National Republican., 1882-03-29
A NAVAL ENGAGEMENT.
Assistant Constructors UP i'm Arms Against
am appointment.

To the Editor of THE REPUBLICAN,;
The extraordinary and persistent efforts of the
host OF line officers of the navy, many of them at
present nominaly on duty in Washington, to bring
about the continuation Of Master Samuel Seabury,
one of their number, rs naval constructor merit
only reprobation. The object these officers aim to
attain is in direct violation of law, regulation,
precedent, and decency, and they expect the SEN
ate will readily comply with their demands, In
this however, 1t is to be hoped they are mistaken
The Senate makes law, ncger violates IT,
THE LAW GOVERNING APPoIHTMESTs,
promotions and rank in the stai corps of the navy
Is in the Revised Statutes. With respect to naval
constructors and assistant naval constructors the
statutes provide Ms follows
SEC. liO2. The President by and with the advice
and consent of the senate, may appoint naval con-
structors who shall have rank and pay as officers OF
Size Ir77 OF the naval constructors two shall have
the relative rank OF captain, three of commanders,
tenant, assistant naval constructors shall have the
relative rank oil lieutenant or master.
Section 1856 provides for the pay of naval con-
struCors and assistant naval constructors. as we'll
for the other officers of the navy. and by section
1908 of the Revised Statutes also by paragraph 10,
section |, chapter 9, Navy Regulations authorized
under section l5i7 Of the Revised Statutes, is
pointed out who, among others, may be appointed
assistant naval constructors, the lowest grade
in the construction corps, also the necessary quail
fcations for the office.
SEC. li03 Cadet engineers who graduated
with credit IN The scientific and mechanical class of
of the academic board, be Immediately appointed as
sistdnt naval constructors.
Paragraph 10, section l, chapter Q, Navy Regula-
tions, provides that
A candidate for the oflce of assistant naval CON
strncor must be not less than wegty-four nor more
& g ax ne G IS "S1n @ Sy pSf';0n gS Gd ne hGs I
eerGeac S qJ he psrSous ] ,oIoS @ Jsness J ,Sas %
learned, and utR be required 70 pass such examination
as The Nary Department may direct,
IT is FURTHER PROVIDED
Inv rnpraDh 3. section l. phaDtcr o. gnma raUtt.
lations, that
No person will be appointed an officer in the navy
until he shall have passed physical and professional
examination.
Master seabury did not gradute ain the sci
entiic and mechanical class of the Naval Academy"
In the Navy Register for 1871 his name appears
among the Cddst midshipmen to graduate that year,
and not among the cadet engineers and his rank
us to merit Is given as number 40 In class ofilily
one. lie would therefore be ineligible even for the
position OlusSStdA nnNal constructor under section
1903 Neither has he the necessary qualifications re-
quired By the navy regulations for the same office,
nor has he passed professional examination. Yet
though ineligible for the position oidssisaRt naval
constructor, It Is proposed to Jump this tyro in
handling tools or directing large gangs of skilled
workmen, over the heads ofthe six assistant naval
constructors, depriying them Of the promotion 10
which they are entitled under the following pro-
visions of law: Section 1853, Revised Statutes
provides that
The next officer In rank shall be promoted to the
rules Qf ne s,lpics, and he same rule Of promotion
shat be applied successfully to the vacancies conse-
quent upon the retirement Of an officer
And section 1850 further provides that
The GRADES established in the SIX preceding sections
pointment frOn the highest members In each CORPS
according TO seniority ana new commissions shall
titles and grades esablished sad sections shall be
| inserted aud no existing commission shall be va,
issue OF the new commissions required by the PRO.
visions OF this sectlOu and no officer shall be reduced
In rank or lose seniority In his own corps by any
change which may be required under the provisions
| Of the said SIX preceding sections: Provided, That
| the issuing of new appointment and commission "a
amy OhCer OF the pay corps under the provisions o
bond but the same shall remain in force and apply Il
| such new appointment and commission.
Section li77 is one of the six preceding sec
tons above referred TO, and II Is beyond question
that section lSO hNc lie status of assistant nava
| in the matter of p, ., ION as clearly and def
nitely as that of ,s,nt engineers TO chief engi
| neers under section ll76.
The above comprises the law and navy regula-
| tions governing this subject The Admiral Of the
! addressed TO Hon Warner Miller, of the Senate
clnims that there Is authority OF law for tho
transfer of Master Soabury from the life of thC
navy TO the construction corps, and that such
tlausfer will work mo injustice" This in the
face of express statute and regulations-regula.
tuns, too when lhe Admiral mad much to do In
Besides, there is no pdedncy in the corps of con.
slTuCtOfh; the vacancy caused by the retirement
OF Naval Constructor Easby has been filed and
the corps already embrace, mot counting the as
slstanls) no less Than eteltH members while durin(
the late war there were but hiI,e and no assist
fhe rights of the assistant naval constructor
under the law should be preserved; this in the in
tercsl of JUSTICE.
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