NAVAL RETIRING BOARD. SPEECH OF ON. SAMi HOUSTON, OF TEXAS, DELIVERED IN TIHE SENATE OF THE UNITED STATES, MARCH 18, 1856. WASHINtGTON: 5RIMMTRD AT THE CONGRESSIONAL GLOBE OFFICE, 18i56b NAVAL RETIRING BOARD. Mr. HOUSTON. Mr. President, l hold in my 5. Resolved, That the clerks of the two Houses be directed hand a memorial, signed ulnofficially by menblers forthwith to forward copies of these resolutions to our Benators and Representatives in Congress. of the Legislature of the State of Ml arylan4l. It Adopted Marchi 5, 1856.'is an indorsement of the resolutions adopted by Teste: SHELTON C. DAVIS, the Legislature of Virginia some time since. I S..G. TUCXER1 ask that they may be read; and then I design to offer some explanatory remarks, giving the rea- Clerc of the iouse of Delegates sons for my concurrence with the sentiments of Mr. HOUSTON. Mr, President, I rejoice the resolutions. that the Old Dominion has spoken on this occaThe Secretary read the resolutions of the Legis- sion. Her weight in the Confederacy, the peculature of Yirginia, as follows: liar position which she has heretofore occupied, and which she still occupies; her sound political 1. Resolved,.As the opinion of the General Assembly of and which she still occupies; her sound political Virginia, that the action of th e late naval boad appointed "to adherence to correct principles in times past, with promnote the efficiency " of the Navy, by which -two hun- as few aberrations fronm a proper course as it was dred and one officers were retired from the active Navy list posible during the period of -her existence for of officers, without trial or notice, or record of any sort, any tate to prsue, etitles her to an attentiv was not in accordance with the principles which our Go any State t o purse, entitles her to an attentive ernmnent recognizes as the only guarantees of judicial fhi hearing. I am informed that California, too, the ness and impartiality. youngest sister of the Confederacy, has spoken 2. Resolved, That the General Assembly does not as- on this subject, though officially her voice has sume to criticise the conduct of those who were charged not yet been heard in this Chamber. with the execution of the provisions of the law in question noy bn hrdi isCabr nor to express an opinion as to the propriety of the remnoval Allusion was made the other day by the honof the officers retired under the action of' the board; but it orable Senator from Delaware, [Mr. CLAYTON,1 intends to affirm the principle that every officer of the AIry to the influence exerted around these walls, and and Navy of the United States has the inalienable right tobers of Congress by the appeals made to members of Congress by be heard in his own defense, and to confront his accusers, when charges affecting his personal character and profes- persons who think themselves aggrieved by the sional honor are brought against him. action of the naval board, as thougxh members 3. Resolved,.That forreasons hereinbefore alluded to, the felt it necessary that they should have prompters Senators and Representatives of Virginia in Congress beeir dutir earnestly requested to co6perate in effecting the passage of to stimulate to the d ischarte of their dut a bill which shall provide a fair opportunity to the parties and as though they had not innate principle aggrieved by the action of said board, to vindicate their tar- enough to discern right from wrong, and to purhished honor; and subject not only them, but the whole sue the right in preference to tolerating the wronwg Navy, to a properreform, upon just, rational, and legal prin- distinctly understood, as the allusion ciples. The form of this remedy it refers with confidencetly understood to the discretion of the Representatives of Virginia. was directed particularly to myself, that no out4. Resolved, at the same time, That this General Assem- ward influence has operated oni me to direct me bly owes it to the rights and the honor of its constituents, towards the course which I have taken, and which involved so largely by the action of the aforesaid board, to I am determined, with my humble abilitie, to declare that it finds on the list of disimissed Viginia I am determined, with my humble abes to names of men who have, by their achievements ins war and maintain upon this floor, and'before this nation, peace, in arms and in science, not only commanded the in vindicating men who have been relentlessly thanks and the complimrients of their own county, but had stricken down, regardless of their rights as extorted, and, whilst this board was in session, were ex- b ts as torting the homage and admiration of all the great conm- cers and as citizens of the United States. mercial and naval Powers of the world. Sir, I will refer to some remarks of mine on a 4 former occasion-not for the purpose of sustain- But, sir, Maury has been taunted by a lieutening myself in the assurance which I have given, ant on the board with his civic distinction, his ease, but for explanation,and to show the reason why and quiet; while the same lieutenant thinks that my mind, as early as November 23d last, had it is hazardous, and troublesome, and disagreearrived at the conclusion which it now maintains. able to perform the seafaring part of an officer's On an occasion when it was fit that I should duty. I have noticed these taunts. I do not address my fellow-citizens in reference to the know the individuals from whom they emanate, subject now before the Senate,-alluding to the but they excite in me no indignation. I considAdministration and its component parts, and par- ered them beneath the contempt of a statesman. ticularly to the Secretary of the Navy, [Mr. I have acquaintance with but one officer of this Dobbin,]-I said: board, and I should not know the others if I saw 6" In the administration of the affairs of his office, I believe them. I shall never seek their acquaintance until he gives general satistfaction; but if I were Co rely on Ite the stigma they have placed on themselves by intelligence of the day, as derived from the newspapers, I the course they have puisued is taken from their am inclined to think that, in the action of the naval board, most flagrant injustice has been done to many officers of names and characters. the Navy; and if impartiality has not been carried to an I improper extent2 injustice has certainly been (lone to many of the officers. ut this twiil be a stbject of examination, employed on shore duty. I find, on a comparison I will merely maske this hypotletical remark." of his term of service with that of the chairman Sir, this shows that I needed no prompting, of the board, Lieutenant Maury was but four after my arrival in Washington city, and that no per centum below him in sea service, notwithinfluences were exerted upon me; but that it was standing the great benefits he has rendered to the prompting of my own heart, from a knowl- mariners and the commerce of the world while edge of the individuals who had been stricken on shore duty. The chairiman of that board down, which guided my action. (Commodore Shubrick) has been in the naval It will not be considered egotistical when I service forty-nine years, of which seventeen years refer to days past, as they form a portion of the and ten months have been employed in actual sea history of the country, and when the reference duty. Lieutenant Maury has been in the service is not made for the purpose of complimenting my- thirty-three years, of which more than nine years self; but it is to me a subject of gratulation and have been employed at sea, notwithstanding the delight, that I had an instrumentality in placing misfortune of having been crippled, from which in his proud position in the service one of the he has entirely recovered. To say that he was distinguished officers of the Navy. In 1825, when not an efficient officer ashore and afloat is not a Representative from the State of Tennessee, sustained by facts. Lieutenant Maury has not I obtained a midshipman's warrant for Matthew shrunk from the responsibilities of a commander F. Maury, who then entered the Navy. I have at sea, for durinD the Mexican war he made apwatched his career since with paternal solici- plication for service in his proper rank, and it was tude. I have gloried in his prosperity; and his declined. Deficiency cannot be charged to him. distinctions I have always considered as reflecting As for his sea service, it is thirty-three and one honor upon myself, while the nation was honored third per cent.; while Commodore Shubrick's is by his achievements; and though they were not but thirty-seven per cent. of his whole length of on the quarter-deck where scuppersrun blood, he service. That, therefore, cannot be the causehas built his name high in the niche of fame. It for disrating him. It was not the inefficiency will not be obscured by the action of this mys- of individuals that caused them to be stricken terious board, who have reviewed his conduct. down. No, sir; it was a system of espionage on They may strike him off, and embarrass his the Navy; it was a combination; and, as characprospects as an officer of the Navy, if they please, terized by a distinguished member of the navy should their action be indorsed; but they cannot board, it was a " packed conspiracy" to strike limit the world-wide fame which he has acquired, down chivalrous and gallant men, and give posinor can they snatch fronm him that wreath of civic tion and promotion to those who grasped the glory that his own exertions have won, and which scepter in their hands and wielded it with desis equal to the laurels he would have won if he potic sway. had been called to the field, unless he had been You may say it was the fault of Congress. I altogether unlike the Maurys of the State in which admit it was a great error to pass such a law as the he was reared and his kindred blood, for it was one under which this action has taken place; and the best of the Huguenots. Sir, it has been stated if its passage was commended to us by any who by the honorable chairman of the Committee on understood what would be the result, it was a NavalAffairs, [Mr. MAtLLORY,] that he looksupon culpable act-it was a criminal act. I have no Lieutenant Maury as a civilian, and he thinks doubt I voted for it, though I have not referred to that great favors have been done to him. He the record; but if I did vote for it I voted withsays that Maury has often been withdrawn at out comprehending it. I deferred to the comhis own instance from sea-service; and that he mittee and the Department, supposing everything had asked for his present position at the Observ- was for the best. I was not importuned to vote atory; but the latter statement was afterwards against it, and I supposed it must all be right. I corrected by the honorable chairman, and very imagined that some two or three dozen officers justly. He did not petition for a situation at the would be withdrawn from the service who were Observatory. It was not in time of war that he inefficient through age or wounds or infirmity, or asked for release or respite from duty. It was from habits intolerable in the Army or the Navy, not when the enemy were in hostile array on our and which reflected no credit on the service. borders, nor when we were invading a foreign Never did I dream that those dropped would country with our squadrons, that