station was reported as W. S. Paxton. I intended to say W. was referred to the Committee on Rivers and Harbors. C. Faxon. "N"ow, .l\Ir. Chairman, there is left for me only to discuss the facts DUTY O:N WOOL. connected with the transaction of the 29th day of August. But, be Mr. CONVERSE. I ask unanimous consent to present and have tore I go directly to that, I may be allowed, properly, here to refer to printed in the RECORD resolutions of wool-growers of Fairfield County, the alleged change of opinion of General Garfield in relation to this Ohio, and of the Columbiana County Sheep-Breeders and Wool-Grow ·matter. It was said in debate in Committee of the Whole that Gen- ers' Association, asking a restoration of the duty on wool. eral Garfield was himself the author of this bill. By what strange The SPEAKER. Is there unanimous consent for the printing of reasoning that conclusion was arrived at is not for me to say, but he these resolutions in the RECORD? did introduce a bill, or perhaps a resolution, looking to an inquiry in • :Mr. WELLER. I object. reference to an alleged discovery of important evidence. What his Mr. TOWNSHEND. Hereafter I hope these memorials will be pre opinion would have been on the evidence that might have been pro sented through the petition-box. duced does not appear from the proceedings or the resolution; but that :\IESS.J..GE FRO::U: THE SEXATE. resolution was de1eated. I stand here to-day, Mr. Chairman, to say A message from the Senate, by Mr. M:cCooK, its Secretary, notified that I know what his opinion was up to the 7th day of March, 1881. It then was what mine is now. It then was what it was when he the House that it insisted on its amendment, disagreed to by t.he House, wrote the letter to General Cox. to joint resolution (H. Res. 119) making an appropriation for there lief of Lieut. A. W. Greely and his party, composing what is known as In this connection I may also refer to the statement made in argu the Lady Franklin Bay expedition to the Arctic regions, asked for a con ment that there was necessarily injustice in the action of the court ference on the disagreeing \otes between the two Houses, and had ap martial, because it sat at a time when prejudice was rife. I am not pointed as conferees on its part Mr. HALE, Mr. MILLER of California, acquainted with many of the' gentlemen composing that tribunal, but and .Mr. SAULSBURY. I think I may say, and be just"illed by those who know him, that so far It further announced the passage without amendment of joint reso as General Garfield was concerned as a member of that court-martial, prejudice had no power to govern his actions. His own prejudice would lution (H. Res. 113) authorizing the Secretary of War ro receive for in not swerve him a hair. T~ prejudice of others would have no control struction at the Military Academy at West Point Antonio Barrios, of over him. · Guatemala, and Jose Victor Zavala, of Nicaragua. It further announced the passage of a bill (S. 1256) providing fo1· the I need not say, M:r. Chairman, that, in my judgment, it is a matte~ removal of the remains of the late Maj. Gen. EdwardO. C. Ord, United of little consequence what General Garfield thought at one time OT If I States Army, from Havana, Cuba, to Washington, D. C.; in which con another, so far as our action is concerned. had 1..-nown that Gen· currence was requested. eral Garfield, sitting on that court-martial once, had changed his opin ion on a rehearing at another time, it would not have changed my mind, GREELY RELIEF EXPEDITION. as.much as I respected him and his judgment. It would only have The SPEAKER. The joint resolution (H. Res. 119) making an ap caused me to re-examine the evidence, the only source Qf information propriation for the relief of Lieut. A. W. Greely and his party, com or judgment that can come to this committee. But to gentlemen who posing what is known as the Lady Franklin Bay expedition to the only seek to know the opinion of Grant .or Garfield or of this board, I Arctic regions, has been returned from the Senate with the message that have shown sufficient respect to say what I understand to have been that body insisted on its amendment disagreed to' by the House, and the position of General Garfield. But, sir, if he were in this House requested a conference on the disagreeing votes of the two Houses. to-day, or out of this House as a. constituent of mine, as once he was, J\ir. RANDALL. I move that the House agree to the conference I would be representing his view:s in the vote I shall give ; and if he asked by the Senate. were here, occupying the place in which I stand, this committee would The motion was agreed to. listen to the reasGns which actuated him in his original judgment aBd The SPEAKER appointed as managers of said confere:qce on the part those which remained with him until he died. of the House :Mr. RANDALL, Mr. HUTCHINS, and Mr. CALKINS. I now proceed to the discussion of. the question connected with the ORDER OF BUSINESS. charges before the court-martial and the country against Fitz-John Porter for his action, or want of action, on the 29th ·day of August, Mr. BELMONT. I ask for the present consideration of the follow ing-- 1862. I may say here I do not like this bill on account of the possible construction which may be given to it. Mr. HORR. I demand the-regular order. The SPEAKER. This being Friday, the regular order is the call of While it says that nothing in this bill shall be so construed as to give committees for reports of a private nature. · this applicant pay fur the time that he has been out of the Army, I still am not certain that the bill does not in effect accomplish that result; Mr. ROGERS, of Arkansas. I wish to submit a privileged report. because, sir, while it shall not be construed under one of its provisions The SPEAKER. The gentleman will state it. Mr. ROGERS, of Arkansas. I am du·ected by the Committee on to give him pay, it does restore him to all the rights which he bad on the day of the approval of the sentence of the court-martial, and the Post-Office and Post-Roads to report what I send to the Clerk's another law exists under which he can make claim for his compensa desk to be read as a substitute for the resolution referred to that com mittee on motion of the gentleman from New York [Mr. BEACH] on tion, and which claim may be established as a good and a valid one; the 19th instant. besides, if this bill becomes a law, his pay surely follows by orne The SPEAKER. Is it of a public or a private nature? means. Mr. ROGERS, of Arkansas. It is a resolution of inquiry for infor But, Mr. Chairman, I do not stop here. I would not make any op mation from one of the Departments. position to the bill simply on that account at this time. My reason for The SPEAKER. The gentleman will withhold it for the present, expressing opposition to its features and to its intent lies deeper. My as this is private-bill day. objection to the bill is more emphatic than that. Mr. SLOCUM. I move to dispense with the morning hour for the In order to know and judge clearly with regard to the question in call of committees for reports of a private nature. volved in this debate and act upon it with understanding, though in The SPEAKER. That requires a two-third:s vote. the estimatiop of some our knowledge appertaining to it may be very The morning hour was d.ispensed with (two-thirds agreeingthereto). little at best, still it will be necessary for us to keep in our own minds l\lr. SLOCUM. I now move that the House resolve itself into Com- certain conditions in regard to t~e location of the scenes and transactions mittee of the Whole House on the Private Calendar. ofthatmemorable day. If, sir, you stand at Warrenton Junction look ing somewhat north of east, you will see a pike extending in that direc The motion was agreed to. The House accordingly resolved itself into Committee of the Whole tion, known, I believe, as the Warrenton and Centreville pike or possibly House on the Private Calendar, .Mr. SPRINGER in the chair. the Warrenton pike. Following that pike iu a direction east of north for twenty miles, about, you pass the town of Gainesville and the hamlet }riTz-JOHN PORTER. of Groveton and arrive at Centreville. The main movements of the forces The CHAIRMA.!.~. The House resumes the consideration of the bill on both sides were toward the pike which I have named on this memor (H. R. 1015) for the relief of Fitz-John Porter, and the gentleman able 29th of August, 1862. Gainesville lies about midway between from Ohio [Mr. EZRA B. TAYLOR] is entitled to the floor. Warrenton and Centreville. Gro>eton, the chief scene of the conflict, Mr. EZRA B. TAYLOR. l\Ir. Chairman, on·last SattjJdayi alluded, lies about midway between Gainesville and Centreville. It is ten miles in the remarks I made in the Committee of the Whole House, to the from Warrenton to Ga,inesvi1le and ten miles from Gainesville to Centre evidence tending to show, as I claimed, that the order to move from ville, and about four miles to Groveton from Gainesville. Going from Warrenton Junc_tion to BristoeStation might have been obeyed. I did Warrenton in a southwestern direction you will follow the Warrenton 'I
1884. CONGR~SSIQNAL RECORD-. HOUSE. 663
\Railroad until you reach its junction with the Orange and Alexandria Porter about 12 o'clock was told by McDowell to "go in there." It Railroad at Warrenton Junction. From Warrenton Junction, bearing is disputed now whether at th~ time Longstreet had reached the scene north of east, you pass through Bristoe Station and come to MlVlassas of opera lions or not. I will not discuss that, .Mr. Chairman, for I have and Mannssas Junction and a little beyond to Bull Run, a line of about not time. ,I will take as my statement the statement of the distinguished :fifteenmiles. Prolonging that line from Bull Run eastwardly so far as gentleman from Michigan [Mr. CUTCHEON], whospokenponthatpoint. to make this line as long as the first one, a point nearly south of Centre Longstreet came through Thoroughfare Gap that morning at sunrise; ville ·will be reached, and these lines will form an outline map of the so he says. He had eight or nine miles to go to reaeb Gainesville. .country which embraces the scene of the movements of the two armies When he reached Gainesville he ttll'ned to the left on the pike toward .on the 27th, 28th, and 29th da.ys of August. From Gainesville north Jackson's right, which reached out from Groveton toward Gainesville• west (more west than north) lies Thoroughfare Gap, eight or nine miles Longstreet says that soon after passing the gap they heard the booming distant. The .Manassas Gap Railroad, running from Manassas J unc of cannon; that his troops were marching rapidly then; but ho says tion, pnsses through Thoroughfare Gap and northwestwardly from that ''naturally the soldiers accelerated their pace at every discharge of _point. the guns.'' So l say, Mr. Chairman, soldiers accelerate their pace at On the morning of the 20th of August Fitz-John Porter and his every discharge of the enemy's guns. It was in his army as in Napo forces by between Bristoe Station and .Manassas Junction. Early in leon's and in Moltke's, the business to go wliere the guns were booming, the morning, at 3 o'clock as the testimony shows, an OTder was sent him and his soldiers without orders marched rapidly toward that point. He by General Pope, which reached him al>out daylight in the morning, arrived according to his present recOllection and deployed his troops by to march his force toward Centreville. Later, when new information 11 o'clock. In passing, I will say it is impossible that1lls memory is bad reaehed the commander-in-chief and had changed his view as to correct. But admit it. Does this committee care where Longstreet the situation of affairs, another order was issued, which reached Porter was? For some purposes this is immaterial, for others it is material between 8 and 9 a. m., directing him to mo"e toward Gainesville. Where was Longstreet's force and how much of force had he? Letters ("rainesville is north and west of Brlstoe Station. His troops were then regarded more important than evidence, opinions regarded more weighty in marching order, and they were soon turned in the direction indi than testimony on which they are founded, unit,e in saying that Long -cated. He arrived at about half past 10 at Bethlehem church, a point street had twenty-five thousand troops. ?t1r. Chairman, he had on that where the road separates, one branch leading to Gainesville, the other day but twenty thousand troops. Turn to the evidence of Longstreet to Sudley Springs; Bethlehem church being about two miles from Mar- himself, and he will tell you that Anderson, with a full division, came . lliiSScl.S Junction. !n that neighborhood, the head of his column having in that day from Warrenton and only reached him that night, and that reached beyond and toward Dawkin's Branch, which is about two and that division was five thousand strong, and that he included that foree .one-half miles from Bethlehem church, he was overtaken between 12 in his estimate of twenty-five thousand for his command. Then, with and 1 o'clock by General .McDowell with the order known as the his twenty thousand, where was he? Wilcox's brigade of six thousand joint order. Under that order he received not only direction as to his men was in advance; and it was deployed upon the immediate right of mo\'ements, but the reasons for that direction. He was to march on J aekson, with three or four hundred yards of intervening space occupied the Gainesville road, and it was expected that in the neighborhood of by artillery. .Qa,inesvi.lle Jackson would be found, and that Heintzelman, Sigel, and Hood and Evans were deployed next to Wilcox, and only J oJ)es, with Reno, who had been at Centreville, would meet Porter at that point one brigade, was in position, even after Longstreet was fully deployed' .and lorm a junction with him. Generals McDowell and Porter could not fight in two places. It could not fight against Pope and at because the order came late? All these officers ~ould have done theu· the same time fight 3.ouainst Porter. It did fight against Pope alone duty, and what they would have done Porter ought to have done. -while ten thousand to twelve thousand of the best and freshest troops Restore him if you please, but do not understand that in doing () of the Army, within striking distance, were spectators of the fmy. you are giving to us the olive branch of peace. ·Do not vote to restore him Now for the animus of this non-action on the part of Porter. I refer with the tinderstanding that you are allaying irritation. You are cre you to the dispatches of the 27th, 28th, and 29th of August sent by ating it in a way of which you have no present idea. I have tried to . Porter to Burnside. I can not stop to read them now, but will ask per make no allusion that would be offensive, and I make none now in an mission to print them, and also the orders to which I have alluded, in offensive sense. I put a case not as a parallel but only as an illush'llr my remarks. I must hurry on. tion of the feelings of our soldiers in this case. If the British Gov One thing more. Mr. Ormsby testifies that during the court-martial ernment had had the power after the war of the Revolution to force he was present with another gentleman and heard Fitz-John Porter say, Benedict Arnold back into our Army it would not have ·pleased the :referring to the orders and to the testimony given before the court American soldiers who had fought that war. martial that day and the day before, "I was not loyal to Pope; I was Mr. Chairman, does the Old Flag need the support of a man who stops loyal to McClellan." And pn the same day a gentleman whom I now upon the field of battle in sight and hearing of the enemy because he see before me, an officer of this House, William Blair Lord, testifies dislikes his commander? Would the stars of that flag be any brighter by that he heard in the same conversation Fitz-John Porter say, "I was reason of the restoration of such a man? Would our Government be not loyal to Pfjle; I can not deny that. '' That is in the evidence, and any more stable or strong with such a man's hand on its standard?. not a living bemg denies that those statements are true. 1\lr. Chairman, as Washington once said, "Put none but Americans Mr. LAIRD. Where is th:tt evidence? on guard to-night," so I say let no man but a loyal, true soldier take Mr. EZRA B. TAYLOR. It was given before the board of review. hold of that flag which is the admiration of so many of us, and which Mr. LAIRD. Will the gentleman cite it. floats to-day over all the States of this Union. Let no man but a. true · 1\Ir. EZRA B. TAYLOR. I could do so in a few minutes, but I have man, let no man who thought more of one commander than he did of no time to be more particular now. Nobody denies it. I will give you his country, who disliked :mother more than he loved his country, and the papers when I close my remarks. therefore stood palsied in the presence of the enemy, be recognized as a Now, what is that confession? It is a plea of guilty. Not to be loy!l>l soldier. I wonder if Fitz-John Porter hears the booming of those loyal to Pope was to be disloyal to the flag, was to be disloyal to the cannon to-da.y? I wonder if he hears the shout of victory that came to Union; and gentlemen who vote to reinstate him, or to pension him, his ears on that fearful day? I wonder if his.eye goes O>er tl:tat .battle vote so knowing that by ,his own confession he was disloyal to his com field, and he thinks he sees some victims there that his own right hand· mander-in-chief, undisputedly disloyal, admittedly disloyal. Mr. Por might have rescuen? I know not what he thinks, but all those things ter has been tried and convicted: . He has been pardoned, so far as the areinmyvisionandhearing, Mr. Chairman; and withtheminmyvision, President's pardon ean go. But this House ought not to restore him with my understanding of this testimony, and asking no man to form ro the rights he once had, those rights which he himself forfeited. an opinion for me, I have reached the conviction that my protection as This Congress can not restore him to the position that he once held. an American citizen is not best secured with the .Army in the control No boards of adsice, no congress in the world, can make those laurels of or under the influence of such men as I think Fitz-John Porter to green and live again that died upon his brow as he lay under that tree be. [Applause.] .refusing to obey the order of his commander-in-chief and admitting HEADQUARTERS ARMY oF VmGINIA, his disloyalty to that commander. Bristoe Station, Attg'USt 27,1862-6.30 p.m. We may remove his disabilities, if they have not already been re Major-General F. J. PoRTER, Wa?Tenton Junction: GENERAL: The major-general commanding directs that you start at 1 o'clock to moved, but it is a case of suicide; and we can not revive the glory that night and come forward with your whole corps, or such part of it as is with you, so once clustered around his brow, and that might Uccrain be there except as to be here by daylight to-morrow morning. Hooker has had a very severe ac by his own confessed acts of disloyalty. tion 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. We mustdl'ive It is said that an advance would have been unfortunate if he had him from Manassas, and clear the country between that place and Gainesville, gone forward. In civil life the unexpected occurs, and the more so in where McDowell is. If Morell bas not joined you, send him word to push for military affairs. Tell me if it is not true that if in regard to every ward immediately; also send word to Banks to hurry forward with all speed to take your place at Warrenton Junction. It is necessary on all accounts tbnt you thing important that was done or attempted during the whole history should be here by daylight. I send an officer with this dispatch who will con of the war you could not find some man who beforehand said it could duct you to this place. Be sure to send word to Banks, who is on the road from not be done in a case that was successful, or who betorehand said it Fayetteville, probably in the direction of Bealeton. Sny to Banks also that he had best run back the railroad trains to this side of Cedar Run. If he is not with could be done in those cases that turned out not to be successful. you, write him to that effect. Longstreet swears that he would have beaten Porter had he advanced. B.Y command of General Pope. The confederates were in the habit of thinking that they could defeat GEORGE D. RUGGLES, us on every occasion. Porter was a good general: with the best troops Colonel and Chief of Staff. in the service under his command, ten or twelve thousand strong. P. S.