Nashville daily patriot. [volume] (Nashville, Tenn.) 1855-1857, 1856-02-12

Mr.. SPEAKER: did not expect to discuss the
resolutions now under consideration, tor believed
OH their introduction that they would receive the
unanimous support OF this House. But | under
stand now they will encounter opposition to
greater or less extent, but upon what grounds
am not advised. | must therefore ask the indul-
gence of the House, while endeavor, as briefly as
can, to present the prominent considerations upon
which think they are entitled to support.
And here allow me to disclaim, as | have before
done, all party motives or party relations IN the
subject matter Of the resolutions. / am not aware
that the act of Congress complained OF was party
measure. II was voted for by men OF all parties,
and passed with considerable unanimity, and stands
on the footing of hundreds of other acts in relation
to the different departments of the Government,
that NAV be said to be neutral in politics. Nor do
| know what are the politics of Lieut. Maury, nor
whether he has any party afinities at all rather
suppose, from his character and pursuits, that be
lives in a higher and purer atmosphere than that
which surrounds the slough and mire OF party
strife. And am yet to learn that the Navy, It's
growth and efficiency, are not objects of great ma
tonal concern, with which mere party theories have
nothing to do.
But, sir, shall endeavor to place the obje IS
contemplated 10 the resolutions on their true mer
its, and gentlemen can make a party issue upon
them if they see proper.
The act of Congress of which complain, is as
follows, viz: IAN act to promote the efficiency of
the Navy" Be 10 enacted, That as soon as prac
tcable after the passage of this act, the President
OF the United States shall cause board of naval
officers to be assembled to consist Of i've captains,
five commanders and five heutenants, which board,
under such regulations. as the Secretary of the Ma
w may prescribe, shall make careful examination
into the efficiency of the officers OF the grades here
matter mentioned and shall report to the Secretary
of the Navy the names and rank Of all officers OF
the said grades who in the judgment of said board,
shall be incapable of performing promptly and eff
GENTLY all their duty both ashore and aAoat; and
whenever said loard shall believe that said incom-
potency has arisen from any cause implying sufi-
cient blame on the part of the officer to justify it,
they shall recommend that his name be stricken al
together from the rolls Vacancies occurring in
said board shall be filed by the Secretary of the
NAVY, who shall preserve the number and grades
of its officers as aforesaid Prov died. that no Off
GERS upon said board shall examine into, or report
upon, the efficiency OF officers Of grade above
them.
SEC 3 And be It further enacted, That all off
GERS who shall be found by the SAID board incapable
of performing the duties of their respective offices,
ranks Or grades, shall, if such finding be approved
6y the Preadcpt be dropped from the rolls, or
placed in the order of their rank and seniority at
the time, upon a list in the Navy Register, TO be
entitled the Reserved List; and those so placed on
the reserved list shall receive the leave of absence
pay, or the furlough pay to which they may be en-
titled, when so placed according to the report OF
the board and approval Of the PreSid Mt, and shall
be ineligible 10 further promotion, but shall be sub
ject to the orders Of the Nary Department at all times
for d,ey; and vacancies created in the active SER
vice list, By placing officers on the reserved list shall
BE- filled by regular promotion ip the order Of rank
or seniority. Aud officers who NAV be promoted to
fill the vacancies created by the reserved list shall
while unemployed, receive only the "leave of alb
sence," or "wsRing orders" pay to which they
would have been entitled it such promotion had
not been made; but when unemployed at sea- or on
other duty they shall receive in addition TO such
"leave of absence" or ''w&tlng orders" pay the
difference between the waiting orders" or ''eave
of absence" pay. and tie lowest sea service pay oil
the grade to which they may be so promoted; Pro
vided that this scrutiny and reservation of officers
shall extend ouly to the grades OF. captain, com
mauder, lieutenant, masters, and passed midshp
men; And provided further, that all vacancies Oc,
curing in the grade OF masters, shall be filled by
the promotion OF the senior passed mjdshipmen &c
be entitled masters in the line of promotion, who
when promoted, shall receive the pay allowed by
law TO masters; that the number of masters in the
line OF promotion shall not exceed sixty, aud thai
nothing in this act contained shall be held or con
strued to authorize any increase OF the aggregate
pay of the said grades, of the naval service, a,
now allowed by law.