Maury ever amount to fifty. If I commited tle sin of voting asked to be recalled from service. I for the bill, it was the sin of ignorance amount 5 ing to omnission only; though I may be properly "The scheme submitted by the present able Secretary of censurcable for lnot having examined it when it the Navy reconciled the apparently incompatible requirensble for no havingexaminedwh ments of avoiding ingratitude and a pension, while substiwas to faltl SO weightily on meni who deserved tuting efficient for incapable meni in the performance of actheir country's thankls for preserving their cOUni- tive and responsible duties. The plan involved thie necessity try's honor. Yes, sir, it was a great offense; and of the consent of officers of the Navy, for the ptblicgood, to greatly must we atone for it when we reflect on the accept and disaof te tiher duies wit s than t ise hreglar compensation of the hihier rsank;, acd their patriotism. has inlustice done to those injured by its operation. given aprompt response. Congress have met them in spirit'But, sir, has the law been carried out impar- of equal liberality, accepted their plan for the relief of the tially, fairly, and justly? Who were the persons service and the country, and placed in their own lhifnds the who went into tie board? My honorable friiend execution of the law to promote the efficiency of the Navy." from Delaware, [Mr. CLAYTON,] says that one of In the hands of the Navy The Navy comes the distienuished Mren on it was Cornmander, now forward generously and makes this proposition Captain, Du Pont, in whose behalf he presented, of sacrifice, and Con ress accords to them all tLat (as he always does) a most eloquent, pathetic, their liberality can demand! That is the stateand I may say elaborate vindication, the other nent. But again: day, in secret sessioln. EHe asked tchatt the iln- - " TIce eyes of the country are on the proceedings of the junction of secrecy should be removed to allow blrd wtll anxious, but coicfident, hole." the publication of his remarks. It was done, WTho cared about it? The country was never and the officer has the full benefit of his vindica- aroused to it. The country cared nothicg about tion. I am glad that his glleral chalacter is put it, because they knew that our Navy, whenever in issue by the course pursued by the honorable it came in contact with an enemy, alvays acted,Senator from Delawatre. I am willing to take gloriously, and achieved honor for the country, issue on the fact that he is nobetter than he should and they were willing to confide it to the proper be as an officer, and that he is not superior to hands. The people, far off, remote in the intehundreds who have been stricken down, either rior, had no distrust in our continuous achievein point of seamanship, or in any other high nents of glory whenever our tars came in conquality which should animate an American naval tact with an enemy. The country decanded no officer. The Senator says that service on this such thinlg. It was the Committee oil Naval Afboard was to Captain Du Pont a bitter cup, but fairs of the Senate who demanded it. The Senate the chalice was put to his lips. Sir, he could have acquiesced in it, aid the House of Representadeclined it. There was no urgent reason Twhy he tive approved it. It was done without considershould not do so. He was a member of the light- ation —vithout the people ever thinking anytlhng house board, and I think he could have declined about it, a.d knowin less; yet this asselnption this service on that ground. is made in this article with great gravity. It continues: I go further: I intend to show that DuPontwas tinues: one of the proniptelrs to this measute; and that, ":f it fail in its duty, whether from want of nierve, or want of judgment, or vwant of honesty, the next Conetess if there has been a " packed conspiracy," he has.will respond to the national derand for an efficient Navy played a conspicuous part in it. I will not say by some short, sharp, and salutary remedy. If officers now that lie is tte Catiline of it, but lhe plaved a sacrifice the country to their interests, they may rest ascriminal part. I am not going to take unrauthentic llred the countliy will have small hesitation inc sacrificing crimina pa. I tuhem to tile paramount necessities of thle public service." newspaper intelligence to prove it, but I will take the Intelli-encer-a paper that I venerate for its I pray, sir, that this may be done. It is all I respectability; and, although I have always been askthatthey naybe ecompensed"accordin0 to politically opposed to its editors, I have found the deeds done cn theic body;5' tlat body means -them gentlemen of veracity. It is entitled to a the navaul retifinog toard. [Laughter.] Again: respect that few journals are now worthy of. " This duty,if not thocimulSlly erformed, had as vell no Therefore I re~ly on it. I thbinlk it is a docunme bct attemptled; anti tlhe liberal provisions for those ftound Therefore I rely o it. I tink it is a document incapable, without their own default, disarms the m easure that will cast some light on this subject. By way of evena the least appearalnce of harshness, and leaves cZof showing thlat it is not a spurious article, and cscciseffr leeienc. subject to such an objection, I will say, that the We see they were afraid thlere would be leniarticle which I propose to read was presented by ency, and this article was to prepare tlhe public Mr. Du Pont, and also (as I am inclined to think, mind, and it foreshadows the action of the board. though I cannot positively state it) Mr. Magru- One of the most conspicuous mnenmbers of the der, now a flag captain-or some rank whose board, and one who contributed more to the pastechnical phrase I do not exactly understand-in sage of the bill through this body than anly indithe Mediterranean. These two officers handed in vidual, is the man who foreshadows their purthis publication some tine in advance of the meet- pose in this communication of two columnns. ing of the board. There are other facts which I WVhat is the meaning of all this? They cannot will bring to bear on this matter, and I will show rely on age, infirmnity, and similar causes, to get that the Navy wvas converted to the use of these old men out of the way and give promotion to men. They may say it was the law that was aspiring younggentlemen', lieutenants and othlers; executed; that the pound of flesh was exacted; and if these young aspirants cannot get to be that this action was indorsed by the Secretary of comnmodores, they have made one brilliant step the Navy and confirmed by the President; but all towards it-I mean the brilliancy of two ehpauthis can give rio character to the proceeding, if lets instead of one. In old times, when we used there was corruption or conspiracy in the beoin- to do fighting as subalterns, I was very proud ning. If that lbe the nature of its origicn, all the whenl I got one' epaulet of silver, instead ofgold, subsequent t acts are void. I will not read the and I thought it was the finest thing in theworld; whole of this two-columnl article, but I will read but now you can hardlydi filnd a passed 1" nmiddy" those parts which I th'ink important. W'hat does who does not want a comisf odore's epauilets on it say? y Listen: his shoulders. IHe liCkes to strut about to the admiration of the ladies, with his buttons bright "IWha;t, then, does Con'ess cl-arge the board witi the;and his uniform attractive, and he is a cotnmo-j eduty of performing? The law assumes what the country.dr hy to alr aappearances, and beautiful tor knows to be the fact, that there are mnany officers in the dore really to all appearances, and beautiful to Navy in the grades mentioned, incompetent to the prompt admiration. [Laughter.] and eflicient discharge of all their duties ashore and afloat. Mr. BAYARP D. WTill- the Senator state t The Tine law. llas cliarged the board to examine into the effidate otf th at article? >ciency of the officers of tlie Nalvy, and to report those who, Mdr. HOUSTO. Ma y il, 18a5; and I? uldin their judgmnent, are so incapable of performing all their Mr. HOUSTON. May 21, 1855; and I would duty.', ask the Senator to attend to it, for I know he can Surely it was their duty to recommend the recriticise it with more ability than I can command. tirement of tbose who were incapable of performAgain the article says: Tis dt i coined to the naval boar With them ing sea duty, but there must be evidence of that -'"This dutv is confined to the naval board. Wirith them rests the responsibility of executing or failing toexecute the law. They reap many of' the advantages, but the country mere suspicion in the mind of any member or has the greaitest stake inthfie result; and the country willn members of the board. There were tests by lold( the board responsible Ibr the attainment of the results which inefficiency could be' determined; and I they aintileipated well nv-tt~i hese anlple powers of pria- will show you that the action of the board, if it tion in the ollicers of the Navy itself." Yes, sir, they o eap a dvantges from it. They be regarded as a judgment of inefficiency, is in have not metly promoted themselxres but they direct conflict with the action of the Secretary of hiave not merely promoted themselves, but they They bave not deterred to him. At have promoted their kindred in subordinate ra e Navy. They hae not deferred to the time this'I review" took place-at the time That is generous —is it not? Sir, a system of e time this " renw" tonk place-at the i e nepotism has grown up i the country that must when naval efficiency was determined by the nepo-tism2 has grown up in the country that must naval board, what was the condition of the offibe stricken down; it shall not confront the majesty 1aval boa hat was the condition of the oof a free people, and will not be countenanced and cers who were afloat o'r on duty at thatvery time fostered by mny vote on any occasion while I live; ers who were afoat o on dty at that very time ut it has Been done by this board.s A majority were stricken down by retirement or dropping. of the captains were family relatives. I am not Fify-seven of those then engaged on duty the going into the privacy of families, but this is a board said were inefficient, and not capable of public matter, and I have a right to refer to it. performing their duties ashore and afloat.'What was the conclusion of the Secretary of Not only were the captains related to each other, What was the conclusion of the Seretay of but most of them had relatives, subordinate to te Navy? them, either midshipmen or lieutenants, who were charge duty, to the number of fifty-seven, and promoted by the operations of the board. Were they were actually performing duties ashore or they impartial judges? Were, they competent, afloat at the time when they were stricken down hoiiestly, to adjudicate the rights of noble men, by the naval board, which thereby stultified the honestly, to adjudicate the rights of noble: men, who had fought for their country, who had gallantly bled for it, and who had borne aloft its other erred in judgment as to the efficiency of these officers. These are the two horns of the proud banner to the breeze floating over British dilemma. Gentlemen may swing on eithe hulls? Is that to be countenanced? Could no other disinterested men in the rNavy