The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1842-02-14

preston But our captains not more to blame
for this than oar Legislators, who have left this
| power to be exercised by men armed with despotic
| authority. Had not Irregularities and abuses
| grown out OF such license, our commanders would
have been more than mortal But as none Of them
in all their vanity, claim to be more than Adnnas
cruelty and oppression have too often been the
consequences.
The law Of 1900 is the recognized constitution
| by which our Naval lawgivers assume to be guided
Bui, as should be expected, where there is other
restraint upon the lawgiver than his own will and
| passions, he soon overeaps his constitutions
| are accustomed 10 observing the propensity Of re-
sponsibe men to violate constitutional limits may
| easily conceive how little restraint fundamental
rules would have upon an irresponsible lawgiver,
who is to be the absolute executive Of his own
rules. OF course he makes none obligatory
upon himself hence the proverb-" there is no
law for CaPtains"-is founded upon good authori-
ty.
was established in 1915, they arrogated to HEM
selves the power to make laws for the Navy, UNI
der the authority granted them TO make rules for
the adoption Of uniform system in their owl
departing MT and for the execution Of duties under
their coatrol. But Captains in the department
were like Captains on board ships, made no laws
binding upon themselves or that could not be re-
voked at pleasure When Captain found it adj
vantageous to appeal to the Commission RS rules
they had all the force OF law but when they were
opposed to his wishes, they were merely rules
made by officers Of his own grade not laws # Con
gres,. nor approved by Congress; and therefore
not obligatory upon him. Though every officer
below q captain, and many of them, were discon-
tented with this state Of things, no attempt to rem
edy the evil was made until 1892; when Congress
fully convinced Of the necessity OF uniform code
to govern the whole service, passed a resolution
authorizing the President TO constitute Board Of
Naval Officers 10 consist Of five Captains, including
the Commissioners to raft seto rules and regula-
tons for the government and benefit of the whole
Navy which rules and regulations, when APPROX
ed by Congress and the President, should be the
laws of that service.
This resolution was carried into effect by Gene
raj jackson, and at the close of the following ear
Eve captains laid before Congress volume ofther
united WISDOM which was no sooner read than re-
jected II was again presented in 1884, with amend
meats, and again rejected, because 1t partook
much of The sInfernal rules aud regulations of
ship" which arc not made for CAPTAINS, and was
.equently no remedy for the evils of partial go
vernment
gotten the navycommis stone and particular.
~ Com. Morris, cpce more assumed the character
Of law sivers, revised the twice rejected rules,
secured Mr. Pauldings and Mr.. Van Buren's as
sent to them, but deigned not to ask Congress for
theirs, ordered athOsssnd copies to be printed at
the expense Of government without appropria-
ton, and hurried to iasten them, with all their
blighting influences upon the Navy, before Mr..
NAVY they did not quite succeed before Mr. Bad.
ger came into Office, and he, rot recognising the
right Of legislation in any other branch of the gov
ernme emit than congress, unhesitatipgly suppressed
this offspring of selishness, prejudice, and folly;
and the hopes Of the friends of the service were
again revived. All looked to his master genius for
Unnecessary reform, but political
him from the Navy before his plans were fully de-
veloped. TIE selection made to fill his place,
however, was truly fortunate. Ne one could have
carried cut 1he views Of MIR. Badger more fully,
and with better spirit than MIR. Upshur. Long
has the country needed such men TO secure the
proper consideration for this arm of National de-
fence The date Of Mr.. Upshurs report may be
conside red, not only the commencement of new
existence to the Navy. but new era Of National
Importance should he be su. tanned In his views.
When Mr.. Upshur commenced his duties another
attempt was made to fasten those thrice condemned
spurious laws Of the captains upon the service
When Mr.. Upshur began 10 look about him for
laws by which to govern and to be guided, he
seryice mot vet published and feeling the want Of
some. he ordered the publication to be forthwith
COMPLETED The order was carried into effect to a
Emited extent and several volumes were issued,
hound in blue bu, should hay been in black, an
eu,blem of mourning for their contents. When the
book was laid before him, he discovered to his as
toni ,hms Mt that its contents were not the laws Of
Congress but the laws Of the COMMISSIONER; ard
bcins no more disposed to receive laws from his
subordinates than Mr.. Badger, he gave them the
fourth suppression and thus we are left as we
were in the beginning.
Officer Of the line have made failure after failure
from 1915 to the present time, in giving us whole
some equitable, and necessary rules 1t IS earnest
" desired that an equal number OF ofhccrs OF esch
grade should De conVeneo " e"eS' 'A"' sP'"'a
BIZ object.
let board of naval officers be constituted, COM
nosea of two captains, two commanders, two lieu
tenants, two surgeons, ana TWO Pussers' 20 NEE al
90 the aid and assistance OF the attorney general,
to recognise the navy under system Of bureaus,
instead Of the navy board, and t. carefully revise
and extend the rules and regulations Of the navy,
with view 10 adapt them to the present and future
exigsn Of this important arm OF national defence,
which system: Jules, and regulations, when APP
proved by the President, and sanctioned by Con-
rress hall have the fierce Of law, and stand In lieu
Of all other laws heretofore enacted
When this is done, we shall have an equitable
code for the government OF the whole navy, and not
before. The necessity for system equally Dina,
inx anon all, is daily becoming more urgent end
most ement will only augment the dIhc ullies-
breaches of discipline are frequent Ia all gr,des,
and il is difficult to get an offender brought trial.
or ;vstice awarded by q court martial when one -
fried In the absence Of law for the guidance OF
court, prejudice and partiaity are generaiy the
ruling principles. When the accused, whom they
NAV wish to condemn, cites an author on courts
M rtiaI in his defence, he is answered-that Is not
the law Of Congress and cannot govern them but
when il suits their view of the case, 1t is worthy
of their confederation Some courts have actually
resolved not to be governed by any law, Inc ds-
law or evidence. Such state OF things will sure
" not be permitted to remain long without corree-
ton
II is believed that the most efe ctual remedy for
the decisions Of courts martalis In the adop
ton of a permanent naval court OF three learned
ci,izens to have jurid ction all naval offences
committed in the United States, and TO have APP
peIIatc jurisdiction Of all cases tried out OF the
United States-that prosecutions might be proper
ly conducted abroad, the commodore's secretary
should also be the judge advocate OF the squadron
Instead of being the mere creature OF the commo-
dore subject to be discharged at bis pleasure, ne
should be e. ntleman Of such lagai attainment a.
would enable him to be a competent judge aivocae
Of all courts martial in the squadron, and tner .ega
adviser, in the same manner as the Judge ~ "a
suits pstructs the jury. He shodd De apPo a,
by the President and Senate. as otnei 60
officers Of the navy
should these suggestions be adopted 70 carrying
ont thu maserJy. statesman like views OF Secretary
Ya. ~. ~ nurv force increased TO one half