New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-07-20
OUACKENBUSH WANTS REINSTATEMENT.
SECRETARY HrRBERT's ANSWER N THE CON
rpovrRsY WITH THE tx COMMANDER.

SECRETARY HrRPERT's ANSWER N THE con
rRovERsY WITH THE Ex-CoMMANDER
Washington, July 1.-THE answer filed by Hilary
A Herbert Secretary OF the Navy. to the rule
issued by Judge Bradley. Of the Supreme court
of the District Of Columbia. upon the petition OF
John " Ouack enbush. formerly COMMANDER III
the Navy, reveals some facts not hitherto generally
known in connection with this somewhat famous
controversy The facts. as far as they are con-
coded on both sides. briefly are these;
In 1874 Ouacken,,ush was tried by court martial
upon a charge OF grevous offences committed WINE
on duty in a South American port and sentenced
10 dismissal from the service. This sentence was
onnroved by President Grant. but II was the under
standing at the time that the President reconsid-
cred his action and committed the sentence TO Blk
wears suspension on furlough pay Upon ms I'M
dcrstandng certainly, everybody acted QuacKen-
hush was carried the Naval register until the
wear 1878 with these entries attached TO his name:
"1ure q 1874 dismissed December s, 1874. sentence
NJ dismissal rntigated TO suspension OF rank ana
du,v on furough pay for SIX years from June ..
1874" -
He received his pay during all that period when
the term OF suspension had ended ne reported 10
the Secretary of the Navy and was placed on walt
, ordsrx In ApriI 1884, the accounting officer
NJ the Treasury declined. upon what ground the
record does not disclose to audit vouchers Tor 'he
payment OF his salary and II thereupoh ceaseo.
His name. however. was retained Oh the 'a'"i
!,
nv Secretary Chandler. and the Following entry
wade. 81 oft of the register published LIST or August.
1899 by direction OF the Secretary OF the navy
his action being based upon a decision OF the Su-
preme Court
Since that time Quackenbush has importuned Con-
rress for relief but failed to secure H. ana some
weeks ago Instituted suit In the local courts for
a writ of mandamus to compel Secretary hefpert
10 insert his name the Naval register as a com
mander When the came up for nearing on
the petition for a rule requiring the secretary 10
show cause II any existed. why the WIFI shouia
not issue Judge Bradley laid the rule upon the
defendant at the same time expressing strongly
his opinion that gross injustice had been Done
Ouackenbush which any President or Secretary
OF the Navy could have remedied by single word
In his return to the rule which is vouminous
document. Secretary Herbert makes two statements
which are new. He denies that President Grant at
any time mitigated the sentence Of the court-mar-
tIal from dismissal suspension for six years This
had been generally assumed TO be the case that
the assertion by Secretary Herbert caused much
surprise. In letter written by Secretary Robe
son. after his retirement from office. he stated that
President Grant had thus mitigatod the punishment.
but that he Qtobeson) had not caused an entry OF
the fact to go upon the register until December
dent
The other new statement is In relation to the
nomination and confirmation of q successor 10
d. 1874 the nomination OF Winfield s. schley to be
missed" was sent TO the Senate and confirmed.
This IL was commended mistake or mad
vertence on the part OF clerk in making out the
nomination and that 1t was not the inte1' sbe o.,
for that reason But however that may ,e DE- nte enc
Secretary there be no doubt or tne nten-
ton OF President Arthur to consider Quackenousn
as dismissed when. in December lsss ne ~ nom, the
Navy, "vice Quackenbush. no longer In inc se,
vice." That this nomination was MADE IN tns way
appeared TO be news to most OF the persons III
terested in the suit when i was read x,.~,.-. tn
In Of all these facts Secretary .a foert "a
sists that Quackenbush has no standing u sns