The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-06-14
NEW YORK HERALD, SUNDAY, JUNE IA, 1857.

Results OF the Four Months Labor. or the
Naval Courts or lnqwiry-HIore Biunders.
The Naval Courts of Inquiry, appointed under
the law of January l6, 1857, have been engaged
about sixteen weeks in investigating the claims
to reinstatement of the officers dropped or retired
by the late Naval Board. Judgment has been
rendered and the record transmitted to the Navy
Department in the caees of only twenty three ap-
plicants, in rank rs follows:-Six captains. two
commanders. eleven leutenants two masters and
two passed midshipmen. No stronger common
tary can be offered on the conduct of the Naval
Retiring Board than the bare statement of the
time employed in the investigation of these few
cases. Whilst In four months, the new courts
have only been able to examine into the
qualifications Of twenty-three officers, the Naya,
Retiring Board in about fortnight investigated
the merits OF over six hundred, galoppicg thro Ugh
the entire pavy list with almost as little delibera-
ton as they would through ships roll call 1t
was no wonder that under such circumstances
their decisions should be tainted with suspicion,
and that the general voice of the country should
call for their revision. They have confirmed the
unfayorable opinions which their precipi-
tatiOn created by their subsequent con-
a" 'AnuA THAR pr0c sedpgs
to the unbiased Judgment Of the new
boards, they are playing the part of public pro-
secutors, and even Offering their testimony r sup
port of their own decisions This is hardly de-
cent, and we question whether it is consistent
with the rules Of law. We lately had occasion
to point out the laxity Of principle in regard to
the reception of evidence which prevails ia these
new courts. The fact we have Just stated is an
additional proof Of the correctness of the conclu-
sion which is rapidly gaining ground naval
aud military men are not fitted to exercise judi
cial functions and that it would conduce more
to the interests Of Justice if courts martial and
courts of inquiry, as at present constituted were
abolished altogether, ard properly qualified tr-
bunals substituted in their place.
1t seems to be the fate of all these efforts to
weed the navy Of its useless members that they
should be accompanied by such az amount Of
bungling and justification as always to
enlist the sympathies Of the public on
the side OF the persons whose quail
fcations are impugned. Whatever may
be the character Of the decisions of these new
tribunals-however Just and well fouoded they
may prove-they will be subjected to suspicion,
from the fact that they have admitted e!idence
opposed to the rules of civil aud military law.
and inflicted punishment twice for the same
offence. This is to be deplored but it Is tie in
eyitable consequence Of q departure from the
principles which shoald guide the proceedings of
judicial bodies: and the members of the new
courts, as well as the Naval Retiring Board,
must bear the odium Of their own carelessness.
1t is nonsense to tell US that they are bonnd to
follow the instructions of the government autto-
rites. The obligation only holds good so fer as
these instructions are consistent with the rules Of
law. Mr.. Cushing's or Mr.. Dobbns opinions are
not to be regarded as infallible on points already
decided by higher authorities and sanctioned by
numerous civil and military precedents. The
Department, since its new organization, has had
time to revise these Instructions and il Is culpa-
bic for not having already done so, seeug the
mischief likely to result from them. But it we
are correctly informed ii has added to this sin of
omission another mistake, which cannot fail to
swell the complaints to which the frs. has given
rise. II has determined we understand, to With
hold the decisions already rendered, or to be here
after rendered, until the meeting Of Congress;
thereby protracting for six months logger The
twenty months Of suffering and forced id,eness
inflicted on the retired and dropped ofioers by
the action Of the Naval Board. We trust that
tie goysramel. viii take q more Just view Of the
intentions Of Congress in the law Of January last
than this resolHtion would indicate. Instead Of
initiating the arbitrary presidents Of the Ecglish
aud French naval systems they should give to
this act toe widest and most liberal construction
possible Enough Injustice hos been done 20 the
retired officers to justify more generous and hui
maue Interpretation Of its provisions. Putting
the case strictly. however, we maintain that the
govcrnmt1. has no tight to subject these parties
to the los Ct six raotth. futtter tine n addition
to tn sacrifices witch have already been imposed
upon taen.
Frou What sc have stated, there Is bat too
much reason n fear that tie Decisions Of these
tribunals viii rot give much larger amount of
satisfaction 70 the public and to the profession
than Ola ttos1 q steir predecessors. They cam
not repair TO- mischief tbst has been already
done % the feuds that have been created in the
service ~ the III cor.iecred corrupt and partial
action q the Naval Retiring Beard. The only
real WY we pelleTc, 70 reform the navy aud to
give to it the efficiency that is desired IL to make
a@Jt,o Of tie vtole Of the exciting organiza-
tcn, ard to &c eustruct IL anew.
Or. DRANrRETH ANo NJ. CgrrcKErT TOYING
II m