have been care not which; neither is pleasant. You need obtained? Surely, no one will make such a state- not tell me that the Secretary of the Navy would S-moe ~ elynt. no oe wil mke ac.s - detail for sea duty incompetent persons, when Do not understand me as casting blame on the there are always hundreds of applicants for acSecretary of the Navy. He is a very polite and ve service ho he canot gatfy Can aty elegant gentleman, and perhaps he did polt an d candid man believe there was any deficiency in elegant gentleman, and perhaps he did not inquire not in eany of those men who were detailed by the Seeinto these things. I blame these men for not each telling him, " Sir, my situation is too deli- retary for sea or for shore duty? To suppose so is to impugn the action of the Secretary, and to cate. If I should find it necessary to remove to impug n the action of the Secretaty, and to one habove me, it would leave me liable to t charge himn with incapacity, or a want of integimputation of making a vacancy to give place to rity to his country. do not care which posimyself and get promotion. If I remove one who tion gentlemen assume; one or the otheris the ease if the action of this board cain be sustained, is subordinate to me, and advance my relatives, case if the action of this boad can be sustained, npotis ill be iputed to me. My honor which I do not believe. I do not think that Mr. Dobbin would have detailed an incompetent perwould be impeached by serving on -this board, and I will vindicate it by a just and generous son for sea uty. I a not prepared to indorse his charitable notions of the board, and his laudcourse —ust to myself, generous to my fellowmen, generous to men of chivalry, whom I esteem, atory comments of them, as being the soul of and 71who1 deserve my esteem." honor; but i perceive that their action is contraIt is sugoested to me that the morning hour ictomy to his own. hot, sir, the same article lhas expired; but still I ask leave to proceed with says further: my remarks. " It is the duty of the President to keep the piuhlic force 1Mr. IVERSON. WVith trhe penrmission of the on shore and at sea in an efficient state, ready for every emergency. If miien are incomnpeteit, no niatteir fomi what Senator I whrill moive to postpone the specical order cause, it is his duty to know it, to ascertain it, andl to reto allow the Senator to proceed with his speech. move them either by his executive power or by legal proAlthough it is not the " first speech " of the ge e- edilgs." tleman, it is his first during thie present session. So these powers inured to the President and Hle has been exceedingly modest, and I therefore Secretary before, and hence the absolute inutility move to postpone the special order. of the -law. There was no requirement for it The motion was agreed to. except to suit the demands of a cabal hero in the Mr. HOUSTON. Mr. President, I will read bureaus. They are nests of iniquity, and they anotLher extract fiom this delectable publication. are multiplyinkg; but I want the eggs broklen. It says: Again: 7 CC But, whatever be the means adopted, he is responsible too late, and he was dropped for other reasons, it for the efficiency of his instruments. Congress have aided. said his judgment by giving him the benefit of the inquest by the made against im, by ror, board. They are as fiee to inquire as the President. They On a charge being made against him, by rumor, are subject to no other restrictions." ten years ago, Lieutenant Bartlett demanded an What a pity it is th~at Ymuore ~restrictions were investigation by court-martial or court of inquiry not placed on them, and then there would have against his accusers. Iis demands were made been less ground of complaint to-day. This tohissuperiors and arethee yet. Hehasfrom "writer says: theirtime to time demanded an investigation, a court ".They pass their judgment subject to the same responsi- of inquiry, or a court-martial, and it was not given bilities, and they are subject to none other." him. W y? They who made the charges knew How proud, how oimnipotent, how far above they could not prove them. The fact that he was all revisionary power, how irresponsible they are! continued on service shows that the rumors had Further. no influence on the Secretary of the Navy or his " They are bound to. inquire fairly, earnestly, courage- commanders; and yet that man was dropped from ously; to be guided by public considerations alone; to give the list of officers. Mr. Du Pont had written to the country the full benefit of their knowledge and expe- different individuals to know if they knew anyrience; to report tilhe truth as it shall appear to them;- transaction; u te anser They italicize "'4 truth;" otherwise, I suppose, it is said, came too late! Bartlett is a fine officer; it would have no weight. but he has one outrageous fault in the eyes of — "and to remember, that the blood and dishonor of any some gentlemen. He is similarly situated with disaster to tile Amlerican arms following firom any neglect Captain Levy, of the Navy. 1-t was the first to report every case of incolmpetency coming witlin teir man who discountenanced flogging in the Navy; knowledge will rest on them and on their meimory. Beyond this, they have no duty, no right, and no responsibility." andhe has finally triumphed. Bartlett was a temAgain they go on to say: perance man, and recommended dispensing with " In the eye of the country, the first thing is that Ameri- grog in te Navy. This wasoffense enough to can seamenand officers shall not be sacrificed by incom- some gentlemen to incur reprobation, and to brand petent commanders." him as a victim necessary for the sacrifice. Yes, I shall have something to say in illustration of sir, that is it. If Mr. Du Pont had such great this position. It is a very good one. See how solicitude and anxiety for Mr. Bartlett, is, it not. they enlarge upon it: strange, as a inmember of the board, having the' To this everything is subordinate, and for this the board Secretary's ear, that he did not prevail on the Secwas created. How individuals may be affected —whether retary to give Bartlett a trial, and let him vindi-. the countryhave treated heroes ungratefully or not-is none cate his. character? He requested it promptly. of their business. They are charged to see that lives of W American seamen, and the higher life of American honor, be neither thrown away nor jeoparded by hands of whose martial to enable himn to exonerate himself'? Mr. competency they are not convinced. If Decatur were alive, Du Pont had sufficient influence with the Secre-. but blind, or a paralytie, or deaf and dumb, or so feeble as tary, undoubtedly, if the Secretary needed a to be unable to encounter the hardships of a cruise, it would. be their duty to say so, and leave the country to take car prompterand wa diposed to sere hm. But of the hero while supplying his place." no, his feelings of friendship were all dormant Yes, sir; but if he was neither of these, and until they were awakened by the responsibility they were to say he was dumb and blind and old, devolved on him as a member of the naval board! the statement would be false. Sir, a hundred offi- But, sir, I desire to continue the'eading of the articers walk about these streets repelling the charge cle of which I have already given some extracts: of incompetency. They are practical contradic- "Of course clamor will follow the report of the board if tions to it. Here we are told the duty of the it be searching and efficient; but worse clamor will follow board was to retire an offlcerw when he was incom- thoses who fail to report searchingly and efficiently; for this act is no sudden freak of Congress;"petent. It is only for that cause, or for misconduct of a flagrant character, that he can be retired, If it is no sudden freak, I should like to know furloughed, or dropped. Every one that is when was t deliberately considered. dropped feels that imputation on him. Let me — "itis the preferred alnong multitudes of rejected predeive an irnstane. The other day my friend from lcessors; it united many conveniences and avoided many elaware insta ted that Captain Du Pont had writ- objections; it was fully debatedl thoroughly considered, and Dela-ware stated that Captain Du Pont had writ- scanned by hostile interests." But the ten letters to Lieutenant Rhind and others for American people are both practical and liberal, and therethe purpose of getting a contradiction to rumors fore, while providing for removing'dry-rot,' and substituagainst Mir. B3artlett, of the Navy, one of the ting sound imaterial, they took good care of the relies and most intllig pompt, and sailel- meorials of fornmer glories and long services rendered the motst intelligent, prompt, and sailor-looking fel- Republic. They justly discriminate. It is only those whose lows I ever saw-a gentleman who was selected incomnpetency is the result, not of time, nor iiatural decay, by the Secretary of the Treasury to go to France, nor hard service, but of their own fault or excess, who' are and was there for more than two years, for the to be stricken altocetherrom the rolls.' purpose of obtaining improved lights and light- Lieutenant Bartlett was dropped at a time house apparatus. Hecame homeebearingahighly when the Secretary had detailed him for active laudatory letter from our Minister, Mr. Mason, duty. He was an accomplished and an efficient recommending him to the special consideration officer on ship. Now, remember, it was only of the Secretary of the Treasury. He was again for inefficiency that they had any right to touch at sea performing his duty when he was stricken him. The officers of the Navy were amenable down and degraded, as unworthy of a place in the to the laws of the country, and to the prerogaNavy. Not retired, not furloughed, but dropped tive of the Executive, if they failed in their duty; entirely. ThatisMr. Bartlett,towhoim myfriend but the board had no power to touch a mano for alluded the other day, and whose character Cap- any offense unless incompetency, either of mind tain Du Pont was so anxious to vindicate that he or body, unless the inefficiency of the gentleman wrote a letter about him; but the answer came was such that it was impossible to retain hinm. This is admitted by these very gentlemen them- to themselves. From this appreciation of their selves. They say: own conduct, their deductions are drawn in rela"t It is only those whose incompetency is the result, not tion to others who are honorable men, willing to of tinme, nor natural decay, nor hard service, but of their confront any, imputation which they may dare to own fault or excess, who ale to be stricken altogether bing against them before the public, or before from the rolls;' a provision in the law inserted and in- sisted upon by the people's imlnnediate representatives." the constitutional tribunals of the service. Where The people, a I have bee rearked, a man has been dropped for alleged infamous connothing eabout it-cared nothing about it. The duct, without a trial, they say he might be afraid to have the reasons why at is done paraded bemnembers of COngress were in th~e saie position fore the public!i This assertion is made as to, in which the people were, and represented them evry man who they have daned with a brand very faithfully-neither the people nor their rep- every