Daily American organ. [volume] (Washington, D.C.) 1854-1856, 1855-04-23
Department News.


ATTORNEY GENERALS 0rYrcE.-Opinioa in the
Case Of Captain s. W. Downirg.-Upon certain
charges, Captain s. w. Downing, of the navy, was
tried by court-martial and sentenced TO be dis
missed, which sentence was approved by the Presi.
dent and duly carried into effect by the Secretary
of the Navy. Upon this, Captain Downing, in a
communication to the Secretary Of the Navy, claim
ed that the proceedings in the case were Illegal
and void because Of the following facts
The court was composed Of thirteen members,
six Of whom were junior in rank TO Captain Dow
ming, and six of them senior to him, exclusive of
the president, who was also his senior. During
the trial, Captain Forrest, one Of the members OF
the court was absent two days by reason Of sick
ness. On his reappearing 70 resume his seat, 1t
was decided by the court that he could not do so,
and the case proceeded TO conclusion without the
further presence Of Captain Forrest.
Held. The dismissal is q consummated fact
whether the sentence was lawful or not and II the
party be restored TO the service, IL only be by
denomination to the Senate and reappointment
2. In the present stage OF the case, no question
on the proceedings Of the court can be raised
save that Of nullity Of sentence for want Of jurs
distion.
8. Il Ia doubtful whether the court had lawful
authority to exclude Captain Forrest under the
circumstances stated.
4. But his exclusion does not affect the proceed
ings Of the court with nudity and IL II were an
irregularity, should have been taken advantage Of
before the sentence, or, at least, before the APP
proyal ofthe sentence by the President
NAVY DEPARTMENT Medical Board
The naval medical board for the examination Of
assistant surgeons In the navy for promotion, and
Of candidates for admission intothe navy, having
concluded its duties, has been dissolved, and the
following Is the result
Assistant Surgeon Thomas B. Steele. TO rank
next below Passed Assistant Surgeon Edward r.
Suibb
Assistant Surgeon A. Nelson Bell NEXT below
Passed Assistant Surgeon John Ward.
Assistant Surgeon Charles Martin next above
Passed Assistant Surgeon f. NJ. Gunnell.
Assistant Surgeon Charles H. Williamson next
below Passed Assistant Surgeon s. Allen Englcs.
Assistant Surgeon Edward Shipper next after
c. II. Williamson.
The candidates for admission who passed salts.
factory examination are as follows, arranged ac-
cording 10 merit:
No. i. Albert s. Gihon, Pennsylvanis.
No. 2. John s. Ketchen, Pennsylvania.
No. 8. John vansant, Virginia
No 4. James Laws, Pennsylvania
No. s. Edwin r. DENLY, Virginia
No. Q. VIM. johnson, Delaware.
No. Z. Francis l.. Gait Virginia.
No. 8. Stewart Kennedy, Pennsylvania
No. o. VIM. M. Page, Virginia.
No. 10. A. GARRISON Smith, Pennsylvania
Visit Of the Spanish 4inister.--The Spanish
Minister paid visit 10 the Washington navy yard
yesterday, where he was received by the officers in
charge with the respect and courtesy due his off,
cial character.
ISTrRroR DxrAnrNxsr.--Bounty Land Appi-
cations--Whole number Of applications for bounty
land under the act Of March 3, 1885, received at
the Pension OAice up 20 this date, ninety thousand
sir hundred Number Of applications for the week
ending Saturday, April 81, nineteen thousand four
hundred.
appointment of Indian agent for the Rickapoo
Indians Royal Baldwin, Of Ohio, to be Indian
agent for the Hickapoo Indians vice Robert
Campbell, who declines the Office.
Posr orrIcr DrrsRrSrSr.- Direc.
tons.-we publish the following letter for general
information