Court-martial of Fitz John Porter
Encyclopedia
Court-martial
A court-martial is a military court. A court-martial is empowered to determine the guilt of members of the armed forces subject to military law, and, if the defendant is found guilty, to decide upon punishment.Most militaries maintain a court-martial system to try cases in which a breach of...
of Fitz John Porter
Fitz John Porter
Fitz John Porter was a career United States Army officer and a Union General during the American Civil War...
(November 25, 1862 January 22, 1863) was a major event of the American Civil War
American Civil War
The American Civil War was a civil war fought in the United States of America. In response to the election of Abraham Lincoln as President of the United States, 11 southern slave states declared their secession from the United States and formed the Confederate States of America ; the other 25...
. Major General
Major general (United States)
In the United States Army, United States Marine Corps, and United States Air Force, major general is a two-star general-officer rank, with the pay grade of O-8. Major general ranks above brigadier general and below lieutenant general...
Fitz John Porter was found guilty of disobeying a lawful order, and misconduct in front of the enemy and removed from command based on internal political machinations of the Union
Union Army
The Union Army was the land force that fought for the Union during the American Civil War. It was also known as the Federal Army, the U.S. Army, the Northern Army and the National Army...
. The court-martial was later found to be unjust and overturned, and Porter was reinstated in the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
.
Background
Porter was a career army officer from a family of famous naval officers, including his cousin, David FarragutDavid Farragut
David Glasgow Farragut was a flag officer of the United States Navy during the American Civil War. He was the first rear admiral, vice admiral, and admiral in the United States Navy. He is remembered in popular culture for his order at the Battle of Mobile Bay, usually paraphrased: "Damn the...
, the first United States admiral
Admiral (United States)
In the United States Navy, the United States Coast Guard and the United States Public Health Service Commissioned Corps, admiral is a four-star flag officer rank, with the pay grade of O-10. Admiral ranks above vice admiral and below Fleet Admiral in the Navy; the Coast Guard and the Public Health...
. He graduated from West Point
United States Military Academy
The United States Military Academy at West Point is a four-year coeducational federal service academy located at West Point, New York. The academy sits on scenic high ground overlooking the Hudson River, north of New York City...
in 1845, eighth in his class, and served with great distinction as an artillery officer in the Mexican War. After the war, Porter served in various posts, including a stint as an instructor of artillery at West Point, where he became good friends with both George B. McClellan
George B. McClellan
George Brinton McClellan was a major general during the American Civil War. He organized the famous Army of the Potomac and served briefly as the general-in-chief of the Union Army. Early in the war, McClellan played an important role in raising a well-trained and organized army for the Union...
and William B. Franklin
William B. Franklin
William Buel Franklin was a career United States Army officer and a Union Army general in the American Civil War. He rose to the rank of a corps commander in the Army of the Potomac, fighting in several notable early battles in the Eastern Theater.-Early life:William B. Franklin was born in York,...
and, eventually, post adjutant for Robert E. Lee
Robert E. Lee
Robert Edward Lee was a career military officer who is best known for having commanded the Confederate Army of Northern Virginia in the American Civil War....
.
As tensions increased in 1860, Porter traveled to threatened locations in the South in order to prepare for the upcoming conflict, including Charleston, South Carolina, where he advised Major
Major (United States)
In the United States Army, Air Force, and Marine Corps, major is a field grade military officer rank just above the rank of captain and just below the rank of lieutenant colonel...
Robert Anderson be placed in charge of the defenses and that they be consolidated at Fort Sumter
Fort Sumter
Fort Sumter is a Third System masonry coastal fortification located in Charleston Harbor, South Carolina. The fort is best known as the site upon which the shots initiating the American Civil War were fired, at the Battle of Fort Sumter.- Construction :...
. When war broke out, he initially served on the staff of Major General
Major general (United States)
In the United States Army, United States Marine Corps, and United States Air Force, major general is a two-star general-officer rank, with the pay grade of O-8. Major general ranks above brigadier general and below lieutenant general...
Robert Patterson
Robert Patterson
Robert Patterson was a United States major general during the Mexican-American War and at the beginning of the American Civil War...
, but when his old friend McClellan was asked to take charge of the Army of the Potomac
Army of the Potomac
The Army of the Potomac was the major Union Army in the Eastern Theater of the American Civil War.-History:The Army of the Potomac was created in 1861, but was then only the size of a corps . Its nucleus was called the Army of Northeastern Virginia, under Brig. Gen...
he was transferred to command a division at the new commander's explicit request.
When McClellan took the Army of the Potomac south for the Peninsula Campaign
Peninsula Campaign
The Peninsula Campaign of the American Civil War was a major Union operation launched in southeastern Virginia from March through July 1862, the first large-scale offensive in the Eastern Theater. The operation, commanded by Maj. Gen. George B...
he split the II, III, and IV corps in order to create two new provisional corps, the V Corps under Porter, and the VI Corps under Franklin. McClellan trusted his old friends much more than the other corps commanders, and wanted subordinates he considered loyal. He relied, in particular, on Porter, who often acted as his surrogate on the battlefield during McClellan's frequent absences. One such instance, the Battle of Malvern Hill
Battle of Malvern Hill
The Battle of Malvern Hill, also known as the Battle of Poindexter's Farm, took place on July 1, 1862, in Henrico County, Virginia, on the seventh and last day of the Seven Days Battles of the American Civil War. Gen. Robert E. Lee launched a series of disjointed assaults on the nearly impregnable...
