The President, then, could not but have paused before approving such a sentence, and asked himself how it was possible that Porter, the idol of his men, the boast of the army, the pride of his chief, and the recipient of honors which, from a sense of public justice and gratitude, he had conferred upon him for distinguished and valuable services rendered his country in a most perilous crisis, should all at once have been so recreant to his past patriotism, so forgetful of his then well-earned and universally acknowledged fame, as to have committed acts almost before the ink was dry upon the parchments containing his commissions, and whilst the public. heart was so gladdened by his deeds of skill and daring, as to demand, in the judgment of a Court composed of brother officers, that he "be cashiered," and "forever disqualified from holding any office of trust or profit under the Government of the United States. not propose to answer it, but that he sub-given to General Porter for his skill and mitted the case on the part of the Govern- gallantry on the occasion." ment without remark. The Court was then cleared, the Judge-Advocate again remaining with them, and before six o'clock P.M., the sentence pronounced, that the accused "be cashiered," and "be forever disqualified from holding any office under the Government of the United States." The character of the evidence, as published from day to day in the journals of the country, had so satisfied the public of Porter's innocence, and that conviction become the more fixed and absolute when it was seen that the Judge-Advocate declined to answer the defense, thereby seemingly submitting to a judgment by default, and that the Court decided so immediately after the defense was closed, that all saw it was impossible, even that the evidence could have been read, much less so considered as is due to proper judgment, or the defense either read or compared with the evidence, a measure called for by judicial propriety and necessary to a just and enlightened conclusion. In this The Record was of great volume. As state of the public opinion, as manifested published by Congress, inclusive of the by the concurrent voice of the entire press, defense, it consists of two hundred and that spoke at all, the record was placed in ninety-eight closely printed octavo pages. the hands of the President. Unless he had The President should have taken time, bebefore been unofficially advised of it, he fore approving of such a sentence, the must, when he read the sentence, have writer respectfully submits, to have exbeen struck with the same surprise with amined it to find what it could contain to which its after announcement struck the justify such a judgment. The mere senpublic ear. Of all the men in the country, tence itself gave him no such information. he must have experienced not only aston- It was, as is usual, but a mere naked judgishment, but concern. In May, 1861, he ment, and must, therefore, have left his had commissioned Porter a Colonel in the mind in the condition of amazement in regular army, in August of the same year, which it could not but have placed him. a Brigadier-General of volunteers, and in Nor could he discover why, if at all, his July, 1862, and for distinguished services distinguished Judge-Advocate should have in the Peninsular campaign, a Brevet- sanctioned such a result. The Record Brigadier-General in the regular army, and contained no reasons of that officer, suma Major-General of volunteers. Honors mary or in detail. It did contain the dedue to him, in the view of the President, fense of the accused, and if he had read for amongst others, the services rendered that, his amazement could but have been to his country in the battle of Malvern, a increased, as he would have seen that it battle which, in the words of his Chief, was, what all but the Court, or to speak McClellan, in a letter to the President (as there is reason to believe) more accuwritten just afterward, and near the bat-rately, a bare majority, thought a complete tle-ground, and speaking, as he said, "not from hearsay, but from personal observation," that had eclipsed, "in its result any other engagement in the campaign," and that too much credit could not "be and perfect vindication. The President's time, however, was perhaps so engrossed by matters which he supposed to be of more pressing national moment, (as if any thing was more important than justice,) 1 that it was impossible, within the period, the twelfth of January, 1863, when the Record was placed in his hands, and his approval of the sentence promulgated on the twenty-first of that month, that he could have read it through carefully, or at all, or examined the testimony, or tested the fairness or sufficiency of the defense, by an accurate or critical review of the evidence. Nor, as it now appears, did he undertake what, in the interval referred to, would have been an impracticable task. For, as is stated in the review of the JudgeAdvocate, which it is the main purpose of the writer to answer, on the thirteenth day of January, 1863, the day after the Record was transmitted to him, the President issued "written instructions" to that officer, "to revise the proceedings of the Court-Martial in the case of Major-General Fitz-John Porter, and to report fully upon any legal questions that may have arisen in them, and upon the bearing of the testimony in reference to the charges and specifications exhibited against the accused, and upon which he was tried." These instructions produced an elaborate paper, dated the nineteenth of the