SEC. 5. And be IL further enacted, That nothing
in this act contained shall be construed to restrict
apply to, or impair the regular promotion Of off
GERS in the service list of the Navy, who may be a
any time entitled to promOtiOn-consequent upor
Deaths dismissas, or resignation, in the naval ser
vice-nor in any manner to abridge impair tn,
right of the Secretary of the Navy to place any off
GERS upon Through.
Sac 4. Aiid be IL, further enacted, That nothing
in this act shall be construed as to increase the
aggregate number of officers, and that all laws o.
clauses OF laws so far they conflict with the pro
visions of this act, are hereby repealed. Approved
Feb 2Sth 1855"
This act is too summary in its provisions and ca
pablo of great abuses. 1t does not provide tha
the accused shall be heard-that specific charges
shall be made and that he shall have time and op
portunity to answer. 1t does not place the boart
as it is called, (it should have been nquisition un
der the superintendence Of the Secretary OF thu
Navy, who is directly responsible to the Govern
ment and the head of the Navy Department. 1t i
utterly destitute Of checks and guards, and woul,
suit the meridian OF ancient Venice or Turkey bet
ter than free country like ours. If the officers
the Navy had been convicted felOns, and were Unl
awaiting the in1ictiOn OF their punishment,
might have done to pass such act, and depute
board, to determine whether there were any case
OF mitigation, aud which Of them should be shot
aRd which COMMITTED and which pardoned. An
even then there would be a want of humanity
the convicts were not TO be allowed to show the cir
cumstances OF mitigation. SO far as the act pro
vdes these officers to be treated precisely a
the hangman treats the unfortunate culprit. II
drives up his cart TO the jail takes him out al
hangs him, without consulting him. If We wer
left to infer from the act alone, we would suppos
that those who have fallen were prcjudged, and tina
the action OF the board was mere mechanical al
fair, or else how was il ascertaiued that the fftee
who constituted the board were free from all mori
faint OF other ground Of incompetency? The
never passed any test-Rnd we have looked ia val
for a new board to be organized out OF those VIII
have been white-washed, TO sit in judgment upO
these original triers, and determine whether the
are entitled TO exemption from this act. Agar
there is something monstrous in that provision
the act which authorizes officer TO be placed 0
the reserved list renders him ineligible 10 promo
ton, for the time being but subject to be cae
into service when il may suit the pleasure OF Oh
government Toa high-minded officer, an absolut
dismissal would be far preferable to such state
official purgatory, depending upon the pray ers
his friends aud the grace Of his superior.
But whatever NAV be the true construction
the act upon its face, if the organization OF iii
board, and their action under IT, consistent
matter OF practice, then the act itself is 90 uamOu
piece OF tyranny, without parallel in the histor
Of the government aud ought to be repealed with
out delay. AID | will venture the assertion, IN,
there is not an honest man who voted for il, thi
can now approve il, if this be the mode OF is a.
ministration. But il is in the action Of the boar
itself that We fnd the only exempldeatiou OF III
odioUs and detestable Law. The spectacle so far
the light has daWned upon it, is enough TO mai
the nalon blush, that such at outrageous scene
4 despotism should have been enacted in its mids
The board met like an inquisJion with closed door
preferred no charges that are known; arraigned {
one; gave no notice; proceeded wholly exparte; e.
of the heads OF some; manned aud branded oil
ers, and so far the world knows, hal no evideDt
before them; put out their own tracks, and ieft !
traces that lead TO the why, or the how, or q
wherefore of their determinations While the
sitting in Judgment, their victims engag,