, especially cemented Porter's reputation as a superb commander on the battlefield.
Porter's command at the Second Battle of Bull Run
After the failure of McClellan's Peninsula Campaign, Porter's corps was one of the corps reassigned to the Army of VirginiaArmy of Virginia
The Army of Virginia was organized as a major unit of the Union Army and operated briefly and unsuccessfully in 1862 in the American Civil War. It should not be confused with its principal opponent, the Confederate Army of Northern Virginia, commanded by Robert E...
under Major General John Pope
John Pope (military officer)
John Pope was a career United States Army officer and Union general in the American Civil War. He had a brief but successful career in the Western Theater, but he is best known for his defeat at the Second Battle of Bull Run in the East.Pope was a graduate of the United States Military Academy in...
. Porter shared his commander and friend's dislike for Pope both personally and professionally. As he moved his corps into position at Aquia Creek near Fredericksburg
Fredericksburg
Fredericksburg may refer to a location in the United States:*Fredericksburg, California*Fredericksburg, Indiana*Fredericksburg, Iowa*Fredericksburg, Ohio*Fredericksburg, Pennsylvania , various places*Fredericksburg, Texas...
, Porter sent a number of telegrams to Major General Ambrose Burnside
Ambrose Burnside
Ambrose Everett Burnside was an American soldier, railroad executive, inventor, industrialist, and politician from Rhode Island, serving as governor and a U.S. Senator...
complaining about Pope's poor leadership and handling of the army. Burnside, who, along with many others, shared Porter's low opinion of Pope's abilities, forwarded these communications to McClellan, General-in-Chief
General-in-Chief
General-in-Chief has been a military rank or title in various armed forces around the world.- France :In France, General-in-Chief was first an informal title for the lieutenant-general commanding over others lieutenant-generals, or even for some marshals in charge of an army...
Henry Halleck, Secretary of War Edwin Stanton, and President
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
Abraham Lincoln
Abraham Lincoln
Abraham Lincoln was the 16th President of the United States, serving from March 1861 until his assassination in April 1865. He successfully led his country through a great constitutional, military and moral crisis – the American Civil War – preserving the Union, while ending slavery, and...
. Halleck, Stanton, and Lincoln were not pleased, since Pope had been their choice to lead in an attempt to sideline the uncooperative McClellan. The President was especially displeased, since Pope was a personal friend.
On August 27, the left wing of the Army of Northern Virginia
Army of Northern Virginia
The Army of Northern Virginia was the primary military force of the Confederate States of America in the Eastern Theater of the American Civil War, as well as the primary command structure of the Department of Northern Virginia. It was most often arrayed against the Union Army of the Potomac...
under Thomas J. "Stonewall" Jackson
Stonewall Jackson
ຄຽשת״ׇׂׂׂׂ֣|birth_place= Clarksburg, Virginia |death_place=Guinea Station, Virginia|placeofburial=Stonewall Jackson Memorial CemeteryLexington, Virginia|placeofburial_label= Place of burial|image=...
seized Pope's supply depot at Manassas Junction. Pope believed the main Confederate army to be somewhere south of his force and so became panicked and sent a flurry of orders. In a repetitive and unorganized telegram sent to Porter, Pope ordered him to join him at Bristoe Station
Bristow, Virginia
Bristow is an unincorporated town in Prince William County, Virginia, United States. The population was 8,910 in the 2000 census, and the 2009 estimate was 15,137....
by morning with his corps, or as much of his corps as he could gather by 1:00 in the morning. He was also to send word to another Union corps commander, Major General Nathaniel P. Banks, to secure Warrenton Junction
Warrenton, Virginia
Warrenton is a town in Fauquier County, Virginia, United States. The population was 6,670 at the 2000 census, and 14,634 at the 2010 estimate. It is the county seat of Fauquier County. Public schools in the town include Fauquier High School, Warrenton Middle School, Taylor Middle School and two...
.
Porter consulted with his divisional commanders, Major General George W. Morell
George W. Morell
George Webb Morell was a civil engineer, lawyer, farmer, and a Union general in the American Civil War.-Early life:...
and Brigadier General
Brigadier general (United States)
A brigadier general in the United States Army, Air Force, and Marine Corps, is a one-star general officer, with the pay grade of O-7. Brigadier general ranks above a colonel and below major general. Brigadier general is equivalent to the rank of rear admiral in the other uniformed...
George Sykes
George Sykes
George Sykes was a career United States Army officer and a Union General during the American Civil War.-Early life:...
, about the feasibility of marching that evening. Both generals were against the movement, they would later testify, but Porter wanted to go forward. Morrell and Sykes were finally able to convince Porter that the way was too dark and they were too unsure of the location of the Confederate forces in order to move in the dark and the order to move at 1:00 am was disregarded and instead the V Corps moved to Bristoe Station the morning of August 28,. By 5:30 that evening when Jackson's men first engaged a division from the corps of Major General Irvin McDowell
Irvin McDowell
Irvin McDowell was a career American army officer. He is best known for his defeat in the First Battle of Bull Run, the first large-scale battle of the American Civil War.-Early life:...
