The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-28

aaA By prompt and scisat nsAsurss both ssAors aaA
sAost inssrsd condolences 80 rave protscoa 70 par
s9S. az
CAPTAIN JOSEPH sxoOr.
Yssr nsmorisist entsred the navy Of ths country In
1909. In lsll hs joined the Hornst and during the
sell under thu gallant Awrsnos and Rddis and parici.
Patsd In hsr actcns VII the Peacock and Penguin and
the BLOCKADE q hs Bosns toysnns In the hArbos Of St.
IN both Of those actions your memorabilia voted by
the Legislature Ct Maryland his native stas. splendid
ss. With tie other ossrs, for msritorious conduct.
During the whols period your memorisst was never Oh
duty singh day.
eutenA and ordered TO the command Of the Des
patch ct the time employed ON the survey OF the waters
beutensnt Of the United States schooner Nonsuch
gagged in surveying the coast Of Virginia and North Caro-
lina and continued in that service until slS when he
Joined the United States frgats Macedonian, Captain
Downes, and sailed for the Pacific Ocean, whore
he remained performing active duty Tor three tire.
years and returned IN the SAID sn,R IN asal
taehed the raid ship Macedonian under he command
of Captain Biddle, in the West Indies until the yellow
.aty, when she compelled to return to Norfolk
When toe ship arrived your me nosiist was the only
tbs o. S freate United states, under the command Of
Commodore Hull, and sailed for Il Pacific snc while
there volunteered to board the o. s. ship Pea
COCK Captains Jones and Kennon. In p"fSer, 1877, he
returned in the ssid ship to the Unitei In 1892
he was ordered TO the OF the U. s. schooner
Grsmpus end served board # tho
West les In 1888 he appointed to the command
of the s chip Erie attached tn the squadron Of Commo
dore Dallas In 1882 he cd from the Erie to
the Z. s. ship levant, attached the squadron
tbs IN under the command of Commodore Shubrick and
acc quilted himself he has tn believe to the
tie Satisfaction OF his commanding officers In lsa6
msmorialst ordered to the nand Of the q. S.
gae United States and served in her tor nearly three
years, the coast Of Africa and in he Mediterranean
and returned in February, 164e to the United States
The aggr gate service Of your meoria t is upwards
of twenty five years. although tae Navy Register only
shows rneteen years and eleven months In addition
this service, your menoras has performed shore duty
at navy yards and recruiting service and for the
thpee years ending the let O,tober last he 10
command Of the navy yard at Portsmou h, N Il.
LIEUT. M. r. MAURY, SUPERINTENDENT UNITED STATES
NAVAL OBSERVATORY. ;.
If II be said that your petitioner was overslaughsd be-
cause broken leg, the reply is there other Off
who manned and Blind who were not so trested;
nay there was q member of the Boar tho had twice
suffered misfortune of broken leg No surgical
examination to the pest of your petitioner be
lie held upon either and vet your petitioner has
been officially degraded while this member Of the Board
has been honored with promotion
it be because of unemployed time, the Navy Register
shows that officers have beer by the action of
this Boaro who have been unemployed altogether twenty
five years since they entered the nAvymore than half
their time One the ard has been de twenty three
another eighteen years. while the ployed time
your petitioner amounts only seven years seven
months. Pro rata, the official roster that he
been constantly duty than the captain aud COM
manders the Board themselves have been according
to the allotment Of averages.
want of service be urged then the register will
show that tire ratio Of service to his credit
than that of several of his brother officers who have
been promoted in consequence OF the fncings OF the
Beard.
With these facts and fair repue ion your petitioner
az loss to conceive wherefore, except by the
arbitrary will and pleasure OF -tain members Of the
Board this hssvy finding has brough against iu.
wi
informed the nature of the charges confronted with
the Witnesses against him. has been adjudged by this
Board T. be Professionally incompetent and according
it, recommendations appears by letter Of the SO
tarv Of the Navy-at copy which Ia hereunto ap-
served List render ed hereafter ard forever by la
ineligible 10 further promotion in the navy of the United
States and be has areaoy been exposed TO official dera
dalton la consequence Thereof, by having his juniors
lifted up and promoted over lis heal.
To disfral chise and degrade officer without specify
ing the nature Of the accus stou against him. ia surely
against the spirit Of American law; him off
broad grounds Of incompetency is an outrage upon natu
raj Justice
ideness, drunkenness al rorts OF immoral habits and
infamous practices-anytb thing that is de0asing; nay
incompetent by dinfecton, treason and ardice
M, ignpble trait or Infamous conduct. The fndt0g
OF the ard Is q warrant and an invitation tor the
evil minded to impute any OF these your pei toner
He humbly submits that he has not deserved sush
uessuent the hands Of any tribunal of his country
He has served it 10 the Of poor Abilities up
yards of thirty wears Duriug a that tine his career In
the service has been without official reproash. He las
never been tried tor any offence accusation and the
Scets Of the Navy has stated in has place (H that
other officers, like petitioner of epotess chsrsc
ter and eminent ervIce ave been treated in like
ner with himself by this Board
Spotess reputa tn is dearer than PROFESSIONAL ad.
vancement and though the finding Of the Board oe-
piTes petitioner Of valuable professional privileges
and infiicts the severe Punishment of living naval
death yet he feels that this light I'd easy in
ps TO the dsmning stigma f professional iacompe
tency, which majority Of this Board com posec Of his
has secretly and illegally pnsse him.
Your petitioner is eaoy for any sacrifice that the pub
lie g. cd may require of him.
plecgtd the abilities with which hs Maker had endowed
him, humble though they we're, yet loyal and true to
Flecge o. his youta in remembrance, IS rule ct
duct; and he is ready be then to do what
sailor may do for his country's good Therefore, IL
his presence hinder the efficiency Of The psvy-nay il
it do not ard to and promote 1.-THE is willing give
place n better and to retire to the walks of private
life But in going, let his fair fame be tarnshei
made target tor the shafts Of malice. His good
very precious therefore he prays your honorable body
to interposs with your high authority and protect him
In it,
1t submitted that Congress never intended to disere
dit useful service bounden duty OF officers be it per-
GENTLY snd we'll Your honorable body, it humoIy
ceived intended to ,sss such upon sci
ence In the navy its disciples to class the demands
OF the public service upon and toem tor important
val outy anywhere vii downright: official ideness.
The law old not authorize any suca classiRcaton nor
would sut6oizs Que credit to be withheld from an Off
for obeyng orders and performing the best Of his abi
ties the cutie assigned him. they by land and
Of Whatever nature. The law distinction be-
duty ashore and duty sfoat and neither ueuien
ant Bddle the Board had any right, IL is submitted
to give credit for than the other.
Your petitioner, a. appears by the Navy Register of
1865 has been employed shore duty twelve and
eight months. One member OF the ard has been un.
oyed twenty years and Pine months and
other eighteen year. and one month These officers
no retired yet in the opinion Of the ani~ member the
Beard would have been bound to have fling at science
in the navy and remove your petitioner from the active
list.
Your petitioner further begs leave state that he has
not served with any member OF the Board for twenty
year. and that he Is unable 70 say upon what grounds
the Board claims 70 have und hun incapable per-
forming The duties Of his Office" for bis Office not
inspsoted by the Board die the Board he
learn inquire into its condition either through him
self of the Off connected with its MANAGEMENT
Wherefore. your petitioner charges ths Board, or
majority thereof, composed Of individuals to him
known with having done injury to the naval service and
the fair fame of your petiiner. He accuses them OF
having passed arbitrary judgment which Is tyraSDy He
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