-IfBanksis not at Warrenton Junction, leave a regiment of infantry antll two' pieces of artillery as a guard till he comes up, with instructions to ' follow Their \igorous assault would have been felt; in the even-balanced contest you immediately upon his doing so. If Banks is not at the Junction, instruct might have been successful. Colonel Clary to run the trains back to this side of Cedar Run, and post a regi. Suppose that General Hooker had refused to make the advance on ment and a section of artillery with it. By command of General Pope. Lookout Mountain, and had been court-martialed for that disobedience. GEORGE D. RUGGLES, How many able generals would have said that he was justified in re Colonel and Chief of Staff. fusing because he never could have scaled those heights! And Bragg would have given testimony here that he could have crushed him had HEADQ.UARTERS ARMY OF VmGJNIA, he attempted it. Yet Hooker made the attempt and succeeded. Near Bull Run, August 29, 1862-3 a. m. SupposeFarragut'ssubordinates,orderedtopassFortJacksonandFort GENERAL: McDowell has intercepted the retreat of Jackson. Sigel is imme diately on the right of McDowell. Kearny and Hooker march to attack the Saint Philip, had declined to go. How many able officers of the Navy enemy's rear at early dawn. Major-General Pope directs you to move upon Cen would have testified that it could not have been done! And General treville at the first dawn of day with your whole command, leaving your trains Duncan would have sworn that if Farragut had attempted it with his to follow. It is very important that you should be here at a. very early hour in the morning. .A. severe engagement is likely to take place, and your presence wooden hulks he would have blown him out of water. is necessary. Now, as I understand it, not being a soldier, but using my reason, I am, general, very respectfully, your obedient servant, -when an order is gi>en to a subordinate officer it is the business of tha1i GEORGE D. RUGGLES, Colon~l and Chief of SlafJ'- officer to try to obey it, and let the responsibility be elsewhere. Porter Major-General PoRTER. neglected every one of these orders, tried to obey none, refused every one of them, sneered at his commander, and confessed that he did not liEADQ.UABTERS ARMY OF VIRGINIA, . intend to obey his orders; but his duty remained the same, and hisdis Centreville, August 29, 1862. ()bedience was his crime. How would Grant or Sherman, in Pope's Generals 1\IcDoWELL and PORTER : place, have accepted his excuses? Imagine Grant in comma.nd and Sher You will please move forward with your joint commands toward Gainesville. I sent General Porter written orders to that effect an hour and a half ago. man, Thomas, Sheridan, or Logan in Porter's place, and all things else Heintzelman, Sigel, and Reno are moving on the Warrenton turnpike, and must as they were on that day, would they have remained idle, waiting for now be not far from Gainesville. I desire that as soon as communication is es tablished between this force and your own the whole command shall halt. It night, that. they might bivouac at Bethlehem church as Porter did? Im may be necessary to fall ba()k behind Bull Run at Centreville to-night. 1 pre possible. Nay, put McClellan where Pope was and what would Porter sume it will be so on account of our supplies. I have sent no orders of any de .have done? The same flag, the same sacred cause were in the keeping scription to Ricketts, and none to interfere in any way with the movements of of Pope, the same duty on Porter, as though another commander led. McDowell's troops, except what I sent by his aid-de-camp last night, whitb. were to hold his position on the Warrenton pike until the troops from here should .Again, suppose Lee had ordered Jackson to be at Bristoe by daylight on fall upon the enemy's flank and rear. I do not even know Ricketts's position, the morning of the 28th ''on all accounts,'' he (Jackson) being at War-. as I have not been able tQ find out where General McDowell was until a late renton Junction, would he have waited till da.Jlight before he started, hour thi~ morning. Genera.ll\IcDowell will take immediate steps to communi cate with General Ricketts, and instruct him to rejoin the other divisions of hi.& and given for his excuse a dark night, a sprinkle, and wagons in the corps as soon as practicable . .:road, or on the 29th would he have lain within hearing of the fighting If any considerable advantages are to be gained by departing from this order, .u it will not be strictly carried out. One thing must be had in view, that the troops. yell'' of his comrades in arms and given no aid, received his command must occupy a position from which they can reach Bull Run to-night or by morn ers orders to engage witho~t rising from the ground or moving to obey ing. The indications are that the whole force of the enemy is moving in this- 1884. CONGRESSIONAL RECORD-HOUSE. dirC'C'tion at a pnce that "ill bring them here by to-morrow night or next day. The enormous trains are still rollin~: on. 1\1any arrivals, not having hC'C'n :,\Iy own headquartel"'l will be, for the present, wi~h HeintzelmDn's corps or at watched for fifty hours. I :;:ball beoutof provi ion to-morrow night. Yourtruin. thi!':' place. of forty wagons cannot be found. Butiex:pect they knowwhai they arc doin~. JOITX POPE, which is more than nny one here or nnywherc knows. Mnjor-Gcneral Comnuuuiina. F ..J.P. Mr. BAYNE. ?llr. Chairman, this hill has been discussed from ,·arious liEADQ.UARTERS Di' TllE FmLn, .d. ugust ~!.30 p. m. standpoints. One position htkcn by its opponent" is that Congress can ::\IA.TOR-GE::- ~l'hc other witn es were not immediately on the grounu or OYer the named, or if the rond was full of teams that they couldn't find the way. Gcn ernl Porter called two nids and sent them off to investigate the condition of the road that night, but were only n. few miles n.way, and most of them road, or W:lk General Pope to ho.ve the road cleared so !:hat we could come up. knew the road from Warrenton Junction to Bristoe. \Vhcn we got outside tho darkness was so apparent (to use such un expression) Now, listen to what these witnesses say. Nearly all this testimony, and it s<•emcd to be such a mutter of impossibility to move, thnt General Porter so.id: "In considt'ration of all the cir<•um lances I will fix the hour nt 3 o'clock I should have sn.id, was given before the court-martial. instead of 1; you will be ready to move promptly;" and I subsequently wrote General Griffin says: nu order in Gencrt\l Porter's tent for my command to be in line to march &t 3 Que tion. \Vhn.t WllS the condition of the troops under your commnnd on the o'clock. · evening of the 27th with respect to fatigue? Colonel Clary su.y , in reply to a. question as to whether he bud p3SSed Answer. They were much broken down. I mean by tlu1.t that they were very weary. We had o. great many stragglers thut day. over the road that night: Q. State what was the chnractcr of the night between the 27th and 28th of Au I think there were ten or twelve persons composing the party. 'Ve didn't gust. puss over the whole journey that t:Ught; I lost the roo.d nnd laid by for about 2 A. Thenigbtoftbe 27th and the morning ofthe2. th wnsverydark. It rained hours until daylight. .a little about 10 o'clock that night, I should think; very little, ju ·t sprinkled. Q. How did you travel? A. On horseback. Lieutenant 'Veld says: Q. What was tho character of the night·: (~nestion. What kind of o. night was the 27th of August last? A. It wns dark o.nd cloudy. Answer. It was very dark, indeed. I went to bed ubout 10 o'clock, and tbcn the night wu.~ very dark. I heard someone, I think it wus General :\Iorcll, who Colonel Clary al o says: oame into camp before I W<'nt to hNl, saying he ball been trying to lind Gcnerul I wns ut Warrenton Junction on tho 27th of Augu::;t lnst. At 10 o'clock that S;rkcs'shcadqunrterso.nd hn.d lost his way. GcncL·nl ~ykcs't! hcutl<1uurtert> were night I 1·cceivcd n. note from General Porter to move the trnins eu.~t on the rnil very near ours. In the morning ubont. :J o'clock I got up and it was drizzling. roud beyond anu en!'lt of Cedar Run towo.rd Dristoe Station. 1 ga,·e the ortlcr.s General Sykes testifies: to tho proper pcr;;ous connected with tho trains and they commenced imme diately to move. "' * * The removal of the trains ocCtlpi~tlme fromlOo'clock Question. Statethecharu.cterofthenighto.nu any report mndc to you bvvour until o.bout 2 o'clock in the morning, nt which time, or pcrhup o. little later, I niiL ns to the difficulties in starting bcfot· daylight, if any ~>nch were ma 188 . CONGRESSIONAL RECORD- HOUSE. 667. Q. Did the darkness materially impede you in your efforts to find your way to Now, I can not and indeed need not call attention to all that is shown General Porter? by the testimony of these witnesses. But the salient facts developed A. Hdid. Q. And delayed you? are that the night of the 27th of August was dark and cloudy; the wad A. Yes, sir. from WarrentonJunctionto Bristoewas blocked with an immense num- Q. Did you see any wagons on the road over which you traveled? b f th t th d t · ts t 1 t th t 't A. Yes ; the road from Catlett's Station for half a mile westward was blocked er o wagons i a e roa a porn a · eas was narrow; a 1 was up with wagons. We ran into them constantly. The road is there a narrow impracticable and.dangerous to ma,rch troops on the railwad; that the -one leading t.brough a wood, and it was difficult for us to get along: on that ac- troops were fatigued, some of them having marched sevehteen to nine ·COunt. We ran into a tree on the one hand or a wagon on the other without be- teen miles that day·and others twelve to fourteen miles,· that by start ing able to distinguish until we were upon it. * * * * * * * ing at 3 o'clock it was found to be impraeticable to march; and that Q. When you reached General Porter did you speak to him of the condition even the daylight march was difficult in consequence of the obstruc- in which you had found the road? t' d 't · · d · t t' tb t f Ge 1 p rte d A. Yes,sir,Idid;andinanswertohisinquiryconcerningthestat~oftheroad. 10n, an 1 reqmre grea exer1onson epar o nera o ran . . others to clear the way. . Genernls Warren, Buchanan, McKeeve~, Ru~~es, Patrick, and Mm- But there is another salient fact developed by that evidence which ·ill!, Colonels Thompson, Marston, and. Sm1t~, MaJors Hyland and Ear:le, I is more cogent and persuasive than all the others taken together. The Lieutenants Randol, Baker, and DaVIS testified before the West Pomt evidence shows that when Porter received the order to move at l board to substa!ltiall:f the same facts. I o ' ~ock a11d be at Bristoe by daylight-a distance of nine or ten miles General PatriCk sa1d: his corps was required to traverse in about three hours-he at once .l\1y orderlies aud one if not two members of the s~1f dismo~tedatdiffe~ent consulted with Generals Morell, Sykes, and Butterfielcl, two of these otun~s .to fe~ of the ro~d.. It w.as one of the darkestmg~ts, thatmght of the25t.l?-. geptlemen being present the third perhaps coming in afterward He [This 1s evidently a ID.ISprmt; It refers to the 27th, as will clearly appear from hlS ' . . , , · -evidence on page 183, second part , executive document 37, Forty-sixth Congress.] read the order, and handed 1t to one of them With the remark, There \Then I cam~ in with McDowell I got lost on areount of the darkness. .It w~ a is something for a short nap.'' They then conferred together with very dark mght, so much so that we stretched men across the road qmte a dts- fi to th · ti f th d d Ge a111.1 11 G ra1 tance each side lest they should pass by the bivouac, as it was so dark that the re erence e execu on o e or .er, an . ner .LJ. ore , . ene . -opening at the side of the road where the men were could not be seen. Sykes, and General Butterfield all testified before the court-martial that . Colonel Marston says: they advised General Porter not to move at 1 o'clock that night. They give their rea ons for so adv~ing in their testimony. Question. Do you recollect the character of the night of the 27th of August, l862? Now it ne"er has been disputed yet by anybody that General Sykes, Answer. Part of it I do. It was dark, I should say, untill2 o'clock. After that General .Morell, and General Butterfield were loyal to the core to the I don't know how it was. From 9 to 10 o'clock, along there, it was misty and Union cause. That fact has never been questioned. If General But raining a little-fine rain or heavy mist and quite dark. I was out with the -officer of the picket line and lost my way, and it was so dark we could hardly terfield, General Sykes, and General Morell were honest in their.judg .find the way. ment, if they e~ressed to General Porter a conviction of their own as General Warren said before the West Point board that the wagons to the impolicy of the movement, why should they be held to be hon referring to the wagons on the road from Warrenton Junction to Bris est and loyal to the cause and Porter dishonest and a traitor? Why 'toe that night-were pell-mell, parked like the ice that jams on the were they not tried as accessories before the fact? ·shore. A contemporaneous corroboration will be feund in Porter's dis Mr. STEELE. I would like to ask the gentleman a question here. -patch to Burnside from Warrenton Junction on the evening of the 27th. Mr. BAYNE. I have been. compelled to decline interruptions. If In that dispatch he says: "Wagons are rolling along the road as if a I can have time to answer those given to me I shall be very glad, mighty power were propelling them.'' Those in the habit of constru otherwi e I cannot yield. · ing evidence will appreciate the foree and trustworthiness of that kind Mr. WELLER. I ask unanimous consent of the House that the ·Of evidence. gentleman have his time extended. to enable him to answer all inter . Now let me call attention to the testimony of General Myers, whom ruptions. :the Government relied on before the court-martial, and who knew ?fir. COSGROVE. I was ahout to make the same request in behal1 -whether wagons blocked the road or not. General Myers, in answer to of my colleague. interrogatories, said: Mr. MAGINNIS. I would suggest to the gentleman that he finish his speech first, and answer the interruptions afterward. That is the Question. Do you remember the character of that night-the night of the 27th -of August; if so, will you please state it? more ordedy way, and his time can be then extended for that purpose. Answer. I was up nearly all that night. It was quite dark; there was no The CHAIRM:L~. The Chair would suggest that the gentleman moon. occupy 'his time for the hour, aft.er which, if necessary, the Chair will Q. Did* all wagons* go int-o park* or did-*some continue* on the* road? * entertain a request for an extension. A. I think all my train went into park. Mr. BA~E. It is beyond all dispute, Mr. Chairman, that the of He says: ficers to whom l have referred so advised Porter on that occasion, and I think all my train went into park. The wagons were coming in all night, it i~ a well-known principle with lawyers, it is a reasonable proposi ;and I could hear the wagons rolling nearly all night. No trains- tion to every mind, that the jury that sits at the time and on the spot Referring to railroad trains- and knows all the circumstances is better qualified to judge of such matters than men far away, and who know nothing of the surrounding :passed me that night. Question. You have been understood to say that the wagons were rolling all circumstances except such knowledge as they glean from bearsa.y or more night? or less disjointed evidence. There was not, I believe, in that whole Fifth Answer. Yes, going into park as they got along all night; the rear wagons Corps a single man who would have said or who has testified that it ttaking a long time to come up in a long train of two thoqsand or three thousand wagons. • would be prudent to march that night. Not a single witness from that Q. Then they were going into park all night from the road? corps is produced who says it would ha.ve been proper to do so. There .A.. Yes, wherever they could find a place to park they parked. were many produced who said it. would have been impracticable to * * * * move. And now I repeat th':lt this testimony shows, much that I ha"e Mr. STEELE. Whose evidence is .the gentleman reading from? not cited as well as that which I have, that it would have been imprac Mr. BAYNE. The testimony of General Myers. ticable for General Porter to have rendered implicit obedience to that Mr. STEELE. If the gentleman will allow ·me, I would like to order. The spirit of that order was that he should go to Bristoe Station !'l'ead in that connection the latter part of that testimony. as early as it was practicable for him to go; and I say by starting at 3 1\lr. BAYNE. Ifiampermitted tohaveasmuchtimeasisnecessary o'clock in the morning he obeyed the spirit of that order, and if he bad "to answer the interrogatories of the gentleman or other gentlemen I not done so be would have fulled in the intelligent discharge of his duty. will yield cheerfully to interruption, otherwise I must decline to yield. But my friend from Michigan. [1\Ir. CUTCHEO~] sai The directory part of the order of t.he 27th is in these words: of General Porter, and that is he knew that Longstreet commanded the· The major-general commanding directs that you start at 1 o'clock to-night one wing of the rebel army and that Jackson commanded the othei and come forward with your whole corps, "' * * so as to be here by daylight wing. He had been through the Peninsula campaign. He had been· to-morrow morning. acquainted with its history from day to da.y, and he knew beyond all. The reasons given are these: donbt that Longstreet commanded one wing of that army and Jackson Hooker has had a severe action with the enemy, with a loss of about three the other. What did Porter say with reference to the prospect on the· hundred killed and wounded. The enemy has been driven back, but is retiring along the railroad. * * * We must drive him from l\Ianassa and clear the 28th? Porter on the 28th telegraphed General Burnside: country between that and Gainesville, where McDowell is. * * * It is nec I expect the next thing will be a .raid on our rear by way of Warrenton by essary on all accounts that you should be here by daylight. Longstreet, who was cut ofl'. The whole disobedience