same month. The Record between that day and the date of the instructions, and the prior thirteenth, must have been continuously in the exclusive possession of the JudgeAdvocate. It is probable that the Record, with the review, was not returned to the President before the twentieth, but, however that may be, it could not have been returned at the earliest sooner than the day of the date of the review, the nineteenth, and on the twenty-first the sentence was approved. It is even, therefore, the more obvious than it would otherwise be, that in this short period of two days, proper examination and comparison of the proofs, and the bringing to their test Porter's defense, and subjecting to the same test the Judge-Advocate's review, (each vital to a proper consideration and just conclusion,) could not have been made by the President. The inference, therefore, is irresistible, that in this instance at least, (with motives which his established character prevents our questioning, how much we may lament its weakness and injustice,) he has rested his judgment, though severely calculated to dishonor a well-tried public servant whom he had but recently before, over and over again, honored by acts of distinguished official favor, upon the argument of his Judge-Advocate alone, without collating it even with the portions of the evidence quoted by that officer, much less with all the evidence so material to understand properly and justly the portions quoted, or even stopping to discover what is thought to be quite apparent, the depth of the prejudice which that officer entertained toward the accused. Reposing, however, confidence in the JudgeAdvocate, he has, yielding to the pressure of other engagements, submitted his own judgment to the keeping of that officer. And he did this so entirely, that it does not seem to have occurred to him, that it was in any respect due to Porter that he should have an opportunity, through his counsel, of replying to the argument of the Judge-Advocate. What occurred in the Court on that point could not, therefore, have been made known to him. He could not have been told, that in the view of the Court, if a reply was made to the defense, it was due to the accused, and his privilege, that he should have the right to rejoin. But it is most singular, and not to be accounted for, except that his other harassing and important engagements deadened his sense of justice, that a right so justly due to Porter, and so necessary to truth, had not suggested itself to his honest mind, and more especially, as his long experience as a lawyer must have taught him its importance. But so it was. The accused then, as far as the President's action is concerned, has had his case decided on the argument of the Judge-Advocate's review, not only without having had accorded to him the privilege of reply, but without the President's having taken time to read all the evidence, if he read any part of it, or to read the defense, or to test that or the review by comparing either with the whole evidence or with any part of it. The rule of military law as laid down by Sir Charles J. Napier, is now well settled, that no matter how many addresses are made by either party, "the prisoner has the right to speak last." Bennet, pp. 123, 124. In this instance, the rule was grossly violated. The last speech was made by the JudgeAdvocate. Porter was not only not permitted to reply, but the existence even of the review was apparently concealed from him, certainly was not known by him until in common with all, after the sentence was announced, approved and circulated by the War Department. To any mind accustomed to the investigation of truth and the ascertainment of facts through human testimony, such means are known not only to be important but essential. No conclusion arrived at in any other way, can be relied upon. No judgment, otherwise formed, is entitled to the least respect. In any instance it is as likely to be wrong as right, and more likely to be wrong, in a case where it affects injuriously the character of a citizen whose antecedents had challenged not only the good opinion of those who knew him, but their admiration, and whose claim to public esteem rests on admitted valuable and perilous public service. In such a case, mental imbecility or prejudice, so deep and dark as wholly to cloud reason, must be supposed to be the foundation of the error. And with an evident consciousness that the observing and correct mind of the country would be astounded at the result, with a zeal and industry worthy of a better cause, the same resort, which so evidently misled the President, has been adopted to quiet the certainly anticipated public condemnation. While the Senate refused to call for the Record in order to its publication, (because of their having been deceived through the degrading artifice of Roberts and Smith, into the belief that it had all been published,) that the people might see the whole case, the review of the JudgeAdvocate was at once published at the expense of the War Department, and scattered broad-cast over the land. Other things, too, have happened, suggestive of most unpleasant reflections-reflections casting more than a doubt on the mere abstract correctness of the Court's sentence. Almost simultaneously with its publication, three of the members of the Court were made Major-Generals, all certainly most estimable gentlemen, and possibly competent soldiers, but with no claims to such promotion. One of them, Major-General Prentiss, the only one of the three who it is confidently believed, did not concur in