New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1851-12-04

7 fsff-JetN utTYiTE q X
arc sspirrg. y 10 per'orm the Ggs-ss and nus! Goa
strife reliance time Of danger the POSITIONS
and emourents IN which they may improve their
talents and extend their usefulness ard refining
and promoting, ss OF the effective force. all VITO
have been admitted into the service, without refer
eDce TO intervening disabilities 3isqualidcatious
NO re'oTm Is Of greater moment, q regards the
thciency OF tie navy, and none can be more ooTi-
ousiy Just
Tie cisputed questons Of rank setween he az.
C0csTs OF The navy and between .Ae several grade
OF Ulcers Of the army and navy, and the reports OF
| TIE bosTcs OF otcers summoned to consider these
questions brought 20 the attention OF Congress
II sitcl1l communication az the last session, and
src sesIH econ meEcsd to Its consideration. Per
ceiyilg that the laws for the government OF the ma
| W pass "a more than hfly years since, were teec-
i've and unsui,ed 70 the present state Of the service
have cauFad them 20 be revised by board OF OH
GERS. with Instructions 70 prepare proper amend
nen's and additions and am prepared 10 transmit
their report for The examination OF Congress, AMI
respectfully recommend that the code therein pro
posed be taken as basis OF legislation on this sub
Jet. Or II there be no disposition to adopt the re-
| pof, in general, Il will be found TO be highlyy
! Cessary 70 accommodate The Law TO the new condi
ton OF affairs arising from our settlements on the
shores OF the Pacific, the ports of California and
Oregon being now With tie. nited States. To re-
quue orders toissue from Washington, even for con-
vening court martial in the Pacific. 20 Try any Off
Ger seaman. and for sUmmoniDg witnesses, must
greatly delay and enbauasS the enforcement OF dls-
| cIpliIe yet it is only the commander of fleet or
| squadron, acting out Of the United States who
approve their sentences. This is cited however, as
but gle instance Of the want Of adaptation OF the
present naval laws 10 the actual state OF naval al
| fairs.
But the most material defect IN our nava. CODE is
that occaoned b. the failure to provide any punish
ment by way of substitute when corporeal chastse-
| ment was abolished. To supply in some degree,
this deficiency, presented and recommended, at the
last session Of Congress, substitute proposed BY
board Of officers 10 whom the subject had been re.
ERRED In the present state Of the law, there is no
power TO lnfic. any punishment, except confinement
| in irons. or without, unless by the sentence OF 4
court aftal. Such court mus. consist OF not less
| than FIVE nor moro than thirteen commissioned Off
CO.'S and be ordered by the President OF the United
| States, Secretary of the Navy, or commander OF a
feet or squadron acting out of the United States
II IS manifest therefore, that there can be no other
| pun; hment during cruise, whether long or Short
except N vessels within the immediate reach OF the
Ofthe squadron and only then II there be
not at least five commissioned officers superior 10 all
legal exception, who can be detailed on the court
| il being known that two vessels rarely cruise to-
geiher but that single ships are dispatched on dis
tant service and are often separated from the nag
ship and from home for many months, II is apparent
that the delay OF Justice the accused being mean
while IN confinement, is serious grievance 10 nm.