covers but two hours of time in making a ·Is it not evident that Porter then anticipated the coming of Long start to pursue a retiring enemy. Compliance with the letter of the street through Thoroughfare Gap? Did he not apprehend thatfacton. orde1· was a physical impossibility. Troops in open day and on a good the 28th? That was the day before the 29th. ·what then? With. road can not march three miles an hour. This order required the Fifth this in his mind-and this shows the way he viewed the situation, and Army Corps, consisting of about 9, 000 men, to march between nine and it shows moreover that be might not have given full credit to the views ten miles, in the darkness of that night, over that road in three hours. of General Pope as expressed in the joint order that the enemy would TWENTY-NIXTH OF AUGUST. come on the evening of the 30th or the morning of the 31st-he was The order of the 27th to my mind, however, is by no means the im riding with General :Morell at the head of his division when they came· portant aspect of this case. In my opinion if the charge of having vio in contact with th~ enemy. Kow, let General Morell state the facts. lated that order had stood: alone before the court-martial there would Generall\Iorell says: have been no conviction. The graromen of the charges against General As we countermarched to go there (Gainesville} my division was thrown in Porter relates to the 29th; and l therefore will go from this :first prop- front, General Sykes having already passed on toward Centreville. We had gone· up the road toward Gainesville perhaps about three miles wben I met a mounted o ition to that one. man coming toward us. I stopped him and asked him the road to Gainesville Now, what are the circumstances relating to the 29th? Porter was and nlso the news from the front. He said he had come from Gainesville, and. at Bristoe Station. He received an order from General Pope to march that the enemy's skirmishers were there to the numbe1· of four hundred and the· main body was not far behind. I then moved on up the road, and in a short time his corps to Centreville. ·Centreville we will say is here [pointing to our own skirmishers reported that they had discovered the enemy's skirmishers the left], and in that order there was the allegation that a severe en in their front. The column was then halted by General :Porter, who was with gagement was expected. I will show the improper use that was made me. After a little consultation he directed the batteries to be posted on the crest of that presently. While he was executing that order another came of the ridge we had just passed and the men to be placed in position. to him to march toward Gainesville, which is in that direction [point Why should Porter have directed the batteries to be placed.in posi ing to the front]. He, therefore, had to countermarch; and when he tion on the crest and the men in position if he had not entertained the had marched toward Gainesville up to Da.wkin's Branch, as it is called, idea at that time that the enemy was there? That would have been a. he there became aware of the presence of the enemy in his front. pure work of supererogation if he had not belie\ed the enemy was there. Before I go to the evidence relating to the fact that the enemy was General Griffin says: encountered at Dawkin's Branch, I want to &'ty one word about this Question. Did you on the 29th make a reconnaissance to the fl'ont, or rather Centreville order. It has been said by different gentlemen on the floor, cause one to be made, to ascertain the forces of the enemy that opened their artillery upon your troops? notably by my friend from Iidiana [.Mr. BROWNE], that Porter was Answer. In fact, no artillery opened that I know of. Before that I had a whole· apprised of the fact that a severe engagement was likely to occur. It regiment to the front as skirmisners. I took three mounted prisoners, I know. is true that when he was ordered to march to Centreville he was noti fied in the order that a severe engagement was likely to take place. Yon will discover the importance of these three mounted prisoners But I leave it to the common sense 6f anybody and everybody if, when presently. Q. Do you believe you had in front of you any considerable force of the he received the orders I am about to read, he could imagine or believe. enemy? that an engagement was probable. I will read the order requiring him A. Yes; I believe that in the course of the day I had the larger part of Lee's to countermarch: ai·my. , CENTREVILLE, August 29, 1862. Q. Immediately in front of you, I mean; I don't mean in the remote dis Push forward with your corps and King's division, which you will take with tance. you, upon Gainesville. I am fo1lowing the enemy down the Warrenton turn A. According to my recollection at the time they formed a line o. little pike. Be expeditious br we will lose much. obliquely to our front, extending-back to Thoroughfare Gap. They were CQm- JOHN POPE, ing from Thoroughfare Gap toward us. • Major-General Commanding. Now, lhere is the impression derived by General Griffin on that oc Shortly after receiving the order I have just read Dr. Abbott brought casion. His belief was that the main body of Lee's army wa in their· him what is called the ''joint order.'' Here is the joint order: front during that afternoon. The~ there was something else. When. HEADQUARTERS ARMY OF VIRGINIA, Generall\IcDowell came to General Porter, about 12 or between 12 and Centreville, Augttst 29, 1862. 1 o'clock, he showed him a dispatch from· General Buford, and what You will please move forward with your joint command toward Gainesville. I sent General Porter written orders to that effect an hour and a half ago. Heint was that dispatch? zelman, Sigel, and Reno are moving on ·warrenton turnpike, and must now HEADQUARTERS CAVALRY BRIGADE-9.30a. m. be not far from Gainesville. I desire that· as soon as communication is estab Seventeen regiments, one battery, and five hundred cavalry passed through. lished between this forreand your own the whole command shall halt. It may Gainesville three-quarters of an hour ago on the Centreville 1·oad. I think this be necessary to fall back behind Bull Run, at Centreville, to-night. I presume division should join our forces now and engage at once. it will be so on account of our supplies. I have sent no orders of any descrip JOHN BUFORD, tion to Ricketts, and none to interfere in any way with the movements of 1\Ic Brigadier-General. Dowell's troops, except what I sent by his aid-de-camp last night, which were To General RICKETTS. to hold his position on the Warrenton pike until the troops from here should fall on the enemy's flank and rear. I do not even know Ricketts s position, as Porter was thus aQvised that the rebels had passed through Gaines I have not been able to find out where General McDowell was until a late hour ville, which was, I think, from two to two and a half miles from where this morning. Genera.ll\IcDowell will take immediate steps to communicate Porter was; had passed there at a quarter before 9 o'clock. General with General R1ckett.s, and instruct him to join the other divisions of his corps as soon as practicable. Morell testifies before the West Point board as follows: If any considerable adYantages are to be gained by departing from this order, Question. What was it that caused the halting of the head of your division it will not be strictly carried out. One thing must be held in view, that the where it did halt, in the neighborhood of Dawkin's Branch? troops must occupy a position from which they can reach Bull Run to-night or Answer. There we were met by a man coming in from the front, who reported by morning. The indications are that the whole force of the enemy is moving that Longstreet was at Gainesville, and pretty soon after that the skirmisher& in this direction at a pace that will bring them here by to-morrow night or the of my division met Longstreet's and the report came in immediately. next day. l\Iy own headquarters will for the present be with Heintzelman's Q. Report to what effect? corps or at thi.lace. A.. That they had encountered the enemy's skirmishers. . JOHN POPE, Q. Where were you personally when the head of your column reached the Major-Genera£ Commanding. point where it halted? Generals McDowELL and PORTER. A.. I was at the head of column. We were marching by the.ank. I had just about got to the crest of the descent to the stream called Dawkin's Branch ~ow, is there anything in either of these orders intimating the like when General Porter immediately ordered us to form line on crest. lihood of a severe engagement? On the contrary, is not the intimation Q. How soon after you reached that point yourself that you got information tha.t Longstreet would not arrive until the evening of the 30th or the that Longstreet's troops were in your front? A. Immediately. * * * morning of the 31 t? No prospect of a severe engagement in either of Q. Were not-three men captured there and sent in by you? these orders; and .:vet for some purpose, for what I do not know, the A. There were two or three men there. statement in the Centreville order is lugged into the arguments against Q. Was not that the first intimation you had that the enemy were in your ~~? • Porter to show what his anticipation should have been. A. That may have been the first intimation. There were two or three men That kind of argument results from the weakness of the cause, and sent in as prisoners. I merely questioned them a few words and sent them to should have no place or force in the discussion of this bill. General Porter. The gist ofthi' inquiry with reference to Fitz-John Porter on the after Major Earle testifies as follows, after alleging that the enemy was noon of the 29th is, did he know that the enemy was in his front? Was closing in on the front of Porter: the enemy there, anddidheknowitP Thejointorderindicated that the I also said to the general (Porter) that we were perfectly satisfied that they were enemy had not·come in.to his front, because the joint order alleged that Longstreet's men. I knew that fact from the fact that there were some skir the enemy woulfl not be thereuntil the evening ofthe 30th or the morning mishers captured when we fir t went in, and General Morell told me that they were Longstreet's men. I was satisfied from the direction they came that they ()f the 31st. Now one thing must be assumed as within the knowledge were Longstreet's men coming up from Thoroughfare Gap. f'eneral Porter said -- •. 1884. • CONGRESSIONAL RECORD-HOUSE. 669 'he was s!l.tisfied of that. 'fhen he says, "Get on your horse and take this order tween 11 and 12 o'clock. I wish to c::tll attention to the teJtimony of Jback to Generoll\lorell ;" and he gave me an order. General Longstreet particularly: Which order was to put his troops in position and place them for the Question. What force had you with you there? Answer. I had, as near as I can recollect, twenty-five thousand moo . .expected battle. Q. Was General Lee there with you? Colonel Lake also testified as follows: A. Yes; sir. Question. Were you present when two or three rebel scouts were brought in Q. How was this force of twenty-five thousand men divided; under what commanders-subordinate generals? dn the morning, when you got up to Dawkin's Branch? A: Divided into divisions organized by myself, three brigades each; one under Answer. I was. General Jones, one under General Kemper, and two brigades, called a division, Q. Did you know or hear at that time whose men they were? under Hood, which was organized into another division, really under General A. I know what one ofthem said. Evans, making thr~e brigades. The command under General Rood, however. Q. What was it? retained the name of Hood's division. There was a division under General A. He said they were Longstreet's men. Wilcox, composed of three brigades. * * * · * * . * * Lieutenant Weld says: Q. How early did you come within supporting distance of Jackson? Question. How soon was this after the head of the column had reached this !Tidooc? Kow it will be remembered, assuming this point (illustrating] to .Ai1swer. I don't know. My impression is very strong that they were halted be Dawkin's Branch, Jackson was at that point [illustrating], Pope at when we got there. Q. Was it when you were first at the ridge with General Porter that these that point in front of Jackson, and Porter over here at this point; and rprison.ers were brought in? · if this evidence is t.rue, Longstreet had formed along here. The map A. Yes, it was within a few minutes. prepared by General Grant does not represent quite correctly the situa Q. How many prisoners were there? tion; but., although the lines were not parallel with each other, Long A. 'l'wo, and I think three. Q. Were they in uniform? · street was substantially in front, occupying a somewhat oblique posi A. As much of a uniform as they ever had-a butternut suit. tion with reference to ,Porter, but substan1ially in front. Q. Did you know what they were? Mr. CUTCHEON. The gentleman 'vill allow me to ask whether A. Yes, confederate soldiers. Q. 'Vhut happened when they were brought up to where you and General General Longstreet does not state in his report that Porter was threat .Porter were? ening his right flank; and does not. General J. E. B. Stuart in his offi A. General Porter had a long conversation with them. l\Iy impression is that ·they were sent to the rear. I am not sure about that. cial report state that Porter's column was threatening General Long street's right flank and rear? Now, I can not read all this testimony. Mr. BAYNE. I believe General Longstreet does so state in his report, Is it not clea.r from this evidence that Porterwhen he arrived at Daw but I want to say one word about reports since that question bas been .kin's Branch knew that the enemy was in his fro~t and that that enemy raised. If you take the reports of the generals commanding the was Longstreet's wing of the rebel army? Is it not convincing? There armies in the late war yon will find them as full of errors as they can d.s not one tittle of evidence to confute it; not one tittle. well be. If you take for instance the reports of the generols of the two Now, whether their suspicions were welltounded or not has not yet sides with reference to the transactions of the 29th of August, you been fully ascertained. Allow me to show you how well founded their will find that victory was c1aimed on both sides. That was of course suspicions were that Longstreet's wing of the army was in their front. impossible. Reports were drawn in the hurry of military operations ·Colonel Marshall, comm::tudin6 a New York regi}nent, testifies as fol and are often fa.r from accurate. They do not represent that strict lows: statement of facts which we know to be elicited by examination and • Question. ·wm you now locate on the map where General Morell was when cross-examination. I say that General Longstreet's testimony before .r,ou had the conversation with him about dusk; this was about dusk you say: 'Generall'Iorell told me that he had just received orders from General Porter the West Point board, where he was subjected to a rigorous cross-exami to attack the enemy' and he commenced the attack with four regiments." nation by the recorder, who showed not only great skill but great zeal ·Answer. This force I speak of on theleftwasdeplo_yedperhapsabout3o'clock; in endeavoring to sustain the position taken by the court-martial it might have been Q.bout 3.30 or 4 that I went out" there. Between 3 and 4 I "Sent the first dispatch. It must have been about 4 o'clock, if not later, when 1 General Longstreet's examination-in-chief and his cross-examination -sent my second dispatc::h. by the recorder were infinitely better calculated to develop the truth * * than any reports made by anybody at the time of the events in ques Q. How far back *from Dawkin's Branch? tion. I read further from General Longstreet's testimony : A. Down to just where the timber commenced. Q. On the ridge? . Question. How early did you come within supporting distance of Jackson? A. Yes, not very far up on the ridge; far enough up, where the timber ends, Answer. I thipk by 9 o'clock we were in supporting distance, if he caJled for -so that he could have a view of eyerything going on as much as possible. us particularly. We could have made a move right across the country, instead Q. You say that you told him that it was certain destruction to make any at of going down to Gainesville and then down the pike. }f he had made any tack. Will you state the reason on which you formed that opinion? pressing call, I think we could have supported him by moving across. I never A. The reasons were that there was a large enemy in my front. I can not tell have been across that country since, however, and can not say positively. what they were; they were mostly hidden in the timber. Then, also, this new Q. State how, as you came up to where Jackson's force was, you arranged and ~evelopment of troops on my left~that fretted me. And also prior to going upon distributed your forces. picket I myself went off on my own hook. And when General Porter accom A. Hood's and Evans's troops were deployed at once, as well us I recollect; panied Generall\IcDowell, and made a reconnaissance of that same timber, I saw one brigade with Hood on one side of the turnpike and the other brigade on them go into the limber, and saw them returning. * * * In my. observations the other side, and Evans's brigade in the 1·ear, probably one hundred yards that I made of that point to my left I saw a long line of dust, and I concluded easy supporting distance; three brigades under General Wilcox were thrown .there was a large army, at least a corps, moving down toward our front. The to the left of the pike; the three brigades under General D.R.Jonesto the right -consequence was, when I went upon picket I was prepared in my mind to be and extending up a little heyond the Manassas Gap Railroad; three brigades received by a large force, and I was not mistaken. I found it just where I ex under General Kemper were thrown out in that direction, so as to be in easv fPCCted it to be from these observations made on this hill. supporting distance in case of need by General Jones; all arranged in double line, two brigades in front and one in the rear. Major Hyland testifies, as fol_lows: Q. Did you thus bring forward and distribute, on the line and in the manner you have stated, the whole of your force of twenty-five thousand men? Question. What is the character ofthe country there? A. Yes; twelve brigades. Answer. The country in front of us was quite heavily timbered. Between us Q. How early in the day of the 29th had they thus been stationed by you? .and General Morell's division the country was an open country, with a deep A. I think they had been deployed by 11 o'clock ~n the day. ravine there and a stream running th!'ough it. In front of us it was heavily timbered, and there was also some scrub pine. Now, in the face of this convincing evidence of General Longstree~, Q. Can you state about what force of the enemy .took position in front and corroborated as he is by his chief of staff,· Colonel Marshall, by General right of your regiment, as deployed in advance of General Morell's division, on .the 29th? Robertson, now a reputable lawyer of Richmond, Va., by General A. I could not state the number, but it appeared to be a very large force in Early, by Major Williams, corroborated and sustained as he is by the -deed. experience which Morell had when he made that advance at Dawkin's Q. Can you state how many thousands, or divisions, or regiments? A. I could not state the number of thousands or divisions. !judged from the Branch, corroborated and sustained as he is by the three prisaners who movements and from the commands given that there was a very large force in were captured and taken to General Porter's headquarters, how can any -deed, probably alarget· force than we had. man refuse to believe that Longstreet's wing of the rebel army was in Q. Did you report this force to General Port-er or to General Morell? A. I reported 1t to Colonel Marshall, my commanding officer. Porter's fmnt on that occasion, ready for battle? Mr. CUTCHEON. I wish to ask the gentleman another question. I read from the tes~ony of Lieutenant Stevenson: Is there any evidence that when General Porter received the order to Question. When you arrived at the location of the regiment could you see the attack he knew that fact except from certain dust in his front? .enemy? Mr. BAYNE. I have not yet come to consider the order to attack. Answer. Yes, sir. Q. What was the impression you then formed as to his force? .1\fr. CUTCHEON. Well, when he received thejointorder? A. I judged him to be between twelve and fifteen thousand. Mr. BAY~TE. When he received the joint order he 1.