The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-17

rsbutting those charges by proof Notwithstanding the
Cd into law almost with unparalleled unanimity in the
Senate That portion Of the hw--that se,tion of it
which seems to be most obnoxous-was, in
form ed by the secreay Of the Navy and as we all per-
fecty we'll forced upon the Law by an amend
meni Of the House Of Representatives was not indis-
no difaculty in giving my concurrence to it. / think,
Mr. President, that there is great error lying at
the foundation of all the stIictIrss that are cast
New Hampshire Mr.. Hale) Is greatly in error
when he assumes the basis Of his remarks and sric
TINS an the o.
vested life interest in his Office. We all know that the
true constitutional theory is that which makes the dura
ton Of Office deerminabe upon the pleasure OF the Presi
dent. These officers do not hold their offices during
good behavior, They hold no office for Life They are
tract, admit that they shah remain in that service
long they efficiently perform their duties Now,
sir in passing this law what did the Congress Of the
United States undertake to dor It undertook simply to
assist the Executive In the exercise Of his con-
sttute nal power Of dscharg,ng from the rolls Of the
Of their duties However rigorous might have been
the action Of Congress- however unjustfabe in point
Of hberty and que for ancient and dis
distinguished public services, no man can gainsay
the abstract right of the government to discharge
any officer in its service at time when he becomes
inefficient to perform his DUTIES without compensation
and without further reward. say that the abstract
right EXISTS il the government although should never
be found voting to exercise III and believe no Senator
WtAA Wy eo~nN " WY "aEsAs
was Just or Pepper or becoming in the Congress of the
Unse pas1 any act which should evince ingrat
tude for ancient and faithiu public services Now sir
holding, did, undoubted right to maintain the
efaOiency Of the army and navy; bound we we've by
every consider which should operate upon the mind
of PATRIOTS to maintain that efficiency Is above an otner
legislation here having received complaints time ana
again every Secretary of the Navy who held that
did as matter Of public notoriety, that the body OF
officers Of the navy required purgaon, II may use that
0aS and whether from acct
dent from the visitation OF Divine Providence OF
from their own fault or misconduct TO perform
their public duties; to fold arms, and be-
cause could not perform that duty in manner per-
fecy satisfactory to ALL because we could not attain
that perfection which Is beyond any human unit pc
cause could strike out from the list Of the officers
OF the navy exactly such men as ought to be stricken
out and leave in exactly such ought to be re.
famed because there might here to the pre-
JUDGE of officer and error there to the preJudce
Of another-was it our duty as public, faithful servants
rot to do the best could under the circumstances
And what have we doDeS Anslyze the lau and what
it anything more bound by public duty
to do? WHAT the order of Congress the Execuve
After hayrg organized the board require the board
AXE careful examination-into what, sir? "lnto the
efficiency of the officers Of the grades hereinafter men
toneo-into their efficiency to perform their duty to
this was court appointed for the trial Of men
for misconduct In what sense can this board
be regarded a. . tribunal before which charges
be out9 The President of the United States indie
pendsntly Of the action of this board had perfect right
10 drop officer from the service That right has been
exercised before on than OCCASION but the
psnt that brought before Congress-, and the evil
which was known throughout the country was
to be resulted from the fact that the executive
had not exercised that as often as re
have DONE and the public service required The pre-
decessors Of the present President had again and again
dsregaIded the reports Of recommending
the dismissal Of officers from the public servse until
<Iovh adG IN Qn0AQn0 Executive olo-
meDcy in their BEHALF through the nercesson OF
through the importantly of politicians Presidents q
the United States had exercised their cemency In regard
to individual On extent that the number OF
officers which it was required to dismiss from
Ssu Ra'X rss On the President the necessity
dropping The Senator from New Hampshire has
well stated that there has been no the
ted States up to the present day who has had the
age-I do not believe General Jackson himself would
have had the moral courageto drop at one swoop wv
hundred officers from the navy sI pf the onted
Of these officers and their friends the feeling whicr pc.
vades parts of the country arising from just sucn
appeals bave been made by the honorable Senator from
New Hampshire to-day would have been too great to
be borne by the stoca rmness of General Jackson
himself For this the necessity Of aid from
the character OF the navy for efficiency should be main
tanned, and tta if any difficulty such seems i'm
and we should be involved in contest with some To-
reign Power and the flag Of country should have TO be
borne on the seas in opposition to the lion flag of Great
ing TO recent commur ication from the Executye our
flag should be disgraced the honor Of the country
should be furnished and 1t should not be committed
to inefficient Incompetent hands say, In my estima
ton, that that great public duty mperatvey de-
manded Of the Congress Of the United States and for
portion Of the discharge Of which take pride and honor
Iconsider my elfened to honor and credit from my
sttuency, and from the country for having voted for
that bill and for maintaining 1t. But, Mr. Pre-
siaent whilst say this it is my intention to say
God forbid that should ssythat in every instance il
which this board las ed. its action meets my appro
II has fhaffb
and the President Of the United States themselves have
declared that injustice in some has been DONE
il not my in eniop to defend these executive officers be
yond the point to which think they ought to be de-
Tended have the highest respect for the Secretary
the Navy: think he has made an admirable and eff
cient public officer; but think he did make
mistake in recommending to the President of tht
United States TO adopt IN toto the action of thi,
tives that opera ed on his mind / can under.
stand very well that he might well have hesitated
In striking from the list furnished to him the
any officers upon the ground that by doing he might
teem to mpeach the motives of the officers who const
tuted the board Yet think that he erred In strk
ing from the list committed to his charge by the navy
board such names in his opinion required further in
vestgation. think he ought to have withheld those
the action Of the President until his Judgment
conceded with that Of the navy board To this extent
and further, do think the Secretary of the Navy
acted injudciousy satisfied, however, that thi.
error-if indeed it were-was efjudgment
alone and the character of that gentleman (whose
duct in the discharge of the duties Of the secretaryhp
the Navy has the theme Of admir- by
of all political parte is sufficient to satisfy u.s. and to
satisfy the country, that but the purest motives
guide him when he made the decision which he did.
! might refer to two which have
been suggested this floor. Ny honorable friend
fem Virginia (Mr. Mason has suggested the
name Of officer Ct the navy whose reputation
Is coextensive with the naval worlds gentle
man who is receiving medals Of gold from foreign
Powers testimonials Of their admiration for his
tfc atainments and the service he has rendered the
commerce Of the world. Why. sir, take the fact to be,
that the of this board and the Secretary Of the
Navy and the President must have known that like
his would excite the surprise Of the entire country and
excite the sympathy of any who took any pride in
the fame Of his country and the very circumstance that
notwithstanding this knowledge they did, in obedience
the behests of the law execute its orders is the highest
prasethat could be accorded to them refer the feet
Of Lieutenant Maurys being placed the retired list
with leave Of absence pay btcause happens that have
nearo rom sources which believe worthy q the highest
Of active officers Of the navy and placed the honorable
position Of leave Of abseIc pay the retired hs in
obedience the letter Of the law which required the
board to report what officers capable OF per-
forming promptly and efficiently all their duties
1871. .ka-x 4 koxn a1ao hn~~- .-ro--