ma s whom they have damned with a brand esentatives thought anything about tile conse- of infamy as set forth in the statute, for it is only thought anythin abfor infamous conduct that a man was to be requences. This article abounds in points. There is a richness, a marrow in it, that is worth look-. They have placed that brand on him, ing at. Let me read another extract: and then say that he might not wish to have it: If it be no injustice to remove an officer who cannot gain: t nature of an exectiv discharge his duties, it is surely not illiberal to give him the full leave-pay of his rank, when doing nothing; and, if proceeding." How learned this board were. My his sensitive honor shrink from receiving pay witllout ren- friend from Delaware said that a book was written dering service, the law satisfies even this scruple of a high by Mr. Du Pont, and I suppose, therefore, that nature, by reserving the liability to duty at the call of the le is eared. appears to have been a man President; and the emergencies of active warfare may well occasion many a demand for experience and skill in dock- of learning, at least in this matter, for he says: yards and shore-batteries, fitting out flotillas, and orgaLn- It is in the nature of an executive proceeding. The izing men for victory, which will satisfy the longing for President scrutinizes in secret thile ocier he appoints or active service which the note of war will awaken in the refuses, and the Senate closes its doors when considering oldest naval heart." the fitness of executive nominations and scrutinizing indiIt appears, then, that the nien who are not fit vidual character." for active service, according to the board's view, Now, I desire to call attention to what Mr. are in time of war to be relied on for their expe- Du Pont and his coadjutor says in this article of rience, and for that purpose are subject to be the officers of the board, of whom he was one,, recalled by the President to active duty, but in- and his coadjutor another. There must have been hibited from promotion. That is their notion of something very self-felicitating in the feelings of honor and justice, and the pride of a military these gentlemen when they wrote this article, or man who loves his rank better than he does his had it written, because there are various rumors life; for it is for position, and the consciousness about it: of it, that he will fling away his life and trust it to " The characters and respon;ibilities of the officers are the enemy a thousand times. Yet you tell him a guarantee of the faithful performance of their duty, and by your law that lie cannot have that rank and publicity would only create a combined effort among those impeached to protect each other by destroying the work of promotion, but he may be recalled to service on the board. the retired list. He may go and fight a battle; he "' One observation remains: Congress has allowed capmay gloriously defend a post; he may give his life tains alone to pass on captains. The other members of the board will be present and witness their proceedings big without power to affect the result. The indifference,. not ness in his dying moments that, if he had sur- to say hostility, which has been exhibited generally by this vived this glorious achievement, and if it had been grade of officers to this great measure of reform has, it possible to avoid this sacrifice of life, the road of cannot be denied, created some misgivings, ii and out of promotion lwould be bloclred —e-ternally bloclked the Navy, as to the course which might be pursued by the from oim. wou wil blochtdyourbatles unckde representatives of this grade on the board; but these misfrom him.'Who will fight your battles under givings have doubtless arisen from the peculiar organiza-.uch circumstances? N No brave nor honorable tion of the board, the law vesting such paramount power man. Such a suggestion as this seems to me' to in five of the fifteen members conmposing it, thaI from any be unseemly; biut I suppose it must be inmputted to doubt ill the hi-h integrity and sense of duty of the capbe unseemly; but I suppose it mus t be imputedtains likely to be selected. We wmill iot entertail the' ignorance of human nature and of the foundations shadow of a doubt, that they will execute the stern obt imof true chivalry. What is the intimation? That perative duty required by Congress in a imananer altogether these old retired veterans, condemned by the hoard consistent with the highest honor kno-wn to the naval proas unlfit for active service, could be useful in. Sou ite e oterwise, tie whole proceedinrg,s unfit for active service, vct u b e us e ful nory.* will be a failure; but fortiunately the reason of the failu1&rer ganizing for victo ry during active warfare; and will be as apparenlt as the fact, anid Con ress will?Lknow hows for this purpose to be liable to be called into active to apply the remedly; and s/hould it find that ant grade has mso service in such a contingency. What a stomach for exercisin g discipline over its fellows, Congress ia oht th/sink it worth while to try the sharper appetite of their? mentary on the whole proceeding!. n ma ju1*niors, whlse interests woill coincide witlt their duty.' I come now to the charitable part of this article: I Oh, a monstrous thing it is if men combine to,."The investigation should necessarily be secret. It must obtain s for wrongs which have been done lie soin order that it may be efficient and free. It could not be open without exposing to inquiry, characters whose fit- to them! It is looked upon as a heinous offense, ~ ness was questioned, but approved. Doubttful cases must if men who have been striclken down and assailed exist; facts castingsuspicion which would not be fit to act and who have had their honor wounded, repel on, but which would cast a shadow on the plublic mind, will the attack with' becomaing manliness. This is be elicited. Even those reported against may well be contemnt to ascribe their removal to the vague gromnml of disa- looked upon as a conspiracy', though it is simply bility, rather than have their deficiencies specified and the redress of wrongs pempetrated by packed conparaided before the public.," spirators. It is thus characterized by a disAh! there are many things which these gentle- tinguished member of the board. They were men, I presume, would not wish to have exhib- afraid lest the work of the board should be deited and paraded before the public; hence they stroyed, and they thought.it was very desirable feel the benefit of secrecy and appreciate its value that it should remain, because by it they waere all benefited-greatly promoted. All, or nearly all or superior worth? Not atall; but their places are the principal men on the board had relatives who vacated; they have not been properly filled. The were benefited by it. It would be a pity to spoil article thus concludes: a work so agreeable and family-like in its nature "But if Congress see that they not only have among them -a very great pity! But, sir, let me give you men who are inefficient, but also that the whole body is another extract: infected so as to be incapable of applying a remedy, they will find a short cut to the conclusion that there is little of (Congress has, however, confided to the high sense of, the old material worth preserving. They may relieve themduty of the officers of the Navy the interests of the country.' selves of thie trouble of picking the sound out of the rotten Beautifully have they requited that confidence- by cutting offall together." have they not? Sir, rather than submit to the action of this "Congress has provided active service and higher ranl board, by which rank injustice has been perpefor the young and aspiring; ease, honorable retirement, and at t tthe wrong whi undiminished pay for the faithful and worthy who have be- has been done to generous and manly spirits who come worn out in the public service; and, in order that this have served their country; rather than suffer under nmay be done without any additional call upon the public the wounded feelings of honorable men, the Treasury, the younger officers of the Navy are ready to blited ex perform the more responsible duties of higher rank without expectations nd hopes of thei families, demanding the full pay of the rank. And the country looks their children dishonored, their wives' happiness to the Navy to rqform itself-but reformed it must be!" destroyed and feelings crushed, I would vote to This statement is made by Mr. Du Pont, for repeal-Xrepeal-REPEAL every act that recognizes he handed in the paper for publication; and it is a Navy in the country, and would see every his-th~at act made it his. ~~To himn belongs the vessel scuttled to the bottom of the ocean. We responsibility; can rebuild ships; we can obtain artisanls and manation-measurably re sponsible for th e outrage terials to replace our vessels; we have resources that has been done to the country, for the wrongs which could be thus expended, though it would to individuals, and for the mutilation of our Navy take our surplus revenue. Still, sir, though e -the destruction of its efficiency, and the annihi- may have mints to coin silver and gold, we have la~tion of its chivalry, no mints here to coin gallant hearts. No, sir; the But, sir, itis admitted that there are some "hard generous, noble heart is coined in nature's mint, cases" Presultig from the action of this board. and struck in the die of Divinity. It is there that The chairman of the Committee on Naval Affairs we are to look for seamen. It is an impress which has said in his report, that there are some hard can never be given by the present organization cases; but I tell you that some of the hardest cases of the Navy; but degradation and dishonor will yet remain iln the Navy. [Lauhter.] There are be brought upon it. My friend the chairman of cases of manifest wrong and injury to men who Connmittee on Naval Affais has said, that have been disrated; but the change has given noCo mmodore Stewart's dead body might, upon increased efficiencyto this arm of national defense. ashipof war,causeVictoryto perch upon her I can point to many competent and efficient mong pennant, but that you might fill her with Moaurys those who have been dismissed for alleged ineffi- from ]keel to deckl and it would not cause one thrill ciency. I have already referred to Mr. Maury's in a sailor's heart. WVas that remark intended to case, and here I will say that he has never visited disparage the just claims of Maury to adlniratiod Hispscientific attcainms of arey too -reat for me; I have never spoken to him during the pres- too at fo ent session but on one occasion, when I met himo that; but he has qualities aside from his scientific at the President's House, and passiimgly saluted attail ients. He rwas a sailor who performed his * him. He has not called on me; he has not i1m- duty-or his comrades belie him-so long as he plored me to vindicate his character, and sustain was at sea; and he was at sea a fail proportion of him as a friend. Nor have other officers done histime. Hewasafinesailorandafitman; but this. I have souiht then for information toascer- thenationcould not dispense with hisservices taill, if possible, thle wrongs inflicted on them, so in his present position, or he would have particithat I might, in ty plain and humlIe way, as