-new it; there Q. Did you see his force of different arms, infant.rr and artillery? is abundance of evidence that he lmew it. When he received that or A. Yes, sir. Q. Did you hear anything to make you think he was receiving re-enforce der be had marched up to Dawkin's Branch. When McDowell came ments? there he was at Dawkin's Branch. They halted there because they A. Yes, sir; I could see the dust rising in the rear of his force; it seemed as knew that Longstreet was in their front. t1wugh they were moving toward the front. :Mr. HERBERT. Will the gentleman yield to me a moment that'! There was the evidence of Lieutenant Stevenson, Lieutenant Davis, may make a statement of facts? I was on that field myself. ·and Lieutenant Wilson to substantiate the same facts. So Major Will Mr. BAYNE. I do not wish to yield much time, as I have so much iams, of the confederate service, O·eneral Early, General Robertson, and matter to go over; but I yield to the gentleman. · General Longstreet all testify to "'the presence of Longstreet's men in 1\lr. HERBERT. Mr. Chairman, I should not have said a word on 1 bat position in front of Genero L Porter and in line ready for action be- this occasion except that in a conversation a moment ago with a Re- 670 CONGRESSIONAL RECORD- HOUSE. J.ANU.ARY 25,. publican friend who believes thatFitz-JohnPorter was innocent I told plated on the part of our troops. The only movement which was con him where I was on that day, and he said he wished I would state the templated by our 'arious corps ·at that time was an. uninterrupted fact to the House. · march on Gainesville. I belonged to Longstreet's corps. 1\-Ir. BAYNE. That is true. And now another thing. Let me call :Mr. KEIFER. What division? your attention to another pQint, 1\Ir. Chairman. McDow.ell himself' Mr. HERBERT. Wilcox's division. IwasunderGeneral Wilcoxat swears that he did not know where he was going when he left Daw that time. I know that we were deployed and in line before 12 o'clock. kin's Branch with his command on that morning, but that his inten My impression was it was much earlier, but certainly it was before 12 tion and his idea, was that he should fall in on the left of Reynolds with o'clock. While we were in line there we waited, not knowing why it a view to forming a junction with Porter, and thus complete the con was we were not carried into the fight. On our left the battle was rag tinuous lines of our forces in front of the enemy. '!IcDowell him elf ing, and we could not understand it and I have never understood the swears, mark you, that he did not know that he was going to the right · reason for our idleness that day until I examined the tes"tiimony in this -of Pope's army. General Porter did not know it. There is not a word case. in any order alluding to it, and if there was an earlier order which Mr. STEELE. Was there not a battle on the 29th? might haYe contemplated such a condit-ion of affairs the joint order of 1\Ir. HERBERT. Yes, on the left. a later date superseded it, because that contemplated, as soon as the 1\Ir. CALKINS. A very heavy one, too, colonel. junction was formed, that the troops should be held in a condition to Mr. HERBERT. Yes. Now, then, we were not engaged in any fall back behind Bull Run. battle on that day. Mr. CUTCHEON. Now, that is the very point to which I wished 1\fr. CALKINS. Wilcox's brigade .went :first to the left, as I under to refer, that the troops were directed to form a junction at that point, stand General Longstreet's testimony-first, to your left, and then the whole Army to assemble there, with the view, if necessary, 9f fall taken back to your right--is that so? ing back behind Bull Run. l\1r. HERBERT. I do not understand the back movements we made. ~Ir. BAYNE. But does not the gentleman see that if MeDowell had I only know the army was in line, and we were not engaged.in any gone. in between Reynolds and Porter the junction would then.have fight on that day. · · been completed and a continuous line formed? Is not, that the fact?' I wish to say in addition just this one single thing. I do not believe, l\1r. CUTCHEO~. Not in the sense to which I refer. and thank God for it, that the Union Army or the confederate army Mr. BAYNH. If there would not have been a junction when thi during the late war furnished a Benedict Arnold. I do not believe force came between the two wings ofthe army and joined them one to that Fitz-John Porter was a traitor to his cause. If I did believe it I the other, let me ask what the gentleman would call it? It would would be the very last man to excuse him from the consequences of have formed a continuous line; it was decidedly a junction, and such his treason. [Applause.] a junction as was conremplated. Nothing but a junction was men .Mr. BAYNE. I think any honorable soldier would say the same. tioned. Where would Porter's force have been put if it had gone in Now, 1\Ir. Chairman, I have more matter from Longstreet's testi there? Would you have had it doubled up on McDowell's force, and mony I would like to read, but I have not \ime to do it. Really, in have Longstreet with his troops on the flank and nobody in force in his one hour it is impossible to go over the facts in this case in such a man front? Would you have left Longstreet at liberty to fall on the flank ner as they should be properly presented. of Pope's army and crush it? We have ascertained the fact, Mr. Chairman, that Longstreet's wing 1\Ir. CALKINS. Since my friend from Pennsylvania has stated that of the army was in Porter's front. What more? The order to Porter he will yield to interruptions if additional time is granted to him (which • to attack, if he was ordered to attack there, came from some other source extension of time I sincerely hope will be granted), I wish to say to ruy than the joint order, leaving out the 4.30 order, which I will come to friend just here, ifhe will permit me, that the difficulty I :find with if I have time. Now, was Porter ordered at that time to attack? Gen his argument is that Porter was then two miles from General Rey eral McDowell is the only witness who pretends to say he was. He nolds's left. His order was to march to GainesYill.e. His order wasr alleges he said to Porter "Put your force in here." Subsequently, he as he understood it, and about which there is no question, that he was said he meant by that that Porter should apply his force at that place. to take the flank of Jackson's force. If he found in his front a body of General McDowell, however, is the only person who testifies to that troops, I ask my friend from Pennsylvania to state to the committee fact. Before the West Point board General McDowell testified that his what there was to prevent him from joining his corps to the leH of Rey order was very '' vague.'' ''I confess to you,'' he said l;>efore the West nolds, and thus make thecontinuousline of battle he speaks ofin front ... , Point board, "my order was very vague;" and in another place in his of the enemy? evidence, ''I do not know how General Porter may have under~tood it, l\1r. BAYNE. The reasons have been fully stated in the testimony. but I meant Porter should apply his force there.'' Five witnesses tes In the first place, he tried to get across the country, but found that there tify, and they are not contradicted, and General McDowell does not was no other method of reachlng the.po ition than by the Sudley Springs contradict them, that General McDowell said to Porter when he came road. He could not get his artillery over, though, as it is testified, he there, "Porter, you are too far out; this is no place to fight a battle." could have taken his infantry possibly. In the second place, it was Fi,.e witnesses testify to that fact, and when Generall\IcDowell is asked certainly the view of General McDowell that his order was to fall in on whether he said that or not he replies he did not recollect whether he Reynolds's left, so astoformthiscompletejunction and continuous line; did or not. and that is as clear as can be, for General McDowell swears to it, and Now, if General McDowell said that, is it possible, under the-ell-cum that restimon;v has not been refuted. Now, if he had fallen in there stances, he could have issued an order to attack when hesaid to·Porter and formed ajunction, the continnousline contemplated bytheorder ''You are too far out; this is no place to :fight a battle;'' that is, away the very gist and meaning of that order-would have been adhered to, fmm the enemy, could he have ordered Porter to apply his force there, the result sought to be accomplished would have been gained, and n~ that is, toward the enemy? These propositions are absolutely irrecon court-martial would have been convened. General DoweU shows that he cilable, and no logic, or reason, or ingenuity, or :finesse can bring them marched and countermarched his force through the country, and that together. · if he had had his own way there would have been the continuous line l\1r. CUTCHEON. I would like to ask the gentleman another ques formed which was contemplated by the order. tion, if he will permit me. The CHAIRMAN. The time of the gentleman has expired. Mr. B.A. YNE. If time iS given me I have no sort of objection. I 1\Ir. HOPKINS. I move that my colleagtie's time be extended. have much matwr yet to go over, and indeed I have really only begun · The CHAIRMAN. The gentleman from Ohio [Mr. KEIFER] is en.. the case I can assure the gentleman from Michigan I do not wish to titled to the floor. · , decline any courtesy toward him within the limit of the time allowed 1\ir. CALKINS. I ask unanimous consent that the time of the gen- me under the rules. tleman from Pennsylvania be extended. I can show by the logic of facts, more trustworthy than what comes The CHAIRMAN. How much time does the gentleman desire? from the lips of any man, that General McDowell never inrended to Mr. BAYNE. About a halfhour longer: attack until he should come in on Reynolds's left and form a junction 1\Ir. STEELE. I think I shall be compelled to object, for the reason with Porter. that the gentleman has declined to answer any questions which were Mr. STEELE. He swore he did. propounded to him on the ground that his time must be :first extended'. Mr. BAYNE. I have giYen you the benefit of all he said.. Mr. ROSECRANS. I hope the gentleman from Indiana will not ob Mr. CUTCHEON. :My question, if the gentleman will allow me, ject, since the courtesy of an extension was given to him. is on this point, and I hope the committee "\viii indulge him if I take Mr. STEELE. I shall not insist upon the objection. . any of his time. It is this: Was not the ~;mtire object of the move · l\1r. BAYNE. I told the gentleman at the time that I would cheer . ment for Porter to press through and connect with our right wing, and fully yield for questions if I could have time. would not an advance accomplish that, and would not a retreat retard Mr. CUTCHEON. I desire that an understanding should be arrived it, and would not the logic of the facts be that McDowell would require at with reference to this matter. This courtesy was extended to this an advance rather than a retreat? side of the House in my own case, and also during the remarks of the 1\Ir. BAYNE. The joint order did not say anything about going over gentleman from Indiana; but as General KEIFER is to follow in this di& to our right. · · cussion, I trust when that time comes if he shall want an extension 1\Ir. MAGINNIS. This kind of debate goes for nothing, but I under it will be accorded to him, so that there may be full and free debate upon take to say, Mr. Chairman, that t~ere was no such movement contem- this 8Ubject and ample opportunity to express our opinions upon it. 1884. CONGRESSIONAL RECORD-HOUSE. 671 The C'HAIRUA.N. The gentleman from Indiana asks unanimous I Y 7 o'clock when out the letter of the joint order and so have· obviated all criticism. I I got back, as near as I can recollect. Q. Did you see Captain Pope that evening, or do you know him? can not doubt but that the movement and conversation of McDow3ll A. I do not know him. led Porter to believe that be was going to do that. Indeed, this propo Q. Did you see that evening one who professed to be a messenger from Gen- sition is made clear by the evidence. General McDowell says in his eral Pope? . A. Yes,sir. testimony before the West Point board, in reply to a question: Q. Was he there when you got back, or did he come aft-erward? Question. In that hour or hour and a half, whichever it was, your purpose A. He came afterward. was to be going around with your troops on the Sn -order for an attack was given; he had marched some distance to the Mr. BAYNE. I decline to yield further. I am arguing my ~ide of rear. the case. I say General Reynolds swears he did not heal' musketry firing :Mr. BAYNE. I have cited the testimony of General Morell, but until about 5 o'clock in the evening. The only thing left was the can hn.>e not time to read it all. Colonel Locke testifies that they went in nonading. There was cannonading, and that they heard. Porter · -there, that Colonel ~farshall advanced, and General .Morell got his troops heard it; the whole Fifth Corps beard it. General Porter sent out in in position and was about to make the attack, but under the protesta quiries time and again until all his messengers were exhausted-he sent tion of Colonel Marshall and others that it was too dark, and that the to McDowell, he sent to King, he sent to !Sigel, to know what was going -enemy were in a too strong position, they concluded to withdraw. on and what the de igns were. One of these dispatches was produced, Nobody can read that evidence without coming to that conclusion. and in that dispatch Porter said, ''I shall· fall back on Manassas; from I hn. ve t..Qld you who the witnesses were, and if you will examine their t.he sound of the cannonading our forces are retiriig." That was his te timony you will find that it is exactly what I say. idea, that our forces were retiring; yet he retained his position, doubt Mr. STEELE. Morell says that be would not attack because it was less awaiting definite information or an order as to what he should do. too ln.te; that is all. What is the meaning of cannonading? You hear the general statement l\fr. BAYNE. Another thing; the 4.30 order contemplated an attack of military law that a force is bound to march to the sound of the Then he says: • Mr. KEIFER. I had the honor to be near the gentleman in about Now, it seems to the board that it should admit any evidence which it would the first battle (Rich Mountain) of the war, if not with him. ~ prope_r for the President to listen to, were he personally examining the case M.r. HORR. .And you obeyed his orders, I suppose. w1th n. v1ew to determining whether or not he should exercise his constitutional power of pardon. On the application for the exercise of the pardoning power Mr. KEIFER. General Porter reported to General Pope in pel'SOn nothing can be more pertinent than evidence that one of the witnesses decl~ the morning of the 27th of Augn t, 1862, at Warrenton Junction7 hav contrary to or inco~istent with the testimony given by him at the trial. No ing been ordered to do so at Aquia Creek on his return from Harrison's d~~~~·1ty vested w1th the power to pardon should refuse to listen to such evi- Landing. At 4 p. m. of that same day he sent a dispatch to General Skipping along, he says : . Burnside using the following among other expressions, which my dis ~guished frien~ from California [Mr. RosECRANS] would call grum These _facts in ~he opinion tf the board amply justify a departure from the r~tJe whiCh req~ues that a cross-examination should precede the proof of incon bling. Let us listen for a moment or two to the grumbling: siSteut declarat10ns.-8enate Document 2008, pages 1054, 1055. We n.re working now to get behind Bull Run, and I presume will get-there?\ a few days if strategy don't use us up. The strategy is magnificent and tactics in General Terry had in his mind that if General ·Porter had been im the inverse proportion. J was informed to-day by the best authority that in op plisoned they might have proved, as tending to vindicate him, his good position to General Pope's views this army was pushed out to save the Army of conduct while a convict in a cell. He looked at it as though they ~he Potomac, an army that could take care of itself. Jiost of this is prival11, but if you can get me away do so. must try him by things that took place after the conviction more than tho e before. .And so they admitted testimony in that view. The confederate army was around him and he was telegraphing to b6 But the president of the board, not a good lawyer, not a lawyer at gotten away. On the same day he sent the same officer another dis all, wa8 not patient under this more careful stateme"D.t of General Terry, patch, using this langullccre: Please hasten back: the wagons I sent down,a.n.d inform McClellan, that I may and he bUTSt out at that point to tell us how he viewed it ; and let me know that I am doing right. read that: • The board desire to add to that also that the military code under which we The signjficauce of this will appear a littl6 further on. Again, on nre aciing,_whether it be the common law of the military service or the Articles August 28, he dispatched to the same officer: o~ 'Jar.as I!1terpreted_ by uniform decisions of courts, impartially forbids any All that talk about bagging Jackson is bosh. T.