But when it is remembered that the ends OF punish
nent on ship-bOard not merely for the sake OF
! example and information, but to secure faithful
and specific execution OF the contract OF enlistment
with the Government at the very time when duty Is
required. and TO protect the rights OF the dutltu the
honest the peaceful and orderly, any punishment to
be effectual must be speedy and certain: Contne-
from escape, and Of preventing repetition OF post
tive wrong but to obstinate, indoent, or VICIOUS
men, some of whom will perhaps be found in every
ships company notwithstanding any precautions OF
enlistment, II not a sufficient remedy to enforce
the performance of positive duties In civil NE no
provision is made by law for the specific fulhlment
Of contracts duties, except IN a few equitable
cases where the time of performance is not mate
nal The only remedy for failure in all others is by
indemnfcaton in money, to be awarded by courts
of Justice held at perlocs regulated by the conve-
nence of the community. In military affairs, al sea
OF on land, II is far otherwise. Time, as wen as
aacrity in performance are Of the very essence OF
the contract, and upon them may depend the safety
of the ship and her company from disaster al sea, as
well the honor of her flag. Again, theft, unlaw-
ful violence, and other wrongs, must be kept under
wholesome restraints by the terror Of punishment,
at sea well shore. But IN public ship carry
ing no suporhuous men, the service cannot without
injury spare from daily duty those who commit such
oenseS during the time necessary for their punish
ment BY Imprisonment, even II that were the proper
punishment 20 say nothing Of weakening the ships
company by this process, and the imposition upon
good men Of double duty, and the mental service OF
waiting on offenders, while thus imprisoned.
The come quences of the change have been, thus
far detrimental TO the service and tbs appfehended
will become more serious. unless speedily remeded:
impossible TO keep the men on board until proper
muster. exercise at quarters, and Inspection nave
taken place, which the means adopted to ascer-
tain whether officers have done their duty IN keep,
ing their ships and crews in effective condition. And
independently OF numerous cases OF celnquehcles
over. ooked or disposed of, by discharge honorable
or dishonorablc there haye been nearly hundred
trials Of enlisted men by courts marital slnce the
passage of the law in question. These details are
exhibited not TO conirayene the policy OF the Legs.
alure but to demonstrate that the experiment OF The
abrogsten OF whipping cannot De eneo'uaty flea
until Congress shall prescribe some substitute.
Whether this shall be by the adoption Of the system
recommended by the board of officers above referred
TO- providing that courts martial may DC ordered Dy
each officer in command of ship, and summarily
held to determine guilt, and then graduating pun
Ishments therein stated, aS well as holding oui
rewards, or by some other AID more approved
method, Is referred TO Inc ut determination VI '""-
gress. - ,. ,,;
are in the course OF completion under the appIopri
aous made al the last session OF Congress, and the
slcop.of-war Preble has been attached TO the Acao,
DENY as a practice ship for instruction IN practical
soalnanship After the examination IN June, the
pupils Of the institution were embarked IN this YES
sci, and proceeded on cruise 10 our northern Oou
daly and thence, touching al the principal ports OF
the United states between Portland and the Capes
of Virginia returned the latter part OF September
On revision Of the regulations Il was determined 20
make an important change IN the plan OF educatioh
/ heretofore approved. Tins consists III requiring
continued course of study of four years al the Acao-
einy without going 10 exccp; that the vacation
Of three months in each year Is spent IN cruise IN
the practice ship-the former course requiring Two
wears al the Academy, three al sea, ana then TWO
/ more at the Academy. class OF MY 3cIng MIG
simmer was admitted in October last, ana VIII con,
siiue the first class TO which the new system VIII
apply It's now believed that for all the purposes
Of naval education, the Academy affords advantages
equal 10 those for military education az "es' rom.
and under the efficient command OF the Pfesenl ~.
/ perintendent Commander Striking, Is hoPeo insl
I these ADVANTAGES Will be fully realized. The report
of Board Of Examiners, appointed, according %
regulations 10 superintend the examination OF can
| didatss for promotion and the general stale OF the
Academy in October last Is herewith Transmitted
With great difference TO the opinion OF Congress,
again suggest that is highly exnedent ana proper
| TO allow the appointment Of ten MldSElpmeh 70 DC
made Al large BY the President N analogy 70 the
regulation re specting cadets in the Military Academy
| over and above those appertioned among tie Con
! gressional Districts. ,.-,on.
The Naval Observatory and Hydrogrhphical once
have been In active and vigorous operation curing
| the year \ second volume OF Astronomical ooser-
vations has been published ana aileaoy ial1 oe''ie
! you c.--.. .,.,oo, ~, Ian,