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

iarous IS win be upon his future prospects he
be win not se bed obnoxious 70 ne charge q mmodss
'' The msmoras entered the service May, is4o and
cropped seEtsmsss 1855 be interim being afsen
;sr r S q we've ysaf: sishs months but
% q x: ys % aa %
s%psynena he psrsersa Ss rs. services on board
s ssp
rye q Cd Sas IL
until abe ABOUT % leave for home when in nay s15 ne
Africa ScoSsr as ssss months
John Adams which vessel BE ordered Ard e her pro
es s ss,s 10
his cru Vi II May "a month"; leave Of
dersd % the steamer Princeton which he served until de-
ched July lsi5 with leave OF one month he then recsy
nn he had passed his examination and received warrant
h 81 s sf
Iavsette he during The Mexican
@ s a ssp sns 81 hs At
Of Lower Gaiorri. under the command of the ate
Hers leave refer e the defence Of
sailors and marines assisted twenty California Volunteers
against three hundred 1excans He WAS oae
Passed aidsSipman Tenant MORALLY wound
tended for sny one aays and for nine ossy bssegsd
starved they were and weak from aching and IA
Commodore shubrick-
who vas President of the retiring board
Commodore shnbrick commanding then the Pacific .q,Ad
sa FeS Ssn ss writes q. oows inc
II words express Of the gallant conduct Of
As detailed IN their reports but feel am psrfely
ss q
conspicuous bravery and Of sounder than can De
sure by he Department and by every American and .i
cure all most enviabe place IN the est nation Of
reports Jar from overrang the acts Of those conce ned
heres 70 truth but shr,nss from exagseradng and neither
minsbes nor magnies its own deses" .., =, a..
late Charles ood comwandng a. he defence
Of san Jose 70 Commodore shubrck OF date February le
Ailer Passed Mdshpman McLansban there re-
George stevens whom for his GOODNESS ana indea
zeal at time when so much devolved upon him. am happy
The memorsiss home from this cruise May 1919
Which IN SovemSer s he was ordered % the schooner
IN her nn july 1850 when he was ordered 70 the rsae Ra
ran hen fitting for the Pacific which vessel he served
ampon Leu Commanding Peter Turner This vessel
SsI nv the and
under the command Of Lieutenant Commanding Boye
This vessel returned home in 1885 active and useful
&C s sD1s
the @ and Nth which The ship Ss
nearly thirteen years and with the Navy
Q. Than his
prospects we're based; 10 be summary dismissed in
and liable to every speculation and surmise calculated 70
damage his repusa ion and ory aud em6er me feelings OF
establish by the conrmator evidence of bis shpaaes
such redress by the Senate they in their wisdom and
GEORGE A. STEVENS late Master United States Navy.
Ny motion is that this memorial be referred to the
Committee on the Judiciary The reason why ask for
with the legal opinion of that committee, to whom such
a question appropriately belongs, upon the question
whether officers In the army and navy have any cons.
tutiona rights at a-whether those great safeguards
which the constitution in all civil has thrown
around the rights of and property appertain in
that the true rule viii be found to beand tninf The
Committee the Judiciary will report-that all the
safeguards which the wisdom of the trainers of the
ment for the protection and the preservation Of
the personal rights of the citizen pertain in all
they applicable and thst they appica bic every
where the emergencies of naval and military
do not demand different course. The complaint whic
off ofthis character makes should always, 1t
10 me. command listening from the Senate of tue
United States He states you that fifteen years be
has been With the navy doing his duty
ly and efficiently without reproach suspicion accu
sstion. he states that, while he has been fifteen years
and four months in sev:e he has actually been at
twelve years and eight months Sir it has been
with every Senator who has presented Memorials this
subject TO preface his remarks with the expression OF
great confidence in the purity, uprightness integrity
and candor Of this Board am not going TO do any such
thing for the best Of all In the FIRST place do
no. believe in 1t; and in the next place. il is not
according 70 my tas.e to make any such proressi
My education and observation have taught
that, when does act he intends the
reasonable and natural consequences Of the act and
II is not worth white to travel any further than that
apprehend. also 1t viii be found when the history Of
the Board gone into that the kind of service which Mr.
Stevens has been doing has not been that kind which has
the Naval Board. You perceive sir that poor Stevens
has been at he has been facing death the tempes-
tnous storms OF wintry passage around Cape Horn be
has met i. in the appalling form Of the pesen sl vapors
generated by tropical the coast of Africa; and
be has met it or the bstte6elds Of Mexico During ell
these trials and emergencies he has susta aed himself
became man and an officer. He has met The enemy,
and be has not been vanquished but while he has thus
been honorably serving his country every coast and
every sea and battlefield there has come be.
hind him. with assassins stao unseen and unheard
somebody that has dealt staggering blow, and he fnds
himself Frustrated and the hopes Of his life blasted
Who has done this Why, sir, the country which he
has served has done it. Without hearing, without
an accusation, without being allowed to confront
been furioughed but he has been cast of; he
has been dropped from the service; Ard yet he is
Of the navy viii show the fact-vasty service
cordng to the time he has been In the navy than
of the gentlemen who have dealt thus cruelty with
him. But, sir, as I have said, the services which Mr.
Stevens have been performing not the kind of
vices which, apprehend have commended themselves
most favorAbly to the Retiring Board You will per-
ceive that he has been constantly He has not
had duty to perform the lieutenant of qua irle,
the com ranaer Of masquerade the manager of
sembly the commodore of waltz. IL cruising
ground has not been the city Of Washing his skill
in naval tactics and engineering has not been displayed
about the purlieus of this Capitol Tbs, is the
he has been dropped Now, sir, desire 70 saw 10 tho
first place, that the law under which the Naval Board
acted is, according to my BELIEF utterly unconstitutional
Why Because 1t violates all the great principles
which have been incorporated into the constitu-
ton of the United States, and the constitutions
of the several states for the preservation Of pro-
perty and personal rights. I haze looked over
those consti utions somewhat carefully, and | lind
that the provision Is Substantially axe in them an 1t
is unconstitutional because it violates another great
principle which l. the right OF everybody who is put
trial to be tried by JUDGES impartial the lot Of ha
mainly will admit Tcat is the very language Of The
s'tutfon of my alive State, and il language which
believe ,mmends itself TO the heart and the Judgment
every lawyer Again, sir. how 10 IL eith jury? The
slightest interest disqualides Juror from sitting
The Secretary of the Navy in his report
seriously to 70 the Senatea very large
OF whom awyers-that this Law Is not obnoxiJu
the charge that the gentlemen composing the Naval
Beerd interested in is decision because officer
had right TO the condition Of officer above
him in rank. Let briefly from the report Of the
saar 4 AL *n, doav hat