&at enormous gap Manassas d1stmct10n m our act10n or in our minds between-my tes~imony given by an was left open, and the enemy ju.m.ped through.. The story of Mcl>o,;,ell having officer of the Army under oath before a court-martial and his deliberate state cnt off Longstreet had no foundo.ti(>)n. The enem.ydestroyed an immense amount .m~n~~ of property at Manassas-wagons a:n.d supplies. I expect the next thing will be lf~ning out of court- . a raid on our rear by Longstreet, who was<:ut otr: ·e-ither in the form of officin.l reports or other declarations. · .Another dispatch to the same officer, by GeM-ral Porter, datedBris- He proceeds: toe, A~"llSt 28, 9.30 in the morning, closes as follows: · The obligation is held universally to be the same in both cases. The penalty I hope for the best. My lucky staar is always up.lili.cwt my birthday, the 31st and I hope l\IcClellan's is up also.. You will hear of 1ltS soon by way of Alex: for falsehood in military estimation is the same in both. andria. Whether a man had indulged in loose talk on the streets or else That is, we \\"ill have retreated there in a short time. where or had written a letter or had sworn to it. before a court, this :Mr. R08ECRANS. Washe no-& prettynearrigitt in all thesethings? president of the board ofinquirythoughtthe saruesolemnityshould be 1\ir. KEIFER. By his conduct it became a ·t'u:lfilJed prophecy. To attached to all alike. AH the members of that board acted, in that re the same officer he telegraphed again from. :Bristoe at 6 in the morn hearing as they call it. of that case, on that theory. .And what does he ing of August 29: say about accepting the evidence? Heintzelman and Reno are at Centreville, whe-re th~ marched yesterday. Therefore we did not and can not in. this case recognize any difference be- Pope went to Centreville with the last two as a bodyi;U8-rd, at the time not • tween the sworn testimony presented here of record in the trial of Fitz-John knowingwhere was.tbe enemy, and ~nSige-l was tightin~with i neight ruiJes, Porter before a court-martial and deliberate statements in reference to that im of him and in sig-ht. Comment is unn~ce ·sary. I hop Mac's at work, and we· portant case designed to affect either public interest or personal right~. We w ill soon be ordered out of this. It wowd seem from proper statements of th& therefore admitted all printed published declarat.ions of witnesses before that ene-my that he was wandering aroumUoose, bat I expect tbey know what they: court to be considered, here in that light. are doing; it is more than any one here oc anywhere knows. So that anything, everything was regarded as testimony; and when The foregoing and other language like it enables us to see the then. they got through they summed up and say ·'in the light of the evidence state of Pmter's mind, and to discern his prupos6 of future bad action we find certain facts.'' so far as loyalty to his commanding general was concerned. These I give this, Mr. Chairman, in order to fix particularly the assumed dispatches need no critical analysis to enable us. to know, first, that he nature and character of this illegal and illegally constituted board. Of did not want or intend to fight under Pope; second, that while here the individual members of the board as soldiers I have nothing to say but garded the enemy in great strength around him, he wanted at once to. the kindliest things. General Schofield as well as General Terry were get away and to be ordered out; third, that his. disloyalty to Genei'Jl distinguished officers; and General George W. Getty, the other mem Pope was so great that he wanted General McClellan to be informed ber of the board, less spoken of here on the floor, is the peer of either of it, that he might know that he was ''doing right,'' and that is the of them as I belieYe, and I think I know from long personal contact interpretation General McClellan put on it; fou'rth, that in advance of with him in the field. But when the board assumed a grave duty and a batt]~ he prophesied what by hls subsequent action was ful:filletl.: acted as though it rested upon it thus lightly; when they took no lawful "You will hear of us soon by way of Alexandria." That indicated a oath to try the case, and were under no obligations to do anything more settled purpose on his part to so behave as to ultimately' retrea.t to. that than perhaps what Generals Terry and Schofield say, as I have read place. · that is, in effect, to find an excuse for the pardoning power-1hen its Other significant deductions might be drawn from tbese dispatches. action should not be cited to control or govern this body when it under His di patch from Bristoe Station, dated 6 a. m. August 29, was writ takes to review the case. ten wbile he was delaying obedience to the order to move to the battle As an illustration, the Schofield board reached the conclusion that field at the first dawn of day that same morning. Instead of moving evidence-using their language-" of bad animus" on Porter's part is b.y the dawn of &ly of the morning of the 29th to the battlefield, where immaterial. Such a conclusion stamps thew bole proceedings with con he had been summoned by an order dated 3 o'clockofthatsame morn demnation. In all prosecutions for crime, the animus with which the ing, we find him at 6 o'clock at Bristoe Station, writing a dispatth to act is committed is of the first importance. Certain acts of a criminal General Burnside, away off somewhere, asking t.o be taken away from character imply bad purpose and guilty knowledge. Bad intention o l there. Afterward he offers excuses about not being able to obey the the part of the accused must in some cases be proved to enable the court order, although at 6 o'clock in the morning the sun was shining high or jury to find guilt. If it can be shown by the words or acts of Gen in the heavens. eral Porter prior to his alleged disobedience of orders that he was du. It was a matter more important to him to write a dispatch, disloyal loyal to hiS commanding officer and had an aversion to being in bib to General Pope, than to hasten with his troops to the scene of the en comma'lld and bad a settled purpose to go with his own command away gagement; and the dispatch to Burnside that Pope had gone to Centre from him and from the scene of the impending battle, it will be easy to ville with two corps n.."' a body-guard was not only shamefully disre understand his delays and failures to obey positive orders or to move spectful to his commanding general but it was absolutely false, for he. into battle when the angry roar of cannon and the rattle of musketry had no knowledge of that kind and it neYer was the fact. summoned him there and to duty. After fhis clear insight into the motives, purposes, designs, and un Ur. ROSECRANS. I would like the general to answer me a ques military conduct of General Porter, we hardly need to expect1ess than tion. flagrant disobedience of any important orders General Pope might issue Mr." KEIFER. Be brief. to him. It is easy to believe General 1\IcDowell's statement, made Mr. ROSECRANS. Does not the general know that the Army is under oath before the court-martial, that be told General Porter, "You full of grumblers alwa:ys. and that the people who grumble at their put yoU?· forces in llere" (pointing in the direction of the enemy); and superior officers can not justly be accused of a liability to fail their thereupon Porte1· (putting his hand in the direction of the dust rising country becau e they are ill-natured about their officers? Is not that above the tops of the trees) answered: "lVe cannot go in there anywhere the experience of all? without getting ·into a fi.qltt." Poor fellow! He was not there to fight; Mr. KEIFER. My distinguished friend may know more about grum but to be heard from ''by way of Alexandria,'' as he was shortly after. bling in the Army than I do. But when I served with him and under The reply of General McDowell to that unmanly and cowardly remark him I never grumbled at him. [Applause on the Republican side.] of General Porter was good and soldierly: "That is wltat we came here Mr. ROSECRAKS. Thank you. for, Genlrral Porter." But the reply had no effect on Porter. He ad- ;::;--·. 1884. CONGRESSIONAL RECORD-HOUSE. 675 hered persistently throU«hout the day to his purpose not _ ~ engage the Porter did right in not literally obeying the order to march to the bat enemy. tlefield, and they set forth in support of that view that there is a dis Betore dismissing the question of the animus of Porter, I wish to cretion to be exercised by a subordinate officer in obeying orders. Gen give the judgment of his best friend on his cond11ct during those mo eral Grant's letter, which makes up a large part of the brains in the mentous days, including the second Bull Run-the friend to whom he report of the majority of the military committee-forthe author of the appealed through his dispatches to know whether he was doing right. report must have supposed he belonged to that same three hlmdred This fi·iend may be assumed to have known him and his motives, and characterized by him the other day as know-nothings-General Grant'~ no doubt interpreted his actions better than could any other person letter, I repeat, says: ''It is never true that a subordinate lt.as a 1-igltt to ex· living. He had his anxious eyes upon him, and not disinterestedly ercise discretion on the subject of obeying his superior officer's order if a either. Promptly on learning of his bad conduct this officer was battle is raging." alarm¥, and fearing it would be repeated, he wrote him from the War Now, we will soon see whether: there was not a battle raging. A Department at Washington a letter such as only a guilty man could discretion is only exercised when the conditions under which the orrl~r complacently receive without regarding it as a gross assault upon his was issued are changed and when the changed condition coU.:~ JOt honor as a soldier. Here is the convincing letter: have been known to the officer giving it. The discretion of an ofhcer W AB DEPABT.MENT, September 1, 1862-5.30p. m. relates to means, not ends. It relates to his doing more than his order This was two days after the close of the battle in and around Manas requires, not less. He is to interpret his order when a battle is rag sas_ Listen ! ing to do everything within his power with all his command. The I ask you, for my sake, that of the country, and of the old Army of the Po soldier's mission is to fight. War is without affection; it means devas tomac, that you and all friends will lend the fullest and most cordial co-opera tation, destruction, death. It never justifies a subordinate officer in tion to General Pope in all the operations now going on. The distresses of our so interpreting an order as not to require him to go into battle with country, the honor of our arms, are at stake, and all depends upon the cheerful co-operation of all in the field. This week is the crisis of our fate. Say the same his command on account of his own personal safety or that of his thing to all my friends in the Army of the Potomac, and that the last request I troops. have to make of them is that for their country's sake they will extend to Gen I need not in this presence discuss the question of discretion on the eral Pope the same-support they ever haye to me. I am in charge of the defenses of Washington and doing all I can to render subject of cbeyingan order. Almost one-half, if not quite one-half, of your retreat safe, should that become necessary. the members of this House have been officers or soldiers on one side or GEO. B. McCLELLAN, the other in the most memorable, sanguinary, and destructive of all Major-General. · Major-General PoRTER, modern wars, and to either side may I confidently appeal to support Centreville, commanding Fifth Corps. the point I make, that it is never the duty of an officer to retreat in the presence of an enemy when any of his fellow-soldiers are in the Listen to the opening sentence again: conflict. I ask ofyou for my sake- The military autho~ities lay down the only safe and wise rule. De To do what? To do what you have not been doing-to be loyal to Ha,rt, in his admirable work, has collected the experience aud judgment your commanding officer. No; General McClellan would have cut his of all the ages in the rule he lays tlown when he says: right arm off before he would have addressed such a note as that to Hesitancy in the execution of a military order is clearly, under any circum General Rosecran ·, General Sheridan, General Phil. Kearny, or any stances, a serious offense, and would subject one to a severe penalty, but actual other of the host•of loyal generals of this country who were always disobedience is a crime which the law has stigmatized as of the highest degree, ready to bound to the placeofdutywheneverdutycaJled. [Applause.] and against which is denounced the severe penalty of death. Nothing buta settledconviction on the part of General McClellan that Now, did Porter disobey orders.? I will spend but a little time, for Porter had been a traitor to Pope ever induced him to write that let I have not much to spare, on this subject. It is admitted-and I have ter. [Applause.] tried to keep on undisputed ground-it is admitted, Mr. Chairman, Mr. ~LA..GINNIS. Will the gentleman allow me one word? that General Porter received an order prior to 1 o'clock on the morning Mr. KEIFER. If the gentleman will ·:not draw me away from the of the 28th of August, when he was at Warrenton Junction, ordering line of my argument. him to move at 1 o'clock a. m. to Bristoe Station, and which order .1\lr. MAGINNIS. Did not General McClelJan write that letter at commanded him to reach there by daylight. Nobody disputes that. the request of President Lincoln, assuring President Lincoln that in He was nine miles away fromBristoeStation. He called his officers about his belief no such letter was necessary ? him and showed the order to them late at night, not 1 o'clock at night; ~!r. KEIFER. Then General :McClelJan had the concurrence of but he told them there was ometbingto sleep on; not to execute, but to President Lincoln that Porter was disobeying orders. (Applause.] I sleep on. One o'clock came and he had not moved. It is said thatthe do npt know whether General McClellan was requested to write that head of his column moved at 3 o'clock, and he executed that great letter or not, but if }le was, that is the answer. march of nine miles with his command, reaching Bristoe Station after I v.-ant to go back tor a moment to the report of the board of inquiry. 10 o'clock next day. He could have marched it, reaching there at the I want to refer to•one matter which will perhaps come in here as well time he did, after 7 o'clock in the morning, and not marched more than as anywhere else. I supp(>se I am at liberty to conclusively presume three miles an hour. Two and a half miles an hour is ordinary and that Porter and his friends here on this floor and elsewhere believe that easy marching, including rests, for large bodies of troops. this board of inquiry was right on this point. Let me read it.: } take nobody's testimony on that question. I stand here in the Porter's faithful, subordinate, and intelligent conduct that afternoon saved presence of a score and more of men who know the road from War the Union army from the defeat which would otherwise have resulted that day from the enemy's more speedy concentration. The only seriously critical period renton Junction to Bristoe Station, who, as well as myself, at different of that campaign, t1amely, between 11 a.m. and sunset of August 29, was thus times have marched over it by night and by day with infantry troops safely passe tion to prove that he disobeyed the joint order to McDowell and him Mr. KEIFER. He left that gap at night because Stonewall Jack &elfto move to the :field of battle early on the morning of the 29th. I son's troops were between him and Pope's main force. do not care enough about it.' I do not think that a soldier :fit to com Mr. RosECRANS rose. ' mand a corps in the armies of the United States needs to have an express Mr. KEIFER. The gentleman will pardon me. I can not be di order to move to the battlefield when the thunder of cannon was sound verted from my present line of argument unlesi my time is extended ing in his ears. [Applause.] General Porter also excuses himself be further. I want to read from the report of the confederate general J. cause be says (in one of his petitions, I believe) be ~ave a double con E. B. Stlilart on the subject of troops in front of Porter. ~eferring struction to that order. The double construction which be gave was to the approach of an enemy from the ~ction of Bristoe Station, be always such that be bad one altern~tive, not to go into the :fight, and says: • that is the alternative be always adopted. But be was commanded by The prolongation of his line of march would have passed tlirough my posi that order to move to the battlefield, and be did move in that direction; tion, which was a very fine one for artillery as well ns for observation, nnd struck Longstreet in flank. I waited his approach long enough to ascertain that but as he approached it and found the enemy (Stuart's cavalry dragging there was at least an army corps- brush) in sight, be did not proceed to attack or reconnoiter, but he veered off from the proper field, retreated toward .Manassas, and settled That was Porter's- at the same time keeping detachments of cavalry dragging brush down the himself down like a Christian gentleman, I suppose, under the eaves of road in the direction of Gainesville so as to deceive the enemy-a ruse which Bethlehem church. [Laughter.] He said be could not obey the order General Porter's report shows now was successful. And I notified the com- . deliverod to him, dated 4. 30 p. m. on the afternoon of the 29th, because manding general, then opposite me on the turnpike, that Longstreet's flank it was.received too late. But on his own statement it was still not too and rear was seriously threatened, &c. late to have gone into the engagement, for be pretends to have attempted It seems Longstreet was there with some of his troops, but Stuart, the execution of the order. But give him even to the hour of 6 o'clock, commanding only cavalry, seeing a whole corps of infantry was coming which is after the time the order was received. We find by the official on his flank, deceived Porter by dragging brush along the Gainesville reports of Union officers and confederate officers, from commanding gen road and raising dust. And this dust was enough to turn this now erals down, that they were able to fight until9 o'cloGk that night within claimed-to-be great hero off with his entire corps in search of a church easy hearing of the ears of General Porter~ Then he had three hours in under the shadow of which he ~ight lie in peace. which be could have gone to the relief of his comrades, already at death The same thing will be found in General Lee's letter to Porter dated grips in that bloody conflict. I will not stop to weigh that testimony, the 31st of October, 1867. I come now to the question as to whether but give you another circumstance, which is, to my mind, most signifi Longstreet's whole corps was there; and some very singular things cant. crop out. I admit there is a letter here dated in 1870, signed by General General Sykes, loyal to GeneralPortertben, waswillingtoswearand R. E. Lee, stating in general terms that Longstreet's whole corps was up did swear before the court that when the 4.30 p. m. order was deliv in the afternoon of the 29th. But before me is a letter of General Lee ered· to Porter he concealed its contents, and although be spent that bearing date the 31st of October, 1867, in which be says, speaking of evening and all tlie coming night with him he never learned that Porter the troops which had come up: had that order to go .into battle, although he was a division commander Longstreet's whole force, except Anderson's division, Wa!l up, and that arrived and waiting to receive orders from him. Nay, be did not tell his offi next morning. cer next in rank to him that be was ordered to move his whole corps Then Andersou's division, according to Lee, did not get up till nexi into the battle. Sykes did not bear of the order until the next day. It moi'D:ing. Now, I state here upon the authority of men within t.ke sound is true that Porter, after receiving andconcealingtheorder, dispatched of my voice that General D. H. Hill's division of Longstreet's corps did Morell, whose division was in frontofSykes's, directinghim to take four not an·ive until after the battles of Bull Run were fought and ended, regiments and deploy skirmishers in there and make an attack, looking including the 30th of Au~ust. If there is any man here who belonged out memwhile well for his rear. And that is .all that we learn of the to that division he will not deny it, and of course if D. H. Hill's di attempt made by him to comply with this order. Some officer had re ~ision of Longstreet's corps, as be reports-and there is abundant other ported to Morell that the enemy were advancing, and said they seemed testimony to same effect-did not reach the battle-field of Bull Run or to bein great force. "A whole brigade"·was the language used. That :Manassas, then we have got, according to General Lee's letter as to · report went to Porter at almost the very moment he received the 4.30 Anderson's division, the fuct established that two divisions of that p. m. order to go into the battle. He ~hus bad notice from .Morell that corps were not there on the 29th. there was a whole brigade advancing in his front, but he sent out four Instead of lt.aving that corps of Longstreet's, twenty-five thousand ·regiments and bad them soon after withdrawn, and now his friends claim strong, there, we have two divisions away; and I will presently show what that he did the best he could to execute the order. is still worse for Porter's case. The battle was raging, and I will show But Porter is excused by the board and by others. They claim that you in a moment or two that there was a great battle ~oin~, and the if he had gone into the battle at that time he would have encountered critical hour of the battle had come, w ben General Pope, discerning, as a superior force and. met with a disaster. I do not shrink, Mr. Chair a great general ought to discern, that the supreme moment had come, man, from wrestling with t4is question also, for it is capable ~f com sent that 4. 