The daily union., 1856-01-11
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who had lived since the days Of Newton he had been
disrated Another lieutenant In the navy who had been
ia important service on the Pacific coast the department.
of nautical astronomy had been dismissed He could not
bat think that this resulted from msnterpret4ton OF
the law.
Mr. HALE presented . neaorsI of . similar character
from George A. Stevens late master In the navy, ana
moved its reference To- the Commttee ON the Juaeify
He wanted the Senate TO be favored with the legal opinion
OF that committee the consttuonally Of Tue a" ne
wanted know whether the safeguards when the constr
tuition throws around The personal rights OF other men P
perained naval officers not Here Was an oncer VINO
had been In the service years twelve years and eight
months of which actually spent sea VINO had laced
death in the empestuoas storms OF winters passage
around Cape Horn who had Drayed II 10 the form o pes
ena yapors generated by tropical sun on The coasi OF
Africa and also the Daitle-helds OF Mexico and who
during All these trials and emergencies has always con
Quoted himself became and officer; and YET
while thus in the honorable service Of his country he s
cut down behind his back by assassns stab unseen
and unheard be dismissed from the service without
complaint charge against him OF which he has been
inforaed Mr. II. went 10 say that the law was an "a
posi- law, and therefore unconstitutional also con-
deinned men for having "bunted moral perceptions "a
crime not laid down any code before lie concluded by
giving notice that he would early day. ask leave
20 introduce bill 70 repeal the act 70 promote the en-
Mr. BRODHEAD desired that Ia the remarks which he
submitted he might not be understood as crclsing the
board or casting any imputations upon them. u my
wrong had been committed he believed the responsibility
rested on Congress- and the board Under the law
became the duty Of the board to act 70 the best OF Their
abiliy and although they Would No doubt nave gladly
duty in obedience TO the law The Secretary had approved
their action the President had approved y and II should
be carefully examined before it was overruled.
Mr. BENJAMIN thought there was great justice and
proprey Ia the remark of the honorable senator from
Pensy ygan that if wroag had been done was charge
able upon Congress and upon the board. lie voted
FOR the law organizing that board aAd under similar cir
cumstances should do again and be therefore desired
TO say few words the subject When the oisi Was uh-
der discussion the honorable senator from Delaware
BAYARp made speech against the provision that these
naval officers should be retired dropped from the service
without hearing and without any noice o ne charges
that light be brought against them but notwithstanding
the protest Of senator the bill passed with almost un
paraeed unanimty. 1t great error on the part OF
he from New Hampshire to suppose that an oncer
in tie army navy had any vested Ae terest ms ONCE
Those ocers do hold their offices during gDpa penavio
or for life BIT in the service OF their country under an
implied that they shall remain 10 .naa service as.
long they can Efficiently perform thelr duties ana 20
longer Now il ia an un, auiabe fact that many OF the
officers in the naval service wea Fom various reasons n
competent to perform their public dLo suo WIN, m ~
ecutive had the power to remove them when he
expedient but he had shown great deal OF clemcncy
and had exercised this power very sparng some action
necessary for the promotion OF the efficiency OF the
naval service II the duty OF Congress- then to do
the best that they could under the circumstances II
important that in the of with any foreign
country the navy of the United States should be in such
condition that the honor OF the country should not be tar
nished II great public duty and Congress had per
formed 1t to the best Of its ability. He thought the Sec
rotary of the Navy admirable public officer, but
that he had made mistake in recommending TO the Pres
ident adopt the action Of the board toto he should
have withheld those in which he thought injustice
done until careful examination should have
confirmed the finding Of the board In that respect the
Secretary had acted njudicousy but it was error of
With regard to the action of the board he remarked that
they compelled TO act in accordance with the letter of
the law. II any officer was incapable of performing his
whole duties ashore aoat the board obliged TO
port his The OF Commodore Stewart had been
referred to- and was understood that consequence OF
his advanced age he had heretofore reported himself inca
.fs Thu pf Itnutn husl
also been mentioned and he informed that that officer
had likewise reported himself in consequence of physical in
trinity incapable OF service that the board could
mot do otherwise than report their names
Mr.. SEWARD stated that, with regard TO Lieutenant
Many this entire Misrepresentation he had
reported himself unfit for duty either ashore aoat
Mr.. MASON added that Liert. NJ had been an applicant
at several times, for active service.
Mr. BELL OF Tennessee said that when Lieut. Maury re-
ceived the injury by acurng his leg several years ago
he for time unit for duty but two years afterwards
he held himself abundanlly able aad efficient perform
duties which ght be assigned him. either ashore
aoat fe also made direct and earnest application
be assigned service during the Mexican war and
he considers himself able TO perform efficiently any du
ties which may be assigned him by the government
Mr. BENJAMIN resumed his remarks arguing that when
wrong bad been done the remedy lay with the Execu
tive alone, who had the appointing power and could
store these naval officers their positions il he thought
it expedent; bat Congress could not undo executed
law and repeal OF that law would the officers
20 their former places,
AT the request Of Mr. JONES, Of Tennessee Mr. HALE
Withdrew his motion OF reference and the memorial was
allowed 10 lie on the table for the present
Mr. JONES' of Tennessee, then moved that the Senate
proceed the consideration Of the following resolution
which he submitted at an early day Of the session
Re,og That the Secretary Of the Navy be directed to
furnish the Senate with copy OF the proceedings OF the
board OF navy officers appointed under Of Congress-
passed the 18th day OF February 1865, entitled An
promote efficiency - emb acnR
been preferred against the navy
who have been dismissed om the public service placed
the reserved list.
Mr. remarked that the resolution had been suffered TO
lie the table for two reasons being the absence OF
the chairman Of the Committee Naval Affairs Mr.
MALLORY and the other being the non-recepton at that
time Of the annual report OF the Secretary OF the Navy
Neither Of these reasons would operate and the
subject had been brought before the attention OF the SEN
bic thought the first step they ought to take call
for the proceedings Of the naval board know upon
what evidence that board acted. The Senate
acting very much In the dark upon this question: and he
feared that they might fall into the very which they
disposed 10 condemn. lie wanted to know the mo-
tives which prompted the board in their action.
The motion being agreed to, the resolution taken
up for consideration. \
Mr. HALE stated that the senator from Louisiana Mr.
BEkns had Misunderstood him in relation to the vested
right Of an officer TO his commission lie did not make
that assertion, but he only said that they had right to
The positions which they enjoyed under thecommssons
which they held by law, subject TO be removed by the
President Of the United States the finding Of court
martial With these exceptions he conended that an
his commission that any nator upon the floor had TO his
here that judge Of the Supreme Court had to bis
Office Congress could not legislae them out of Office t
could pass law. disbandng the navy aboishing the
Supreme Court but could not pass law to try any ndi
yduas for acts which had long since been done becanse