far pated in the wair with Mexico, and there have as I could, vindicate them, and repel and ig shown hisallntry and daignoreing. the charges brought against them; but they have. MALLORY. Does my friend wish me not sought me. to answer the question which he put a few moWVhat next? Towards the conclusion of this memmts ago two-column article, I find this language: Mr. HOUSTON. jYes, sir; if the Senator pleases. " The naval board is charged to scrutinize the men of the ases. Navy, to name those unfit for every exigency of active service. The President is directed to remove suchi as are so whether the remark to which he alludes, made by designated froam the actice-service list. If the board fail'in me on a former occasion, was designed to disparits duty, Congress will find a remledy and ameode of execu- age the claims of Lieutenant Maury. Certainly ting it. More than one radical measure of refirm Ihas been he could not have listened to all that I said on proposed: four-year appoint.ments, vacating all commi could not ae istene to all that I said on sions, and the like. The moderation of the people, of the that occasion, or it would have been unnecessary lmajorities in Congress, and faith in the high-mimnded honor to ask the question now. I occupied a very ofnavai offlcems,imave prevented such rash courses.'" considerable portion of my time in extolling those It is a pity that these considerations did not services, by comparing him with the first matlieprevent the board from taking so rash a course maticians and astronomers that the world has ever as that which they have pursued. Confidence in known; but those remarks were in consequence the honor of naval officers would have saved some of, and followed an attempt, as I understood it, of the chivalry and elite'of the Navy. Some of to contrast the services of Lieutenant Mauiy with its proudest spirits have been sent adrift. Who those of Admiral Nelson. So far from disparagare now in their places? Men of superior quali- ing Lieutenant Maury's attainments as a philosfications, superior merit, superior moral standing, opher, I expressly conceded that they were of the 10 highest character; but I did say that they did not stances; but in the mean time I must relate an constitute a title to military command. anecdote connected with this subject. What I Mr. HOUSTON. Then I will ask the honor- shall relate comes from such a source that it cannot able chairman what were his deficiencies? be doubted; and I will name the officers for fear Mr. MALLORY. I am not here to point out that an unjust reflection or a compliment-I will the deficiencies of individuals. I have stated the not say which —might be cast on others. abstract proposition that the highest attainments Commanders JXagruder, Pendergrast, Du Pont, in science do not constitute title to military com- and others, who (at least the last two named) mand. That is the proposition; and if the hon- became members, of the board, were, as they orable Senator will argue it with me, I shall be often were, in conclave in the office of the "INvery happy to meet him. The peculiardeficien- SPECTOR OF ORDNANCE"-not that the gallant old cies of any individual member of the Navy, are officer who presided in that office united with them, not before us for discussion; nor do I propose to for he did not-as I said, these officers were there, enter into any personal examinations of the quali- and very busily engaged in conversation; and, on fications of any man in the Navy. I know too the entrance of the " Inspector of- Ordnance," they well the position which I occupy, and the charac- rose and left the room, when he picked up the Naval ter of this forum, to introduce here a discussion Register, and observed on the margin the names of that character. of some thirty or thirty-two commanders marked Mr. HOUSTON. I am very much gratified at with the letters R., F., D., (reserved, furlocughed, the gentleman's remarks,for they are instructive. dropped.) He remarked, "You have been hard He has told us in a few words all that the chair- on your grade;" when Magruder, who had reman of the naval retiring board and its members mained when the other conspirators left-(having have told us. He has told us nothing of the ob- dotted their commanders)-took the Register and jections made to Mr. Maury. I have this to say observed, "1 We were mzerely anusing ourselves by of Mr. Maury: That he has proved himself a looking over the list; "-an agreeable amusenent, cersailor, ready for service; and he is one of the first tainly! The conference was consequently broken men of his age, and is so recognized throughout up. Theywere, as Antony would say, "dotted." the world. If he has distinguished himself in But he had counted the thirty-two names of the science, and under the orders of the Government persons who had been proscribed, and this was of the United States has been detailed for shore wveeksbeforetheboardmet. Yet,itissaid, everything duty, it certainly does not disqualify him for was decided by a vote after the board met in June. active service, because there is not employment The Secretary of the Navy detailed the officers for one half, or one third, or one fifth of the offi- only a few days previous to the meeting of the cers of the American Navy, I believe, by manning board-the 5th of June. On the 14th, two of the all the vessels which we have. If he is employed members arrived at New York, and were immeon shore, there are others who, for the increased diately summoned fiom there. These two were pay, are always anxious to go to sea There are Commodore McCauley and Captain Stribling. more than can get employment. And while he They were summoned, and they sat on the is profitably occupied for the benefit of the coun- board. I shall have something to say of them try, and while he is shedding a halo around its presently. name, and rendering it illustrious as far as Chris- I wish to do justice to everybody. In order to tendom extends, I think it a small offense that he do justice we must understand the case; and for is a votary of science; and he should not be that purpose I have the information requisite to stricken down for the reasons intimated by one place the character of one of the members of this of the gentlemen of the board. board in a situation that will enable the Senate But what was the situation of the board? They to determine whether the decision of officers, such were all indorsed by the Secretary of the Navy as he, could be of that impartial, pure, and imas they were detailed for that service; and there- maculate character necessary to give it weight fore, of course, all doubts of their merit were put and influence, not only with the American Senout of the question. Now, sir, there are in this ate, but with the American community. matter some of the most striking and singular Mr. MALLORY. Permit me to ask the honcoincidences of which it is possible to conceive. orable Senator to repeat the names of the parties It is a singular coincidence that these men should of whom he has spoken? I believe he has named have been detailed, and that most of them should some who were not on the board. have been assdciated formerly, and that this de- Mr. HOUSTON. Mr. Magruder was not on tail should have been under the circumstances the board, but it was understood that he was the under which it occurred. The honorable Senator principal arranger. He was there at the time I from Delaware says that it was against Captain mention, but he was not on the board. Du Pont's desire that he served on the board, and Mr. MALLORY. WVhat were the names? I must take it for granted, because he says so. I Mr. HOUSTON. I cannot spealk positively have no doubt such is the impression on his mind; as to names, but I will give them as I understood but, when the facts are investigated, the same con- them. I have no memorandum, and may be clusion cannot be arrived at by any one who has incorrect. They were Magruder, Du Pont, Pennotapersonal acquaintance with Captain Du Pont, dergrast, and others. and has not received his personal assurance to Mr. MALLORY. Did I understand the honthat effect. orable Senator to say that there were thirty-five Now,- sir, I like to see things work evenly, captains marked? smoothly, clearly, and fairly; and to show that Mr. HOUSTON. " Dotted." no charge of delinquency of a public character Mr. BAYARD. Do I understand the honorahad ever been made against Lieutenant Maury, ble Senator to state these facts upon the authority I will, in a very short time, advert to the circum- of a particular individual, or on rumor? I1 Mr. HOUSTON. On the authority of Corn- a dangerous thing not to be a favorite of that modore Skinner-that is all. board under the new rgimne. A man was lucky Mr. BAYARD. Did the honorable Senator say if he came within their favor. Commodore Skinner told him the names? The first letter I will read is the following: Mr. HOUSTON. I am not certain as to the NAVY-YARD. NEW YORa, June 21, 1855. names of all; but there were two or three of them SIR: Under the circular of May, 1849, the United States who were afterwards on the board. Now, we steamer San Jacinto, Captain C. K. Stribling, conmnander, must look at a very inmportaut matter in relation recently arrived at this port, has been inspected and examto Captain trilin. call te attention of the ed, and I have the honor to report that the ship was to Captain Strib~ling. I call the attention. of the found in a clean and healthy condition. honorable chairman of the Committee on Naval The crew were exercised at quarters, and the usual eveAffairs to the circumstances. I believe he says lutions were gone through with. The result of the exam-1 that when a mnidshipman quits the Naval Acad- ination was not so satisfactory as desired, as will more emy he is considered qualified to command a fully appear by the accompanying report from the officers who made it. frigate. I am, sir, very respectfully, your obedient servant, Mr. MALLORY. Theoretically. CHARLES BOARMAN, Commzandant. Mr. HOUSTON. But if he cannot do it prac- HoN. J. C. DOBBIN, Secretary of the Navy, Washington. tically it is of no use; for theory never did any- This is what was written by Captain Boarman, thing in the world worth spealking of. Are they the commandant of the New Yorlk navy-yard, to qualified to do it practically? the Secretary of the Navy. It was communicated Now, sir, I intend to consider the case of a to the Senate in answer to a call on the Departgentleman who was a member of the board-a ment for the papers. distinguished scientific gentleman-who was, as I The officers by whom'this inspection was am informed, four years in charge of the Naval made were W. L. Hudson and H. H. Bell, comAcademy, and was also at one time in charge manders, and P. Drayton, lieutenant. The report of the flag-ship of the West India squadron- was made on the 19th of June, 1855. Did not Commodore McCauley's flag-ship. The gentle- the board meet on the 20th? I will proceed to man to whom I refer is Captain Stribling. Mark examine this report: you, he is the gentlemanl who was to qualify Report of an inspection ofthe United States steam-frigte midshipmen to command a frigate when they San Jaccito, Captain C. IK. Stribling comzandirag, iLade leave the Naval Academy! iVe will see how ty Commeaander IV. L. Htdson, senior officer present, this much he knows about