National Republican., 1885-08-10
BOrTWELL'S LOGIC.
THE EX-GOVERNOR EXHAUSTS THE
SUBJECT.
The Iniquity of the Methods Used
in Advance of the Court-Mar-
tial Exposed-Scathing Criti-
cisms of Certain officials.

Mr.. PRESIDENT AND GENTLEMEN OF
THE Court five may not agree alto
gether as to the questions pending before
this tribunal, which are now the subject
Of inquiry, we may, | think, agree in
congratulatipg ourselves that the inquiry
itself is about to end. 1t has been
tedious, and think | may say that
in some or It's respects it is not only
misfortune 10 the accused, but 1t is as
we'll a misfortune to the government itself
It has been tedious in the twenty days
of torrid hea without the relief Of ocean
breezes. 1t has been unfortunate,
venture TO say, in the circumstance that
if the Secretary of the Navy had known
before these charges and specifications
were framed all that is now disclosed
upou this record, he would have alb
stained altogether from the proceedings
in which we are now engaged. ] come
to that conclusion not from much per.
sonal acquaintance with the Secretary of
the Navy, but from pretty intimate &c.
duaintance with his father; and if the
sense of Justice which animated him has
not departed from the family, | am sure
that upon such knowledge as you now
possess this arraignment would not have
been made. 1t is unfortunate to the pub.
lie in another particular: That Mr..
LOCKER, who sat here as n witness, and
from whose proceedings in his Office as
pay director-which, IT do not forget
the circumstance as 60 on, | shall at
tempt to make you realize what believe
to be the truth-in that act which lies at
the foundation of all these proceedings,
he violated his duty and assumed an au
thority which does not reside in any Off
Ger of the pay department nor in
any officer of the government with
reference to claims against the
Navy Department, excepting the Secre.
tary of the Navy himself. Mr.. LOCKER
was o member of the court of inquiry
when he himself was the originator Of
the occasion for the court of inquiry;
and while we cannot 20 into those pro.
ceedings here, think it is misfortune,
and public misfortune, that, when the
statute declares most specifically that
the proceedings Of court of inquiry
shall not be laid before q court-martial,
except in certain conditions Of things,
none of which conditions exist in this
case, the proceedings of that court of in.
quiry have been published to the world.
And although here in his presence those
proceedings can have no voice or effect,
yet there are fifty millions Of people not
interested in this accused personally, but
interested in the due administration Of
the law, and that no man shall suffer in
the place in which he stands, except in
strict conformity TO the law. Therefore,
in the presence of this record, in the
presence Of these proceedings.extraordi.
nary, calculated 10 create public senti.
ment not resting upon the sworn testi.
mony in the presence of the court, and
under the scrutiny of cross eXamina-
ton, public sentiment has been created
which not even the verdict that | expect
from this court will extinguish in the
breast Of every person who has read the
record OF the court of inquiry. 1t is
enough TO say that the burden Of proof
is upon the government to prove the
facts, to prove the state Of mind in which
the accused was when the acts com.
planned Of were committed, and if the
acts themselves we're not Of q criminal
character, then The accused is relieved,
absolutely, entirely relieved of all re.
sponsibility, under the proper admins.
tration of the law.
What can the government properly re.
quire of public officer? This is ques.
ton which addresses itself not person.
sally under the influence of selfish sen.
timent but which addresses itself to the
great jdy Of public servants, that they
shall know when they stand in their
places and undertake to perform the oh.
legations imposed upon them by the
statutes of their country, and wish
when their day of life is over that they
shall stand clear in the offices that they
have held. 1t is important for them to
know what the government has a right
10 require Of q public officer.
A PUBLIC OFFICERS PUBLIC DUTIES.
First of all, no doubt, reasonable care
and due diligence that he shall faithfully
discharge his duties with that care and
with that diligence which careful and
diligent men exercise in their private
affairs. Next, inasmuch as,no Office can be
filed, no public duty can be performed,
except upon the judgment of the man
who stands in the place of authority, it
is duty for the incumbent of an office,
when he is called upon to decide what
shall be done, to apply his mind TO that
subject and exercise his best judgment
That is what the government has right
to/cxpect and 1t has no right to demand
anything more. They take human
nature AS it is with its imper(ections, and
it human nature were not imperfect
there would be no occasion for govern
ment ITSELF Therefore, when the officer
in his place uses due care and diligence,
and when it comes to q question as to
what shall be done, exercising his best
judgment, whatever tina result, the gov.
ernment has no right to complain. And
when a man has so performed his duty
and the government arraigns him be.
cause some hurt has come to itself, the
government exercises an arbitrary
power that has no more moral
defense in the nature of things than the
star chamber trials and verdicts under
Jetfreys centuries ago. There must be
discretion. Human language is imperfect.
The laws are imperfect. There must be
discretion. What is discretion? 1t is
merely the application, with due care and
diligence, of the best judgment that you
can commend to the case you. have in
hand. The Attorney General has been
pleased to allege, and purpose to dis.
cuss the matter little further on II only
allude to it accidentally now, that there
was an abuse Of discretion by the pay.
master general. He did not go far
enough to tell us what an abuse of discre.
tion is. | know what it is. In law, in
morals, and in the reason of men it is
when power, in which there are limits set
AM oil nd hn 9th 10 10,
exercise, is exercised by the party in the
possession Of that power under the
innuence of malice or some corrupt
motive. BY the admissions of the At.
torney General they have excepted out
of these accusations every thing in the
nature Of malice or corruption. There