The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-04-07


Dinsman against Wilkes, based upon the action OF
the court.
Several gentlemen objected to the presentation
| OF the memorial; when
MIR. WALSH said that, as he had an opportunity
openly to avow his object, he would there being
objection, present the memorial under the rule.
DISCIPLINE AND GOOD CONDUCT In THE NAVAL
| SERVICE.
MIR. STUART, being entitled to the floor on the
motion TO reconsider the vote by which the House
rejected the bill to enforce dscip lne and promote
good conduct in the naval service, proceeded TO ex-
press views. Gentlemen, he remarked, who were
not members OF the Committee on Naval Affairs.
had taken up this question. and said that they had
| examined the bill One Of them made speech,
and on the heel OF it moved the previous question,
against the request OF the chairman Of the commit
tee who wished to offer an amendment; and the
House was forced TO vote upon it as it was He
thought it little remarkable, and trusted that by
| this time gentlemen were satisfied that, however
much they or the House were disposed 10 listen to
him or to any other gentleman, to understand the
question: the majority were not willing to have a
measure forced on them without their consent.
They were told that, from tho fact that ogging was
abolished there is power Of enforcing discipline
lef-that the navy is afloat on every sea, without
any power whatever to control and discipline the
petty officers and seamcn; and additional rea-
son why the bill should be passed without delay
they told that the fleet to the Chinese
about to sail Thursday last; and that, therefore,
the bill should be Immediately passed, in order
| that the fleet might have the advantage Of il. lie
! wished to show that neither Of these reasons
founded in fact In the first place, every provision
Of the law Of 1900 is in full force except that part
which authorized 1ogging; and il gentlemen would
turn their attention to the act he thought that those
who anxious for the most rigid discipline would
/ be amply satisfied with its provisions He read
from the law to show that it provides for punish
ments, from confinement in irons TO the taking Of
life. And yet is said there is power to secure
discipline in the navy; and gentlemen rise and
contend that as the fleet ia about to sail and can
| not leave without endangering lives on board the
vessels, Congress must, in thirty minutes pass this
bill. lie had learned from a relative of one of the
officers that the fleet is not expected to sail before
the fret of June, and that this gentleman had tel
| egraphcd for his wife to come to New York and
| remain with him until that time.
| MIR. STANTON, of Tennessee, remarked he had
stated that part only of the expedition was about
| to sail, and had seen Commodore Perry but few
| days before.
| Mr. STUART said Then the argument which
was made use ofthat, unless the bill was speedily
passed it would be exceedingly difficult to convey
j the law TO the fleet for some months--was without
| foundation and il the commander ia not to leave
before the first of June, the argument is against
| the immediate passage of the law. He then pro-
ceeded to examine, first, into the power of Con-
gress to pass any such law, and secondly to the
policy OF passing it, conceding they have the power
| La the course OF his remarks in opposition to its
provisions, he said power was given to a single
man to be an accuser, witness, judge, and cxecu-
toner, at his own pleasure-an officer, who attains
his tositon not by merit, but by regular grade.
| he vcntured to suggest where remedy for exist
ing evils should begin, with hope that Con-
gress WILL at no distant day, elevate the navy to
the standard which it ought to occupy.
The gentleman from aryland (Mr. EvANs,)
on former occasion, spoke of what he denomi-
mated the ''sickly sentimentaity" which had been
expressed upon this subject, and said that the
larger number Of the sailors were ail-birds, and
men who had been guilty of high crimes; and that
TO suppose that they could be governed without
whipping and ironing not only bordered on the
ridiculous, but was in fact ridiculous But was 1t
| proper TO pay them, and then pay officers for
|
Is TO rid the navy Of those kind Of men. He would
raise the wages OF the Sailors in order to secure
spectacle American citizens In the service; men
who have character at stake, and pride, and per-
sonal respcct-who will NOT only discharge their
duty in time Of peace, but, as in the case OF the
volunteers in the Mexican war, tight az long as an
enemy shall be found TO meet them in conflict Be
side, he was in favor of a system which would Gle
vate men to office by merit, and not by grade.
| The honorable gentleman made further remarks
on the subject before the House.
Mr.. MlLLSON said that, as the motion had been
discussed, and a he believed there a general
concurrence OF sentiment to reconsider the vote,
| he would now demand the previous question; Civ
ing notice that be intended TO offer substitute for
/ the bill
Mr.. CABLE moved to lay the motion to recon
sider upon the table, but the question was decided
! in the negative
The vote by which the bill was rejected was then
reconsdered, as was likewise that ordering the bill
10 n third reading.
Dir. MlLLSON stated his objections TO the bill
/ before the House; and had no objection in saying
| that there was not naval establishment in the
! world IN which such arbitrary power pos
sessed by the highest officer as that proposed by
! the measure before them. He might say includ
/ ing the despois over Europe, there were not SIX
men who possessed such authority that sought
| 10 be conferred by an American Congress over the
lowest rank In our navy. He had many friends in
the navy, oftried patriotism al nd virtue and there
| fore would not suspect that they would make
! improper use Of the powers conferred upon their
station; but he would ask, ought Congress to
N a. II teHn AM
| unlimited
! He explained the substitute which he intended 10
| offer. IL was founded, in great measure, on the
I'LL prepared, rs he Understood, by board Of ma
val officers, convened twelve or eighteen months
ago 10 this city, and which possed the Senate dur
ing the thirty first Congress This bill again
reported 70 the Senate during the present session
from the Committee on Naval Affairs Of that body
His substitute embraced nearly all the provisions
oil the original bill which be deemed valuable. IL
among other things established summary courts
martial, Tor The purpose OF trying all offences
greater than a commanding officer 10 authorized to
infiict OF bi. own authority, and yet sufficiently
severe 10 require trial before general court mar
tial All the testimony before the court 10 be given
on oath or affirmation, and delivered in presence
Of the party accused, who shall be allo sed TO inter
rogate the witnosses. And II giyos TO the sum
mary court martial the power to inilict any one OF
the penalties named in the substitute, according to
the nature and degree Of the offence.
Mr.. STANTON, of Tennessee, said that II il was
possible 10 Organize a court martial, summary or
ishment when necessary, be should he ready as
any one 10 vote Tor such arrangement. Bot be
would ask the gentleman whether, in organizing
the court, he would give the sailor, in order 10
fair trial. the power Of cross-eramination, and
calling az many witnesses as he pleased; and whe-
ther At was possible, By hs arrangement, that the
sailor should have all the rights belonging to a
citizen before a courtmsrtial; and whether II was
possible 10 maintain the discipline Of the navy in
p such emergencies "a this bill is designed to meetY
Mr.. MILLsON replied: II IL most unquestion
ably the object Of the Substitute 10 20 tho
sailor fair trial; and though the gentleman thinks
that such trial cannot be secured, yet be would
fuggcst that THE very measure itsslf framed
~ the board OF naval officers convened i'm this CITY
twelve or eighteen months ago. They say tina
( there 70 no such difficulty The gentleman from
{ J Tennessee inagines. lie (Mr. NJ } had converted
with officers of the navy, and they desire the estsb
: iiEhrnCnt Of such tribunal this. Two year
ago, when logging was sbOlished, he eodcavOrct
. on two or three occasions TO offer ainendmen
= with a view TO secure a summary court martial
which, he maintained. was not imprscticsble. II
the conclusion Of HE remsrks, be further eSplaino
4 the provisions of his Substitute for the bill.
Il Mr.. BOCOCk obtained the floor; when
Mr. HOUSTON suggested a postponeuent o
the consideration OF the bill for the present.