the sentence, has recently proved himself worthy of his rank, by his skilful defense of Helena, Arkansas. But the public in vain at the time, endeavored to recollect any fact as to either calling for such an honor, and have not been more successful since, except and very recently as to Prentiss. And they have asked, and still ask, if their distinguished services and the good of the country required their elevation to such high rank, why was it not conferred before? And why, why above all, was it the immediate sequence of the sentence against Porter? Who can answer satisfactorily either question? None certainly has as yet come from any quarter. The President of the Court, Major-General Hunter, was also immediately returned to a command from which he had been shortly before removed for acts of alleged mistaken policy, or excess of authority, and from which it has been found necessary to remove him a second time. Of the three witnesses, Major-General Pope was continued in an important command, notwithstanding his sad failure in his Virginia campaign. Brigadier-General Roberts was assigned to a more important one than he had ever held before, or to which any competent officer who had known him believed him equal-nor in his career since has he done any thing to attract attention, except in the way in which his former chief signalized the commencement of his Virginia career, the issuing of proclamations as uncalled for as they were ridiculous and futile. It has also been found necessary in his case, to take it from him, and he is now once more on Pope's staff. What disposition has been made or Lieutenant-Colonel Smith, is not known, and probably no one cares. (Appendix, No. 5, p. 86.) He perhaps continues to be one of the military family of Pope, ready whenever his exigencies may require it, to display for his benefit, the extraordinary faculty which he claims to possess the reading of souls at first sight. The faculty of receiving, to use his own words, an "impression," although unable to analyze it from a few moments' intercourse with another-the power to obtain 66 one of those convictions that a man has a few times, perhaps, in his life, (he is modest enough not to claim to have it always at his command,) as to the character and purposes of a person who he sees for the first time," and although "no man can express altogether how such an im 1 pression is gained from looks and manner, but it is clear." . filling high official places, and whose claim to capacity and confidence, (however riUnder all these circumstances, with diculous these are to those who know every ingenious mind, a sentence an- them,) may have misled a part of the nounced as this was, would be without public. Amongst those are some who the slightest authority, and no reason pretend to be military critics. Possibly could exist for subjecting it to serious themselves led astray by their own turgid examination. The fact, however, that the conceit, they may believe that they pospresent one is maintained and justified by sess this highest of intellectual powers. Mr. Judge-Advocate-General Holt, makes And where they are not self-deluded, it in a measure advisable. The well-es- their blatant patriotism (ever the art of tablished reputation of that officer, his the demagogue) may possibly mislead perfect loyalty, his eminent ability, and the unsuspecting. These last are slow the somewhat plausible character of the to believe that such pretenders to knowlreview, considered by itself, seems to re-edge and virtue can design to delude. quire that that review be answered. For, however, as the writer has good reasons for believing, this is thought to be unnecessary by those who have made themselves acquainted with all the evidence, there must be a numerous class of citizens, who not having done so, may have been led astray by it. Their assumed wisdom for a time is taken at its nominal, not its real worththeir judgments, valued at their author's estimate, and not at their actual value. And for a period, miraculous even as it may appear, they are supposed to be infallible judges of military subjects, to be men whom nature has made chosen obThe ingenuity of the Judge-Advocate, jects of her favor, imparting to them the and his deservedly high reputation, gives faculty of mastering military science to it an authority to which it will be seen without either study or practice, although it is not entitled, when it comes to be ex- in all other respects they are seen to be amined. A reader uninformed as to the placed low in the scale of human capacity. evidence, will be unable to detect his It is consequently possible that to some sophistry or discover his prejudice, a pre-extent these pretenders may have given judice doubtless unknown to himself, but to the sentence of the Court some little not the less strong, and perhaps stronger sanction. This furnishes a further reason on that account. Under this impression, for the vindication of Porter, and to these it is the purpose of the writer to subject several reasons, perhaps, is to be added the review to the ordeal of reason and of yet another. It is not to be disguised truth. This he feels to be not less due to that in the conduct of this sad war, difMajor-General Porter, than to the good ferent views of policy have been enterof the service, and the benefit of the tained in the army as well as in Congress. country. An officer, whose deeds on so The resolution adopted in 1861, with so many battle-fields in the present war have much unanimity by that body, declaring so enhanced the nation's fame, filling with what