The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-03-19

fore enacted when they should be approved BY hs PrsS
dent and sanctioned by Congress The sbors OF this board
were submitted 10 Congress in 1885, but they were not a
proved by that body This code aterwardsremodeed
and then approved by the Secretary OF the Navy; but
submitted to Congress. the act OF 1882 direct
Cd, and OF did not become legal and binding
When Mr. Upshur took charge OF the Navy Department,
be submitted that code to Congress- with recommends
ton that il be approved, and It was not approved
Mr.. Upshur also recommended another revision, by
new commission, to be differently constituted The
fault in the organization OF the former commission and
It's work is fully shown in Mr. Upshus report which
says that rules and regulations for the government OF
all classes and grades IN the navy ought 10 be n.
trusted to any of them exclusively. A mixed com.
mission, embracing the civil well as the military
branches OF the service, would, il is believed be best
qualified TO adapt every part OF the service the proper
laws and rules for the government and regulation OF il"
This was in December ls4l On the 22d of March 1912
Mr.. Mangam, of North Carolina submitted from the
naval committee OF the Senate "A bill to authorize
The appointment OF board for tie proposition of rules
and laws for the regulation and government of the
navy" This bill proposed that the members of the
commission should be selected from four grades for
the reason stated by Mr. Upshur. This bill was
considered on the lst OF April, 1912, and was laid
on the table, for the reason that commissioners
were disirused, and the Secretary of the Navy could
prepare system of rules and regulations, and submit
t. Congress without previous legislation On the 23d OF
May following, House resolution passed. directing
The Secretary of The Navy and the Attorney General 10
prepare rules and regulations for the navy, and submit
them 10 Congress On the 10Th of March, ls43 was pro.
posed 10 give the code thus prepared The force of law
until the next session bu Congress refused to do So
Such is the course OF legislation this subject afford.
ing commentary, if one needed. on the clause of
the constitution which empowers Congress TO make rules
for the government OF the navy and showing tina, Con-
gress has not delegated that power either to the Sscrets
~ OF the Navy or to board Of officers to the Presi-
dent But we understand tina, board was convened in
the latter days OF the late administration, which modesy
undertook to regulate the navy without consulting Con-
g'ess The result Of It's labofs is before US IN volume
title:
Orders and instructions for the direction and govern
ent oil tue naval service Of tie United States and for the
exposition OF the duties aad relations of officers and men
IN the several branches thereof prepared by the Secretary
OF the navy w'h the aid and advice OF board OF officers
convened for that purpose approved by the President
OF the United States, February Is, 1853"
Ii competent, for Mr.. Kennedy, the late Secretary
OF the Navy to consult with any number of officers and
4, is not matter OF importance by what name he NAV
designate then. But no matter what the designation
may be, whether a board commission rules thus
framed Tor the government OF the navy have validity
until they are sanctioned by Congress, even if they are
called oTders and Instructions on the utep of The
volume which contains them. We understand that
these orders and instructions, which pupo TO have been
drawn by the late Secretary of the Navy were framed
and compiled entirely by board of officers obnoxious 10
Mr. UpshuIs objections 10 the old board and that it's
work Contains the imperiecons increased in mag nitude
which dishgured the report submitted 10 Congress
ls4l, and not ratified by that body We have most re-
liable authority Tor saying that neither the lae President
nor the late Secretary Of the Navy ever read the or
ders and instructions and tina, they approved them the
faith of the board OF officers But il is not our purpose
to examine the orders and instructions" We content
ourselves with saying that they cover much of the
ground sci apart for legislative action and that had they
been framed with design TO increase the i'll feeling
that exists at present, from bad organization, between
the dderen, grades of the service which has exerted
cheney OF The navy they could have been better de.
vised Tor that purpose. These rules orders and in
strucons." being invalid until ratified by Congress ere
not submitted TO Congress, although that body was
in session, but have, understand, been in force since
February u.s. when the signature OF the late President
was attached TO them, and actually issued under
that authority the 4th OF March.