the matter, or how little 19th day of Juize, 1855, sit the 5avyaes, Nse Yoh,. he has done-one or the other. I think it is one Arman ent-Two 64-pounder pivot-guns, and eight 8inch guns of 63 hundred weight truck-carriages. of the most pertinent cases I ever knew in my 1. Date of last inspection: Never inspected. life; and I think some of the acts under it will 2. Date of target practice since last inspection: May 10. appear very imzpertinent compared with its per- 3. Time of beating to quarters: 1139 a. m. tinency. [Laughter.] I have before me the cor- 4. Time that the divisions reported ready for action: 11.47, broadside guns; 11.52, bowsprit; 12.10 p. in., sternrespondence in relation to the matter of which I pivot. will speak. Captain Stribling was at sea with 5. Whether all the divisions were found to be properly his ship between seven and nine months. He prepared: They were oot. inhad been o1 the summer of 1854, in 6. If any of the preparations are defective, and in what had been ordered out in the summer of 1854, in particulars: No wads, no spare shot or shells, were passed the STEAM FRIGATE SAN JACINTO, with a view to up; slinIgs and preventers not lup. proceeding to the Baltic, to protect our interests 7. Whether the men are well trained in the exercise of nII the presence of the English and French fleets; their guns, and especially in pointing them: They were not but, becoming disabled at sea, put into Boston and 8. Whether the men are wvell trained in securing masts was refitted; again refitted twice at Southampton, anti spars in case of loss or injury to shrouds and stays: England; visited France, and Spain, and theWest They were not. Indies; and returned to Philadelphia in March, 9. Wlether tie men are well trained in passing powder from the mnagazine, and thence to the guns: They are. 1855, and was immediately ordered to take Corn- 10. Wiietfler there was anly target-firing during the inmodore McCauley onl board, and proceed to the spection; if there was, make a special report of it: There coast of Cuba, to protect our flag froom aggression, was nonle. as the flag-ship of Coinmmodore'Mcc aule in the 11. Whether the men are well trained in small-arms exasth fn-sipo Cm doee ulyn tleercise, and in firing: They are not. West India squadron, at a time of g0reat excite- 12. Whether the boarders, or others, are trained to singlement-I think in April last-at a time when it stick or broad-sword exercise: Very few at single-stick, was understood that every American naval vessel none at broad-sword. which went itnto the West India seas had aothorl- 13. Tihe condition of boats, when armed for service: The boats were never fitted for armamenets. ity to strike the enemy whenever they met them, 14. WVhether the boats' crewsv are expert in the manageif the slightest indignity was offered to our na- inent of the boat and field-guns, and in embarking and detional flag. In a vessel on such a station as that, barking, &c. Were not tied for want of angrrsnentsn everything should have been in prepcaration, 15. Time required to shift a carriage on spar-deck: Ten everything should have been in prepiaration, minutes. ready at any moment for a conflict with the ad- 16. Time required to shift a breeching! Twenty seconds. versary. If it was not, this gentleman was to 17. Time required to shift a gun fiom one side to the other blame. He was the captain. He wevent out ill fofiing: Twelve miutes. 18. Whiethier the arrangements for boarding and repellingr that squadron; and when he returned, an in- bolarders are good, or otherwise: Are not good. elli spection was moade of his vessel. I will give 19. Whethler the arrangements lor eatinguishing fires are you the result of it. Perhaps it is the only ves- good: Good, but the hose are short; they do not reach front sel ever in the service of the United States that ne end oi the ship to the other. 20. The general conldition of' the vessel, armannent, and returned in such a condition as that in which this crew, for efficient service in action: The general conidition vessel is reported to have been; and the very fact iof vessel and armament is asir; there are, however, solme of reporting the truth by a gentleman, who is a defects that ismpair Ier efficiency in action. lhe powder fbr shot and shell-guns is passed fiom the mnagazine through very respectable captain eand sailor, cost him his the same scuttle, and conveyed to the derck by the same epaulets. Yes, he was stricken down; it was elevator; the shell-room floor'is too low for dryness; lockels 12 for solid and hollow shot are situated so that they are passed San Jacinto was exactly two months absent from the Unithroughl tile same hatchway, and by tile same meln. ted States upon her late cruise. Just before sailing from It is a very serious defect in the arrangement of her bat- Philadelphia, more than fifty men were added to the crew, tery, there fbeing no bulwarks to protect the guns' crews. to replace those who had been sent to the hospital, disIn close action, against sharp-shooters, it is believed they charged by order of the Secretary of the Navy, and decould not keep their qluarters agailnst the improved arms; serted." and tile hanmmoecks beillg stowed in temporary nettings, over o were they? Was it so difficult to ~the stern and quarters, are great ilnpedilent s to clearinig the stern pivot for action. On tis occasion the time was incorporate fifty men with more than three hunthirty-one mninates. Wooden bulwarks, with losw ports, dred men on board the ship? Some of them were would answer better, we think. sailors rednlisted; but he wishes to say the fifty Thirty-one minutes to bring a gun into action! had tainted the whole, and ruined the discipline A steam vessel may go eighteen miles an hour; of the whole ship. but suppose she should only run eight miles all "This change of more than one fourth of the workiitg hour, one could have rtn the distance of four nmen of the crew required an almost entire cliange of the miles before this gun was ready to bear on the statious of the men at quarters aid other statiois."' enemy. They might have sunk or boarded her Now, he had a complete crew without them; before-it could have been done. Again, they say: and, as he was going into dangerous seas, and Her crew does not appear to have beensufficiently trainled carried the commodore on board, it was veryimat their gulls for efficient service in action. portant to have the vessel in perfect trim. HIe NOTE.-The ship is in clean and healthy condition, altl had this addition to Icis force for that reason: perhaps solme allowance should be made in the above report in consequence of tile time and circumstances under whichl "This chlangre of more than one fourth of the workingthe inspection was irade. The coInltandillg officer hatl men of the crew required an almost entire change of the been directed to land all the stores, unreave the running stations of the Ien at quarters and othstastations; conserigging, &c., preparatory to the imlediate transfer of the quently, the drill and exercise of the crew had to be coincrew to Norlblk, most of whichl was execulted when the miencecd anew. When it is considered that but two months undersigrned received their orders to proceed to the imlspee- had elapsed from this time until the inspection of the crew tiosm of the ship, as per the above report. and ship at New York, to apply the same rule, or to exVery respecttilly, your obedient servants, pect the same expertness, under such circumstances, as W. L. HUDSON, Comnmander. would be expected from a crew reurnming from a three H. H. BELL, Commandcer. years' cruise) I do not think fair or just. This fact does not P. DRAYTON, Lietttenant. appear to have beein noticed by the inspecting officers.'> Hon. J. C. DOBBIN, Secretary of the Navy, WVasehington. It was not their business to notice it. Forwarded by CHARLES BOARTAsN, Comslnandant. " In these two months there had been one thorough pracThen Mr. Dobbin writes to the Captain: tice at target with the great guns. As to there not having NAVY DEPA~RTENT, Jeus7e ~2, 1855. sIbeen any target practice with the small-arms, I did iot SIR: Iscloosed witi this you will find a copy of the letter consider it proper to commence target practice until the addressed to tile Department by the commandant of the mel were more thoroughly drilled." New York navy-yard, dated the 21st instant, relating to the Why, sir, he had about three hundred of them examin ation and inspection of the steam-friigate San Ja-out for nine months previosly, in which he cinto, together wi:th a copy of tihe report of inspection. Vey respetfuiy, your obedient servat, mght have drilled them; and is not target practice Very respectfully, your obedient servant,..... J. C. DOBBIN. with small-arms a part of the drill of a naval Captain C. K. STRIBLING, late in command of the Unitet sailor? It is an important part; for, although he States steanm-frigate San Jacinto, Washiftgton, D. C. may not walk very well, or stand very elegantly, Mr. Stribling's answer was on the 28th of June or though he mnay be a little clumsy with his gun, — sx days after the board met. He was no doubt if he shoots well, that will make up for all his exceedingly busy, notwithstanding the little ad- other deficiencies; but he did not want that done. vance these gentlemen made in the previous cau- Oh, no! Agailn: cus, and the caution which had been given tllem: "' The boats were not fitted, as the inspectors state, for he had found hinmself very much engaged. After mounlting and landing the boat-guns; they hcad, however, six days he found time to answer. Here is what bene used in the boats, as the reports at the Office of Ordhe says: nance andc Hydrography2 will show. The fact that the landin of the stores of' the ship had commienced before the W(. VASHIrNGTON CITY, J'te e 28, 1855. iolspection, will to a great extent account for anmy deficien" SIR: I have the honor to acknowledge the receipt ofyour cies at the guns of grunme ts, wads, sllot, &c.; and the letter of thle 2Cd instanmt, inclosing the report of the inspecting dissatisfitetion of the crew at the prospect of being transofficers upon the condition of the San Jacinto. I cannot ferred to anotler vessel, under miew officers, and all its refrain firom expressing my deep regret and smortificatioln attenclant evils. prevented that alacrity and zeal usually that such a report should have been made to the Depart- exhsibited by a crew about to be discharged. mcect. " I am, sir, very respectfully, your obedient servant,'" In justice to myself and those I have lately had the C. I. STRIBLING honor to conlmand, tlougih the responsibility is my own" — "' Captainl United States Navy. Here is magnanicnity-" the responsibility is "Hoi. J. C. DOBBIN, Secretary of the 1Navy, Washingtomn.. all my own." That is valorous. I like a man "All its attendant evils." What are the evils who is willing to assume the responsibility. There in transferriag men to a ship? Only tell them to is no truckling. He had no dread of arraignment. take up their duds and go —a very important nmatHe felt himself superior to question; therefore the ter! T'hey leave no furniture there, and take notine responsibility was his own. The passage con- with them but what is personal to them. I suptinues- pose these men must have been very unhappy -" I beg leave to call your attention to