The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-05-05

,naa,rs ,,. eube al w,niny,os 20 i4y VII - IN. coa
80 Of c,s,,n kearney, Nr.toa aai s,5r.r nbo ar.
nrono,,, hy ,.,o OF The late Retiring Bonri ms D,e.
itc son,n ho ~ Justice, but propose % Prove t,f
this cannot he award. under ne dreo o, e Attorney
thai mon me- ,,ouesr any naval ol.er who had bees
dropped furioughed REL teu uHitr te te % February
physical mental nrofess,,pa and moral fitness for IN,
service to be Investigated by Court Of inquiry, W be
governed by The existing Ia. "it 'es aaa,'' aa
court all be submitted the resident Tor ~
proval and nomination to the senae o. res'oraton I,'
question OF the constitution OF TINS I'm " " inquiry, ato
u form OF procedure, u viii De seen NJ 800 aue no.s
important, all previous proceeding - th's matter are
WHOLLY without precedent and IN garns conf me u,
last January no, TO be the meres slam 1t 20 bayS
any RATIONAL ~rpoc nj ALL Is nconestbly that Of vems
aymg the eya Consequence Of the amended act, 80 "a
leass rs the thing feasible under the present C'rcuDs-
stances and Of redress,g the injury anil wrong which the
svows to have bera inse,ea ' re- view Z.
torcoly sustained by the consideration that the
'aws snd re<ulsN ons' referred 10 in the a1nead.
ment, prescribe precisely suea forms OF accusa-
lion, and guarantee ~ca rights os defence
Oaccrs,' and violated in srm,nary proceedings They
densand pos eyhaeace the ground work OF ,dciJ
action Adms,ng this, 1t follows rs e naturs md ioecsI
consequence saat every eparate brought the
cogs7,snce OF tn Court OF Inquiry, the invest wiz
have % take pIsee on the issue which origin To tn
case tina, is TO s;sy the dy devotVes pon the Dims
OF stating the specific f,sts which guided the
'oard" in their Judgment, and led 20 the condemn a
naval service, and II is but fair 10 stp specifically,
Mat they called upon negative disprove the np.
taon IN what their ulhness consists. Thu department. t
Is evmeat, must as'"ne the initiative The onns OF pre-
drcing proof and argument for the opening proceed
ngs rests the administration. Hut O.recOrds we~o
kept no evidence sdduCed the DISMISSAL the.
two hundred officers, and thu Secretary Of the
Navy, finding himself IN predcameut, caa-i Attornv
Geneval Cushing To his aid, who then concoeed lbs bag
winded and usourniuly dnuse Interpretation OF the
amendment Of last January the chief Of which
turn the tables o" The yictnzed ocers aad Impose
them the difficulties aud responsibilities OF the initiative
Mr.. Gushing tells that the request Of any 10
be regarded the foundation OF the procedure, the
OF unfncss charged by The administration, AMI
proven against the party in the form OF saon that
is the contrary the Of fitness affirmed by party
the ground OF claim his part be restored reap
pointed But the act OF January confirmed the judgment a
the Board cers re appointment would be altogether out
OF the question II, however does not c0ufrm since
orders inquiry, and determines explicitly the man
OF procedure which clearly not the sdv0cateS
and proposed by the Attorney General the Oil laws and
regulations require statement OF the ground OF
ton. He, {the oticer) says Mr.. Cushing. must bsys
by producing evidence OF some sort to the point OF hi
alleged fitness and thus he will open the inquiry only
OF character H. personal fart, but aro fact
mntontha, is, reputation. Ia the evidcnce which hs
offers there cannot fail 10 he of this nature. Tbs
the reversed order OF things, quite novel indeed IN.
doctrine II submitted TO- would place tho parties subject -
the jurisdiction d the Court OF Inquiry at an enormoI>
disadvantage. Their position would no longer be-
one .of defence they would be exposed 10 all the
risks and hazards OF possible sefcrmimtoa, aud
tbi. clearly the object which Mr. Cushing's petverss
reasoning had in view In reference to the procuring
proof and evidence for ncrimnation the authority
holds tina, the antcccdents the ocers private ana
hc life, and the records OF his ociai career may bs
searched and ransackcd without limitation Of time pre-
ptoa yet the articles OF OF army declare
shall be liable to be tried and punished
general Court Martial any offence which shall apps
have been committed more than two ears bei6re III.
