Speech of the Hon. John A. Logan, of Illinois
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| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from Speech of the Hon. John A. Logan, of Illinois: In the Senate of the United States, Thursday, March 13, 1884 Talk about this being a trial of Fitz-John Porter. Sir, he has been tried and convicted and twenty years have passed, but to-day he appears as a prosecutor before the Congress of the United States, against a court legally authorized, and against the martyred President of that time. It is the trial of those who are living; it is the trial of the graves of those who are dead with a charge that they dealt unjustly by him; that they dealt with prejudice against him; that they violated the laws in their verdict; that they misconstrued the evidence; that they rendered an unjust and an unjustifiable decision against him. These are the questions that we are called upon to-day to determine. In deciding a question like this it would seem at least that it should be examined fairly, impartially, and be understood according to the facts and the evidence on that trial, without either prejudice against those who tried or prejudice in favor of the man who was tried. We find, however, on one side of the Chamber a solid vote in favor of this bill. Without desiring to criticise the vote of any one, I hope I may be, pardoned, however for making one remark. It is perfectly natural that when those who engaged in rebellion against a great Government like this failed of success and had themselves been pardoned by the Government should, without any examination of the evidence in the case whatever, feel a sympathy for those who had been during the war dismissed the service of the United States. Why? Because they would naturally sympathise with them and say, "I have been forgiven, therefore I forgive everybody else for any dereliction during the war, no matter whether they were criminally guilty or not, especially when they were convicted for not marching or fighting against us." I can understand the sympathy that exists on that side of the Chamber for this man, but let me say that sympathy ought not to go to the violation of a great principle that underlies the very structure of our Government, and the regulating of the armies of the United States, their discipline and organization. I desire, however, to discuss this question first from a legal standpoint, applying the evidence thereto, and then ask the question whether any Senator in this Chamber, taking the whole case as it stands to-day, can lay his hand upon his heart and conscientiously say, "I am acting according to the law and according to the facts of the case" in voting to restore Porter? First, what is the law in reference to the obedience of orders? A portion of it was read by my friend from Nebraska [Mr. Manderson] but I will read the law as it has been laid down in works that are received as authority both in England and America, in fact all over the civilized world, for the same principles apply everywhere so far as this question is concerned. You will find in the authority quoted by the Senator from Nebraska known as De Hart the same language that he read, which I quote. De Hart says this as a rule laid down in military law: Hesitancy in the execution of a military order is clearly, under most circumstances, a serious offense, and would subject one to severe penalties; but actual disobedience is a crime which the law has stigmatized as of the highest degree, and against which is denounced the extreme punishment of death. (De Hart, p. 165.) The same author says further: "In every case, then, in which an order is not clearly in derogation of some right or obligation created by law, the command of a superior must meet with unhesitating and instant obedience." About the Publisher Forgotten Books publishes hundreds of thousands of rare and
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