one or two facts, when they came to be transferred to another veswhich, if rightly considered, will, lhope, tend to eliev eel because they must have had a lorious, easy, me from thle censure of the inspectingr officers, and alter the se', cse they ust av e s, easy, impression which may have been formed from it, injurious lazy time there, doing nothing, sailing along a to my professional reputation." fine vessel, and pretty " clean," too, they say. They passed no censure on him; they reportetl Well, now, this explanation is " perfectly satisthe facts, and no censure is stated, but it is implied factory 1 " It is nothing but thle most flinsy excuse in the facts themiselves. The facts are a condem- in the world,which would disgrace ally officer, nation to the officer: for his ship not being in trim in the face of the " It is within the recollection of tile Department, that the enemy. If it had been in the military service he 13 would have been shot for such inefficiency, or if But it is entitled to some distinction because it is spared his life he would have been degraded in without a parallel. rank. This is the first time in my knowledge, or But, sir, my friend from Delaware has said that in the history of the Navy of the United States, Captain Du Pont has done a great many things, as far as I am informed, where a vessel was ever and, amongst others, that he absolutely wrote a reported in such a condition on her return to port. book for which he received great commendation; What! the hose too short! Had he not powel, but, sir, that book has given him no very great when refitted at Boston, or when he came In from credit, according to the fact which I shall proceed his former cruise a month or six weeks before, to to state. Du Pont was a member of a board apcall on the Bureau of Construction and Equip- pointed by Secretary Kennedy in the fall of 1852 merient, to tell them of the difficulty, and have every- to prepare a code of rules and regulations for the thing fitted up-have all the deficiencies fixed, and government of the Navy, approved and issued in the vessel in complete order; and if it had not been March, 1853, a few days before the change of done then they would have been to blame? He Administration. The present Secretary, enterwas bound to report to that bureau, and, if he taining doubts upon the subject, submitted the did not, it was manifest to the Secretary of the case for the opinion of the Attorney General, who Navy on this showing that lie was deficient and pronounced it " null and void," the board having culpable in his duty; and, instead of remaining exceeded its jurisdiction. This PRINTED CODE, a member of this-board to try his fellow-officers forming a volume of two hundred and fifty pBaes, for misconduct, for delinquency, for want of and costing many thousand dollars, became a dead qualification for duty on shore and at sea, would loss in consequence of this board having no definite it not have been becoming in the Secretary of the knowledge of matters more legitimately within' Navy to notify him that he was released from their province than framing and executing laws further action on the board, owing to the stigmla to promote the " efficiency of the Navy.5 that had been placed by this report upon his You see what a latitudinarian this fellow Du. reputation? Was it fit and seemly that he Pont is. [Laughter.] There is no telling what should remain as a judge on gentlemen of chiv- he will not have his fingers in; if you give him airy, of carefulness, and attention to their duties? an inch, he will take an ell. But what did he do? Why he gives him one This printed code cost perhaps $20,000 to pubof thie most courteous, kind, amiable responses, lish; it became a dead loss in consequence of the perhaps, that has ever been written or printed. board havin no definite knowledge of the matT he Secretary, after referring in his letter to the ters legitimately within the provisions while they correspondence that had taken place, says: were framing and executing laws to promote it. "I deemed it my duty to call your attention to the report, Now, sir, that is the book reputation which Du and-am gratified that lmy expectations have been realized Pontobtained. It is between hinm and the Attorney in receiving a satisfactory explanation." General; and to tell you the truth, I am somewhat He called attention to the matter because it was in the situation of the woman when there was a his " duty;" he did not wish to do it! Did you fight between her husband and the bear. She ever see a gentleman so amiable? The explana- said I' I will stand off; I might get scratched if I tion was perfectly " satisfactory." He ought to interfere; I shall not say a word." [Laughter.] have removed Stribling instantly; and if the But, sir, I have a great many other things to President had cognizance of it, and knew his duty which I would direct the attention of the Senate; as an executive officer, instead of placing him in for as I do not speak often, I want to say a good a position to strike off the heads of honorable deal when I do speak. I will now read a copy of men-men who had performed their duty, and a letter from the Navy Department to Commodore discharged the trust which the Government de- Hull, dated December 16, 1839. I will remark manded of them, and strictly adhered to discipline that this is a copy taken fiomn the letter received and principle- he should have relieved him from by Co nimodore Hull, but I find in the printed further service by notification that, " by virtue documents among the information called for by of the prerogative placed in my hands by the the Senate, that the word " sex " is omitted in Constitution, I relieve you, Captain Stribling, page 46; but in the copy that I have,that word is from furither service-notwithstanding you have used when referring to the action of Mr. Du Pont, been the foster-father" —no! I beg palrdon of my Mr. Pendergrast, Mr. Missroon, and Mr. Godon, distinguished friend from Delaware-I believe it all of whom were members of this board. was Captain Du Pont who was the foster-father I Mr. MALLORY. If my friend from Texas of the Naval Academy; but this gentleman was will allow me, I desire to ask from what that the principal there-was at the head of it for a copy is taken? Is it a departmental copy? long til-e. Mr. HOUSTON. It is not a departmental copy. What will be thought after this exhibition- I went to the Department, and the copy there the strangest that has been made in tire face of contains the error which is in the printed docuthe Anmerican people or the American Senate i? ments on our tables; but the sense will show, as Thisgetleleman was at tle head of the NavalAcad- I do also the circumstances notorious at that time, emy for four years; and we nmust look for bright I that the disrespect to Commodore Hull's family middies" when they come out froml there, after Ii was one ground of complaint between these offigraduating, to take charge of our frigates and i cers and the commodore. The insertion of the men of war. Is it not a beautiful commentary wvord "sex " will make it sensible, and without upbn their chances? Yes. These are the men that word it will not be so. who are to build up the Navy, give it efficiency, Mr. MALLORY. I only ask that it may and remove the "dry-rot." Sir, this is one that appear that the copy now read to us is not the I would call a hard case-one of the hardest cases I copy coming from the Department, which we in that line of business in the Navy. [Laughter.] have printed before us. 14 Mr. CLAYTON. Willthe Senator from Texas thing, and would impugn the chivalry of the genallow me one moment? tlemen implicated; but I will waive all remarks Mr. HOUSTON. Yes, sir. on that, and not attempt to make any capital out Mr. CLAYTON. What the Senator refers of it at all. to, I believe, is the letter of the Secretary of the The ilext thing he says is, that Du Pont, MissNavy, of the 16th of December, 1839. Now, I roon, Godon, and Pendergrastask the honorable Senator if he is not perfectly -" appealed to the public in communications disrespectful well acquainted with the fact that, after that letter to their superiors, and violated the lolg-established rules was written, and after Secretary Paulding invest- of the service by publishing an official correspondence igated the whole case, he wrote another letter ac- without the consent of the Departlent." knowledging the errors which he had committed, I call on my friend from Delaware to notice and making tample atonement for the errors in that, and I ask if Mr. Paulding took that back? that dispatch of the 16th of December. He ac- Mr. CLAYTON. Yes, sir, he did. quitted Du Pont and )his friends entirely of the Mr. HOUSTON. That is a matter of history. accusations made against them. Is not the Sen- Did he take that back, and say that they did not ator from Texas perfectly aware of that fact? publish an official correspondence without the Mr. HOUSTON. I will be very happy, Mr. consent of the Department? President, to respond to the inquiry of the hon- Mr. CLAYTON. He took it all back. orable Senator. If I were disposed to be disin- Mr. HOUSTON.:No, sir; for that would genuous, or to evade the truth in any way, I might contradict himself; but he says that he excuses do so, but I will not. My friend from Delaware them: and why? Because, after they had been the other day took full latitude in spreading all ordered home by Commodore Hull, and had these disavowals through the channel of the news- returned, by combination or otherwise, they made papers, so that he is in advance of me; but he did most explanatory and satisfactory reports. Yes, not read this letter; and I will convince him that sir, the four gentlemen, Messrs. Godon, PenderSecretary Paulding did not, according to his let- grast, Missroon, and Du Pont, made long reports, ter published the other day, disclaim what he had friends stepped forward no doubt, political influbefore done, or say that it was ex parte. I will ence was exerted, and they were ordered back. show what Commodore Hull said in relation to Their reputation would have been lost if they had the matter afterwards. I intend to treat the sub- not returned! And when the Secretary ordered ject with great failness, and I do not intend to them back, he sent a letter to be read on the exonerate these men from charges with which quarter-deck of the ship, exculpatory of them so they are justly branded, and which neither time far as it could be. He did not contradict those nor circumstances can ever wipe out. charges which he had made himself, from his Mr. CLAYTON. Does not the gentleman own personal knowledge. But think you not admit that Secretary Paulding says, in his last that he had personal knowledge of these publicadispatch, that his dispatch of the 16th of Decem- tions? The charge was such as should have ber, 1839, did injustice, and that he virtually brought dismissal to an officer, and for which his retracted the whole of it? name should have been wiped fiom the register Mr. HOUSTON. Yes, sir: but then he did of the Navy. Certainly we all know that much. not say that he was a liar, which he would have to I know that such would be the case in the Army, say if he justified them; because he stated facts, and I presume the discipline of the Navy is which he never revoked. Let the world judge. equally