The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-06-07

in each individual case This was voluntary on their part
II was not prescribed BY the law prescribed By the
regulaonsi but memoranda were Kept for the purpose
have stated.
But sir to return TO the point Of careful eraniatOn
VIII The senator from Mississippi Mr. ADAMS tell pre-
cisty what by the term careful examination
And II he cannot and undertakes infer what was
by the light Of his Judgment will be allow the
Executive the Secretary and the board do the same?
not manifest that the law left this the discretion of
those who were TO carry it into effect? The board did
make an examination and before undertake to de-
tefrnine now careful it was, have know-
edge Of the inellees industry powers Of analysis and
knowledge of the subject possessed by its mebers for
earsa examination might be made by party In day
which would require week for another party perform
and with all proper Difference for the opinions Of gentle
men here upon naval affairs apprehend that the board
knew well how to conduct and accomplish careful
animation Of the efficiency Of their peers themselves
The senator from Mississippi well knows that he could
carefully examine in day subjects which would require
this board six months TO accomplish. He equally knows
the truth Of the of the proposition that they could
examination of day, which il would require him six
months to examine. Why then, does be undertake TO
up his standard Of what should constitute careful
examination of subject Of which he may know but little
in opposition to that of the board? This is altogether
matter OF discretion. When Congress imposed upon the
board the duty of making careful examination it
erred them the right of deciding what that careful
examination should be.
II they had made examination acknowledge there
would have been force in the argment but having made
the examination they made it in the exercise of their dis
cretion. Let me give an illustration II court has
thory TO nct for certain offence fine of not less than
$500 than $4,000 and infcts in fact fine of
$500 where the offence required $4,000 and rce rera it
would be exercise of discretionan unwe to be
sure, but which could not be inquired into by any
other tribunal IT. however the court should nic fine
Of less than $780, than $4,000 thus exceeding the
discretion conferred would furnish just ground for
reversing the Judgment Here the board undertook to
Judge what careful examination should be and they have
made IT. Perhaps they had been six months in session.
some would have regarded the examination too has
Who is 10 decide?
Congress did not undertake specify the acts which
to constitute this careful examination but il in
tended that such examination should be made would
enable the board to arrive enlightened correct and
scientous conclusions and such would be satisfactory
to the Executive and in order that the board might be
constituted from those members of each grade not only
whose established character throughout the service would
afford guarantee for rigid discharge Of duty but from
those who with this qualification should also possess
knowledge Of their respective grades the law did
fine the Secretary to the senior officers of each grade but
left him to choose from the grades at large.
But sir the strangest, and in my judgment the most
unienahe proposition has been advanced BY the
from Georgia who contends that the careful examination
into the efficiency of officer which the law directed the
board make implied ability Of mind and body the
exclusion OF all other oonsideraoEs-ihat an officer
bad knowledge Of his duties and health of body
surate with their performance he efficient officer
and the board though he might before them "seps
IN infamg cih all he crimes Of the Decalogue upon his
head could not take notice Of them Strange it may
sound sir this Is his proposition The Law expressly pre-
scrbes in its first section preliminary every other
that the "bodvd shaU
he efficiency Of he officers ef he serera! gras7 kc and il
is therefore, incumbent upon those who seek know
hat duties 1t devolved the board determine FIRST 10
what the efficiency Of naval officers consists and Websters
definition Of efficiency, viz the power Of producing the
effect intended-acve competent Power-may as well be
held in view.
Ny friend from Delaware, who usually sits behind me
took view Of this point somewhat similar 70 that Of the
senator from Georgia
Mr.. BAYARD. If it win not interfere with the honora
ole senator viii state my position exactly without
Mr.. MALLORY / yield the floor for that purpose.
Mr.. BAYARD. The board, by the terms Of the law
10 ascertain the efficiency Of The officer deny that
for that purpose they bad right look into his moral
character admit however that having ascertaned that
he inefficient hey could look into his moral charac
ter 80 far ascertain whether his iuecency from
blame on bis own part
Mr.. MALLORY. In treating this point am directing
my attention particularly the argument Of the
from Georgia though in part also TO that Of the
from Delaware Does the efficiency Of naval officer in
deed depend upon mental and physical ability alone both
Of which consistent with namy and degradation
The senator from Georgia win iud il Impossible to main
tain proposition at which nature revolts without
limiting his vision TO avery view OF officers
duties and ignoring large class Of them altogether Sir
some Of the nobest tiamphs Of your naval men are
achieved 10 times o peace and by moral force alone
As pacihcaors negohators OF treaties the repre-
sentves in foreign lands and Of the counys char
acter and honor the guardians and protectors Of the
hoho he nsh ana Their interests Of Their ieOwcizens
abroad our countys history records their serrce and
proves that peace has her umphs which may well
pare with wars bloodies achievements Is the asEee
Of man for such duties consistent with iniamy of char
actsr3
an Of Congress should declare that none bat s-
ei teachers should preside The morals and minds
your academies n this District or that none but efficient
preachers Of Christ and Him ueSed should perform the
duties Of chaplain 10 this body, would the Efficient per
formance Of either duty be regarded consistent with
fanny Of character And would You sink the standard Of
your officers characters beneath that which other proes-
sions demand7
Sir il thus that the early fathers Of the republic
thought and the from Georgia viii fud In the
vey rt section Of the act Of 1900 the organizing the
navy and which be has referred a striking exposition OF
the fallscy of hts argument:
"ART l. The commanders Of all ships and vessels of
belonging 70 The navy strictly eujoned and required n
ism and Eubordiuaon, and be rgant in inspecting the
duct of al such placed under their command and o
guard against and suppress all dsoute and immoral
ce and TO correct all such guilty of them according
20 the usage Of the sea service.
"AaT. 2 The commanders of ~ ships and vessels IN the
having chapains board shall take that divine
ssrvies DO performed In g9en orderly and reverent
ner twice day, and preached Sunday unless
bad weather other extraordinary accidents prevent
and that they cause all many Of the shps company
the worship Of Almighty God.
"ARr. 2 Any officer, other person. IN the who
shall be guilty OF oppression, cruelty fraud. proue
ing drunkenness any other scsndaous conduct tending
10 the destruction Of good morals, shall officer, be
cashered, suffer such other punishment martial
sha adndgei private shall be put in irons, Or Tagged,
at the drereon o the captain exceeding twelve ashe
but II the offence require punishment he shall be
tried BY court martial and suffer such punishment said
court shall iutct."
Does this legislation point 70 something more than
The senator from Georgia docs FOR efficiency
So hr from concuTrnR with The senator from Georgia
regard character not only essential officer but
lying the very foundation of all bis efficiency
Sir are 70 be told and told too while engaged upon
the work Of rorniHg NJ parg that the convicted felon,
pettv thief thr craven onward or The parv braprar