Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1815-04-29
THE NAVY BOARD.
From che Nanonal InteiHgeneer.

performed with perfect beauty and harmony,
shou in all cases, where they appear to bor--
der on each other, be distinctly traced.
As some misrepresentation seem to prevail in
the public mind, touching the nature and ex-
tent of the duties and privileges invs sted by
law in the Board of Naval Commissioners, IL
may not be ainiss 60 say few words concerning
the m: so that upon n correct and concise view
OF the case it may be clearly perceived how far
the Board is subject TO control. From an nc
CITRATE and legitimate construction of the act By
which this Board was constituted, it must fol-
low conclusively, that its members a,e not sub
ject to ORDERS. nor under the control OF the Sc
cretary OF the Navy, to the extent which some
have supposed. To elucidate this, it will be
necessary to attend to the several sections of
the act somewhat in detail. The first section
authorises the President of the United States.
by and with the advice and consent of the Senate,
70 appoint three officers of the Navy, whose
rank shall not be below q Post Captain, who
shall constitute Board Of Coniriissioaers for the
Navy OF the United States which Board shall
have power to adopt such rules and regulations
for the government Of their meetings as they may
Judge expedient.
BY this section new and distinct character
is given to tile persons thus selected from the
officers of the navy and they will certainly have
new and distinct commission. It likewise
farther requires the presence Of al the COM
nissicners TO constitute board and it must
be distinctly understood, that, by the manner
Of their appointment Che presence of the whsie
being necessary to constitute board) and their
power TO adopt such rules and regulations Tor
the government of their meetings as they may
Judge expedient; the law could not contemplate
any controlling power over them. Ifsuch pow
er exists, the law must be nullity, whenever
the controlling power may so determine. In.
otead therefore of such construction being
given to the law, the President 10, by the con.
stitution, required to see that all the laws are
faithfully executed, and there can be no doubt
that he will cause this law to be so executed,
according to the true iHtent and meaning of the
legislature, as therein expressed.
After connecting the Board with the office of
the Secretary OF the Navy, the same section
enacts, that under his superintendent, it
"shal discharge all the ministerial duties of
said Office, relative to the procurement of ma
val stores and materials, and the construction,
armament, equipment and employment of yes.
sells Of war, as well as all other matters con-
nected with the naval establishment of the u,
States" Here the board is to act under his SUI
perintendance, but BY no means under his con
troll. The concluding psrt of the section all.
thorises the board to appoint their own secre.
tary, without the interference OF any person
whatever.
The second section authorizes the board, by
and with the consent Of the Secretary of the Ma
w, to prepare such rules anG regulations, as
shall be necessary for securing an uniforms
IT. IN the several classes of vessels and their
equipments. and for repairing aud reftting
them; and for securing responsibility in the
subordinate officers and agents: which rea-t, :
!ations, when approved by the President Of
the United States, shall De respected and obey..
ed +, until altered and revoked by the same autho.
rity and the said rules and regulations thus
prepared and approved. shall be laid before
Congress al Their next session. Here. the con
seat Of the Secretary becomes necessary But
it appears that even after the Scores airy has con
sented to these rules and regulations, they can
not be respected and obeyed, or be of any use
whatever, until they are approved by the Pre-.
sident Of the United States SO that in this case,
the Secretary and the Board are, as to the fiaaI
adoption Of these rules and regulations, exactly
upon an equal footing. Ths final part of this
section enacts, that sit shall also be the duty of
the said Board, upon the requistion of the Sc
cretary Of the Navy, 10 furnish all the estimates
OF expenditure. which the several branches of
the service may require; and such other Informs.
zion and statements as he may deem necessary
This is the only obligatory clause in the whole
Act, and it was inserted for this very plain rea.
son; that, as nothiRg could be more obvious
than that this Board must necessarily possess
extensive knowledge of the matters embraced
in this part of the section, so it was manifestIv
the intention and the wish of the Legislature
that the Secretary the Navy should, on every
occasion, avail himself of that knowledge and
consequently clothed him with a right to de-
mand it-preciseiy in the same manner that Ell
Their house OF Congress may demand inforrna-
tion Of the heads of the several departments.
relative to concerns connected with the duties
Of said departments.
The third section enacss, that the officer
holding the oldest commission shall preside at
Che Board-fixes the compensation of its mems
bers--and enables them to frank their letters.
The fourth and last is a saving section in be-
bait of the Secretary, as follows: sThat no.
thing in this Act shall be construed take from
the Secretary Of the Navy his control and direc-
sion OF the naval forces Of the dotted States. as
now by law possessed This section seems in
the opinion Of Congress to have been necessa.
~, In order to preserve TO the Secretary the
control and aiverisa of the naval forces Of the
United States the preceding sections having
devolved thu other powers aud duties upon the
members ofthe Naval Board Tie powers ard
privileges conferred upon the Board by this act
are in reality so ample and comprehensive. that
unless section of this nature had been added
the act might have been so construed as TO de-
prive the Secretary OF sl authority whatever
over the naval establishment of the United
States +; construction, rs far from the inten
ton OF the legislature, as that the Board. indi
yiduslly or collectively, should be subject TO the
order and control of the Secretary, as some
haV hsefttu euc