The morning news. [volume] (Savannah, Ga.) 1887-1900, 1896-02-29
VICTIM OF AN ERROR.
Capt. QuacISe nbush's Long Struggle
TO Have "a Biunder Righted.


washington, Feb. 17.-Capt John N.
Quackenbush, a nephew of Rear Admiral
Quackenbush, and related by marriage to
prominent Massachusetts families, who
for fourteen years has been trying to get
a correction OF the strange mistake at
the navy department by which he sudden
ly found himself outside of the navy,
seems to be nearer success than ever
before, now that Judge Bradley of the
supreme court of the District of Column
bla has placed on record as the opinion
of the court the statement that to do
what Capt. Quackenbush asks would be
"a simple act of Justice
Judge Bradley regretted that the courts
did not have the power to direct the Sec
rotary of the Navy to renstate Capt.
Quackenbush, as he asked In his petition
sis Of the suit on which this opinion was
given, stating that the remedy was not
in the courts, but in congress.
But congress will unquestionably be IA
vorably affected by the following from
the conclusion of Judge Bradley's opinion:
The correction of this error for which
Commander Quackenbush has 80 long slf-
fered, would be a simple act or Justice II
should be corrected, not only as a matter
of righting a wrong with injured and
powerless citizens, but as a matter of
honor on the part of a great and just gov
eminent"
Even in the formal language of Judge
tice done to Capt. Quackenbush and Of his
long effort to have IL righted reads like a
romance. Capt. Quackenbush, then a COM
mander In the navy, was court martialled
I'm 1874, and sentenced to dismissal, but
President Grant commuted the sentence
to suspension from rank and duty on fur
Tough pay for six years.
This was done on the 9th day OF June
On the next day the President sent to the
Senate the nomination Of w. S. Schley 10
be commander in the United States navy.
ttxrfca Onapkenh fieh dfGr,niccoI
nomination was confirmed by the Senate
on June II.
This nomination." says Judge Bradley,
was an error or inadvertence for which
the record fails to account. About the
same time another vacancy occurred in the
list of commanders by the retirement Of
Morris, which was allowed to remain I'M
filled because of this error, and apparently
for the purpose of providing for the rela-
tor. During the time OF the sentence the
relator drew furlough pay.
Upon the expiration of his sentence
June 9, 1880, he reported for dmty, he was
put upon waiting order, and drew waiting
orders pay until April, 1881, when his pay
ceased, and he has received no pay since
that date. He was retained upon the list
of commanders upon the register until
Aug. /. 1888, when his name was dropped
from the list by Secretary OF the Navy
Chandler, upon the authority Of the decls-
ion of the supreme court OF the United
States in United States agt. Blake 1903 u
i'In December 1888, the secretary last
named nominated to the President, and
he Nominated to the Senate, D. w. Mullan
as commander in the navy from the third
day of July, 1882, vice John N. Quacken-
bush, no longer in the service and such
nomination was duly confirmed by the
Senate"
Ever since then Capt Quackenbush has
been trying to get congress to right the
wrong, but like many other men who
have been engaged in such undertakings.
he has never succeeded in getting both
houses to act favCrably in the same con-
gress although he has had favorable ac-
ton from both at different times
Senator Hoar and other leading men
have strenuously advocated his bill, and
now that It has received such a weighty
Endorsement from the supreme court of
the District of COLUMBIA, II is very likely
to go through both houses in this con-
gress.
Capt Quackenbush started out, Of
course, to get a restoration TO the active
list of the navy, but while he has been
waiting on congress he has passed the
62-year-old limit 50 that now he has to
ask to be put on the retired list.