New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1855-11-19
WRONG ACTION OF THE NAVAL RE TIR.
ING BOARD.
- Ne Editev Of The n. 7. Ty3ss<.


according to their several merits, and make room for
the more active whose talents and energies were con-
fined to subordinate and irresponsible duties-so de
yelop in short the best resources Of the service
Bu. did Congress contemplate superseding the leg Ally
constituted nsva courts before which, according to
inc rules and regulations OF the navy, and custom
A. old a. the navy itself, offenders were formally ar
ragned ard privileged to defend Themselves according
10 law Did Congress by the act authorizing this
board Intend TO set aside the laws OF the navy aud sub
NIT the rights, privileges and characters OF lis otcers
to the mere judgment of the board
Upquestionably large powers were bestowed upon
the board; but nasmuch as "courts-mntiaF are also
inves'ed with very high powers, even to awarding
death lin MANY casts at their discretion, and have
been found sufficient TO enforce discipline throushouta
rerod OF more III half ury; in which tine our
our little navy has borne the flag of the country tn
unpkaRdy through = war with the proud Mistress OF
1.-The Seas" and inssnuch as the board cannot 81
mon cases occurring abroad from day 70 day, nor in
sny case recurring imQediste action or involving life
and death it may fairly be presumed that Con yress
aid no. intend TO superseds naval courts And that
the board did supply their plsce Il nantes in num-
Der Of cases which mgh be recited, wherein active,
intelligent and efficient officers have been set aside;
TINS deriving those who have committed, or were
,upposed TO have committed, rotations OF IdD OF the
rights of defense and destroying everything ike Legal
e1n.Iity since those who commit themselves beyond
the knowledge Of the board will be regularly tired be-
fore Judgment Is passed upon them.
The naval board was intended to be additional to
courts martial and 70 consIder such cases az the
courts could not reach to wit: the superannuated the
pbysicaly disabled and those who from long course
of Immoral practices had rendered themselves incon-
petept vitkOnt h0ring committed any open rIota-
ion Of the lars Of the nary; these were the legitimate
subjects for the investigation OF the board, since they
were not actORabe at lar; brit as they clogged the
efficiency of the service 1t was ne 1essaIy 10 gs' rd OF
them and new tribunal was organized for the pur-
pose. Surely Congress never INTENDED % yolate le
compact with officers which compact II me IA" OF
6e nory. and Gays that such and such Offences " may
be punished at the discretion OF 6 eoert-martia
by substituting sn informal commission which deprives
them of the right OF being heard IN their defense, and
considers alleged infractions OF law IS evidences OF
refcjepcy All supposed iDefiicierCy, from actioua
be Games is highly injurious TO al officers charac-
ter And every such clearly en- tiled to the
laws and courts instituted to try all violations OF d'ci
Mine law and morality. To have dealt secretly ana
tuu arily with sueh cases was manifest infringe
m4pt of The laws Of the navy and totally regard
Lea of the courts provided to enforce them and OF the
rights of thoee whose interests and characters were
involved
IL NAV be said that the board merely Adv sers
Of the President at hose pleasure naval officers hold
their commissions, and that they only recommended
cases for bis consideration and that those dis
posed of were set aside agreeably 70 contract.
This power of the President has, however, never
been exercise except in very extreme CAGES a1d the
fact of courts having been estsb she'd for the rs OF
offences TO each Of which distinct penalty attach
ed would imply that discretion OF t1e
mitd By the finding Of courts, or the proofs OF guilt
against the offender-or, also rhy hare courts and
awsl Why no, leave the matter entirely to the Pres
identl Simply because is impo slble Tor him to ex-
errise inst and Intelligent DISCRIMINATION In matters
Of WI icb he knows next to nothing. Courts MARTA
were instituted 10 Assist him In the exercise OF MS legal
posers in all such cases they could reach-to wit
ipfrsctioDs OF law and discipline which he could not
be Judge Of Knowing nothing Of he circumstances
Involved MI I'll presented TO him throsgh the medium
of court appointed TO investigate them. But, a. the
President required advice in cases which ne courts
ootd not reach the board was created for hat pur-
pose and nothing more, as the Law says they SHAH
report all who are incapable OF performing their duty
promptly aud ceLtly-meaDDg, doubt ess, such as
were ply sicaIiy morally disqualified, permsa ent
w. and not such had committed 0ffenses which did
not involve their capacity and efnciency-ohenses,
which had thew formerly been considered 90 reprehen
sible would have deprived the country Of the vau.
