Year: 1870

The Upshnr Case-secretary Robeson's COM
Special Despatch 10 The EUening Telegraph.


WASHINGTON, May 2S.-The following are
the comments made by Secretary Robson on
the case of Commander Upshur, of the navy,
who was recently sentenced by court martial
to be reprimanded for purchasing a cadetship
for his SOM


''This is a case of extraordinary and unprece-
dented character. The facts set forth In the charge
and specifications were first discovered and dis
closed by Congressional investigation. The inves-
between other parties led to the expulsion OF one
member OF Congress, the resignation OF Others and
the passage OF resolution by the House of Repre-
sentatves requesting the Secretary of the Navy to
convene court-martia for the trial Of Commander
Upshur for conduct unbecoming an officer In
compliance with that request this court CEN
vened, and Commander Upshur has been tried. The
case is, therefore, quite une&ampled in its origin.
1t is equally so in the character OF the accusation
prepared The purchase and sale OF appointments
and commissions are familiar transactions in the
army and navy Of other countries, but are unknown
to our military or naval service. Here every mill
tary and naval nomination, appointment, or CON-
Of merit means of advancing the public inte-
rests by opening an honorable career to pure and
honorable men.


fully the tone and spirit OF the navy were 1t less
prompt than the House of Representatives to in
qure into every charge of venality aud corruption,
or less certain when discovered to in1ct the pre-
crlbed punishment upon the offender.


'"The Secretary of the Navy therefore, requested
by the House of Representatives, convened court
for the trial Of Commander Upshur. A court COM
posed Of intelligent and distinguished officers, all of
whom were senior in rank to the accused, and hav-
ing produced before that court all procurabe proof
in support of the charge and specifications, is now
called upon to revise its proceedings, finding, and
sentence.


'After careful examination and consideration of
the facts and law the Secretary has determined to
approve the proceedings and finding Of the court
and to carry its sentence into execution.


''The court has stricken out of the specifications,
mot proved all the allegations Of corrupt intent
on the part of the accused Commander Upshur is,


therefore, to be considered as not guilty of any such


intention His guilt, found by the court consists
in the payment OF money intended as the considera-
ton for services rendered in procuring the appoint
ment Of his son to the Naval Academy. This the
court, composed Of his brother officers, consider
conduct unbecomlng an officer They so declare
by their findings, and the Secretary of the Navy
concurs In the opinion Appointments to the service
may not properly be obtained by such means. and
the navy at least must neither be, seem to be- in
any way connected with the employment of them.


and efficiency of any military service that its tone
should be maintained at the highest standard OF per-
sona and professional honor, and particularly that
1t should be invariably regarded and treated by all
connected with it as entirely above and dtscon-
nected from mercenary influences of any kind. The
use of such influences under any circumstances of
inducement by naval officer to procure appoint
ment to the Naval Academy is calculated to lower
the tone of the service, when 1t should be highest
and purest and countenaDce or excuse of such


action by his brother officers or by the department
would bring the navy into deserved oiscredit. 1t is
hoped that the expression Of these views by the
court to the department will serve to illustrate the
true character of such conduct and be SUFFICIENT to
prevent any future resort to purchased services to
legeS in the service.


''This order win be taken as the reprmand pro-
vded by the sentence of the court, and will be read
at the various Navy Yards and stations, and on
GEORGE NJ. RoBERoN,
''Secretary of the Navy"