New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-05-09
CONUINDER OUACKENBUSH'S CASE.

One Of the nominations sent to the Senate by
the President on Thursday was that Of John ~
"Quackenbush formerly q commander in the
Navy to be n commander" This nomination
Is next to the final action authorized by special
law OF Congress to restore to the Navy and place
upon the retired list a man who had been dis
missed from the service through an error on the
part Of clerk in the Navy Department, and as
a result Of a court martial President Mckin-
leys action In sending Mr. Quackenbush's name
to the Senate Is In accordance with the act Of
Congress which President Cleveland allowed
to become a law without his approval on Feb
ruary II last and then ignored The act sus-
pended the provisions Of law regulating appoint
ments In the Navy and limiting the number Of
commanders to be appointed In the service. and
authorized the President, in the exercise of his
discretion and judgment, Ito nominate and, by
land with the advice AID consent Of the Senate,
ito appoint said John n. Quackenbush. late
Commander in the Navy Of the United States, to
the same grade and rank OF commander in
the United States Navy as Of the date Of Au-
gust ], 1888 and to place him on the retired
list of the Navy, Of the date of June l, 1893.
Provided, that he shall receive no pay or emolu-
"ments except from the date of such reappont-
"ment" The next step after the nomination is
confirmed will be to transfer Commander Quack-
enbush from the active list to the retired list.
Commander Quackenbushs case is a hstori-
cal one. He was born in this State about sixty
five years ago. and was appointed a mldshipman
from this State in 1S47 and served in both the
Mexican War and the War Of the Rebellion. He
was tried by court-marta during the Presidency
of General Grant and sentenced to dismissal
from the Navy The sentence was approved by
President Grant, but II was subsequently modi-
fed to suspension from rank and duty for the
term of six years. Through the inadvertence
OF one of the clerks In the Navy Department,
when Lieutenant Commander w. S. Schley was
nominated for commander in June, 1874, the
nomination was made to read to fill the vacancy
Of Commander Quackenbush, dismissed" BY
the Interpolation Of the word dismissed In the
commission of Commander Schey, and the ac-
ton Of the Senate thereon, Quackenbush was
effectually displaced from the service. Com
mander Quackenbush appealed unsuccessfully
to twelve Congresses to repair what he claimed
to be a wrong done him by the error OF a clerk.
and he also appealed to the courts, with the re-
suit that the latter decided that "the President,
with the consent Of the Senate, can dismiss any
Officer by the appointment Of another to take
his place; and that 'the correction of the error
from which Commander Quackenbush has so
long suffered would be simple act OF justice.
ut should be corrected not only as a matter Of
"righting a wrong to an injured and powerless
Citizen. but a matter Of honor on the part OF
"a great and just Government" The bill, as
quoted above. passed and became law
without President Cleveand's action. he thus
plainly ntimating his purpose TO exercise the
discretion given to him and TO leave the matter
to his successor.