The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1897-06-06
COMMANDER QUACKENBUsHs CASE.
How He Was Inadvertently Dis
placed from the Naval service.


One of the nominations sent to the SEN
ate by the President is that of John y.
Quackenbush, formerly commander In
the navy, to be commander" This
nomination is next to the final action au-
thorized by a special law of Congress TO
restore the navy and place upon the re-
tired list man who had been dismissed
from the service through an error on the
part of a clerk In the Navy Department.
and as result OF a court martial. Presi-
dent Mckinley's action, says the New
York Tribune. in sending Mr.. Quackcn-
bush's name to the Senate Is in accord
ance with the act OF Congress which
President Cleveland allowed TO become .
law without his approval on February II
last, and then ignored. The act suspend
ed the provisions of law regulating APP
pointments in the navy. and limiting The
number of commanders TO be appointed
in the service and authorized the Presi-
dent In the exercise of his discretion and
judgment ito nominate and. by and with
the advice and consent OF the Senate, 10
appoint said John y. Quackenbush late
a commander in the navy OF the United
States, to the same grade and rank or
commander in the United States navy as
OF the date of August l, 1855. and to place
him on the retired list of the navy, as OF
the date of June /, fsa5. Provided that
he shall receive no pay or emoluments ex-
cept from the date OF such reappoint-
ment" The next step after the nomina-
ton Ia confirmed will be to transfer Com
mander Quackenbush from the active list
10 the retired list.
Commander Quackenbusf's case is
historical one. He was horn In this state
about sixty-fve years ago. and was ap-
pointed a midshipman from this state in
1877 and served In both the Mexican war
and the war OF the rebellion. he was
tried by court martial during the presi-
cency of General Grant and sentenced TO
dismissal from the navy. The sentence
was approved by President Grant, but IL
was subsequently modified 20 suspension
from rank and duty for the term Of six
years Through the inadVertence OF one
Of the clerks in the Navy Department,
when Lieut.-Commander ". =. Schiey
was nominated for commander in June.
1874 the nomination was made TO read to
fiji the vacancy OF Commander Quacken-
bush. dismissed Ry the Interpolation OF
the word dismissed In the commission
OF Commander Schiey. and the action OF
the Senate thereon. Quackenhush was ef-
fectpalIy displaced from the service Com
fnander Qusckenbush appealed unsuccess-
fully to twelve congresses 70 repair what
he claimed TO he wrong done him by the
error Of a clerk. and he also appealed 20
the courts, with the result thar the latter
decided that "the President with the con-
sent of the Senate can dismiss any officer
by the appointment of another TO take his
place" and that the correction OF the er-
ror from which Commander Quackenhush
has 80 long suffered would be a simple
at Of Justice IL should be corrected not
only ~ a matter OF rtghtins a wrorg 10
an injured and powerlcss citizen. bur as
matter Of honor on the part % a great
and ttast government" The biz. az
quoted above was passed and became a
Law without PRESIDENT Cieveiaud's action,
be thus plainly sHtiuating his purpose TO
exercise the discretion given 20 him ana
10 leave the matter IN his successor.