Brewster, Benjamin Harris (1816-1888) Opinion of the Attorney-General on the act entitled "An Act For The Relief of Fitz-John Porter."
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Gilder Lehrman Collection #: GLC08444 Author/Creator: Brewster, Benjamin Harris (1816-1888) Place Written: Washington, D.C. Type: Pamphlet Date: 1884 Pagination: 9 p. ; 26.2 x 17.9 cm. Order a Copy
Brewster examined the bill for the restoration of Fitz-John Porter to the Army. In conclusion, states: "The bill is subject to objection, upon the ground that it is to be filled by a particular individual named. If this principle were adopted generally in the creation of offices it would obviously result in constraining the appointing power to accept the condition imposed and fill the offices with the individuals designated by Congress, thus frustrating the design of the Constitution... "
In 1878 and 1879, General Porter was placed before a military board gathered to reevaluate his actions in the Battle of Second Manassas. In March 1879, the board exonerated Porter of former charges placed against him. In the 1880s, Porter's sentence was officially reversed, and under a special act of Congress, his commission was restored (with no back pay due). In an autobiographical sketch (refer to GLC02494.07) he notes, "restoration to the army by President Cleveland under authority of act of Congress dated July 1 '86- Commission as Colonel dating back to May 14 1861. Placed on the retired list of the Army as Colonel July 7 1886."
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