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.

I have already, in the exercise of the pardoning power with which the President is vested by the Constitution, remitted the continuing penalty which had made it impossible for Fitz John Porter to hold any office of trust or profit under the Government of the United States; but I am unwilling to give my sanction to any legislation which shall practically annul and set at naught the solemn and deliberate conclusions of the tribunal by which he was convicted and of the President by whom its findings were examined and approved.

CHESTER A. ARTHUR.

PROCLAMATIONS.

BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

Whereas both Houses of Congress did on the 20th instant request the commemoration, on the 23d instant, of the one hundredth anniversary of the surrender by George Washington, at Annapolis, of his commission as Commander in Chief of the patriot forces of America; and

Whereas it is fitting that this memorable act, which not only signalized the termination of the heroic struggle of seven years for independence, but also manifested Washington’s devotion to the great principle that ours is a civic government of and by the people, should be generally observed throughout the United States: 

Now, therefore, I, Chester A. Arthur, President of the United States, do hereby recommend that either by appropriate exercises in connection with the religious services of the 23d instant or by such public observances as may be deemed proper on Monday, the 24th instant, this signal event in the history of American liberty be commemorated; and further, I hereby direct that at 12 o’clock noon on Monday next the national salute be fired from all the forts throughout the country.

In witness whereof I have hereunto set my hand and caused the seal of the United States to be affixed.