able services OF some Of her most gallant and dsln-
euished officers.
But the board on arriving a; its conclusions, OBJ
served none Of tie usual forms established for the
government Of courts, regarding the examination OF
eyidence-indeed they examined no Witnesses. And,
10 far as we can imagine anything OF 1917 proceedings,
they mus have been governed by Their perso knowi
edge OF Individuals common rumof, and e1 parte re-
ports elements obnoxious 10 every pr ocipe OF Law and
Justice and susceptible to any amour. OF abuse IeeT
know ledge in many csses, may nave been connned 70
lew member OF the Beard, the oilers knowing moth
inc of the unfortunate persons under considerStonn
such case the minority might Influence me majority
Besides their kno sledge Of an individual may have
been remote, and in this case, no allowance cood De
made for bis improyement-in shor, then knowledge
mrst have been very imperfect, and frequently de-
ne,dino mon few Isolated facts, with perhaps long
years between their occurrence and the ume OF l1g-
meni-end what reliance can be placed upon Judg-
ment derived from s1cb nsoest0rRy imperfect know
edge may fairly be supposed the Board possessed
a. 70 the regulations Of the unfortunate ones what
more unreliable than thstl What more essiy made
and destroyed One act either good or bad, /. saf-
6cient 10 give man notorety where those VINO kno"
n And talk Of IT, aIe much scattered about a. g.
val ofioers are SO unreliable il Il thOughto BE- that
il never received evidsnoe sgsns! person, not
even before grand Jures. which sinply nod charges
for trisl-indsed. grand lures ere Almost mva1soiy
CHARGED against en- ertanng IL az opposed 20 lsF ana
;r.,c and highly INJURIOUS the sarsc.ers OF those
whom Il nav concern And grand Jurlee, Tnica
cannot cOaciet, and are only preliminary 70 tns are
40 Jealous of the laws the principles OF nsce, ans toe
characters of individuals hsv much more 80 should
,r;InnsI he mon whose udgment it Il kno VI that
conviction depends a. 20 e1 p.rte reports, wnS
lstitude DO they allow for the expression Of Preu
dice and e1.ggerstons-Fbo can caculse n IN
sto-t without considering the natural islholty oil
bn,nsn iaSsr,pt under the most favorable circum-
stances for the calculation Of Truth, the elements pos
,essd bv the board we're II themselves az vel eac1-
lated 10 confuse and islesd ss any that can e,siy De
imagined -.
,,cord. Of the NAVY observation-disclosures some no.
tee. Thee eopsis. PRINCIPALLY Of sera reporn maze
by commanding officers, sgaimt their Interiors :
who. in consequence, have no oPPor-
tuni.y Of explaining the charges ava I"
hen, unLss serious to authorize trial
In All ca,es where interiors report Their CON-
msnderz such reports pas through the hands Of the
conusnders WHO thus have an opportunity Of explain
fng any charges made azainst the1a-in fax, com
rsr6er may suppress any sueh repoL a. ais pleasure.
sroe., ia, 10, Of e1 pe-e evidence Il Eled away,
Be ssg7ees.e of which Is the history Of an officer, or
hi. chsrscte. at tie department; they he records
Of years. and to bling F1eh things sg..ast person
even on trial would be highly veIstious ss II voud
be ,luott mposa he 70 dnp,sye then, when, pernAps
a. - r,.sposs were forgotten By him. By . -.