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

him to send us the of the men whom he has
who may have been injuriousiy or unusy Affected b.
the action of the Naval Board by President know
Of but one way in which that Justice BE- dome. It
be done by the Executive upon satisfactory proof
forded him that the officer who has placed either
upon the retired arough list who has been entirely
justly treated and upon the President being satisfied on
that point, we are informed and, man can doubt,
thus uDjusly treated will receive signal sasfscon by
restoration to the grade and to the appointments
The remedy lies in the Executive, and IL the
Executive alone. We cannot undo executed
Of any gentleman on thus eoor to devise mean:
by which Congress can entirely repeal the law which
passed At the last session and undo the executive action
to put back in the list Of officers Who comprise the active
list Of the Navy any of those whom he has thought
justly dropped can, either the constitutional ad-
vser Of the executive in secret session. take up the
as representatives Of the sovereign States in whose
halt We have seats upon this floor call upon the execu
ws
Justly treated But congressional legislation, IN my
as &
pirate viii be ineffective, and, II It has any effect ct ALL
Win do harm instead Of doing good Thus much have
What have sd must bear to Senators the appearance
Of very desutery remark had no idea that this debate
wss ssvna word on the subject but think s
with little time and little examination could tho
roughly satisfy the Senate and the country tnae
remedy for any injustice or wrong that may have been
committed. 80.
The presiding officer, lr. BELL, of Tennessee).The
only question before the Senate is the reference OF the
memorial esented by the Senator from New Hampshire
Mr. JoNE of Tennessee-I thought that had been per-
The PRnuDNG OFncrR-It was passed over temporarily.
This Incidental debate has been INDUCED BY the Chair
nf Oouf1p
Mr.. JONES, of Tennessee-My motive for asking the
question was to ascertain waehe, j. would o en- IN order
to submit to the Senate at an early day Of the session
You win remember, Mr.. President, that ! offered
Navy to furnish the Senate with the proceedings Of
the naval board, with their report and all papers con.
the Senator from Pennsylvania, r BrodheadO and Of
my colleagueno occupying the chair-I agreed that
that the chairman Of the Committee on Naval Affairs
Qdr Mallory not then presents and second because
report Of the Secretary Of the Navy had not Sesn re-
solution to lie the table where it has slept until the
present With all due Difference to the opinion Of
Gentlemen who have preceded in this debate think
that the ars step we ought in this matter to
pass the resolution which have submitted 1t seems to
the dsri and fear that we ars ourselves falling into the
which disposed to condemn In the naval
board Censures have been upon the action of that
board The chief objection have to its action is that
we know nothing about the motives or reasons tnat
prompted the board in their action me rssSiuon
Information which would enable the Senate 70 form
correct judgment upon the subject matter.
Mr.. SEwARD-Will the honorable Senator allow MS re-
| solution to be read for information?
Mr.. JONES, (of Tenn. )-Certainly
The SECRETARY read it as follows
Resolved That Secretary Of the Navy be directed
nis The with copy Sf The pOc q The board OF
re S dsy 81 Febr%ssy 1885, ac % the
q s %
dismissed from the public service or placed on the reserved
Mr. HAI-At the suggestion Of the honorable Senator
from Tennessee who has yielded me the floor or the
purpose, wish to that the memorial which pre-
sented lie the table for the present. shall make that
motion before sit down, for the reason that at the sug
gestion Of several gentlemen find that J. is desirable to
un-ately made Of H.; but before make that motion,
wish to Answer single question Of the Senator from
Louisiana (Mr. Benjaen) That senator 'hlnss nISs
basis Of my remarks in surprising thai naval officers
had vested right in their conanissoa. r., so~ .h sr
have right to possess and enjoy, under their oonm
Eons everything which they had by law when taer COM
missions were given to them Their commissions we're
the United States the finding OF courtmarti think
those the only two of removal provided for.
mere arbitrary exercise Of the Presidents power
end that officer Of the navy had exactly vested
has to the term for which he is elected or which the
Judges of the Supreme Court have for the terms for
which they are appointed and that you cannot egsste
them out of Office You may pass act disbanding the
the Supreme Court OF the United States; but you
acts that have long since been dome and make rule OF
evidence applying to item which did apply when the
acts done because it would be post taeo law
you cannot serve the judges Of the Supreme Court
so,y you cannot serve officers of the navy
The NIT Of s y the
until this act passed. the power OF putting
the retired t and for ten he did not possess even
digestion IT, not that these gentlemen had Vested rights
but that their rights such they were have been taken
and establishes rules ofeyidence They had vested
right In their reRutation they had vested right in
service they had right in the esteem Of ali good
mem they had vested right In the consequences which
follow honorable and devotion to their profess
sion and no power short Of tyrannica one. would d.
vest them Of except by the operation Of the laws the
and and that phrase means laws which operate pros
never suppessdI am not such cold fogy' that
that these gentlemen had vested right their Offices in
had rights Ny complaint Of this Ia. is that
it treats them as if they had rights at ali.
(Mr Brcadhead,) never impeached the motives
Of this Board; only stated facts. / say the law
Mould pot permit such men to sit in civil cases. be-
eve f4ere is as much human nature in naval officer as
in anybody else. The law will permit Judge or ju-
lyman 10 sit in case in which he is Interested If an
action at law had been brought against Mr. Stevens to re-
cover possession of the house In which he lived jury
man could have sat upon that tribunal and verdict
diet would be TO give the house to the juryman The
world would have cried out against such Transaction
tnen, tnAS no ulcunal mas right to sit
him issue to take that from him which ia worth
infinitely more to him than his house-his re eutatop
has honorable fame and his well earned AMI merorious
position when the members Of that tribunal are inte
rested IN dispscing him, any than jurymen have
right to sit on an issue TO find that the he lived
10 was not his, the house to 60 to tne urymen
the holder custed. now make the motion that the
| memorial lie on the table
ordered 10 be laid on the table.
On motion Of Mr. JosEs, Of Tenn. the Senate than pro
eeeded to the consideration Of the resolution submitted
by him the 10th Of December last calling for copy
Of the proceedings Of the Naval Board and of any
charges filed against the officers retired dismissed
Mr.. JONES, OF Tennessee. You will remember yerv we'll
Mr. President the circumstances under which this reso
inon was offered and the motives and reasons which
innneneed me in permitting it to lie the table 70
long period Of me Az those reasons no longer exist
have asked the Senate to take it at the present time
IL occurs to my mind that have commenced al the
wrong end five ntend expect attain resuts that