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

In extreme cases. We have all known In which the
Executive rgor might have been exercised when be has
failed to do it. For the last fifteen years. Secretaries Of
the Navy have in almost every report they have sent
to Congress- called upon the w, Houses TO provide
ed officers wehsve hitherto failed to do IT. and every
introduced Congress sessions be-
fore last year. met with opposition This law seemed 10
somewhat beyond the expectations Of the public, be-
cause Il has gone beyond the expectations of
s rhoe ason sn0 70 he ss aside and the
Senator from Tennessee and the Senator from
New Hampshire are TO put up their Judgment against
their lves with the navy. II judgment Of
the efficiency Of naval officers is to be taken
think an in partial public would prefer to take from
those who have passed their ves in the naval service
who have hmiarzed themselves with the officers and
who having the records Of the Department before them
for consustion, have given judgment upon the subject
matter advisedly know Of the officers who were
members Of the board out not all of them and here in
my place undertake to say that search their conduct
as you may, every word that spoken the board
were repeated here, should not only find nothing to
their edit but everything TO show that they acted
y vigorously imposed upon them and painful for them
to exercise shall make opposition u the reference
to the COMMITTEES on the Judiciary of the memorial which
was presented by the honorable Senator from New Hamp
shire.
Mr.. HAIE-That has been already laid on the table.
Mr. MAIIoRy-1 know that; but understand 1t has
been laid the table simply because 1t is desired call
up hereafter and refer 1t to the Committee the Ju
dietary with Instructions Heret ofors, memorials of
sin liar nature have been referred to the Committee
Naval Affairs So far as understand the views Of that
committee Is perhaps proper that should say that
they concur with the reports of the Secretary OF Navy
in the disposition to maintain the general aston of the
board believing that it has produced great naval
iorn-be ieying that the navy has received young lie
bood which will tell in every department Of the
Disposed as am to maintain the of the board IN
too am still ready to admit that provision should be
made tor Of injustice and hardship watch the Sc
cretary Of the Navy to acknowledge do exist. I
trust some will be found to justice every
man who has been hardly dealt WITH and to leave him
cf in
the acquired rank which the action Of the board will
have given him; but know Of way in which this can
be reached at present. unless it be through Executive
action.
Mr.. ToucEy-Mr. President it seems to me that the
only point which it is at all material to consier ut ths
time is what is the power Of Congress this subject?
With regard to that class of officers who have
been dropped from the service whose have been
been stricken from the rolls by the action of the
President, in pursuance of the recon- nsendaton of
this board may Simply remark that they are
out OF the service, and Congress has power re-
store them This Is point that has been repeatedly
decided In the Senate The power Of executive under
the constitution, when it is exerted by The President
works the effect Of putting the officer entirely out
service as fully any civilian who may been re-
moved from public employment, and there is mode
restoring him to the service except by reconciliation
Has the Senate any power to compel re-nomin stion
We undoubtedly refuse to approve OF the nomination
of other person. 1t has sometimes been attempted
in the Senate but 1t has always failed IL has failed
for the that the Senate has power under the
constitution to direct the executive with regard to any
person whom he shall non mate to office 1t is at
ton has not conferred upon us directly and for that
reason think IN every instance in which it has been
attempted it has signay failed that, with regard
to that officers whose names have been stricken
from the rolls OF the navy, there Is no remedy but
by an application to the executive. With respect to
those who placed the retired list confess
think their condition Is very different. They
hold the commission which was originally CON.
ss III By s % Of s
them out Of the line OF rronotion but they still OH
Ger. in the navy Now, sir, we can repeal or modify
that of officers is longer under that restraintf
they longer out of the line Of promotion they
stand in the condition which they stood beore and
we shall not have conf, the nominations whica have
been made upon the idea that they out of the line of
promotion they may be nominated aud may be promot
except with regard that class Of which have
who are now out Of the navy and they only be
stored BY the constitutional action Of the Executive and
of this body With regard to the other class think
the present state OF things persons have been put
in their places, as no promotions have taken phase, be-
by the President is only until the end the session
OF the Senate ensuing 1t depends entirely upon the &C.
ton Of the Senate whether these appointments become
permanent. and whether permanent commissions
should be issued 1t to me- therefore, that If any
injustice has been done have IL in power 10 far
the retired list is concerned but with regard to those
any power the subject except follow out the &C.
ton Of the Executive have nothing to say, sir with
needed In the navy. 1t has been recommended for
res OF years. receect that similar
commended during the administration of Mr. Polk and
think il has been frequently before Congress since The
object that sought desirable object-an object
Of the highest Importance to the country Whether 1t
been accomplished by the action of this Board am
not able to say. am not informei- ii know not the
grounds which they acted but there cases within
my knowledge of persons having been placed the
ton for all the services in the navy, any officers in
the navy. With regard to the class to which have
or u without The but ta II
action Of the Board to approve of it. say,
unhesitatiDg that do not impugn the motives OF the
Board. doubt not they have acted honorable men,
upon subject with which they very familiar; AMI
whatever they may have done their intentions to
the best interests of the public service This
much will say in advance, and until the subject has
been presented by the report OF committee in
gble FORM shall be unwilling to 90 urther into the de
bate.
Mr.. HArE,-The Senator from Florida says | have al
ways been enemy Of the navy. totally deny the
charge, in general and in detail in the beginning pro-
ceedDg end The whole of 1t originates in fact
which will state The first time that had the honor of
holding seat ON the floor ofthe House
and the first time had the honor of holding seat on
this floor began to strive earnestly in and out
Of season. Tor the abolition of logging in the navy The
Ct arman OF the Committee Naval Afars--a those Of
cers whose cruising ground this Cspito-were de-
nouncpg enemy to the navy because for in
Producing that element OF it. But sir that
measure was carried it met the appreciation of every
friend OF humsni u and against the obstinate preja-
dices OF the navy itself and the officers Of the navy
il HI made its way into public favor until to-day
humble champion Of that great measure of reform
have the satisfaction Of holding in my hand the evidence
of the appreciation of the head of the Navy Depar
himself to that reformation for endeavorng to procure
which have been stigmatized enemy of the navy
let me read it. The Secretary of the Navy, in his
port, says
The hope INDUCED with mnch confidence by many expert
enced observers and officers Notwithstanding paefu appre
tensions and gloomy iorebodngs disastrous
nom the abolition of punishment by hoggng that tns tu-
name act together with the recent discipline bill rewards
AMI punshments thecharac,cr Of the GLASS; will
be improved by hencreased willingness the aborng young
men OF our own country to under the flag.
The Secretary does further homage to this great mea
hu inf ftnn
that during the six months before the supplementary bill
Of rewards passed they enlisted eight hundred and
ninety-six men, while for the succeeding months they
enlisted two thousand eight hundred sixteen Sir Il
is because identified my humble self with that great
reform, which has approved itself to the commenda
ton only Of the people but Of those very men who
denounced II, that am sugmatized enemy Of the
navy.
Mr. MALIoRy--Arow me to ask the Senator from New
Hampshire If NOT right in supposng that he pro-
posed here in this place. limit the commissions in the
TO the term of ten years. to appoint officers of
the navy, a. other civil officers appointed for term
Of yearsY
Mr. HALE did propose to limit their commissions IN