Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-05-29


rate discussion of the proceedings of this
Board. We have done so with sincere desire
that upon full and careful examination into
its proceedings, as far as they were accessible
to US, we might be brought to change our first
impressions Of the result Of its action There
was another reason which inclined us to this
delay: we placed so high an estimate upon the
sterling integrity and official capacity Of the
distinguished head Of the Navy Department,
that we were unwilling to seem even to be in
antagonism to any act of his administration.
Our opinion of him is unchanged and our
confidence In him undated. To err, however,
instance the honorable Secretary has made a
most unfortunate mistake. As public journa-
lists, ever sincerely in quest Of truth, and anxi-
Gus to do justice to all, upon every matter of
public interest which demands our criticism,
we consider that we are no longer at liberty to
withhold the result Of our investigation Of the
proceedings of this Board, and the reasons
which have governed us in our arrival at this
result. In doing this, we shah seek to extenu-
ate nothing, nor aueht set down in malice We
propose to ourselves to present to-day more par
ticularlythe legal view of this subject, reservng
for future comments a more elaborate and gen.
eral treatment Of it. To this end, therefore,
we invite the careful and critical perusal Of
our readers to what we now present as the
basis of our future articles.
1t may not be improper to say that we have
been prompted to this duty by no captious or
even unamiable feeling towards any member
OF the Board or to the Secretary and Execu-
tive. who have seen proper to confirm its &C.
ton.
Having made these predatory remarks,
we now propose to consider the execution
by the Executive of the United States of the
act Of the last Congress, entitled An act to
promote the efhcieIty Of the Navy" in strict
ly legal point Of view, and to show that the
plainest and most cherished principles of popu-
lar liberty and free government have been dis.
regarded and violated in its execution.
Laws under the republican form of govern.
ment affecting the rights and interests of the
citizen, should define clearly what is proposed
to be done, and the manner Of doing it, limi.
ting as much as practicable the discretion OF
those entrusted with their execution. This
principle, utterly disregarded in the act Of Con-
gress in question, has ever been held to lie at
the very foundation Of popular liberty.
=. +
discretion upon the Executive, but no practical
evil or injustice would have resulted, il prin.
ciples, time.honored as the shield Of individual
rights, had governed the Executive action under
il.
The portions Of the act Of Congress under
consideration, material TO be noted, are found
in the first and second sections, as follows,
to wit:
(which board, under such regulations as
the Secretary OF the Navy may prescribe
shall make careful examination into the ef
hciency Of the officers OF the grades herein
after mentioned, and shall report to the Secre.
tary of the Navy the names and rank of all
officers Of the said grades who, in the iudp
ment Of said board, shall be incapable OF per
forming promptly and efficiently all their duty
both ashore and afoat; and whenever said
board shall believe that said incompetency has
arisen from any cause implying sufficient
blame on the part Of the officer 10 Justify it,
they shall recommend that his name be stricken
altogether from the rolls. Vacancies occur.
ring in said board shall be filed by the Score
tary Of the Navy, who shall preserve the num-
Der and grades Of its officers, as aforesaid.
ProUided, That no officers upon said board
shall examine into or report upon. the eff.
cheney Of officers Of grade above Them
Sec. 2. And be II further enacted, That All
officers who shall be found by the said board
incapable of performing the duties Of their re.
spective offices, ranks, or grades, shall If
such finding be approved by the President, be
dropped from the rolls or placed, in the order
Of their rank and seniority at the time, upon
list IN the Navy Register, to be entitled the
reserved list and those so placed on the re-
served list shall receive the leave OF absence
pay or the iurough pay to which they may
be entitled, when so placed according to the
report Of the board and approval of the Pres;.
dent, and shall be ineligible TO further nromo.
ton, but shall be subject to the orders of the
Navy Department at all times for duty. and
vacancies created in the active service la he
placing officers on the reserved list. shall he
hued by regular promotion IN the order Of
rank or seniority"
The act declares Of what number OF officer,
to be selected by the President the board
shall consist, their grades respectively, limits
their action TO the extent Of prohibiting an
officer Of inferior grade from examining into,
or reporting, upon the efficiency OF officers
above them, and, provides for vacancies occur
ringin the board to be filed by the Secretary
Of the Navy. Congress, we are warranted in
presuming, believed that during the time it
would necessarily take to make the careful
examination" into the case Of every individual
officer, expressly provided for by the act, va.
cancies would probably occur in the board.
The act further empowers and directs the
Secretary Of the Navy to prescribe regulations