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Collection Reference Number GLC08444
From Archive Folder Documents Relating to the 1880s 
Title Opinion of the Attorney-General on the act entitled "An Act For The Relief of Fitz-John Porter."
Date 1884
Author Brewster, Benjamin Harris (1816-1888)  
Document Type Legal document
Content Description 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... "
Subjects Civil War  Military History  Union General  US Constitution  Congress  Government and Civics  
People Brewster, Benjamin Harris (1816-1888)  Porter, Fitz John (1822-1901)  
Place written Washington, D.C.
Theme Law; Government & Politics; The American Civil War
Sub-collection The Gilder Lehrman Collection, 1860-1945
Additional Information 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."
Copyright The Gilder Lehrman Institute of American History
Module Civil War, Reconstruction and the Modern Era: 1860-1945
Civil War: Theater of War Main Eastern Theater