Porter had moved his men to Greenwich
Greenwich, Virginia
Greenwich is an unincorporated community in Prince William County, in the U.S. state of Virginia....
, making him the most westerly located corps commander in the Army of Virginia.
During the next morning, August 29, Pope's attention was occupied along the unfinished railroad grade that Jackson was using as defense while the Union army assaulted in wave after wave. Meanwhile, Porter, now joined with parts of McDowell's III Corps and the general himself, repulsed an exploratory attack by the Confederate cavalry division under Major General J.E.B. Stuart
J.E.B. Stuart
James Ewell Brown "Jeb" Stuart was a U.S. Army officer from Virginia and a Confederate States Army general during the American Civil War. He was known to his friends as "Jeb", from the initials of his given names. Stuart was a cavalry commander known for his mastery of reconnaissance and the use...
. Porter and McDowell had no sooner halted their advance when they received an order from Pope, now known as the "Joint Order." Historian John J. Hennessy described the order as a "masterpiece of contradiction and obfuscation that would become the focal point of decades of wrangling." It described the attacks on Jackson's left, which were already underway, but was unclear about what Porter and McDowell were supposed to do. Rather than moving "to" Gainesville and striking Jackson's supposedly unprotected right flank, it described a move "toward" Gainesville and "as soon as communication is established [with the other divisions] the whole command shall halt. It may be necessary to fall back behind Bull Run to Centreville tonight." Nowhere in the order did Pope explicitly direct Porter and McDowell to attack and he concluded the order with "If any considerable advantages are to be gained from departing from this order it will not be strictly carried out," rendering the document virtually useless as a military order.
Pope launched another assault on Jackson, believing that Porter and McDowell would be attacking Jackson's right-flank at any moment. But Brigadier General John Buford
John Buford
John Buford, Jr. was a Union cavalry officer during the American Civil War, with a prominent role at the start of the Battle of Gettysburg.-Early years:...
had arrived from Thoroughfare Gap
Battle of Thoroughfare Gap
The Battle of Thoroughfare Gap, also known as Chapman's Mill, took place on August 28, 1862, in Fauquier County and Prince William County, Virginia, as part of the Northern Virginia Campaign of the American Civil War. Confederate forces under Maj. Gen. James Longstreet successfully drove back Union...
to report that Major General James Longstreet's
James Longstreet
James Longstreet was one of the foremost Confederate generals of the American Civil War and the principal subordinate to General Robert E. Lee, who called him his "Old War Horse." He served under Lee as a corps commander for many of the famous battles fought by the Army of Northern Virginia in the...
wing of the Army of Northern Virginia had broken out of the Shenandoah Valley
Shenandoah Valley
The Shenandoah Valley is both a geographic valley and cultural region of western Virginia and West Virginia in the United States. The valley is bounded to the east by the Blue Ridge Mountains, to the west by the eastern front of the Ridge-and-Valley Appalachians , to the north by the Potomac River...
and was on its way to the battlefield. In fact, by noon, the first units of Longstreet's corps were already taking up positions guarding Jackson's right. McDowell, the senior commander, decided to not move the two corps to Gainesville and attack, but, for unknown reasons, did not forward Buford's report to Pope.
At 4:30 pm, Pope, frustrated that no attack was occurring on Jackson's right flank and still unaware of Longstreet's presence, despite numerous reports of a large Confederate force forming west of his position, sent an explicit order to attack by way of his nephew. But his nephew became lost and was unable to deliver the message until 6:30 pm. Even had the message been on time, it was impossible for Porter to both move forward and attack Jackson's right flank and maintain contact with Brigadier General John F. Reynolds's
John F. Reynolds
John Fulton Reynolds was a career United States Army officer and a general in the American Civil War. One of the Union Army's most respected senior commanders, he played a key role in committing the Army of the Potomac to the Battle of Gettysburg and was killed at the start of the battle.-Early...
division of McDowell's corps. To attack would place the V Corps on one side of Longstreet's Corps and Reynolds on the other. Porter again ignored Pope's orders and Pope again assumed Porter was attacking and launched a costly attack on Jackson's left flank. During the attack, McDowell finally delivered Buford's report to Pope, who then had to acknowledge that Longstreet was on the battlefield. When the attack failed, Pope sent explicit orders to Porter to march his corps to the main battlefield and meet with him personally. Porter did so, but sent one of his brigades to Centreville
Centreville, Virginia
Centreville is an unincorporated community in Fairfax County, Virginia, United States. Recognized by the U.S. Census Bureau as a Census Designated Place , the community population was 71,135 as of the 2010 census and is approximately west of Washington, DC.-Colonial Period:Beginning in the 1760s,...
.
That night Pope convened his generals and they argued about the Confederate's intentions. Pope insisted that Longstreet had arrived only to help cover Jackson's retreat. Porter insisted that Jackson was still well-entrenched and determined to fight, but McDowell claimed to be unable to find evidence that Jackson's corps was holding position. Pope ordered another large-scale assault on Jackson the next day, with Porter's corps leading the attack.
