The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-05-03

sA,l make Esnsr. @ ths Secretary q ths Navy
sas s their debraoa, according 70 The Lao ander Which
5 eoncarrenes Of majority % thoss entIiled
snine and the grade Hader consideration sba
board
80 deliberations proceedings d the board VII
Be ineomlste ln the approval ds4pprov Of the Pres
den all afsr4asion touching the ednhned
c1asey % The beard and tbs srscatye deatnsat u the
goserIGenL" ..
bAs characterized him in he discharge Of high but
delicate public duty which this was called for the opinion
Of The Attorney General the legal adviser Of the depart
a1d the Attorney General said In relation the
provso Of th- FIRST seeon of the statute which directed
hat officers upon said board shall examine into
port upon the ecsnsy OF officers Of grade Abose thr
think therefore that III. effect or the proviso is 10
require the board be udiyded the proces
o and 70 make three distinct subrpor which together
body viii st together deliberate and dsermns and by
proper aathenticat- their eenusicn a e
ssi1r rars~d mins6spaea a~r that, tire ~utsnant
viii have retire aad se eapsins and oosnanders Oil act
10 regard 70 I oeers Of the rnk q caanAndsr when the
commanders retire. and the captains viii Of
heers Of that rank All the examinations having thus been
made and the proper jsdgmeats reached in the
teplated by the law, the total of the opnions will be
certified the Secretary in zach form OF naturalization
Aa he in his regulations shall ii % prescribe
Bat more than this authorized say that the
Attorney General consulted by the President and Sec
reary the Interpretation he given The law and the
proper mode OF executing this sabct OF Ie reRlla
lions for the OF the board to be prescribed by
the Secretary and especially upon the point whether
according the and intent Of the ac the
ination be conducted court with arrsgnmen
of officers examination Of witnesses and report Of the
of their finding in each and As adxed that
scA his o}ioN s requirement contemplation
e s statute Bat the senator from ksnincky Mr. Carr
TxsDEs censures the Of the Secretary in strong
terms 1 read extract from his speech:
swe now understand the According my Of
Congress provided for board II prescribed rules Of
proceeding il directed record % be kept il directed
q ~kr ha sAar+Nf ,v linda
but did say thxs there should be Of these
things IL h silent in regard to them u max
scribe regulations Suppose the Secretary Of the Nary
hsd refused 70 prescribe regnl.t,o1. On whom from the
king regulations for the oonduet Of the bcArs On the board
Is no. thi. the plsin view the fair rera
OF the srsnsacon fhe Secretary the Navy make
regulations What OF reguaiionss Congress trusted to
his egalaton He said in substance TO
the board 1T TO sit pubcy IL 10 not nece
keep record it 10 not necessary 70 eIamine wit
Were these proper regulations. That the ques
tian. Although these eRttlec to tris 1t
be admitted that the proceedng in the nature OF
and the hopes whole oc.l corps Of the navy Of the
United States dsPended In tie band, q shss ages pre-
high low, in the OF The United States
Was i not mighty tribunal win vas. ano amos. =,
tny public responsibility in the exerce Of surh vas.
could be anticipated that they would proceed without
the any regulation BY Congress for their
proeeedug ooad i have ben supposed TIA, The
sseretarr have proposed Il be piea.edy wha-sroordng
70 cur nss1s o. q oar sns e 81
csed in the rs in which coarh Of justice e1ereas their
jurisdiction nosoaght to hsSe been prescrbedY msss
ce<ags snaioSoss to those Of coarts containing ,oe
.n.ogoss s-.uasees 2, sSihos,, !.
this None SUCH ho~ever, made but the contrary
srsn il seem. 10 me that officer mundrstocd the proper
spirit Of the country and the proper spirit o. cur
tons Though the who % be passed upon by the
What juseeg Though before the board there
jary, and no ndetment and no formal aseus.sian
which .ho.d have been Pssseeed By The reS..sn
which Congress eenierred on he sserssa o. NE NV G
ustics conformity with the ihstutcns q the
eountry, 10 prescribe rsgasiions How eeny " the m
tention Of Congre supPo~s that the regulations &C
Sir g.psIeaea should not make personal matter Of
having voted for or against law Here y the las IL
doe. prescribe rules bat does forbid rules d.
and eOntempists that rule. and regulations shan o
board What resulaous 20 sppropri.se Is rsese which
should Instruct them ,ssa ,s.a 0rses
whether they should proceed their own '.temen one
to another .seher they 'ss.d proeesa on We .
year % year was not .Pprsp, .os Y W
o. TINE, how ar eseh ~ ,nsr w h.s a. ~,
Of whole hfetimeo and nice offence
-hieh hs nav sar. s @es,,.s. ens,e
plated bat such -ere made Does not fhr rihA me
.s,ds, The pauiry 81 the board ~D intended
be len boupdeys and arbitrary defotm q that scrf
va. not The heart Of free eosHtry
You gave power and expected that power to ne
exercised with due regard 70 the unrern opinion and
feeling Of the pcp and IN eooser With the
of IL not that the fair prcsampuon ns~
ga. the jarsdfcton erercisedf Wifbost the forms vtn
ont the csremonies, whch sgnalse ard soiemnus
puhiic jnxsics-vithout OF fhces orms vhes issar
a.tioe 10 sny Ia any invs-figat'on W. hs rehs
\ the American Senate II IL ". rghf spP~A 70
them question the power OF
no dispsted of the presidential power here
broad question Of presented for decision ConErxs
len II 70 ths Secretsy of the Navy msks rcgulaton for
hs rorrrnmcnt board None have been made None
have mnd. In the spirit o nstice none have hrt
the spirit Of the Institutions o country OF c>a
ing th. least analogy =. them, bat In enact o"nraacnon 70
4 them"
The senator from Kenucky insists shat the Inquiry Of
the board intended le boundrss and arhi
srary = that the Secretary ought have limited the in
pessiq a,ior as 10 time; he officers whose e~ncy vss
examined ought have been noed that record OF me
reasons Of the board ought hare been kept, and a. 81
ih. proceedings open and record kept he should h.ve
beer entitled witnesses and counsel 10 ho desno or
necessity OF noiy him yoG closed n's
MONTH And because this has not been dene- ecspof
ism. has been saocsioaed By the Sccretar and he hs.
outraged the principles Of justice IN not giving proper IN
s,rrcons and inyruooas ArUe 5s>n gsrss " % 7sr
sf our sn...ssoss sear-g f< isaa anaigy 70 sr ~
II w srrof eosfraaictior 70 n>r.A
Ard what Il the result Of this conduct m the judgment
of the snatorf To. gdrrssunf,cs m the iaw although
III. aw be coussits,iors has bern vta'ed and ~ n-
e~Sssrv c-osry whole proceedings under IT are rod
Th~se charges sgsrsi the ocaa conanc' o.
the Secrrssrv and deserve conssd<rAon or wnaaever
vn;,r h~v acted under the and ,he regulations pre-
II sr~d hy he SECRETARY. the Secresrr bad The power
.,d Ia. adopted rcnisiiens inconsistent with Jnsf'es and
nropri~v or has fsfl~d perform his duty IA limiting