30 order to Porter to attack at once, and Porter should have plete and perfect demonstration that such is not the case. But What obeyed it, because Pope had put in all his other available troops. General if it had been? Suppose it to be true. Suppose ·as a matter of fact T. J. Jackson-Stonewall Jackson-says the atta.ckwas so impetuous, that Porter had Longstreet's who1e corps before him. He did not know so persistent, and so overwhelming, that he appealed to the command it. Some of these men pretend to say that be knew more than any ing general, Robert E. Lee, for assistance; andbesaysbutfortbetimely bOdy else knew in reference to the matter. But Morell, who was in arrival upon his right of Longstreet's forces the issue of the "Qattle might front, did not so .rnport; and there is that grand, gallant soldier, Col. have been different. Who came there? Who went there? General B. F. Smith, g-,me to his long account years ago, who says that during Hood's division of Longstreet's corps left Porter's front and went in on the whole of that day be wru~ all tho time on the advance line, and so Jackson's right1 and attacked the troops under Pope on his left. at the swears in the testimony befo"e the court-martial; that he was all day critical :r:noment. At this juncture Porter should have certainly been sending the latest news as to the presence and fqrce of the enemy, and in the fight. Not Hood's division alone, but the brigade of Evans from he was not able to discover a considerable force before them; and yet the corps of Longstreet joined Hood's division and also went into the it waa through Smith that Porter got his information. Porter did not fight, and turned \he battle against the Union forces, when poor, cring know Longstreet was before him, if it was true that be was there. But ing Porter was laying off on liis elbow, resting his head upon his hand, was it true that there was an overwhelming force in his front? waiting for some excuse to move his troops farther to the rear. I see Mr. ROSECRANS. I would like to ask the gentleman a question. before me one wao wears the insignia of war, an empty sleeve-Colonel Mr. KEIFER. I have no obj~tion, if I have sufficient time. OATES, of Alabamar-and be was there under Lee, and knows whether Mr. ROSECRANS. How far is it from Thoreugh:fare Gap to the field Hood's division and Evans's brigade of Longstreet's corps went in. and of battle? decided that conflict at a critical moment. · Mr. KEIFER. 'lhe exact distance I can not state. Now we have three divisions away from Longstreet's corps, and yet Mr. ROSECRANS. It is about nine milf'S. Porter says he could not safely attack. Wilcox's division is left, out of Mr. KEIFER. I think that is about the distance. which Evans's brigade may have come. Of course there was cavalry ,Mr. ROSECRANS. Do we not know Ricketts had left Thoroughfare there; Porter could not go in; he might get whipped! Gap before Longstreet occupied it on the 29th? But he has. written letters since to find what the situation and num Mr. KEIFER. We know Ricketts retired from it in the night, but ber ofthe troops were in his front. He put the question and asked for we did not know Lo.agstreet was coming to the position he took on the a categorical answer from General Robert E. Lee to know what would field any more than to any other. 1 have been his fate if he had fought, and Lee, a judicious, careful, and Mr. ROSECRANS. Had not Ricketts got out of the ~ because he prudent soldier, said : 'Yas afraid of being overwhelmed 'r The probable result of an attack on Longstreet after 12 m., with less than twel-oe ~·KEIFER. Yes. Rickettswasofthecourt-martial; andheknew thou&and men, would ha'Ve been a repuLse. all that country and the distances better than General ROSECRANS or "The probable result. n Then we find this officer of our Army pro myself can know them. He was seriously wounded in the first Bull tecting himself behind the probability that he would have been re Run, and be fought his division through the whole of the second. pulsed if he had fought, and hence he claims to have been justified in Mr. ROSECRANS. It would be a fair thing for the House to bear disobeying the orders of General Pope. Had be_attacked, Lee could ' the gentleman say in his argument whether or no General Rickettsleft not possibly have used Hood's div.is:ion and Evans's brigade of Long· that gap early in the day because he was overwhelmed? street's corps to support Jackson in his battle with other troops under 1884. . CONGRESSIONAL RECORIJ- HOUSE. ., 677 General Pope. If the effect had been by Porter's attaek on Longstreet, was understood that the battle would turn ~pon the result, and he eame as ordered,• to have kept Hood and Evans there, then Pope would have out of it with only fifteen hundred men. .~ut Napoleon won a great overwhelmed Jaekson's forces, as Jackson in his report says he appre- victory. He did not say to the great·wa~\:>f that day, "I will prob hended, and we would still have had a complete victory, still have had ably meet with a repulse,'' and then ret~ to obey orders. success; and if there had been no other object on the part of General In that memorable winter battle in the forest in and around Hohen Pope in ordering Porter into this battle than to keep Longstreet's forces linden there was a general officer who had an indefinite order to move employed, whatever were there, it would ha:e been a sufficient reason by night upon the Austrian flank and rear. He had no summer night for his issuin~ that order. to move his troops in; he bad no plain road to move upon. He had a I do not eare to stop and read all these reports; I do not care to get,into dark December night, with a dense forest about him and a driving these questions. I have stated the main features and the main facts. storm of snow enveloping him, and only a timber road to march upon. It is said that there was no great battle raging. I do not know how He was ordered to move to a position to strike the enemy in the rear, far it is proper to use the testimony of others on this floor which I would as was Porter on this oceasion at"Bull Run. like to use. There is certainly one gentleman [Mr. OATES] who rode to The CHAIRl\1AN. The time of the gentleman has expired. that battlefield after the battle was over, after the troops had marched Mr. KEIFER. If I ean be allowed ten minutes more I will be off. He went back there to view the sad scenes of death and destrnc- through. tion. He tells me that when he reached the scene of this conflict of the Mr. BROWNE, of Indiana. I presume there will hardly 'be another evening of the 29th of August, 1862, he was obliged to dismoUllt from speech to-llight; it is now 4 o'clock. I hope the gentleman from Ohio his horse and tie him, so that he might get along among the dead; that [Mr. KEiFER] will be allowed to conclude. • there were so many dead 1here that he could not ride without his horse Mr. KEIFER. I am very nearly through. trampling on them. 1\Ir. BROWNE, of Indiana. I am sure there will be no objection to Stonewall Jackson was not mistaken when he said that there was a extending the time on the other side when desired. We have been very a battle there. Speaking of the conflict of the evening of the 29t~, he liberal up to this time, and I hope that liberality will be continued on ~= ~~~ . As oae line was repulsed an9ther took its place and prt:ssed forward, as if d~ The CHAIRMAN. · Consent is asked fm; the gentleman from Ohio termined by force of numbers and fury of assault to drive us from our pos1- [Mr. KEIFER] to proceed for ten minutes longer. tion. So impetuous and well sustamed were these onsets as to induce me to There was no obiection, and leave was granted ay his troops Marengo, in Italy, was lost, when Napoleon, with many of, his best • with their accustomed steadiness, and the battle raged with great fury. · The eB· generals and marshals under him, was overthrown and in full retreat, emy was repeatedly repulsed but again pressed on the attack with fresh troops. Once he succeeded in penetrating an interval between General Gregg's brigade he looked anxiou'sly for the coming of one who had no orders to move on the extreme left and that of General Thomas, but was quickly driven back to that field, but to another. There was one of his marshals who had with great slaughter by the Fourteenth South Carolina Regiment, then in re- been dispatched to a distant point (Novi), away off from the field of serve, and the Forty-ninth Georgia, of Thomas's brigade. The contest was close and obstinate; thecombatantssometimesdelivered their fire at ten paces. Gen- battle, as it turned out. But that nlan was a brave soldier. He had eral Gregg, who was most exposed, was re-enforced by Hays's brigade under fought upon the sandy plains and under the burning sun of Egypt. General I<'orno, and successfully and gallantly resisted the attack of the enemy H h d b tl d f hat h t f Wh h until, the ammunition of his brigade being exhausted and all its field officers e a ut. recen Y returne rom t t ea er o war. . en t e bat two killed or wounded, it was relieved, after several hours of severe fighting, first distant sound of battle came to his ear he halted his column and by Early's brigade and the Eighth Louisiana Regiment. Geneial Early drove listened. He put his ear to the earth to catch the sound more clearly; the enemy back with heavy loss and pursued about two hundred yards beyond and then without orders he reversed his whole command and moved in the line of battle, when he was recalled to the position on the railroa4 where Thomas, Pender, and Archer had fu·mly held their gro~nd against every attack. hot haste where the sound of battle summoned him. He came up at While the battle was raging on Jackson's left General Longstreet ordered Hood 3 o'clock in the afternoon and found the French army in full retreat, and Evans to ad vance, but before the order could be obeyed Hood was himself b ten d rthr Wh ul ed b N 1 ha . 1d attacked and his command at once became warmly engaged. General Wilcox ea an ove own. en cons t Y.r apo eon as tow t sho1 u was recalled from the right and erdered to advance on Hood's left, and one of be done in the crisis, casting his eye over the field, he said: ~·Yes, the Kemper's brigades, under Colonel Hunton, moved forward on his right. The battle is lost; but it is only 3 o'clock. There is yet time to gain another." enemy was repulsed by Hood after a severe contest, and f~ll back, closely fol- [A la J H had t •t d fi d d h himself t lowed by our troops. The battle continued until 9 p. m., the enemy retreating PP use. e no Wal e or or ers, an e now put a until he had reached a strong position, which he held with a large force. The the head of his devoted six thousand. General Porter had twelve darkness_of the night put a stop to the engagement. thousand men, according to his own admission and as others say; over With these official reports and other indubitable evidence it can not thirteen thousand as shown by the reports. But there was 1\IarsB.al longer be contended that no battle was fought on the 29th of August. Desaix at the head of his six thousand moving ~oto battle against an General Grant's whole opinion is based on the erroneous impres-~ army flushed with victory. At 5 o'clock the battle was won; the sun sion that the only battle fought was on the 30th of August. He says again shone upon the victorious eagles of France [applause]; a vic inhisletter, ''!find that the battle was fought on the 30th of August.'' tory that produced a vast influence on the destinies of France and the It is then fair to him to say that wiih the real facts before him he whole world. It gave peace to then republican France, and, a little would have reaehed the opposite conclusion. later, an emperor's crown to Bonaparte. But the great marshal who Was PorterJustified in failing to obey the order to go into the fight moved to the sound of the music of battle, wbe took his orders from if he had known all t}lat General Lee knew as to the strength of the the booming echoes of the eannon, was dead ! It might have been bet forces in front of him? The answer certainly mus~ be that he was not ter for others in history if they had imitated his example and met the justified. I do not think General Porter would have been blameless same fate. [Applause.] • even if he had had no order to go into that battle. If he had known What was the example of the heroic confederate General Pickett only what was open and known to every one there, that a great battle when he went with his devoted divi ion into that charge at Gettys was pending, it was his duty to have marched into the conflict with his burg? Thou~h unfortunate as to success, it proved the heroism and fellow officers and soldiers. devotedness of the general who commanded and the troops under him. I might ¢ve examplei to show that although an officer might prob- I might give other illustrations; and they are abundant. Other conn ably be repulsed, it would constitute no excuse for his refnBal to obey tries ~ave believed, as our Government did in this case, in having an order. The history of other wars might be referred to to prove this. orders ebeyed. It has been stated here that the British Government Marshal McDonald, at Wagram, moved under orders with his devoted shot Admiral Byng for disobedience of orders; and since that time fifteen thousand French soldiers· upon the Austrian center when it there have been few in the Engwh navy to disobey the orders of a. 678 CONGRESSIONAL RECORD- Ho-USE. JANUARY 25, tJ, superior officer. Anothet~morable case occurred about a century ago be forever looked to by the present and future generations as a just and in the English navy. C~ Sutton, who was comm~nding a vessel righteous one. [Loud applause. J in the Mediterranean, failed, ·as was claimed, to obey an order to cut Ur. SLOCUM. I move that the committee rise. cables and pursue on the high sea a retreating enemy. He was arrested 'rhe motion was agreed to. and put in prison, where he was confined two years and seven months T_he committee accordingly rose; and the Speaker having resumed the before trial. I do not believe the delay in trying him was right. But charr, Mr. SPRINGER reported that the Committee of the Whole House he brought suit to recover damages for false imprisonment; and I de- on the state of the Union had had under consideration the bill (H. R. sire to read a single p!lrngraph from a report of the final hearing of the 1015) for the relief of.Fitz-Jol;m Porter, and had come to no resolution case, giving the well-stated opinion of Lords Mansfield and Lough- thereon. borough as to what the duty of an English officer is. Certainly an Mr. SLOCUM. At the request of several members of the Ho~e I American officer ought to stand upon the same plane. The court in ask unanimous consent there may be a reprint of the bill for the relief of that case said: Fitz.John Porter an~ of the majority report and the views ofthe minority. A subordinate officer must not judge of the danger, propriety, expediency, or The SPEAKER. The Chair hears no objection. consequences of the order he receives; he must obey. Nothing can excuse him 1\I:r. KEIFER. Let the pwo reports be printed toaether. but a physical impossibility. A forlorn hope is devoted-many gallant officers 0 ho. ve been devoted. Fleets have been saved and victories obtained by ordering The SPEAKER. The Chair hears no objection, and the order will be particular ships upon desperate services, 'vith almost a certainty of death or so made. capture. (Sutton vs. Johnston, 1 Durnford & East, 546.) M:r. SLOCU.l\1. I think the time has now a.rrived when there should • And for all we know it might have be~n the opinion of General Pope, be some ~understanding in the House about the disposition to be made rightfally assumed from a soldierly standpoint, that in order to secure of this bill. It has been debated for three days. I propose to ask by victory to ~he Army as a whole he should put Porter's forces into the unani.mous c?nsent,. that to-morrow's ~ession be given uptodebatednly conflict eyen though they were all devoted to death a.nd destruction. on thiS question, With the understanding that a week from to-day the · It is pretended by 8ome that it was impossible for Porter, who had previous question shall be ordered and the vote taken. . fought gallantly on other fields, to have been, untrue to his country. Mr. CALKil~S. In the arrangement do not say no vote shall be Other brave men-a few only, thank God !-have deser+...ed under like taken to-morrow. circumstances duty and country. 