On the morning of August 30, Porter organized his corps for the assault, but it took them two hours to organize and begin their movement. Some of Porter's men had to cross 600 yards of open pasture land, the final 150 yards of which were steeply uphill, to attack a strong position behind the unfinished railroad; others had only 300 yards to traverse, but were required to perform a complex right wheel maneuver under fire to hit the Confederate position squarely in its front. They experienced devastating fire from Confederate batteries and then withering volleys from the infantrymen in the line. Nevertheless, they were able to break the Confederate line, but Confederate reinforcements drove them back. In what was arguably the most famous incident of the battle, some Confederate brigades fired so much that they ran out of ammunition and resorted to throwing large rocks. To support Jackson's exhausted defense, Longstreet's artillery added to the barrage against Union reinforcements attempting to move in, cutting them to pieces.
As the V Corps fell back, Longstreet launched his counter-attack, sweeping Pope's whole army back and threatening to rout it. A difficult defense of Henry Hill by some of Sykes' division was all that allowed the Union to stabilize the situation and retreat from Manassas in an orderly fashion.
Court-martial
After the battle, Pope was relieved of command and his corps was merged into McClellan's Army of the Potomac. Pope was sent to MinnesotaMinnesota
Minnesota is a U.S. state located in the Midwestern United States. The twelfth largest state of the U.S., it is the twenty-first most populous, with 5.3 million residents. Minnesota was carved out of the eastern half of the Minnesota Territory and admitted to the Union as the thirty-second state...
to command U.S. forces in the Dakota War of 1862
Dakota War of 1862
The Dakota War of 1862, also known as the Sioux Uprising, was an armed conflict between the United States and several bands of the eastern Sioux. It began on August 17, 1862, along the Minnesota River in southwest Minnesota...
, but kept up a correspondence with his allies in Washington. McClellan, meanwhile, led his army to a victory over the Army of Northern Virginia at the Battle of Antietam
Battle of Antietam
The Battle of Antietam , fought on September 17, 1862, near Sharpsburg, Maryland, and Antietam Creek, as part of the Maryland Campaign, was the first major battle in the American Civil War to take place on Northern soil. It was the bloodiest single-day battle in American history, with about 23,000...
, but failed to rout them, in part because he was too nervous to commit Porter's V Corps to battle after the general is said to have warned him, "Remember, General, I command the last reserve of the last Army of the Republic." In the weeks following the battle, McClellan failed to take any decisive action and Lee's army slipped back into Virginia to regroup and fight again. On November 5, McClellan was ordered to hand over his command to Burnside. Two and a half weeks later, on November 25, without the protection of his friend as commander of the army, Porter was arrested and relieved of command.
Charges
Porter was charged with two violations of the Articles of WarUniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
for his actions during the Second Battle of Bull Run, Article IX, disobeying a lawful order, and Article LII, misbehavior in front of the enemy. Both charges contained specifications, examples when Porter allegedly committed the offense. The two charges were serious and a conviction could result in anything from expulsion from the army to execution. Due to the rules of courts-martial, charges were filed not by Pope himself, but by Brigadier General B.S. Roberts
Benjamin S. Roberts
Benjamin Stone Roberts was an American lawyer, civil engineer, and a general in the Union Army during the American Civil War.-Early life:...
, the Inspector-General of the Army of Virginia.
First Charge: Disobeying a Lawful Order
- Specification 1: disobeying Pope's order on the night of August 27 to move to Bristoe Station at 1:00 am
- Specification 2: disobeying Pope's order on the morning of August 29 to move the V Corps towards Gainesville
- Specification 3: disobeying Pope's order on the afternoon of August 29 to attack Jackson's right flank
- Specification 4: disobeying Pope's further order on the evening of August 29 to commence an attack on Jackson's right flank immediately
- Specification 5: sending one brigade to Centreville on the night of August 29, in disobedience of Pope's orders to bring his entire corps to the battlefield
Second Charge: Misbehavior in Front of the Enemy
- Specification 1: not engaging, nor making any effort to engage, Jackson's right flank as ordered on the afternoon of August 29, but instead falling back
- Specification 2: falling back on August 29, while in earshot of the battle and knowing his corps was needed, without even attempting to ascertain the strength of the enemy
- Specification 3: falling back on August 29, while aware that Pope's attacks were failing, and thereby aiding in the defeat of a Union army and placing in jeopardy the capital city
- Specification 4: moving slowly to attack on August 30, and, when the attack had commenced, not making a full effort and not attempting to rally his troops or otherwise inspire them to break through the enemy line
In the first charge, Pope – through his inspector general – was trying to prove that Porter's failing to follow his orders resulted in the situation which gave the Confederates the upper hand on the battlefield. Of particular importance to Pope was the assertion that if Porter had moved at 1:00 am as ordered, Longstreet would have been unable to take up the close position on Jackson's right flank and then the Confederates behind the unfinished railroad grade might have been dislodged. This also helped draw attention away from Pope's failure to acknowledge the reality of Longstreet's corps arrival to the battlefield, though the general would continue to deny that the second Confederate corps had arrived until the evening of August 29.
In the second, Pope accused Porter of cowardice at best, open treason at worst. Porter plead "not guilty" to all charges.
