Daily national era. [volume] (Washington, D.C.) 1854-1854, 1854-05-31
THE NAVAL BOARD.


THE NAVAL BOARD.
In our impression Of Tuesday, we devoted
an unusual amount of our editorial space to
the legal construction of the act authorizing
the formation Of this Board
We promised then to pursue this subject
further, and in different point of view.
We hold, first that the act of Congress was
not perfect in its character, because all acts OF
Congress are expected to, and should of neces-
sity, be construed strictly. This act is silent,
tor example, upon what we consider one of the
chief features Of objection to the proceedings
of the Naval Retiring Board. We mean the
secrecy with which those proceedings were, con-
Quoted. Congress certainly did not announce
in that act its intention even, that upwards of
two hundred officers of the Navy should be
considered mentally, physically, or morally, dis
qualified for service without reasons being re.
aured why and in what manner the Board ar
rived at its conclusions Certainly not. TO
have. done so, would have been to estab-
lsh an inquisition which, compared to the
Spanish, would have been inhumane-and
whose likeness to the atrocious cruelties of a
Nero and Caligula would have been complete
and perfect. We think it unfortunate that the
act itself was not more explicit, particularly
upon this point. But we contend, that as the act
did not enjein upon the Board this secrecy for
its proceedings, that the Board most improper
ly usurped the right to make them secret.
Who will believe that the distinguished chair
man of Naval Affairs, who reported the bill I'm
question, meant that any such construction
should be given to it The act passed both
Houses of Congress with rare unanimity, and
yet how many of those who voted for it sup
posed or suspected that they were establishing
by those votes any such Star Chamber pro-
ceedng? We claim to know something of the
supporters of this bill, and, we unhesitatingly
say that we have yet to see the first member
or senator of the 33d Congress, who dreamed
of any such construction being given to it.
We have seen and conversed with those who
we're opposed TO disturbing the result of the
investigation (f investigation it may fifty be
termed) ofthe Board, but we have seen none who
otdepore this fatal and initialerror. Instead
Of confidence following this unqualified and
almost wholesale verdict of the immaculate
fifteen distrust, suspicion, and heartburnings
from every section of the country have crowned
it. Would this have been the case if the ses.
sions of the Board had been open, or, at least,
if the proceedings had been announced after
its existence had ceased? Certainly not there
would have been some who probably, have
merted their fate, who would have made
great noise about the justice, not injustice
shown them, but to a very large extent the
clamor-the Just camor, as we think we can
show-would not have been made against the
Board If Congress had prescribed that the
proceedings should be secret, we should have,
upon the framing Of the report itself, entered
our earnest protest against it. II we had
believed that Congress meant any such con-
struction of its own act we should have de-
nounced it, as in contravention not only of the
spirit Of our institutions, but as subversive in
its operation Of individual rights, and individ
ual honor. 1t is no light thing to take away
a mans bread; it is no light thing to take away
MS lDpTlJj Ut bit-bhS law
protects him in these and if he is deprived of
either or all Of these, he is deprived of them
under the laws Of his country, and after care
full and public hearing Of his case. But to
take from man his honor, or to impair his
honor, or to place stain upon his fair name,
which may often be his children's only inheri.
lance, and that too IN SECRET, is what neither
the jurisprudence of God or man ever vouch-
safed to any FIFTEEN MEN to dol "He who
steals my purse, steals trash twas nine It's
his, and has been slave to thousands-but he
who filches from me my good name, robs me
of that which nought enriches him, but makes
me poor indeed"
If Congress, then, gave not the authority to
the Board for this unusual proceeding, where
did the Board get the authority From the
Secretary No; it does not so appear from
his letter organizing the Board. Does it de.
rive it from the President? No. for there is
nothing to justify this conclusion. Then the
board simply usurped the power. Should,