1\I:r. SLOCUM. Very well. Even after Benedict Arnold had formed the purpose to desert to the ~I:r. CALKINS. Members do not wish to address empty benches English in our Revolution he fought, as he had before, bravely for his and any such understanding will send members off from the House. ' country. Mr. SLOCUM. I will modify my motion, that by unanimous con-· .Moreau, who reached the high rank, by his vaJor, of a marshal of sent to-morrow shall be devoted to debate, and that the vote shall be France, and who commanded the French atHohenlinden, died at Dres- taken next Friday or sooner, if it be so desired. den fighting with the combined despots of Europe against France. l\ir. HATCH, of Missouri. Say after the morning hour to-morrow Now :1 word as to the bill. It proposes to relieve Fitz-John Porter so as to allow r~ports from committees to be made. ' from the odium of a crime which he justly wears, by authorizing him · Mr. SLOCUM. I agree to that. to be appointed by the President to the position he held ''in the Army Mr. HORR. Will the gentleman from New York consent to this?' of the United States of the same grade and rank, together with all the That debate shall go on to-morrow is satisfactory to us· that on next rights, titles, and ~rivileges held by him at the time ,of his dismissal Friday there shall be one speech on either side, and that then the pre from the Army; and in his (the President's) discretion to place him on vious question shall be ordered and the vote taken. the retired-list of the Army as of that grade." The President has Mr. SLOCUM.. I should be glad .to do that; and if the House will · already, as an act of pardon in the exercise of his clemency, relieved so order it will relieve me from great embarrassment. him from the disa.bilitv to hold office as fixed in the sentence. Mr. HORR. We are satisfied. Pardon, wh~ch implies guilt and conviction, may often be properly Mr. SLOCUM. I have a list of twenty gentlemen who deSire t() exercised where repentance and contrition have come and future good speak on this question. I do not wish to be accused of discourtesy conduct may be fairly implied. I do not believe we can, in our legis- to any member. I do not wish to cut off debate. I do not wish that lative capacity, reverse any part of the sentence of the court that found charge brought to my door. Whatever the House will agree t9 will be Porter guilty. Only the President under th~ Constitution ofthe United acceptable to me. If the matter be disposed of now it will relieve me States can grant pardons after sentences for crimes against United States of great embarrassment. law. In so far as the sentence is executed it must stand fore~er. l\1r. HORR. M.r. Speaker, I find that there are some gentlemen here We may authorize Porter's reappointment to the Army and give him who do not consent to my suggestion to limit this debate to the time pay out of the United States Treasury, but we can not wipe out his I named. For my own part I was willing to fix a time for closing the heinous guilt.. The blood of the needlessly slain will forever cry out debate. But gentlemen should remember that this very same bill was against him from the ground, and he will be branded with the guilty · debated twice in the Senate, once for five solid weeks, and a few days' mark of Cain forever. debate in the House on a measure of this importance would not be Some ·excuse him because they tliink he was not disloyal to his coun- unusual. I am willing for one to make some arrangement, but I can try, but only to General Pope. There is no distinction. He could not not speak for my colleagues. betray his commanding officer withortt betraying his country. Others l\~r. STEELE. Suppose at 5 o'clock this evening we take a recess say he should be rehabilitated with the right again to hold office with the until12 o'clock to-morrow, and then toward the afternoon, when the thousands and tens of thousands of others who once fought against the debate ~hall have rn~ _for some time, we may be able to arrive at some Union and who arc now clothed with full citizenship under the Con- suggestiOn or conclUSion as to the length of debate. I suggest that t() stitution. There is a marked distinction between him and them. He the gentleman from New York. · then assumed loyalty to his country on the field of battle· they did lt'lr. WHITE, of Kentucky. I move that the House do now adjourn. not. He was duly convicted upon lawful trial; they were n~t. They J\.I:r. BAYNE. Mr. Speaker, it has been suggested to me by anum- petitioned for legislative pardon; he for legislative vindication. Such ber of gentlemen that this bill is somewhat equivocal in its terms , a plea would throw wide open the prison doors all over the land. respecting back pay.,.. I ask, therefore, that unanimous consent may Our country has been the most magnanimous of any known in the be given forth~ following ame~dment to the hni: world's annals toward those who have openly o:fl'ended against its flag. I move to strike out of the bill the last three words, "appt)intment But it is not~ I hope, ready to honor, glorify, and compensate him who under it,, and insert "the passage of this act." failed to do his duty in the supreme hour of battle. The SPEAKER. The bill is not yet in the House. It is said this is a political question. I _hope -not; though it seems l\I:r. BAYNE. Could not this be allowed by unanimous consent? nearl;r so_froJ? indi~ations. The friends of General Porter openly boast . The SPEA:KER. Only in Committee of the Whole; this bill is yet of a vrnd1cation he 1s to have at the hands of those who were lately in re- m the coDliDlttee. hellion. Do they understand military justice ·better than those who ·Mr. BAYNE. M:y object was, as this hill is to be reprinted, I under- were on the side of the Union? I do not wish to believe tl1e brave men stand, to have it prin_ted with the amendment. on the other side of this Chamber have more regard for a man who dis- The SPEAKER. The gentleman can ask unanimous consent to have obeyed the orders of his superior officer on the battlefield than those on any proposed amendment printed with the bill. this. We shall soon know. Mr. BAYJ\TE. Then I ask consent to have the amendment which I The gentleman from New York [Mr. SLOCUM] in charge of this bill have suggested printed with the bill. has in advance of any favorable action by this House made it impos- The SPEAKE~. Is there objection to the request of the gentleman sible for there to be any semblance of vindication b~he use of the from Pennsylvania? language fol1owing: There was no objection, and it was ordered accordingly. There was never such an absurdity perpetrated in any representative body Mr. SLOCUM:. Itfr. Speaker, it is evident that no arrangement can as . ~s beenenactR dh~re; forthree hund~edgentl~men,knowi~g nothing about be made at this time with reference to length of debate. I ask, there ';llihtary matters, t~ stt, here andgmvelydu;eusssubJeclsaboutwhichtheyknownoth- fore unanimous consent of the House that a session be held to-mo 0 ~ng whatever and never can know. ' . . . . rr W for the cons1derahon of this bill, to be debated only, no further action If his opinion of the mental measure of his coY..eagues is right, then to be taken. the decision a.bout to be ~ade can co~afi:d no. res~t now or here- 1\Ir. HATCH, of Missouri. I suggest to the gentleman from New after, and the JUdgment of the court which tned him will be and should York that iye should have a. morning hour. 1884. CONGRESSIONAL RECORD-HOUSE. 679 Mr. SLOCUM. I think I can not yield to that suggestion. our preconceived notions, throwing aside all paS.sion, throwing aside all Several MEMBERS. No, no. , partisanship, and approaching their cqnsideration, ready if a. reason Mr. HATCH, of .Missouri. Then I ask leave, asthechairmanofthe able doubt exists in our minds to give the accused the benefit of that Committee on Agriculture, to report a bill to the Honse from that doubt. e are to act on this question, not aR Republicans or as Dem committee simply for thepnrposeofhavingitprintedand recommitted ocrats, but as fan:, intelligent jl;ldges of law and fact. to the committee. I would call attention to one or two questions that ha.ve been asked • Mr. SLOCUM. I have no objection to that. by the gentleman from Ohio [lli. KEIFER]. I desire to answer them. The SPEAKER. Is there objection to the request of the gentleman It seems to me that the record in this case furnishes the most ample from New York for unanimous consent that to-morrow, immediately and the most conclusive answer. If the record before this Hoase fur after the reading ofthe Journal, the House shall resume the considera nishes no answer, if the ~entleman will turn to any military history tion of the bill for the relief of Fitz-Jobn Porter for debate only, no or any military record of the war of the rebellion he will find those other business to be transacted, except a report from the Committee on questions answe1-ed beyond all cavil. Agriculture for printing and recommittal to the committee? The gentleman ask us why it was that McClellan wrote the letter There was no o"Qjection, and it was ordered accordingly. to General Porter asking him t() give every aid to General Pope? I EXROLLED BILL .AND JOINT RESOLUTION SIGNED. can tell him, and he -knows full well why it was. It is a matter of history that for twenty long years has not been contradicted. General ?tlr. NEECE, from the Committee on Enrolled Bills, reported that McClellan wrote that letter at the request of Lincoln, and because they had examined and found duly enrolled a bill arid joint resolution General Pope, in order to excuse his own blunders, his own ignorance, of tke follo,ving titles; when the Speaker signed the same: and his own incompetency, after having been guilty of a series of the Joint resolution (H. Res. 117) to correct an eiTor in the enrollment most egregious blunders that ever disgraced the military annals of this of the act making appropriations to supply deficiencies in the appro or any other country, had aimed the shafts of slander at General Por priations for the fiscal year ending June 30, 1883, and for other years, ter,-and bad thus sought to eYade the responsibility of the failures of approved March 3, 1883; and that campaign. That is the verdict of hisiory, and it is the verdict of A bill (S. 713) to remove the political disabilities of Samuel H. the people of this country \vith very few exceptions. Lockett, of Alabama. • I desire to answer another proposition that was advanced by the gen l.fr. SNYDER, from the Committee on Enrolled Bills, reported that tleman from Ohio. He read from the report of the proceedings of this they had examined and found duly enrolled a joint resolution of the board of inquiry what was said when the subject was under discus following title; when the Spe~tker signed the same: sion as to what evidence should be taken into consitleration. He said Joint resolution (H. Res. 113) autbor~ing the Secretary of War to in sub tance and charged that this board of inquiry admitted any receive for instruction at the .Military Academy at West Point, Antonio thing, admitted everything in the shape of evidence. He·SBid in sub Barr~os, of Gautemala, and Jose Victor Zavala, of Nicaragua. stance that they took into consideration not only legal evidence but FITZ-JOHN PORTER. all that had been said on the street-corners, in the byways, and among Mr. SLOCUM. I move that the House now resolve itself into Com the hedges. uch is not the record. As the gentleman went along he-1 mittee of the Whole House on the Private Calendar. said,'' Now we will skip." When he reads the record my gallant. The motion was agreed to. . friend from Ohio should not "skip" the _material parts of it. If b& The Hou e aceordingly resolved itself into Committee of the Whole reads a part, be sborud read the whole relating to the point he criti House on the Private Calendar, :Ur. SPRINGER in the chair. cises. TbeCHAIRl\IAN. TbegentlemanfromOhio[hlr. EzRA B. TAYLOR] I call the attention of the House to the question that was under con asks unanimous consent to be permitted to print in the RECORD some sideration when the members of the board made use of the language additional remarks. which the gentleman read. Colonel Smith: Captain Pope, and Duffee There was no objection, and it was ordered accordingly. had been called as witnesses before the court-martial. All of them had 1\lr. RAY, of New York Mr. Chairman, as a new member of this given evidence more or less to the disadvantage ofGeveral Porter. After House I should feel so mew hat reluctant to engage in this discussion were that trial bad closed, after the court-martial bad shut its doors, after it not for the fact that I performed some little service as a private sol ~hat most UI\just and mo. t unrighteous verdict had been pronounced, dier. It will be proper in my judgment for this Honse to consult the thi:-; Colonel Smith, this Captain Pope, and this man Duffee, each of them, privates as well as the brigadiers. There are several reasons which in had made declarations and statements in contradiction of what they duce and compel me, acting here as a judge and juror, to support this testified to before that court, a_nd Captain Pope confessed he lost his bill restoring Fitz-John Porter to the Army. They are: way when be went to deliver the 4.30 order and did not deliver it till First. The trial of Fitz-John Porter was had at a time when men about dusk. When tb~ question came up before this board of inquiry were more or less moved by pa8l ion and prejudice, and when deliber as to whether or not those aeclarations should be admitted. this board ate judgment upon such a subject was not fully exercised. of inquiry made use of the language that the gentleman read. I ap Second. Most material evidence explanatory of the acts of General peal to the conscience, to the common sense, to the legal knowled~ of Porter, offered in his behalf, was excluded, and illegal evidence dam every lawyer upon the floor of this House and ask them to say whether aging in its nature was admitted. or not that ruling was not most just, most wise and proper, and whether Third. Newly discovered evidence bas been placed upon the record, it was not in strict accordance with the rules of law-and evidence? I collling from the lips of disinterested witnesses, which in my judg pause for an answer. . • ment clearly and satisfactorily shows the absolute innocence of General M.r. BROWNE, of Indiana. Without having called the witnesses Porter. and examined them in regard to the conversations and the time and Fourth. This, when taken in connection with the previous record, place·? I do not know how the la.w is in New York. shows clearly that the court-martial acted under the erroneous im blr. RAY, of New York. Yes, sir, underthecircumstances. [Laugh· pression that no enemy in force was in front of General Porter on the ter on the Republican side.] 29th of August, 1862, while it now appears that Longstreet's whole Mr. BROWNE, of Indiana. I will simply say that I have been prac force was there; o that an attack by Porter at that time would have ticing law for some years in Indiana, and that is not the law there. been a '' great blunder'' and a ''great crime.'' Mr. RAY, of New York. The witnesses .had been sworn; they had Fifth. It is also evident that the court acted under the erroneous given their testimony before the court-martial; it had been reduced to impression that General Porter not only refused and neglected to fight writing, and wasamatterofrecordin the War Department of this great that day, when be had orders to db so, but that be actually retreated country, and was then before the board. And when this board of in without attacking or being attacked, and at a time when the rest of quiry was appointed to ascertain the truth, the whole truth, and noth the Army was engaged in a furious battle two miles to his right; while ing but the truth, they had the right to ascertain whether or not the it now appears beyond any controversy, beyond any po~ ible dispute, witnesses upon whose testimony General Porter had been convicted that all these assumptions were incorrect, and that his conduct ' was were false or true, were perjurers or ti·uthful men. subordinate, was judicious," and was loyal and most wise. But I will giYe you another answer. Each and every one of these Sixth. A military board of inquiry, compo ed of mo t loyal and emi witnesses was called and sworn before the board of inquiry. Attention nent generals of our Army, Generals Schofield, Getty, and Terry, have was called to the contradictions, &c., and they were called in to ex fully examined into this matter, and while their judgment is not con plain, admit, or deny, and if you will take the trouble to read the rec clusive upon us, yet it.is entitled to great weight, and ought to control ord you will find that I am correct. us. Many of the most eminent and skilled military men of the world, Mr. STEELE. Can you show any authority by which that board after a careful and patient investigation, have fully concurred in the was clothed with the power to administer an oath? opinion ofthat board, as does General U.S. Grant, whose military opin Mr. RAY, of New York. Yes, sir; to cause it to be done. ion on this question ought to be regarded. This report1i:illy exonerates Mr. STEELE. I defy yon to do it. I defy you to show that they General Porter. werl clothed with judicial functions, or that they had any right what Again, it is a rule oflaw which appeals alike to our judgment and to ever under the law to administer an oath. our love of justice, that ih all C.'\Ses where a reasonable doubt exists ?tlr. RAY, of New York. The board did not administer oaths or as· an accused party is entitled to the benefit of that doubt. Therefore sume to. An officer authorized by law to administer oaths was called when we come to consider the questions that are involved in this case in to perform that duty, and it imposed all the obligations of an oath we should look at them candidly, fairly, and honestly, throwing aside and the penalties for peijury. 680 CONGRESSIONAL RECORD- HOUSE. JANUARY 25, ~ desire to say, Mr. Chairman, that if I stop to answer the questions Mr. R~ Y, of New York. They sustained the legality of the co~ ()f these gentlemen, which I shall be most pleased to do, the question because it was ordained by an act of Congress; but that is very far from of each and every one of them, any question which any person can ask establishing the position that it is a part of the judicial system of the in regard to this case, I must have an extension of time. Government. That is the pomt. I have read every word of the evidence in this case over and over ?t!r. CUTCHEON. Let me ask the gentleman this question: If such ~in. I have studied all the orders, because ten years ago, like many a. court is not a part of the judicial system, what judicial system i.a others, I WM groping in the dark, I was blind and would not see. there fo:~: the entire land and naval forces of the United States? Tha• When the truth began tocomeout and Igotalittleglimmeringoflight is what I want to know. ten yea!'§ ago {having then lived ten years in the dark, believing that Mr. RAY, of New York. J· suppose the gentleman would contend General Porter was guilty), I b(\,aa.n to investigate the matter. As I that because we have an Army in times of war-- began to read I began to see my error. It is with the greater pleasure, Mr. CUTCHEON. And in times of peace. therefore, that I stand here to defend General Porter and to ask justice Mr. RAY, of New York. And in times of peace, that therefore for him at the hands of this House. [Applause.] the rules and regulations controlling the Army are a part of the judi- Perhaps I may transcend some of th~ rules of debate, but that makes cial system. I deny it. I say there are no decisions to that effect. no difference. I think I have the case in my head, and I know that I But I can not stop here to dispute with the gentleman, and I do not care have it in my heart. [Renewed applause.] to do so. I therefore say again that if the gentlemen will agree to baYe my There is one other thing to which I desire to call the gentleman'• time extended to-morrow, when I shall again take the floor, it will be attention. He asked the question why it was that when McDowell with the greatest pleasure that I shall answer every question that they and Porter were there in front of the rebel army on the road to Gaines may ask me. ville Porter did not extend by the right flank and thus connect witA Mr. BROWNE, of Indiana. I desire to say to my distinguished friend Reynolds away over on the left of Pope's army? If the gentleman that I would not have interrupted him had I not understood that he . bad read history, if he had studied military law, if he bad advised with invitetl an interruption. · military men, I think he would have found his own answer. Here i.8 Mr. RAY, of New YQrk. I did yours, but I didnotinvitetheques- theanswertowhicbl call the gentleman's attention: General McDowell tion of the other gentleman. and General Porter that morning rode out in that direction as far a. When the gentleman asks me if this board had any right to take a and across the railroad, and after proceeding some distance over the judicial oath and to impose upon ita witnesses any judicial responsi- railroad some one came to them and said: "You can not get through .bility, I say no. Neither did the originial court-martial act judicially. there.'' They then turned back; and McDowell took fifteen thousand A. court-martial is no part ofthejudicial system ofthis Government. of those troops and marched~ the rear by a <:ircuitous route, and did Mr. BROWNE, of Indiana. That is a mistake. not reach the front ~aain with his troops-did not reach Pope-until Mr. RA" ; ' 1884. 