Court
The trial was prosecuted by the United States Army Judge Advocate General Colonel Joseph HoltJoseph Holt
General Joseph Holt was a leading member of the Buchanan administration and was Judge Advocate General of the United States Army, most notably during the Lincoln assassination trials.-Early life:...
himself. Secretary of War
United States Secretary of War
The Secretary of War was a member of the United States President's Cabinet, beginning with George Washington's administration. A similar position, called either "Secretary at War" or "Secretary of War," was appointed to serve the Congress of the Confederation under the Articles of Confederation...
Edwin Stanton – a McClellan opponent – is said to have picked the make-up of the court personally.
- Major General David HunterDavid HunterDavid Hunter was a Union general in the American Civil War. He achieved fame by his unauthorized 1862 order emancipating slaves in three Southern states and as the president of the military commission trying the conspirators involved with the assassination of President Abraham Lincoln.-Early...
, President of the court, and a veteran of the First Battle of Bull Run and close political ally of Lincoln - Major General E.A. HitchcockEthan A. Hitchcock (general)Ethan Allen Hitchcock was a career United States Army officer and author who had War Department assignments in Washington, D.C., during the American Civil War, in which he served as a major general.-Early life:...
, the former chairman of the War Board, which advised Lincoln and Stanton on war matters during the time between McClellan and Halleck's stints as General-in-Chief - Brigadier General Rufus King, divisional commander in McDowell's corps who was absent from the battle due to a bout of epilepsy and Lincoln's former emissary to Rome
- Brigadier General Benjamin PrentissBenjamin PrentissBenjamin Mayberry Prentiss was an American soldier and politician. He fought in the Mexican-American War and on the Union side of the American Civil War, rising to the rank of major general....
, a renowned general who had served with Ulysses S. GrantUlysses S. GrantUlysses S. Grant was the 18th President of the United States as well as military commander during the Civil War and post-war Reconstruction periods. Under Grant's command, the Union Army defeated the Confederate military and ended the Confederate States of America...
, but had just been released from Confederate hands in a prisoner exchange - Brigadier General James Ricketts, another of McDowell's divisional commanders, who had attempted to hold Longstreet's corps at Thoroughfare Gap
- Brigadier General Silas CaseySilas CaseySilas Casey was a career United States Army officer who rose to the rank of Major General during the American Civil War.-Early life and military career:...
, a career general and author of a several volume, influential manual on infantry tactics that had just been published - Brigadier General James A. Garfield, a hero of the Battle of ShilohBattle of ShilohThe Battle of Shiloh, also known as the Battle of Pittsburg Landing, was a major battle in the Western Theater of the American Civil War, fought April 6–7, 1862, in southwestern Tennessee. A Union army under Maj. Gen. Ulysses S. Grant had moved via the Tennessee River deep into Tennessee and...
who had returned east due to poor health, and just been elected to the House of Representatives from Ohio - Brigadier General Napoleon Bonaparte BufordNapoleon Bonaparte BufordNapoleon Bonaparte Buford was an American soldier, Union general in the American Civil War, and railroad executive. He was the half-brother of the famous Gettysburg hero, John Buford, but never attained his sibling's military distinction.-Birth and early years:Buford was the son of John and Nancy...
, the half-brother of John Buford, the cavalry officer whose report on Longstreet's movement McDowell did not forward to Pope - Brigadier General John P. SloughJohn P. SloughJohn Potts Slough was an American politician, lawyer, Union general during the American Civil War, and Chief Justice of New Mexico. He commanded the Union forces at the Battle of Glorieta Pass.-Early life and career:Slough was born in Cincinnati, Ohio...
, the military governor of the City of Alexandria
For his defense, Porter chose Reverdy Johnson
Reverdy Johnson
Reverdy Johnson was a statesman and jurist from Maryland.-Early life:Born in Annapolis, Johnson was the son of a distinguished Maryland lawyer and politician, John Johnson . He graduated from St. John's College in 1812 and then studied law...
, former Attorney General
United States Attorney General
The United States Attorney General is the head of the United States Department of Justice concerned with legal affairs and is the chief law enforcement officer of the United States government. The attorney general is considered to be the chief lawyer of the U.S. government...
for Zachary Taylor
Zachary Taylor
Zachary Taylor was the 12th President of the United States and an American military leader. Initially uninterested in politics, Taylor nonetheless ran as a Whig in the 1848 presidential election, defeating Lewis Cass...
. Johnson was a contentious figure in the north. He was a staunchly conservative Democrat who had supported Stephen Douglas
Stephen A. Douglas
Stephen Arnold Douglas was an American politician from the western state of Illinois, and was the Northern Democratic Party nominee for President in 1860. He lost to the Republican Party's candidate, Abraham Lincoln, whom he had defeated two years earlier in a Senate contest following a famed...
against Lincoln and who had argued on behalf of the slave-owning defendant in the infamous Dred Scott case
Dred Scott v. Sandford
Dred Scott v. Sandford, , also known as the Dred Scott Decision, was a ruling by the U.S. Supreme Court that people of African descent brought into the United States and held as slaves were not protected by the Constitution and could never be U.S...
. But Johnson was known to be personally opposed to slavery and had been instrumental in ensuring Maryland
Maryland
Maryland is a U.S. state located in the Mid Atlantic region of the United States, bordering Virginia, West Virginia, and the District of Columbia to its south and west; Pennsylvania to its north; and Delaware to its east...
remained in the Union.
