The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-03-03
The New Naval Court OF Inquiry-Opinion OF
the Attorney General.

The New Naval Court OF Inquiry-Opinion OF
the Attorney General.
IL Secretary Of the Navy having submitted 10 the
AtsrDsy General several questions regarding the ooo
s<sctsa Of The oct Of Congress, approved the 10th
Jaauary, entitled "An act TO amend act entitled An
~ 70 promote the efficiency Of the Navy" the follow
hs . brief abstract Of his opinion thereon:-
IN regard 10 the fundamentally agency Of investiga
~ provided by his sct and the laws BY which the
nne y constituted and governed, the Attorney General
Of opinion that the phrase "Court Of Inquiry" carries
WIN The int ndment that such inquiry shall be
snuted and governed In accordance with exsung laws
nd regulations But when the act speaks Of the laws
nd regulations whoh govern courts Of inquiry,
uss be UNDERWOOD combining such inquiry 70 the
her Of the brief and Imperfect provisions Of the statute
Or the government Of the navy were 70 be %
s6ued here would be NO guide In matters Of grave
interest 70 which the statutes oil mt The term
~hws" In the act, must therefore, be construed y
ssnprehendipg the common Law military, - received
and practacd both In the army and navy; else would
hardly possible 70 execute tho act In The spirit OF the
remedial purposes manfesty contemplated By Congress
n IT. enactment
q this class Of questions not determined BY statute
shere h one which has DO met in lim1e and that IL
Wheeler the proposed court Of inquiry 10 proceed pub
ncy or secretly, 10 tt with open closed doon. Tne
Attorney General thinks that there bat possible
70 there questions, namely that he court 10 DO
governed by the aeaers PRINCIPLES o. military law, up
pig bx The anAoges Of Q cour n uiiai q hen those
applicable and recurring to adjasged cases. precedeas
ruled authenticated legal opeions and approved books
Of legal exposition where there Ia no pertinent para
mount statute ralo- Blu, the present case Of invess su
OF general for Of officers OF tue navy
Of 81 grades by the agency Of court Of Inquiry pc
cunAr one probably unique and without prsoedont
Q, least In tho United SALES. In determining tbs, tho
proposed court Of INJURY shall DO conducted WITH ord
publicity, The opncn sntes tina, tns Secretary Of
The Navy has exercised no; only lswf1 discretion, but
wisely and WELL aocoroins 70 hs perceptions
q Pablo policy, the rights Of individuals and the general
wan regard 10 the period of time which the o,nlon
plated inquiry may avfnLy comprehena, tbs Aunny
eeaerh ssys shs. cannot Dc eoasdsrcd saoee :, an!
Ned thai oour Of inquiry not subject 70 Limitation Of
ime and Ihe decides basnoe Of legal opinion points 70
the same conclusion IN tnis oouoiry fiines, Tor toe
naval service illness ys,oai mental professional
ana nora'' are the proposed obJecu Of inquiry xil
become evident the rehcction thai the law
net In justice either tue ori,crs service,
intended 10 oonrne the INQUIRY 10 the lin s OF brief
time say two or three yeArs for inssanoe Inqairy 10
70 nhlesd rather than 70 guile ihs President whose
d 70 be informed by 10, wouli be urj is 70
usIsciory 10 The country woua thus completely fail
70 accomplish the bcninsens Purposes contemplated By
win regard 70 the subject matter Of Investigation
there could be doubt ~ 70 me nature OF sch o.
NE inquiry q had reiereece 70 professional and
ntnsss but The also calls for iDvests ston OF al
and moral fitness, and In 30 doing seems 70 have
made The inquiry 90 extensive with mai pursued under
Me previous sct A 70 tn point shere nothing o In
novsnon or conirsdcton Of pre- exstiog Law either
or The acts Quaues Of The mind, things moral disu
1s% ss ana v,us .Sa
Ne opposes OF cacn, a. oowarsice, negligence nsaA
esncy aIssnsouon, d,.o'a,enss' are expressly men
the rules for the government OF the navg
win regard 70 the Of investigate IN, this .
matter wholly independent Of the question, who 10 ass
nvc,iss.esY Here me inisaofy aussaOa H. sho is 70
70 forward In Me Investigation This potst the Attorney
sss.rs hinss ssa.n:p and eoe so y: :asa ~
h the raw bot pos now. desires 70 return 70 H. es
por active service or for place In ths reserved list
IN TIE reserved ht desire, 10 be replaced active
v,os or furioueh 70 be pot leave Of so
N q hs S SssS " % so
new commission 10 be invesgsted. HIS written relasst
s ssnssos q Ss Pro se' sns e. ossc
sxAnss the party the form sosusauon. On the
sNy IL the case Of ntnsss affirmed By The party -
the ~ ound Of claim his part 70 be ressoredihas 10
BE- re nsminAAsd re- appointed and commissioned 70
specified ranK ov place In ,he navy In ell this " In
he so,or ,Ss he presents himsei 70 zoe court Of nq.
", that he Alr and assumes the responsibility OF g.
- .ss " s... ,: " s
tse service and the due sdm'nisTsuon on 'sw shai
Az 70 .hss coossI.ues proof o. ground q decision tho
Attorney General OF opinion that for The physical men
I'll moral and prof ss,onA fitness Of the sppcsnts, The
evidence must be the that resered 70 Ia the or
dnsry routine OF the business Of the department name
~ the record hhtory Of the party inspection OF his per-
sos evidence OF specific facts certified 10 sworn opinions
OF experts on lao whole case.
lnvts CATION into professional fitness To- ID true, usu
ally made W board Of examiners ssd not by oour, Of
inquiry Bt that quesoa Of the agent Of iavesugs.
tor, not OF ne matter or manner. And the members Of
- called court Of pquiry, thst authorised body OF
capable ana experienced naval officers, appointed
uos,s Of q.ssuon Of general Zines. for This N nisrv
branch OF We naval service jost board OF
fn' are OF the question OF special fitness for the dccs
II The surgical branch Of toe service. On the whole as
70 The bsue on professional ntncss OF general qualification
- ocers, the Attorney General OF opinion
ties cannot oecine the personal inquiry and
cf The court on iospccon By experts under h order
N those Gases where survey y usual In The navy.
m the INQUIRY should resolve itself Into q Question
NJ speoahc fncs evidence r~osass,oa.l mo