Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1858-03-26
The Clerk read as follows

The first is to let the vacancies occurring by Deaths
sgnaon dsmssals be filled by such of the reserved
and consent of the Senate may deem just and proper
restore instead of making promotions from the active list
which have been very considerable under the law and
we'll be temporarily suspended by the Executive until such
retoratons made may be audged just and for the
lions have been made to fill these and may venture to
will be made for others that until the Pres
dent has calmly considered the suggestions presented in
gard to of the officers reserved and dropped BY this
unless the far than anci
pated they may be corrected without disturbing the opera
ton of he law for the President renomnate them
the positions they would have attained had they not been
displaced
within reasonable tme make the restoration
prompt desirable This, of will depend upon the
number to be restored To meet this vew for your
consideration another pan which has been adopted in
not entirely analogous but much of the charac
ton. 1t authorize the temporary increase of the num-
Der OF officers to such point will enable the President
once to nominate to the Senate such as may be
and proper restore with proviso however that
commissions be hereafter granted until by Deaths
designations removals. the number of officers shall have
been reduced to the present number allowed by law
Now, sir, that the policy proposed by the chair
man of the Naval Committee and myself that we should
pass law giving power to the President and Secretary
the Navy to fill the vacancies that had by nomna
tons to the Senate from among chose persons who might
board Aud in order do ample justice We went still fur
thcr did not desire to COnne him the filling of
mec took different of the matter and although thew
us an opportunity OF introducing the substitute
moved the previous question: and would not allow us to
que it and declined to introduce it. And now this
resolution in In almost the language The whole
influence Of the officers of the Navy brought to bear
session i'll favor of the bill which passed Thev then
refused to accept the of relief which we thought
the best remedy but now dissatisfied with the action
of the courts of inquiry they here and for the
y measure we then proposed The question with me is
whether am to be driven by this refusing now
to do what thought ought to have been done then But
believing it to be proper then believe to be proper
believe that in the naval or military service
of the country ought to be deprived his position
cept by solemn trial by his peers have been much
with remark upon this subject made by great writer
himself we'll acquainted with the Navy and once an officer
in that branch of the service. " do not think said he
that military ought to be deprived of his commits
son except under very extreme circumstances unless by
solemn trial and judgment founded upon the finding of
court of his peers. His profession business of his life
and his conduct at all times subjected to severe and
searching ordeal and dismissal always implies disgrace"
may be said that courts composed of their peers
passed Judgment upon the of these officers bu Mr.
Speaker has always been understood under our
ment that the record of judgment of sitting under
authority vi law should be final unless has the an
proval OF the Commander Chief And ought to be So
sir No man ought to be subject to the judgment of court
composed OF his brother officers for they human and
subject to all the weaknesses and raties our
Interest," misguided judgment warped and biased feelings
may sometimes induce them to do wrong their ought
to be some higher tribunal to pass finally upon their udg-
nents. 80
Now, sir how it with this law? Whenever the court
found in favor Of an officer, there the law compelled hia