Trial
Hunter determined that the trial should be open to the public and the newspapers and daily magazines all rushed to get reporters and artists to Washington. In the wake of the tumultuous election loss for Republicans, most of the country viewed the trial through partisan, political eyes. Newspapers, including the New York Times, dutifully recorded and printed the testimony, often accentuating the most outrageous aspects of it. It was not a difficult task. The prosecution found ready testimony from other officers of Pope's army that sought to clear their own names after the disaster of Manassas. McDowell, in the midst of answering to his own court of inquiry regarding actions around Manassas that had led to his virtual banishment from the army, was an eager cooperator in pinning much of the blame of the loss on Porter. Even more damaging than the testimony of prominent Republican generals was that the only maps used during the trial were supplied by Pope and substantiated his version of the time-line for the positioning of Longstreet's corps.The defense argued that Pope was incompetent, and that Porter's actions had saved the army from an even greater defeat. Sykes and Morell testified on behalf of their former commander that movement on the night of August 27 was not only impractical, but reckless. Even Burnside took a leave from his command to testify on behalf of Porter in reference to the telegrams criticizing Pope he had received, though the newest commander of the Army of the Potomac had a specific interest in drawing attention away from his own recent loss at the Battle of Fredericksburg
Battle of Fredericksburg
The Battle of Fredericksburg was fought December 11–15, 1862, in and around Fredericksburg, Virginia, between General Robert E. Lee's Confederate Army of Northern Virginia and the Union Army of the Potomac, commanded by Maj. Gen. Ambrose E. Burnside...
. Other prominent friends of Porter, including McClellan, who was now openly decrying Lincoln and making plans to enter into Democratic Party politics, testified that the vast majority of the army agreed with Porter's assessments of Pope's poor leadership expressed in the telegrams.
Ultimately, both sides turned the case into one of character. For the prosecution, Porter was an arrogant disciple of an arrogant commander (McClellan), who was more interested in his own career than in the good of his country. Much was made of his previous relationship with Lee at West Point and of his role as McClellan's protege, just as McClellan had been the protege of then-Secretary of War Jefferson Davis
Jefferson Davis
Jefferson Finis Davis , also known as Jeff Davis, was an American statesman and leader of the Confederacy during the American Civil War, serving as President for its entire history. He was born in Kentucky to Samuel and Jane Davis...
. Porter had had more affection for these connections and so let his contempt for Pope override obedience to his superior and handed victory to the Confederates.
To the defense, Porter was an American hero that had been wronged by a petty, incompetent former commander who happened to be friends with the President. His record of service before the war, and especially his successes during the Peninsula Campaign were cited as evidence for his loyalty.
The Court held their vote in secret, but word of it leaked out to the press. Porter first heard the results when a New York Times correspondent asked him for a comment. He was found guilty of both charges, though not guilty of the fourth and fifth specifications of the first charge, and the implication that he had retreated in the first specification of the second charge was stricken. On January 21, the court ordered Fitz John Porter cashiered, or dismissed from the army for disciplinary reasons, and "forever disqualified from holding any office of trust or profit under the Government of the United States."
Porter attempts to clear his name
The conviction, rather than ending the controversy, served only to extend it. Coupled with the disastrous loss at Fredericksburg, the near mutiny of Burnside's officers after the Mud MarchMud March (American Civil War)
The Mud March was an abortive attempt at a winter offensive in January 1863 by Union Army Maj. Gen. Ambrose Burnside in the American Civil War....
, and the resurgence of the Democratic Party, which was increasingly calling for negotiated settlement, the trial severely unsettled the public perception of competence in the army and administration. The New York Times even went so far as to question the loyalty-inspiring capabilities of West Point as an institute, though it took the conviction as proof that the vast majority of West Pointers were loyal, unlike Porter.
Porter immediately set about attempting to overturn the conviction. He set about extensively surveying and mapping the battleground to develop a comprehensive map of every tree, bush, and hill in the vicinity of his corps. Then he began meticulously transcribing testimony of anyone he could get to cooperate in order to record exact positions during the battle. With the help of his friends, especially the increasingly powerful McClellan, he began petitioning famous figures to write letters on his behalf. They also used their influence to try to get state and local lawmakers to pass resolutions condemning the U.S. government for dismissing Porter.
He also tried to draw attention to the make-up of the court and argued that a Republican administration had fixed a court to rule against him in order to protect its own interests. Not long after he had testified as an administration witness against Porter, McDowell's court of inquiry exonerated him of wrongdoing at the Second Battle of Bull Run and recommended he be returned to command. Several of the other officers on the court received promotions shortly after the trial.
But Porter's actions were met with furious counter-actions. Stanton repeatedly blocked any attempt by the government to re-investigate the matter and saw to it that officers who spoke out in support of Porter were punished. In the Republican press especially, Porter was savaged as a traitor who had escaped the punishment he had deserved. The New York Times opined that not only was Porter's crusade to overturn his conviction immoral in that it encouraged dissent in the ranks, but that the general himself ought to have been executed.