issuing Of the order Tor such trial, unless the person bY
reason OF having absencd himself shall not have bee.
apol to Courts Of Inquiry well As 10 Courts Marital,
and for the same reasons would, for ins Ance, in mo<
be mpaccahle 20 reliable te unOny atN
the lapse of years besides Courts OF Inquiry form part
sbc sy'tem Of military jurisdiction by courts martial In
reference 10 The ton Of what constitutes evidence a, to-
naval fitness in general Mr.. Cfhing * not over scrupa
ous opinions mpress1as the purpose, ba
thinks, Unsupported ~ the statement OF spesdr
Facts " We further tl,apt proof or specific facts
imputed immortality Also proof negaving the iinpntA
nature, and rct testimony VI opinion AMI
reputation bot the question oi habs qualities OF mini,
intellect mental traits and characerists Is rcfcrsbs
appropriate rules OF evienCr. What else des<
the MiorneS General mean here, than that even chtrg-
Of immortality could not be proven by specific acts tho
Court might still lind to reject the candidate for
to.atiou because ms peculiar moral intellectual
qualities might please them This giving wide .cor-,
indeed, To the whns OF judicial conscience
We shall not foll.w Mr.. Gushing any further int, tbs
abyrins Of his special pcadns,, perverson aud tergi
versations. The law january 10TH as stands b.a
enough but his Interpretation 4 libel it, character
Even " IT. staTt honestly espounded and hn1 fL
carried out there would still be crying injustice IN IN.
exaction that Who have passed their academcai
amDaion ~ one Who bsvr mounted the steep l,i~
OF psomou step by STEP vi no have devoted their ves
the service Of their country brtyed the dangers u every
and cline and the lrr batteries should
humiaic tbcneve To the scrutiny the brow beating sai
who deeply and permanently IN dcfss
and all this because of the assumption,
timed by evidence, Of their professional unntness.
SmartOK under the CALLING sting imputed professional
inability, mental mbecity moral delnqurncy-thsy
know wheh-tbey summoned 81. prove an on.
ov all OF these general and underlined charges To
scnily and patiently to their ntc and whatever
be iB defending their characters all IN
pcnd I'm al the impression, the opinion OF u
rivals. The parallel which has been drawn between this
Court and the Board Of Examination the Naval Academy
wholly n,dmiss bie since the examiners perfect
~ dis,nteresed in the issue. The young man I, Gu
trance ni0 the navy cannot In any way influence
the chances OF their promotion A cour, marital,
m seisfaie and single trial, may also he presumed IN.
partial the fate sc the party not odi-
naty srct the position oi bis Judge liu the
scntaly different when the on - OF wholesale
III mt,-s ot expulsion FROM the service AgMn,
moral, mental and professional inability really
owls ~ genera " prevailing ~ the navy relGlrs
such desperate cNp"dcn that inaugu rated by the
BOARD and sanctioned by tho Executive, what g1aras
tee has The country then that The members of the courts
shine W p't-ne purity of notai--vbai proofs there
iat they immaculate cgideuce- II their int-t
cctia and moral superiority and professional eNceencs
The whole transaction was originally intended
ginc o rotation IN ofce scheme 81 parties interested
nnd ont o tooyress; but iet this policy %
tairiy he Introduced into military establishment AMI
intrigue and dsnuncation will be the order the
shall have last of an honorable ani 60
pcricnced corps 81 officers. If Mr. Cl-hngs nterpsets
uons are 10 prevail tB te constitution &C the Court Ia
curry, AMI the rule ~ their procedure the whole
yestgailou will be nothing else than pnde uonsl
cannot believe that secretary 1Oucey will endorse
his prc3pce-sor that Judge llacA
viii elo~ Mr. Cushing his caort- tn ''crusb out lac
aud equity fron, the code OF naval regulations.
Theatrical aud Musieai.
BEoABwAy 1Ws1ny.--Ihe spectacular drama en-.
titled 1.-The son Of the Ngh, to he repeated this
49,