the object of the Government in the gratitude the very "pulse and veins of war was, was approved with almost the the people," whose patriotism from the same unanimity by the army, men as well first, was not only never before called as officers, and by the people. That into doubt, but admitted, and signally policy, then so generally approved, has honored and rewarded, should not be been since departed from, whether wisely permitted to suffer in the estimation of or not it is not the writer's present design one honest citizen from a paper, what to inquire. The chief authors of the ever of high character may belong to its change have from the first charged almost every military disaster and the failure of a complete triumph over the rebellion to the want of concurrence in the wisdom and propriety of the change in a portion of our military leaders, and have literally clamored for their removal. this class Porter was supposed to belong. author. There are further considerations, which, in the judgment of the writer, call for an answer. Before the sentence was made public and since, Porter has been assailed, with a bitterness implying malignity as well as ignorance, and by a few persons To Whether he did or not the writer has no certain knowledge, though he thinks it probable, as by nature and intelligent patriotism he is conservative and national. But to suspect him of not changing his individual opinion as Congress changed its own, in the estimate of the men alluded to, was fault enough. In their view every officer whose opinions were supposed to be the same on certain subjects as those of McClellan and Porter, and who has failed to abandon them at party bidding, has been continuously assailed with the same bitterness. Even the present Commander-in-Chief is constantly subjected to its fury. Assaults are made upon him from day to day, and with ever increasing violence. His removal is demanded under the pretext of the public good, but really to gratify party purposes. His capacity is denied his patriotism questioned, and the Presidential ear literally dinned with the ignorant and false clamor. Thus far, however, it has been without avail. His having abandoned his distant home on the Pacific, where every comfort surrounded him, and no peril threatened or could come, purely from a sense of patriotic duty to serve the country in the present crisis, and his having subsequently on the field and in the closet given his days and nights to her assistance, all avail nothing. These voracious hawkers after objects of party sacrifice seem literally to gloat, and with no concealed delight, over any officer, (the higher he stands in the public esteem the greater the pleasure,) who they think they can make a victim to their thirst for victims to promote party suc cess. Porter, too, was known to be a personal friend and admirer of McClellan. He had every means of judging of McClellan's capacity, of witnessing his love of country-his constant efforts to serve her, and his military skill and genius, and the result was, that he highly appreciated him as a citizen and an officer. And this, in the view of the men referred to, seemed to be almost if not fully as great an offense as treason. He became therefore at once an object of vituperation, and no efforts were spared to shake the confidence that the President had so conspicuously placed in him. When Pope's dis graceful failure was evidently stirring the public mind to the folly and injustice of taking from McClellan the command of the army of the Potomac, and arresting his plan of further campaign, it became apparently vital to party success that some safety-valve should be found for the harmless escape of the impending indignation. And it was thought that it would be found by ascribing that failure to treasonable conduct on the part of Porter, and this was done. A willing instrument for the purpose, Pope was supposed to be. It is but justice to that officer to say, that when he discovered it, he declined the degrading task. The charges at first were said to be his-he promptly disavowed them. That occurring, an informer was found in Roberts. The result is the dismissal of Porter from the service, whose fame he had so signally enhanced, and its being hailed with delight by the class referred to. Had Porter pursued a different course; had he, with the readiness of a mere party politician, regardless of his former opinions, adopted with instant and proclaimed zeal, those which Congress, forgetting their former opinions, afterward adopted; and especially, had he, oblivious of the teachings of his life, of his good name and honor, and of the opinion of the enlightened and patriotic, proved himself an inordinate braggart, boasted of his own merits, detracted from McClellan's, and stated that he, commanding the army, Richmond would long since have been ours-he, too, would doubtless now not only be in the service, but be the favorite and boast of the very men who have denounced him, and probably have been placed at its head. The rank ignorance of such men, their lofty pretensions, and supercilious arrogance, from its very extravagance, is in a measure captivating. Sublimity is at times found in the excess of the ridicu lous. "An avenue of colossal toads might become sublime." With these remarks, pertinent as the writer thinks to his purpose, he proceeds to answer the Judge-Advocate, and with all the brevity consistent with necessary fullness and perspicuity. Evidently sensible of the insufficiency of the evidence considered by itself, and perhaps more sensible, that the President |