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

tiouR aud therefore the proceeding is stated What
length q tune then would be suniceny Are 70 test
the Legality OF the act by the consumed II is
tanly fair 10 that there but few Of the
that required much time for discussion consultation
read nom the report OF the comn'itteel
1u the examination which your committee have given
the proeeeds OF the board they lind that OF the two hun
dred and officers removed from the list
hundred and my removed By the s.annous
Of their u.s. where OF these hundred
and htty mdshpmsn, master, or lieutenant he was
commander he as removed BY a ten and where
captain, by Of i've. Of tbe remaining nifty one thirty
three removed by vote Of thirds the
remaining eighteen by vote Of two-thrds and
exceeding majority,
Your committee deem 1t proper say that they have
carefully examined the origin and provisions OF the
ting the reserved list and they ind that in the committee
grsss Of the Secretary Of the Navy as svn
sed IN his annual report and bis regulation well as in
At was reg arded honorable retirement provided by
grateful country in remembrance Of past public service
One hundred and fifty retired by unanimous vote and
nearly all the others by twothrds yoe Now to the de-
batable according the calculation of the senator
as TO the time empoyed there devoted than half
day 70 each case admit this would not be sufficient
tins they to be governed by the rules and practice
Of courts OF law and certainly would be greatly insufficient
in this body which has been edited and occupied for hours
days rs, and weeks upon 4 oe,y fec Of the cases
the cases as in court OF law would II be unreasonable
TO devote in prrerring and hearing the charges in the
examination OF witnesses and argument OF counsel fifteen
hours each case three day OF 1--WE hours each which
- the mode of calculation adopted by the senator and
then we have an aggregate Of six hundred and three work.
ing daysa period of nearly years--before the
could have been decided. apprehend OF the
would have required week than three days. And
VIII this be called the execution Of the law 10 good faith
effect the reform contemplated by Congress 81
BY the act Of Congress OF 1900 coursmarta and courts
ofinquiry authorized and their powers and duties
deEed BY that act the OF sunmonug witnesses
and the penalties for nonattendance prescribed The
legislative power necessary to give authority to these
courts to compel tho attendance Of witnesses The Sec
rotary however say senator's ought to have prescribed
such regulations the retired
hearing Then he must have adopted rules for summon
ing witnesses and prescribed penalties for
ance. The law silent Suppose he had is it not
papabe that such regulations would have been usurpa
ton OF judicial power subjecng him to the ami
and entirely in conavention Of the painest
principles Of republican liberty which separate the powers
of the different departments Of government The inquiry
might well then have been made, Upon what doth
this Secretary of the Navy feed2
repeat, the board had essential element in its
strucion analogous to courts of common law. TO
make careful examination, and report the Secretary
the names and rank OF all officers who "in the judgment Of
the board shall be incapable of performing promptly and
efficiently all their duty, both ashore and soat and when
ever the board shall beeo that sufficient blame for his
ncompeency attaches TO the officer they recommend
his name to be stricken from the rolls Suppose record
of the to be kept it certainly could per-
feet without spreading out all the Of every
Der OF the board for his Judgment WoGld not such
book present the specimen Of record that
was made up in any court2 No such record con-
tempiaed, ana It Is ncomprehensible to me why such
But Mr. President the object of the law is very evident
Inc navy needed reform According presidential usage
and precedents in history Congress was to aid
the President in this reform in summary manner Courts
MARTIAL courts OF inquiry and the ordinary exercise
scutiye power had tailed. summary board OF advice
from the navy was constituted the retire.
n'ent OF inefficient officers and 1t absurd to
insist that the Secretary of the Navy (who by the statute
nAs discretion by falling to prescribe the regulations
that usually attach to courts of has violated
The principles of justice the spirit of institutions
Whereby the proceedings had under the law void.
Inen what to be done2 The experience and research
Df the Committee Naval Affairs aided Inv he
OF the Navy, have presented the bill on your table as
remedy for any cases of injustice while retain
ana secure all the beneficial effects Of the law and
nnisrauou entirely concur in the spirit which seems
70 actuar the committee They suggest liberal
70 the retired officers while they seek to sustain the policy
which has promoted the efficiency Of the navy.
The blu proposes court Of inquiry in all where
any retired oers may request IL to be governed by the
laws and regulations governing Inquiry TO ascer
tain the efficiency those Complaining and that the court
shall report the facts and their opinion the President for
hs consideration and action II further provides tempo
ray suspension of the law limiting the number of officers
and that the dropped officers are 10 receive
one years pay transfer from the furough to the re-
served-pay list and II repeats the clause rendering
served oeers ineligible to promotion. Now here s rem
edy Tor error and The provision for officers is lib
era II this open Investigation into personal or proes
slona character is desired by any officer he win have
u ana lair opportunity under the law in since 800
authorizing courts OF inquiry and feel well assured that
tne President and Secretary of the Navy will only
cooperate but chcerully aid in doing ample and complete
justice any officer who has been inadvertently improp
orly or designedly retired without just cause
~ objected, however that this will be con,posed
OF navy officers and that those complaining will be sub
ecied to the envious interested influences thai
controlled the naval board To whom then will Won CON
hde this inquiry To court of civilians To a com
ittee OF either both branches Of Congress7 Has the
navy become so corrupt-have all the officers beco- .
degraded-hat an inquiry csuno be safely co. .ad =,
court OF naval officers to report upon 10 .Mcio.. s
naval ofccrsf cannot beevs it. Cor cd. n and can ven
more seriously deact from or cndemn the per,onna Of
court portion Of the mer .o4rs from a vii M.
Inc Dill furtber E.~s A..
- ~ enf.fc covps " tie aapy1 to be composed
ph 40 commanders ten lieutenans and seven
an sn from the active and reserved lists 10 which
,, assigned all duties pertaining to the Naval OBJ
aud All scientific duties connected with the naval
vice confess this feature the bill has not com.
mendod itseif so strongly to my Judgment am not so
well satisfied OF the propriey OF creating this new corps
although have great confidence in the COMMITTEES on
Naval Affairs oA
ioere IS however, one provision Of the bill for " hcb
cannot yo-l aludc to the sixth section creating the
grace OF admiral Is charged that this 10 inserted with
.he eAPecuon that the ofcs viii be conferred upon Com
a Sewhtt No one appreciates highly than
~, w 'uu'acisro OF that distinguished man. and honor
nun ior nus patriotic aud faithful services TO the country
ous SIR y bad precedent and one that do not ap1
p fofe-he Creation OF ofBce for particular man
AGAIN object TO the disposition frequently manifested 10
opw the example Of foreign governments in making and
Sonerring new titles am FOE holding on 70 our Aner-
tan policy in its native simplicity Some Of these consde
faons viii apply objections with the same force
70 ho MN section eiso, which gives the title OF flag on
Gers W captains in command Of squadrons
And now 10 conclude. Two or three caa~s of supposed
wrong and injustice land IL may be that such cases have
been clearly estabished been seized mon ana pro
nenuy discussed in the Senate with the erpeaon thai
o. The board and condemnation Of the Secre