When the war ended, Porter wrote to both Lee and Longstreet asking for their assistance in the matter and also petitioned to be allowed access to captured papers of the Confederacy. Both Lee and Longstreet replied, Longstreet in great detail, and Porter used the evidence to garner supporters to send petitions to President Andrew Johnson
Andrew Johnson
Andrew Johnson was the 17th President of the United States . As Vice-President of the United States in 1865, he succeeded Abraham Lincoln following the latter's assassination. Johnson then presided over the initial and contentious Reconstruction era of the United States following the American...
asking for a new trial. Resolutions demanding his case be reopened and equally fierce denunciations of those resolution had swirled on the local and national level, barely slowed since January 1863, but Porter supporters – now including such famous generals as Ulysses S. Grant
Ulysses S. Grant
Ulysses S. Grant was the 18th President of the United States as well as military commander during the Civil War and post-war Reconstruction periods. Under Grant's command, the Union Army defeated the Confederate military and ended the Confederate States of America...
, William Tecumseh Sherman
William Tecumseh Sherman
William Tecumseh Sherman was an American soldier, businessman, educator and author. He served as a General in the Union Army during the American Civil War , for which he received recognition for his outstanding command of military strategy as well as criticism for the harshness of the "scorched...
, and George H. Thomas, which contributed greatly to their rapid decline in popularity with their own party – were finally gaining enough headway to reexamine the issue.
However, the President had no power to hold a new trial and, despite his support for Porter, during Grant's term he was unwilling to revisit the decision in any fashion, perhaps to appease Republican supporters. Finally, in 1878, President Rutherford B. Hayes
Rutherford B. Hayes
Rutherford Birchard Hayes was the 19th President of the United States . As president, he oversaw the end of Reconstruction and the United States' entry into the Second Industrial Revolution...
commissioned a board under Major General John Schofield
John Schofield
John McAllister Schofield was an American soldier who held major commands during the American Civil War. He later served as U.S. Secretary of War and Commanding General of the United States Army.-Early life:...
, who had briefly replaced Stanton as Secretary of War after Johnson forced him out
Impeachment of Andrew Johnson
The Impeachment of Andrew Johnson, 17th President of the United States, was one of the most dramatic events in the political life of the United States during Reconstruction, and the first impeachment in history of a sitting United States president....
, to investigate.
Schofield Commission
Schofield was joined by Brigadier General Alfred TerryAlfred Terry
Alfred Howe Terry was a Union general in the American Civil War and the military commander of the Dakota Territory from 1866 to 1869 and again from 1872 to 1886.-Early life and career:...
, in between stints commanding U.S. forces in the Dakota Territory
Dakota Territory
The Territory of Dakota was an organized incorporated territory of the United States that existed from March 2, 1861, until November 2, 1889, when the final extent of the reduced territory was split and admitted to the Union as the states of North and South Dakota.The Dakota Territory consisted of...
, and Colonel
Colonel
Colonel , abbreviated Col or COL, is a military rank of a senior commissioned officer. It or a corresponding rank exists in most armies and in many air forces; the naval equivalent rank is generally "Captain". It is also used in some police forces and other paramilitary rank structures...
(since wartime brevets
Brevet (military)
In many of the world's military establishments, brevet referred to a warrant authorizing a commissioned officer to hold a higher rank temporarily, but usually without receiving the pay of that higher rank except when actually serving in that role. An officer so promoted may be referred to as being...
had reverted to regular army ranks) George W. Getty
George W. Getty
George Washington Getty was a career military officer in the United States Army, most noted for his role as a division commander in the Army of the Potomac during the final full year of the American Civil War....
, who had been part of Burnside's corps that had not made it in time to the battlefield near Manassas in August 1862. They reviewed the extensive evidence compiled by Porter during the intervening years and conducted interviews of their own with principles from both sides of the fighting on the day of the battle.
On March 19, 1879, the commission issued a report to President Hayes recommending that "justice requires at [the President's] hands such action as may be necessary to annul and set aside the findings and sentence of the court-martial in the case of Maj. Gen. 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 report found Porter guilty of no wrong-doing during the course of action on August 29, 1862, and, in fact, credited him with saving the Union Army from an even greater defeat, declaring:
What General Porter actually did do, although his situation was by no means free from embarrassment and anxiety at the time, now seems to have been only the simple, necessary action which an intelligent soldier had no choice but to take. It is not possible that any court-martial could have condemned such conduct if it had been correctly understood. On the contrary, that conduct was obedient, subordinate, faithful, and judicious. It saved the Union army from disaster on the 29th of August.
Though the report—a detailed narrative of the entire events of the battle from a third-person perspective of Porter—focused on absolving Porter of guilt for disobedience to orders or misbehavior in the face of the enemy, it also attributed much of the confusion of the situation and overall loss of the battle to Pope and McDowell. Pope is repeatedly described as out of touch with the situation and unaware of troop positions as he issues orders. Accordingly, Porter had to decide mid-battle whether to be "true" to a very confused commander. Two credible witnesses testified that, during the time of his original court martial, Porter said privately that he had not been "true to Pope." The commission rested its decision on other evidence. Focusing specifically on the 4:30 order to attack Jackson's right flank, the commission determined that not only had Pope's nephew arrived much later than he had claimed in the court-martial, rendering the order obsolete, but that if he had arrived promptly Porter would still not have been able to carry out an attack as "such an attack, under such circumstances, would have been not only a great blunder, but, on the part of an intelligent officer, it would have been a great crime."
