Year: 1865

from Senator Hale, Of New Hampshire. It
is "setter:'-


Mr.. Hale. (Abol) Of N. H., said the sub,
Ject had come upon him unexpectedly; but
he had said on Saturday that be WAS opposed
utterly to the creation of any more commit.
tees on fraud Until the Senate had taken
some action in the cases already brought to
its notice, and had fully investigated them.
lie held in his hand a long report Of Sc
Iect committee of the Senate, appointed last
year. from which he would read the conalu
sion to which that committee had come.
The committee say that an examination Of
the subject satisfied them that there was as
much fraud on the government BY purchases
made by chiefs OF bureaus as in any other
way. 10 illustrate this fact lie would call
attention to one instance. Mr.. Halls read
irom the report OF The Special Committee on
Frauds III the Navy Department Mr.. Hale
continued, The principal witness in the
case Of these frauds was, as said on Satur
day, arrested by order of the Navy Depart
ment. His store was taken possession Of
his papers and the private papers OF bis wife
were seized, and be himself was sent 10 Fort
Warren aud kept there, where he was denied
Intercourse with his family, aud instructions
were given not to release him under bail
less than five hundred thousand dollars. He
was KEPT there until Indignation began to be
excited ia his case, and the attention Of the
President was called to it. Then they con-
sentel to take four hundred and eighty thou
sand dollars eff from bis bail aid TO release
him on bail of twenty thousand dollars.
was asked by the honorable Senator from
Kentucky If Nj. Smith was arrested because
he gave testimony against the Navy Depart
ment 1t is impossible for me to scan the
motives OF tnen; it is enough for me to deal
with my own motives; and, standing here
under all the responsibilities which to me
Jealous as any nan Of the little reputation
that belongs to me-caretul cf my word as
most lnen-l aver before my country and
before my God, that | have not the shadow
OF a doubt that the cause Of this mans arrest
and Incarceration was that be gave evidence
in that investigation. In that connection
have a remarkable statement to make OF the
man WHO ordered this arrest and committed
this outrage in Boston, compared with which
the lnquistion was a tender mercy Being
demonstrated with on some reason Of this
sort against sending these cases to the naval
and military courts martial, why be did nol
take the ordinary courts of Justice, he made
this remarkable avowa, that "the civil courts
organize to acquit, but we organize courts to
convict"


Mr.. Da,is-Tbat's true, too.


MIR. lale-If there are some friends Of
the individual referred to here, to derry what
say, | ,hisk could flash Oh every mind
the conviction Of its truth. vii! tell you
how it is done; for while am Oh this thing
| want to expose it. You know that by the
retiring law which we passed i voted
against il, because | knew ii was calculated
to promote tavoritism) by this law retired
officers who have no employment except at
the will OF the Secretary, are put upon these
courts martial. (Mr. Hale read the names Of
the officers constituting the court that tried
Mr.. Smith, Of Boston, and said they were all
retired oficers.) These officers are all anx-
ious for pay-tor employment; and ii they
make themselves acceptable to the Secretary
ofthe Navy they can get it; ii they don't they
cant. This court, being thus organized, the
Secretary Of the Navy appears as prosecutor,
and the man is prosecuted. II being known
that the Secretary wants conviction, there
is nothing else for them to do but convict,
(Mr. Hale here read tLe protest of the Mas
sachusetts Legislature in the case Of Mr..
Smith, charactelizing the proceedings as un-
warrantab!e and Illegal. Mr.. Hale said that
if any Chief Justice Of the Supreme Court
had ordered the incarceration Of any man
until he could find five hundred thousand
dollars bail ho would be impeachel. He
(Mr. IIaIe) would 90 out Of the Senate as he
came into it-au uncompromiSing foe Of
robbery and oppression. Lie knew he would
have the hounds on bis track but he did not
care. They had been there before. There
was reason for it, and that reason had been
assigned He continued: He was not in
accord with the Department. lie wished
that to be recorded; he was proud of it; he
was glad to have it said Of him. He differ
ed from the department in the beginning of
the war, when the country was in condition
which al! could remember, when he saw the
Secretary Of the Navy employ bis brother
in-aw to purchase ships and pay him q
greater compensation than was paid to the
President, Vice President and Cabinet all
combined when he saw the Secretary OF the
Navy put his hand into the public Treasury
and deal out its contents without stint to his
brothern>law, he (Mr. Hale) was not in
accord with him He had been accused Of
severity in his remarks about the Navy De-
partment; but be had never been half severe
enough on it.. Every officer Of the navy
who had distinguished himself and illustrated
the national fame on the deck Of his vessel
had Immediately fallen under the displeasure
Of the administration of the Navy Depart
ment. Admiral Stringbam and Admiral
Dupont had been laid on the shelf. If they
had been felons, preying on the Treasury of
the country, they could not have been more
abused than they were. What was that for?
Why, we have remarkable genius at the
head of the Navy Departmental mean the
actual Secretary of the Navy. He used to