The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-02-22

an order OF superior authority TO interior one 70
give It's advice and opinion on practical subject may be
so construed IL merely advisory body selected TO
aid the Executive In promoting the efficiency of the navy
IL is precisely such board the President would have
convened 10 aid him ia carrying the law uo effect had no
provision whatever for that purpose been incorporated IN
the law itself IT precisely such board
Vened by President Madison Ia 1876 70 reduce the army
OF the United States after the with Great Britain
precisely such board ordered by President Folk
Mexico. Their sessions, like the board of 1855
eret their decisions prompt and their reports made TO the
PRESIDENT with their Recommendations, without any
sons given for their action and they were adopted and
| carried into eiocl a-
Now, Mr.. President the disbandueni Of The officers Of
the aray ia 1915 caused h well known, great suffering
hundreds OF merorons otcer5 thrown entirely out
OF employment and renaered unit in Insny nstnes for
toll BY hard service in the tented field No provision but
the smallest pension mado for those whose health
had been destroyed by severe cnpagns who had been
disabled by wounds for the active pursuits Of life aud PEN
sions were the for every officer OF the grade
without distinction as TO merits TO services No retired
ats with liberal provision for the ncritorous then
provided for those who had covered themselves with glory
the frontiers OF Canada the plains of Louisiana
Their services longer required by their country
and they dropped altogether from the rolls Of the
my without any provision for the future being made for
them. ....
do not mean, Mr. President to assert that the case
are analogous But yet the gallant officers Of that
nave expected some little at the hands
OF country they had served we'll. But have made
this dsresson from the question directly before the SEN
ate for the purpose Of contrasting the beraity OF Con-
gress the act of February 1855 promote the efficiency
OF the navy with the treatment OF the discharged ocea
in 1916 and ls4s.
Under these circumstance, hope may then be permit
ted to that the act of Congress which has been
yerely condemned by distinguished senator's
of great liberay and reflects high honor upon the Con-
which adopted and the Executive which approved it.
In its execution, have said before mistakes may have
been made doubt not have beenbut by means SO
many as some senator's suppose These be corrected
nay will be corrected but the law ITSELF sir, good
law; and believe the public dissatisfaction with the
navy such that had euch law been enacted, the
whole navy by general consent would have been aoishcd
hug aiigl
bas inspired spirit 10 its officers. The good effects
are already being felt and win continue TO be aud
more hereafter
But sir, to return What was The power as it Is called
OF this board conferred hy the act OF February 2s 1855
have already referred to y provisions, and il il not
eessary to repeat them These show concusivey that
was made the duty of this board simply 10 recommend not
to receto give their opinions the rela efficiency
neciency of the officers of the nary and OF
nehcency to express their beliet TO the which
created it. ..@'. -" ..@
The expression of an opinion on the Submission Of re
port by officer board Of officers when called for by
authority, on any proper subject surely not be called
iealproeeedng Of power and especially when
der of the President Of the United Sate How then this
board, having power except to advise and recon-
mend have exceeded their powers, when they did noa
ing else but advise and recommend | am at loss to
understand Bat had this board pursusd the course of
proceeding which distinguished eerators have indicated
they would then have greatly excded their authority and
would have deserved sharp rebukc from the Executive
and rom Congress for tue usupaon OF powcr5 not grant
ed TO them by The law. Where ask senator's We to
into general court-urta for the trial Of all tho officers
Of the nayyf Where tho authority witnesses,
to adminster oaths TO hear counsel Certainly these
powers not to be found in the act and the board had
Inherent right to or exercise them without law
for that purpose But then bas the President exceed
ed his powers in the execution f this law Let US sec
The power OF the President OF the United States dis
charge any officer in the naval military service of the
government without assigning any Whatever for
doing not questioned. lie could therefore, have drop
ped from the rolls OF the navy altogether all those who
have been retired without the additional power conferred
by Congress by tho act of February, 1856.
But cir, there were many officers in the service who,
though Inefficient from age and iuhrmity, aud unable
longer 10 discharge all their duty promptly aud efficiently
ashore afoat were nevertheless enttled from past
services to the gratitude aud protection of their country
To discharge such officers FROM the service altogether
would have been barbarous and cruel in the extreme and
ii 10 provide for them honorable retirement
liberanay, generous pay that the law passed cs
| mblisl a reserved list in the navy,
The power Of the President to dismiss altogether from
the service not doubted but he had power until
the enactment Of this law to drop from The active list Of
the navy and retire upon reserved list such officers aS
incapable of pcttorning efficiently all their duty
ashore and aoa-hoy receiving on such reserved lists
certain rates Of pay fixed by the act and rendered "ncli
gble TO further promotion" This really the only
power granted to the President which he did not possess
before " | y
BY the order of the Secretary Of the Navy, board Of
officers was convened TO report the and rank Of
officers who in the Judgment OF the board should be placed
on the reserved M dropped altogether from the rolls of
the navy" But the report and finding OF avail
whatever until they approved BY the President OF the
United States His approval necessary to give efficacy
10 tbcn This he might give withhold II withheld,
the report and finding Of tho board If they had
been made IL approved they adopted by The
Executive and carried into effect his act under
the law II such finding (says the lnw) shall be approved
by the President then such officers shall be dropped from
the ro placed in the order OF their rank and seniority
the time upon list in the Navy Register called re-
served list The Law authorized board Of officers TO
recommend and they did recommend, and nothing
and also rendered necessary tho approval OF the President
Of their finding before the law could 90 into effect and
this he did approve. How them bays the board and the
Executive exceeded their rowers7 .#.,.. .s
But has slso been said that The proper remedy for all
the aud oyilg which have been committed by the
board 70 be found In the repeal of the Law under which
that board convened IN this MI. President cannot
concur That law sir good bad has been executed and
repeal Of IL restore To professional existence
the active list OF the navy those who have been dropped
had suffered could restore him TO life after his sentence
had been carried into execution That law sir created
what had previous existence in nayy-a reserved
list and those who placed IL dropped entire
ly FROM the active list ciecuay those who had been
dropped FROM tho rolls OF the navy altogether IL Them
correct in this the only effect Of repeating the law
would bc drop altogether from the navy those who had
been placed upon this list These officers have been dis
charged from The active list and placed in The reserved list
and II you repeal the law creating this reserved list all
who are on il are struck down with s repeal and thus
altogether 10 be connected with the navy any
pacity whatever. #.
II cannot surely be said that CoNGREss can restore Of
hcefs who ha been dismissed from the service This ca
done only by the President and Senate Nor can those
officers who have been dropped from the active st and
placed tho reserved list restored by act of Congress
any than officers who had been stoee dropped
from the ros They stand in this respect the same
r. Al