The harshest criticism was saved for McDowell, who was repeatedly described as indecisive, uncommunicative, and inept. Under the Articles of War, McDowell should have taken command of both his and Porter's corps, as the senior officer, either on his own initiative when determining Longstreet's arrival or upon the arrival of the "Joint Order." Instead, he hesitated, deferred, and then ultimately split the command, leaving Porter with 9,000 men to face Longstreet's corps of at least 20,000. The report stated that McDowell at best drastically misunderstood the situation and his own responsibilities when testifying, at worst perjured himself. After the issuance of the report, McDowell's reputation suffered greatly.
While lauding his actions, Schofield and his fellow justices found fault with Porter's behavior before the battle. They attributed some of the negative feelings he had expressed to the confusion of command from Washington, since it was unclear if Pope's army was intended to unite to McClellan's, McClellan's to Pope's, or both together, with Halleck himself arriving to take command. The report declared that the telegrams to Burnside and other negative statements by Porter were beyond the scope of the investigation and only tangential to the events of the battle, but "that the indiscreet and unkind terms in which General Porter expressed his distrust of the capacity of his superior commander cannot be defended. And to that indiscretion was due, in very great measure, the misinterpretation of both his motives and his conduct and his consequent condemnation."
Despite the commission's findings, political opposition still prevented Porter from obtaining reinstatement. Hayes, a Republican, did not have the political support to overcome his own party's opposition to a pardon. Porter was still seen by the Radical Republicans as a traitor and his success in obtaining national figures to speak on his behalf was seen as connected to a dangerous resurgence of the Democrats in national politics. And when Hayes left office, he was succeeded by James A. Garfield, who had voted to convict Porter as part of the court. When, on May 6, 1882, President Chester A. Arthur
Chester A. Arthur
Chester Alan Arthur was the 21st President of the United States . Becoming President after the assassination of President James A. Garfield, Arthur struggled to overcome suspicions of his beginnings as a politician from the New York City Republican machine, succeeding at that task by embracing...
—who succeeded Garfield after his assassination—commuted Porter's sentence to restore his rights of citizenship and to hold public office, it was seen by the New York Times as a collapse to pressure from powerful interest, and special note was made that the President had not agreed or disagreed with the Schofield Commission in his order.
Much partisan wrangling erupted in both houses of Congress. The Radical Republicans were organized primarily by Senator John A. Logan
John A. Logan
John Alexander Logan was an American soldier and political leader. He served in the Mexican-American War and was a general in the Union Army in the American Civil War. He served the state of Illinois as a state senator, congressman and senator and was an unsuccessful candidate for Vice President...
, one of Grant's top generals during the Vicksburg campaign
Battle of Vicksburg
The Siege of Vicksburg was the final major military action in the Vicksburg Campaign of the American Civil War. In a series of maneuvers, Union Maj. Gen. Ulysses S. Grant and his Army of the Tennessee crossed the Mississippi River and drove the Confederate army of Lt. Gen. John C...
, and focused on the illegality of the Schofield Commission and the perceived traitorous nature of Porter. Despite their vocal and fierce counterattack and after a veto by President Arthur was overridden, a bill passed the Congress to restore Porter to his regular army rank of Colonel, dated to May 1863, but with no compensation for back pay missed on August 5, 1866. Two days later, vindicated, Porter retired from the army. He would not receive an official pardon until Grover Cleveland
Grover Cleveland
Stephen Grover Cleveland was the 22nd and 24th president of the United States. Cleveland is the only president to serve two non-consecutive terms and therefore is the only individual to be counted twice in the numbering of the presidents...
took office, the first Democrat elected since 1857.
Today
Though the obsessive, partisan animosity that gripped much of the country during the trial and subsequent attempts to overturn the verdict have been almost entirely forgotten, the effect of the meticulous casework undertaken by Porter and his allies can be seen at Manassas National Battlefield ParkManassas National Battlefield Park
Manassas National Battlefield Park, located north of Manassas, in Prince William County, Virginia preserves the site of two major American Civil War battles: the First Battle of Bull Run on July 21, 1861, and the Second Battle of Bull Run which was fought between August 28 and August 30, 1862...
, the site of the Second Battle of Bull Run. When construction of the Steven F. Udvar-Hazy Center
Steven F. Udvar-Hazy Center
The Steven F. Udvar-Hazy Center is the Smithsonian National Air and Space Museum 's annex at Washington Dulles International Airport in the Chantilly area of Fairfax County, Virginia, United States....
, an annex to the Smithsonian Institution
Smithsonian Institution
The Smithsonian Institution is an educational and research institute and associated museum complex, administered and funded by the government of the United States and by funds from its endowment, contributions, and profits from its retail operations, concessions, licensing activities, and magazines...
's National Air and Space Museum
National Air and Space Museum
The National Air and Space Museum of the Smithsonian Institution holds the largest collection of historic aircraft and spacecraft in the world. It was established in 1976. Located in Washington, D.C., United States, it is a center for research into the history and science of aviation and...
, disturbed wetlands on the site, the Smithsonian and its funders paid to restore portions of the Battlefield Park that had been disrupted by construction during the 1980s by John T. "Til" Hazel to their 1862 conditions. Using Porter's extremely detailed maps, they were able to restore the grounds to within one inch of their previous form and replant to create the most historically accurate battlefield in the park system.
Porter's papers are available through the Library of Congress.