A Compilation of the Messages and Papers of the Presidents. Volume 8, part 2: Chester A. Arthur
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A Compilation of the Messages and Papers of the Presidents. Volume 8, part 2: Chester A. Arthur
Arthur, Chester Alan, 1829-1886; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
The Supreme Court of the United States has recently declared that a
court-martial such as this was is the organism provided by law and
clothed with the duty of administering justice in this class of cases.
Its judgments, when approved, rest on the same basis and are surrounded
by the same considerations which give conclusiveness to the judgments of
other legal tribunals, including as well the lowest as the highest. It
follows, accordingly, that when a lawfully constituted court-martial has
duly declared its findings and its sentence and the same have been duly
approved neither the President nor the Congress has any power to set
them aside. The existence of such power is not openly asserted, nor
perhaps is it necessarily implied, in the provisions of the bill which
is before me, but when its enacting clauses are read in the light of the
recitations of its preamble it will be seen that it seeks in effect the
practical annulment of the findings and the sentence of a competent
court-martial.
A conclusion at variance with these findings has been reached after
investigation by a board consisting of three officers of the Army. This
board was not created in pursuance of any statutory authority and was
powerless to compel the attendance of witnesses or to pronounce a
judgment which could have been lawfully enforced. The officers who
constituted it, in their report to the Secretary of War, dated March
19, 1879, state that in their opinion--
Justice requires * * * such action as may be necessary to annul and set
aside the findings and sentence of the court-martial in the case of
Major-General Fitz John Porter and to restore him to the positions of
which that sentence deprived him, such restoration to take effect from
the date of his dismissal from the service.
The provisions of the bill now under consideration are avowedly based
on the assumption that the findings of the court-martial have been
discovered to be erroneous; but it will be borne in mind that the
investigation which is claimed to have resulted in this discovery was
made many years after the events to which that evidence related and
under circumstances that made it impossible to reproduce the evidence
on which they were based.
It seems to me that the proposed legislation would establish a dangerous
precedent, calculated to imperil in no small measure the binding force
and effect of the judgments of the various tribunals established under
our Constitution and laws.
Public-domain text, read in full here on John Shaqi.
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