'CONGR~SSIONAL RECORD-HOUSE; 681 Mr. RAY, of New York. I say t'4at the~rges were not preferred with the Department of Justice touching the prosecution of persons ~n the 6th day of September, nor on any other day in the month of Sep- charged with fraud in connection with the star-route mail service; which tember. . wa.s referred to the Committee on Expenditures in the Department of When General Pope bY, his letters from the field filled the public Justice, and ordered 4> be printed. mind with the whisperings of scandal and falsehood, General Porter, REPORT OF POST-OFFICE DEPARTMENT. like the soldier he was-noble, true, brave, patriotic; a man who from The SPEAKER also laid before the House a letter from the Post- his very boyhood had fearlessly faced the enemy on the battle-fields of master-General, trnnsmittingthefollowingreports; which were referred Mexico and at Gaines's :Mill and in the sanguinary battles before to the Committee on the Post-Office and Post-Roads: Richmond, still begrimed with the smoke of the ene~y's guns-w~t 1. Offers accepted and contracts awarded for carryi.rlg the mails un to the President of the UBited States and begged and unplored of him der advertisements of October 16, 1882, January 15 and March 1, 1883; that a board of inquiry should be appointed and examine. into his co~- 2. Report showing the land and water mails establish.ed during the duct and enable him to show whether or not he wa.s guilty. Was It year ending June .30, 1883, other than those let by contract at the an- granted? No. nualletting; Mr. HORR. Yes. 3. ..A)l allowances made to contractors during the fiscal year 1883 Mr. RAY, of New York. No. above the sums originally stipulated; and Mr. HORR. Yes. 4. Report of curtailments in the service and pay of contraetors. Mr. RAY, of New York. No. [Applause and laughter.l A mili- tary commission wa.s appointed, but dissolved. WbilePorter clamored PRESENTS, ETC .., TO NAVAL OFFICERS BY FOREIGN GOVERNMENTS. for a hearing w bile he clamored to make his defense, General Pope The SPEAKER also laid before the House a communication from the .and his satellites were trying to conceal their own blunders by poison- Secretary of the Navy, in answer to House resolution of January 15, ing the mind of the Secretary of War and by poisoning the mind or· 1884, in regard to presents, decorations, &c., to officers of the Navy by the President of the United States. And the result was that when foreign governments; which was referred to the Committee on Naval they thought they had sufficiently poisoned their minds, when they Affairs, and ordered to be printeq.. found the Government had determined to remove General McClellan, REUAINS OF GENERAL ORD. when they found that was done, then it was, and not· till then, this Mr. ROSECRANS. I a.sk unanimous consent to take from the .court-martial was ordered, November 25, l862 i then it was that the Speaker's table the Senate bill No. 1256, authorizing the Secretary of charges were preferred, and then it was that the c~urt-martial was War to brin~ home the body of the late General Ord, for present con- -ordered. . sideration. Mr. BROWN, of Pennsylvania. Will the g~ntleman yield for a Mr. STEELE. I hope there will be no objection . .qu.;~o~lY, of New York. Yes, sir; if ~t be a brief one. The SPEAKER. The title of the bill will be read, after which the Mr.' BROWN of Pennsylvania. Will you please state where you Chair will ask for objection. ant the eviden~e that General Pope was poisoning the mind of the The Clerk read as follows : ePr~omdent?. A bill (8.1256) providing for the removal of the remains of the.la.te Maj. Gen. o.;,o.L Edward 0. 0. Ord, of the United States Army, from Havana., Cuba., to Wa.shing- Mr. HENDERSON, of illinois. Thatiswhat I would like to know. ton, D. c. · Mr. PETTIBONE. Yes, give him time to tell us. The SPEAKER. Is there objection to the present consideration of Mr. RAY, of New York. Gentlemen, I presume you assume that the bill? I am asserting but not proving it. Well, if yon will gi\e me time I There was no objection. will read from the records of this Congress-from the records of the The bill was taken from the Speaker's table and read a first and Sel!.ate and of this House-to prove it beyond all controversy. second time. .Mr. BROWN, of Pennsylvania. Not from speeches? It is 88 follows: Mr. RAY, of New York. Not from any speeches, sir, but from the Be it enacted, &c., Thntthe Secretary of War be, and he is hereby, authorized .official records I have here .before me as contained in your reports and and directed to cause the rell\,a.ins of the late Maj. Gen. Edward 0. C. Ord, public documents. United States Army, to be transported from Havana., Cuba, to Washington, D. C., Take the report that he (General Pope) sent down from the frgnt, and to pay the nece~ry expense of such transportation and of the interment of the remains out of the appropriation for contingencies of the Army . .and in which he undertook to censure General Porter; and I a.sk you if there is not evidence there of an effort on his part to poison the J>Ub- The bill was ordered to a third reading, read the third time, and clic mind? passed. . Mr. MILLER, of Pennsylvania. I say, no. Mr. ROSECRANS moved to reconsiderthevote by which the bill wa.s ?tfr. RAY, of New York. And I say there is. passed; and also moved that the motion to reconsider be laid on the Mr. MILLER, of Pennsylvania. I ask that he have as much time table. . · :as he wants to read that report, then. The latter motion was agreed to. The CHAIRMAN. The gentleman from Pennsylvania is not in or- And then the motionof.Mr. CASSIDYwasagreed to; and accordingly .O.er. (at 5 o'clock and 7 minutes p. m.) the House adjourned. Mr. RAY, of New York. I think I will read ittoyou, but notnow. In the morning I will do so if you will be here to hear it read. . PETITIONS, ETC. Mr. 1\IILLER, of Pennsylvania. The gentleman shall have ample The following petitions and papers w~re laid on the Clerk's desk, ·Opportunity, and I hope his time will be extended for that purpose. under the rules, and referred as follows: .Mr. VAN ALSTYNE. I move that the committee now rise By ?ifr. BARBOUR: The petition of the heirs of RichardS. Coxe Mr. TOWNSHEND. The gentleman from New York has the floor. to the Committee on 'Qle Judiciary. The CHAIRMAN. Thegentlemanfrom New York is entitled to the By Mr. BRENTS: The petition of citizens of California., for an ap dloor. propriation for the erection of a public building at Port Townsend, 1\Ir. SLOCUM. If the gentleman will yield, I will move that the Wash.-to the Committee on Public Buildings and Grounds. -committee now rise. By .Mr. CALDWELL: Memorial of the national agricultural con Mr. RAY, of New York. Verywell. gress of the United States, urging an extension of the benefits of the 1¥Ir. TOWNSHEND. The gentleman from New York of course re Signal Service to agricultural operations-to the Committee on A~ ~'lining the floor. culture. Tne CHAIRMAN. Certainly; the gentleman from New York is en- By Mr. CANNON: Papers relating to the claim of J. S. Dill, of Paris, titled to twenty-three minutes longer. ill., for relief-to the Committee on Claims. Mr. SLOCUM. I move that the committee now rise. By Mr. S. S. COX: Papers relating to the contested-election case of The motion was agreed to. Smith vs. Robertson-to the Committee on Elections. The committee accordingly rose; and the Speaker having resumed By Mr. DORSHEIMER: Papers reiating to excessive duties levied the chair, Mr. SPRIKGER reported that the Committee of the Whole by overvaluation of the Austrian paper florin-to the Committee on House on the Private Calendar, having bad under consideration the Ways and Means. bill (H. R. 1015) for the relief of Fitz-John Porter, had come to no By Mr. EATON: .)'he petition of Richard ~obes, for mcrease of pen- resolusion thereon. sion-to the Committee on Invalid Pensions. 1 ORDER OF BUSINESS. By Mr. FORAN: The petition of the marine engineers of Seattle, Wash., for the amendment of the alien laws relating to licensed engi- ~Ir. CASSIDY. I move that the House do now adjourn. neers and pilots-to the Committee on Commerce. · 'Pending the motion to adjourn, the following business was trans By Mr. GUENTHER: ThepetitionofEdward H. Merrill and others, acted: citizens of Wisconsin, in relation to the wide differences hetween the STAR-ROUTE PROSECUTIONS. laws of the several States as to the causes of divorce-to the Commit The SPEAKER laid before the House a letter from the Postmaster tee on the Judiciary. Ge•eral, acknowledging the receipt of the resolution of the House of By Mr. MORSE: Papers relating to the claim of Charles G. Kerr, Representatives of January 17, requesting copies of all correspondence Fitzhugh Lee, and George W. C. Lee, executors ofthe estate of .A.nna.M. 682 CONGRESSIONAL RECORD- HOUSE. JANUARY 26, Fit.bhugh, of Alexandria County, Virginia.-to the Committee on War a report from the Committee on Agriculture for printing and recom Claims. mittal to the committee. By Mr. PATTO~: ThepetitionofW. H.Kenter, postmaster at Cook Mr. ROGERS, of Arkansas. If not in violation of the order of the port, Indiana County, Pennsylvania, and others, for relief-to the Com Honse, I should like to make a privileged report. mittee on the Post-Office and Post-Roads. The SPEAKER. Under the order of the House no business can be By Mr. ROBERTSON: Papers relating to the pension claim ofNan transacted except that which the Chair has just stated. nie J. Graves-to the Committee on Invalid Pensions. 1\fESSAGE FROM THE SENATE. By Mr. ROSECRANS: Memorial of the Chamber of Commerce of San Fr:mcisco, Cal., urging the necessity of providing additional naval A message from the Senate, by Mr. McCooK, its Secretary, informed force-to the Committee on Naval Affairs. the House th\tt the Senate had passed .bills of the following titles; in By .Mt. SMITH: The petition of Bair & Shenk, J. D. Connelly and which the concurrence of the House was requested: 38 others; of F. H. Breneman and 275 others; of H. C. Harmer and 97 A bill (S. 22) to provide for the performance of the duties of the office others; and of Jacob S. Keller and 66 others, citizens of Lancaster of President in case of the removal, death, resignation, or inability both County, Pennsylvania, for the redemption of the trade-dollar and sus of the President and Vice-President; pension of the coinage of the silver dollar-severally to the Committee ·A bill (S. 153) providing a civil government for Alaska; on Coinage, Weights, and Measures. A bill (S. 258) donating a part of the abandoned military reservation By Mr. C. A. SUM..N"ER: Paper relating to the United States Signal at Fort Smith. Ark., to the city of Fort Smith, for the use and benefit Service-to the Committee on Military Affairs. of the free public schools thereof, and for other purposes; and By Mr. THOMPSON: Papers relating to the claim of W. G. Collier, A bill (S. 621) for the relief of William L. White. of J. H. Fish, of James Gann, of L. D. Hutchinson, and of D. M. Yo MEMBER SWOR::S IN. cam-severally to the Committee on Claims. T~e SPEAKER. The Chair presents to the House the certificate of Also, papers relating to the pensio~ claim of Tabitha Ball, of Robert election of Francis W. Rockwell, Representative-elect from the State of Blain, of Samuel .M. Boone, of Charlotte T. Brown, of John R. Col Massachusetts, which will be read. lett, of William Huffman, of Elizabeth Mason, of Sarah A. Murphy, The Clerk read as follows: of Jane Prewitt, of Mary Riley, of John C. Sayers, of George W. Wa{l THE COIIUlONWEALTH OF MASSACHUSE'M'S. dell, and of Thomas J. Wethington-severally to the Committee on To the House of Representatives of the United States of America, Invalid Pensions. and to all persons to whom these presents shaU come, greeting: Know ye, that on the 17th day of January, in the year one thousand eight hun Also, the petition of A. Brown, of Milton Bunch, of Lieut. L. W. dred and eighty-four, Francis W. Rockwell, of Pittsfield, in Congressiona l dis Cooke, of George H. Dobyns, of William H. Gregory, of Patrick Hill, trict No. 12, was regularly aml duly chosen by the qualified voters of said dis of Andi·ews Meaddows, of Lieut. M. O'Brien, of Capt. J. B. Rinclair trict to be a Representative of this Commonwealth therefor in the House of Rep resentatives of the Congress of the United States for the remainder of the term and of Nathaniel Warford, for relief-severally to the Committee on of two years beginning on the 4th day of .March, in the year one thousand eight Military Affairs. hundred and eighty-three, being the Forty-eighth F ederal Congress, in accord Also, papers relating to the claim of W. R. Boice, of J. A. Briggs, ance with thcconstitution and laws of the Commonwealthofl\Ia.ssachusetts and of the United States, to fill the trust made vacant by the resignation of George executor of Charles l\I. Briggsj of James P. Carroll, of C. R. Cofrey, D. Robinson, of Chicopee, thereto duly cho en ; and that he, the said Francis of George Denny, sr., of Joseph Falconer, ofW. F. Co&,oin, ofthe heirs W. Rockwell, has been for said district only so elected. of Amanda Goggin, of John Huffman, of Alderson T. Keene, of JohnS. In witnes whereof I, George D. Robinsonh governor, have hereto set' my hand and caused the seal of the Commonwealt to be affixed on this 23d day of Kendrick, executor of Amanda F. Goggin, deceased; of Andrew C. January, in the year of our Lord one thousand eight hundred and eighty-four, Meadows, of John Owens, of Edmond Penn, ofT. l\L Pennington, of and of the independence of the United State of America the one htmdred and Julia A. Reed, of Archibald B. Rue, of A. L. Shotwell, of Benjamin W. ei~hth. Sloan, of George W. Sweeney, of G. W. Sweeney, of Susan P. Vance, LSEAL.1 GEO. D. ROBINSON. By his excellency the go...-ernor: of Urs. :l\fartha Vaughn and Mrs. Louisa J ackman1 of Sarah Wells, HENRY B. PIERCE, and of William D. Wolford-severally to the Committee on War Claims. Secretary of the 1CommonweaUh. Also, the petition of Rebecca Robinson, for a pension-to the Com · Mr. RocKWELL (presented by :Mr. RICE) appeared and qualified by mittee on Pensions. taking the oath prescribed by section 1756 of the Revised Statutes. Also, the petition of Beaufort N. Sampson, for a pension-to the Com mittee on Invalid Pensions. FITZ-JOHN PORTER. Also, the petition of W. D. James, for a pension-to the same com Mr. SLOCUM:. I move that the House resolve itself into the Com mittee. mittee of the Whole House on the Private Calendar. By Mr. TOWNSHEND: Thepetition of citizens of Franklin County, The motion was agreed to. lllinois, asking that a pension be granted to Drusilla Swett-to the same The House aa:ordingly resolved itself into Committee of the Whole committee. House on the Pri·mte Calendar, 1\Ir. SPRINGER in the chair. By Mr. V A.l.~ ALSTYNE: Papers relating to the claim· of John F. The CHAIRMAN. The House resumes the consideration of the bill Severance-to the Committee on Claims. (H. R.1015) for the relief ofFitz-John Porter, and the gentleman from By :Mr. WASHBURN: The resolutions of the board of directors of New York [Mr. RAY] is entitled to the floor. There remain of the the Chamber of Commerce of Saint Paul, Minn., requesting Senators gentleman's time twenty-three minutes. and Members of Congress fro!D l\finnesota to propose an amendment to ltlr. CALKINS. Before the gentleman from New York resumes his Senate bill 200-to the Committee on Commerce. remarks this morning I would like to have the House extend to him By .Mr. W. L. WILSON: The petition of Mary Martin, for increase the courtesy which was extended to other gentlemen yesterday, and let of widows and dependent relatives' pensions to $12 per month, and for him complete his remarks, as he was interrupted yesterday a good deal. other purposes-to the Committee on Invalid Pensions. How much additional time does the gentleman want? ?t!r. RAY, of New York. I should like to have about an hour this morning. Mr. CALKINS. I ask unanimous consent that the time of the gen tleman be extended so as to cover a full hour this morning. HOUSE OF REPRESENTATIVES. The CHAIRMAN. The gentleman from Indiana asks unanimous . SA'.rURDAY, January 26, 1884. consent that the gentleman from New York [:Ur. RAY] be entitled t() one hour this morning. The House met at 12 o'clock m. Prayer by the Chaplain, Rev. JOHN There was no objection. S. LINDSAY, D. D. Mr. RAY, of New York. Mr. Chairman, I promisedyesterdayatthe The Journal of yesterday's proceedings was read and approved. qlose of the remarks I was then making to read to-day something that BUREAU OF ANlliAL INDUSTRY, ETC. should how that soon after tbe close of the battle of the 30th of .A,ugust General Pope poisoned the mind of the War Department against General Mr. HATCH, of 1\Iissouri, from the Committee on .Agriculture, re Porter. In pursuance of that promise I now desire to read the follow ported, as a substitute for the bill H. R. 876, a J:>ill (H. R. 3967) for ing from the dispatch of General Pope, written to General Ha11eck at the the establishment of a bure..1.u of animal industry, to prevent the ex clo e of the battle of the 29th, so far as there was a battle, and also portatjon of dise..1.sed cattle, and to provide means for the suppression _others following on the 30th and 31st, and leave the gentlemen to con a.lld extirpation of pleuro-pneumonia and other contagious diseases sider them: among domestic animals; which was read a first and second time, re !IEA.DQU ARTERS, committed to the Committee on Agriculture, and ordered to be printed. Battle near Groveton, Va., 30th-5 a.m. We fought a terrific battle here yesterday with the combined forces of the ORDER OF BUSIKESS. enemy, which lasted with continuous fury from daylight until dark, by which time the enemy was driven from t.he field, which we now occupy. * * * The :Mr. ROBERTSON. I desire to introduce a bill for 1:e:ference. news just reaches me from the front that the enemy is retiring tow11rd the mount The SPEAKER. The House ordered yesterday that immediately ains. I go forward at once to see. We have made great captures, but I am not able yet to form anideaoftheirextent. Our troops behaved splendidly. * * * after the reading of the Journal to-day the House in Committee of the JOHN POPE, Majar-Gem"Tal. Whole shall resume the consideration of the bill for the relief of Fitz Major-General HALLEcK, Generalt-in-Chief. John Porter, for debate only, no other business to be transacted except This was written early in the morning after the battle of the 29th,