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


TO perceive how a mere failure to perform
duties proves the existence of incapacity to
perform them.
Under this letter of instructions Of the Sc
cretary, the board convened on the goth June,
1855, and finished their labors on the 26th of
July following; they sat in profound secrecy,
and whilst it is said they had access to the re-
cords of the Navy Department, they called no
witnesses to testify before them. If they had
| testimony before them, it was gathered by the
individual members of the board, exparte and
unofficially. They reported no testimony to
the Secretary for the consideration of the
President If they did their duty they ex-
amined carefully into the question of the capa-
city or incapacity of every officer in the Navy,
and report, as the result of their labors, re-
| commentator that a number of officers be
stricken from the rolls of the Navy, and a
much larger number placed upon the reserved
list, some with leave pay, and some upon
furlough pay. Ofthose dropped from the rolls,
some were AZ the time in the active and eff
ficient discharge of their duties on foreign
stations In many instances those dropped or
retired, on furlough, are men Of mature years
with dependent families, left destitute of the
means ofsupport, and against whom the records
of the department will be searched in vain for
charges, either of neglect or iuefficiency. If
they are immoral their immortality has not
| been seen by those most intimate with them.
| They have been reported to the President as
fit subjects, in the belief of the board, for dis
mssa, or its equivalent, to be furloughed, but
report is profoundly silent. Yet the President
| says, in his letter of approval, that he has
carefully examined and deliberately considered
the report of the board" a report giving only
retired and dismissed without reasons of any
sort for the recommendation. 1t is true, the
| Secretary writes to the President, that in his
| judgment the recommendation Of the board is
not altogether correct, but looking to the high
character OF the officers composing it. he advises
him for that reason, and the only one given, to
| approve and confirm the report. Some of the
| officers who have applied to know why they
have been stricken down, have been informed
that the board gave no reasons, and were re
quired to give none and that the President
and Secretary approved without reasons.
| From all the facts Of the case, we are led to
infer, and think we are warranted in assum-
ing it to be true, that the Secretary Of the Navy
with the approval Of the President, empowered
the board to select in their the board's) discre.
tion and caprice, such officers as they, from
their previous knowledge or opinion or upon
hearsay information, or for any reason satisfac-
tory to themselves thought ought TO be re-
tired or dismissed, and to give no reasons for
such belief 1t is not little strange, too, that
the Oldest and most distinguished officers of
the navy, such as Morris, Stewart, Jones, &C.,
we're excluded from the board. We have no
doubt but the members of the board are honor
able men, but they are but men, and were d
rectly interested in the removal Of those who
stood in the way of their promotion. The
charge is made, but how the facts stand we are
not informed, that they found greater proper.
ton of those above them than below them fit
subjects for retirement and dismissal
"Manknd is unco weak
And little 10 be trusted
IL self the wavering balance shake,
It's rarely right adjusted"
Is not this whole proceeding a plain viola.
ton Of the act Of Congress itself, both in letter
and in spirit Is it not plain violation Of
the fundamental principles Of the common
law as declared in Magma Carta" and the
Bill of Rights in England, ard as the same
have been embodied in the Constitution of the
United States and in the constitutions of every
State Of this Union, forming as they do the
foundation stone of Republican government,
viz: that no man shall be deprived Of his
goods, chattels, estates, rights, privileges, &C.,
unless in due course Of law, and with opportu.
nifty to be heard and then cause against il.
The officers in this case have, in point Of fact,
been subjected to a criminal prosecution, and,
so far from being confronted by the witnesses
against them, and having an opportunity to be
heard in their defence, they have been stricken
down by proceeding wholly er pdrte and in
quisitorial.
The Secretary Of the Navy had no right to
invest said board with any such irresponsible
authority as he seems to have conferred upon
them. The great principle Of free government
is, "tbat all power is vested in and consequent
ly derived from the people; that magistrates
are their trustees and servants, and at all times
amenabe to them There is no such thing
in this country as an official discretion unregu-
lated and uncontrolled by law, for the simple
reason, that the officer is himself only the
agent and servant Of the law the law being
an expression Of the sovereign will Of the PEG.
pie or nation. The very instant any officer of
this Government is endowed with discretion
unlimited and uncontrolled by law, then the
Government is at an end, and the officer is no
longer the servant and trustee Of the people.
but their master. What has been done in the
case under consideration has professedly been