rigid. I will ask that the word may be marked in my Mr. Paulding never took back that charge, and speech in brackets to show that "' sex"is wanted. when he ordered the officers to return, what did My copy is identical with the one taken by Com- they do? They went all over Europe, traveling modore Hull's captain, who was with him on wherever it was most areelable. They did not the station when the letter was received. The join the ship for five months, and then insulted letter does not make sense without that word. Hull when they went on board his vessel. Mr. Paulding says: Mr. CLAYTON Will the honorable Senator;"Yet it is with great regret the Department is obliged to allow me to ask him what is his authority for state, that no sooner had they set foot on board this noble saying that Du Pont went traveling all over Euship, than the officers of the ward-room, who ought to have rope after being ordered back to the Ohio? set an example of respect anad subordination to their ju- Mr. HOUSON. His own letter, I think. niors, entered into combinations and calsal. calculated tos own letter, I think defeat every object for which she had been fitted out. Mr. CLAYTON. It is utterly untrue. They clamored against the arrangelments that had been Mr. HOUSTON. I have not read all the letters; made by the navy commissioners for their accommodation, they are too long and explanatory for Ie. as if a ship of war were intended for that purpose alone; r CLAY -iTON n-le. they lost sight of the respect and consideration due to that Mr. CLAYTON. Then you know nothing [sex] which every gentleman, and most especially every about it. officer, should feel it his pride to cherish on all occasion." Mr. HOUSTON. Did he not makle an apology W~ithout the word " sex" it would read: and explanation?'" They lost sight of the respect and consideration due to Mr. CLAYTON. No, sir; lie did no such thing. that which every gentleman, and most especially every Mr. HOUSTON. He made no explanation? officer, should feel it his pride to cherish on all occasions." Mr. CLAYTON. He did not; I am speaking The insertion of that word makes the'passage only of Du Pont. complete, and that it should be there I have no Mr. HOUSTON. Well, I am glad that he did doubt. I shall not insert the word;as though it not. He had no apology, and the others made were undoubted; but it shall go to the world that very bad ones; he is in a worse situation than I I believe it should be there, and I think my opinion thought he was. [Laughter.] will be vindicated. I must now be permitted to say a little about a Such a charge as that would be a very gravcec combination or cabal which existed from the very 15 time they first set foot on that vessel, before she the Navy, to some extent, as well as anywhere left the port of New York; and they would have else. been ordered back at once, if it had not been sup- But, sir, while speaking of Du Pont's writing, posed that it was too late to make the necessary I wish to bring another production of his to the transfers in order to supply their places. Captain notice of the Senate. We hear of his chivalry, Smith was the furnishing officer to supply ac- and my friend from Delaware read to us the most commodations and other things necessary; and remarkable actions I ever heard of. The comthey insulted him in a correspondence which they modore said it was one of the grandest things had with him, or at least Mr. Du Pont did, for I that ever was done, and his letter was read, and am speaking of him especially. I intend to have it read again. It is beautifully Mr. BAYARD. It is untrue. written, and one would really suppose half MexMr. HOUSTON. I say he insulted Captain ico had been slaughtered, and this was a modest Smith. recital of the carnage. [Laughter.] It is one Mr. BAYARD. In making that statement, of the most extraordinary: things I have everwill the honorable Senator tell us upon what the seen. Du Pont landed with one hundred and one allegation rests? men near San Jos6. HIe marched to Lieutenant Mr. HOUSTON. On the correspondence. Heywood, a mile and a half or two miles across a Mr. BAYARD. In the correspondence, Cap- creek, ankle deep, and he talks of walking across tain Smith himself says that the letter of Lieu- waters, and so forth, making a terrible splurge! tenant Du Pont was perfectly respectful. Heywood, with thirty men, made a sortie with Mr. HOUSTON. The Commodore did not. his little garrison, which he had defended for Mr. BAYARD. I have read the letter, and, if some weeks, and joined him as he was advancthe honorable Senator can make insult of it, he ing. He killed a man as he charged, I believe, and has a power of perversion greater than that which wounded several others; and all that was done he has already exhibited to the Senate. by Mr. Du Pont was to get four men wounded Mr. HOUSTON. I do not know how times and two only disabled. He says it was marching are now, for it is long since I have been subord- in the hottest fire; and when he comes to coninate to rules and regulations; but it struck me, elude his official report he says'that the number when I read it, that at one time, in 1812, 1813, of killed is unknown. [Laughter.] But friendly 1814, or up to 1818, it would have been considered Californians say it was from thirteen to thirtyinsubordinate to a superior in the Army, and I five. [Great laughter.] Is not that a large marsupposed it would be the same in the Navy. At gin? I thought of Falstaff and his buckram men all events, Commodore Hull, by the return of when I read it-two swelling to eleven, Ibelieve, these gentlemen, felt himself humiliated and de- and all Kendall Green comingin to boot. [Laughgraded. Here is what the Secretary of the Navy ter.] Lieutenant Heywood corroborates that said in his letter to these officers: statement; but they found none of the men who " Had this comlbination succeeded in attaining its object, were killed! What complacent boasting! In here would have been an end of that power lwhich the describing this event, which I have done in two lawsv have confided to the head of the Navy Depaltment, or three sentences, Du Pont occupies no less than and that respect and subordination so essential to the service; the (direction of the Navy would have reverted to four pages of the public documents-the most those whose province it is to receive Lanld obey orders; and voluminous communication I ever saw for such a cotbination of officers might at all times drive the Depart- an event. Lieutenant Stanley,who, I believe, has ment from any measure it thought proper to adopt." been dropped or furloughed-I do not know He is speaking of facts within his own knowl- which-achieved a very handsome exploit, and edge; and this he could not take back when he I think he made his official report to his coinwrote the exculpatory letterto Commodore Hull, manding officer in fourteen lines. He rowed predicated upon their application; and if Mr. Du fifteen miles up the beach, landed forty-five men at Pontt did not do it I must have overlooked some- night, marched twelve miles into the interior, took thing in the correspondence, for I did not wish and. spiked three guns-one eighteen feet long, to read it all, as it was very voluminous; and, another sixteen and a half, and another twelve besides, I had a dread of him, for I had read his and a half feet long. He spiked them-compoofficial report at San Jose, of which I will speak sition guns-and returned safely in the face of directly. [Laughter.] Itisremarkable inits way. an enemy, supposed to number three hundred. Now he speaks of Du Pont's letter, and I say He made a little report of fourteen lines; and he he never took this back. Mr. Paulding says: is one of the gentlemen' who -has been over" The letterof Lieutenant Du Pont is not such a one as I slaughed. Stanley was engaged in three other had expected fromn an officer who ihad heretofore sustained actions there, and he is one of the most chivalso high -a character in the Navy. It is not couched in lan- rous and gallant men of the Navy. The only guage becoming an inferior addressing his commanding officer; and his refusal to accept the concession, of which complaint which is made against him is that he his brother officers availed themselves, savors more of pet- is quarrelsome! Sir, I like sailors to quarrel in tishlmess than dignity or of manlhiness." times of war, and do it effectually. It is a good He took back none of these charges at all; but, notion, and I would not discountenance it. to gratify the gentlemen and their friends, he But, sir, from the laudations passed on Du ordered their return. What may we reasonably Pont by my friend from Delaware the other day, suppose to have been the cause? The facts had I do not know but that some other members of not changed since the first rebuke which he ad- the board ought to feel a little irritated and unministered; but it would have blasted the young easy. He says Du Pont was the leading spirit; men's reputation if they had been sent home in that he always leads from the force of his superior disgrace by the Commodore. He must save the intellect. I do not give the language,but I believe mortified feelings of them and their friends. It I give the general idea. Then he places the rest is a natural thing. I believe you will find it in of the board in a secondary position, although 16 some of them were of superior rank. Really, it They are gentlemen in bearing. Some I have is not to be wondered at that this man should be known for thirty years as chivalrous, elegant men, conspicuous here, and should love fame and dis- of fine persons, active, and in the prime of life; tinction. My friend did not say that he was not yet they have been stricken down, their prospects the most modest man in the world. He was not blasted, and their honor destroyed. These are charged with vanity or a love of praise, of course; the men who are unworthy of peership with the but a proud and gallant man is, and ought always gentlemen of the board. They love praise, they to be, fond of praise and just laudation. I am ove glory too,but theylove to earnit before they furnished with a very remarkable fact in relation wear it. to him. I have described the battle of San Jose, The Senator from Delaware told us that Mr. in which that landing took place, the march of two Du Pont had nothing to dread from an investigamiles, and at the most four wounded. A doctor tion of his character; that he had received the tookl out one ball. Really, it was like a fight indorsement of the Secretary. It is a singular that took place on the frontiers-I will not say coincidence that he was associated with Missroon, precisely at what spot-but I can prove it by my Godon, and Pendergrast at the time when they colleague. It was thought there were about were arraigned in 1838, 1839, 1840, and 1841, thirteen killed; that was the whole number that and when they lay under censure. They have could be found; and you know, sir, if a man kills maintained, no doubt, a fine social feeling for game and does not find it, it is just as good as if each other firom that time to this; but is it not a it were not killed. They found but thirteen;and singular coincidence that being indorsed, they when they came to make out the official report it should all meet on the board again-all friends was asked, how many do you think there were? again by continuous friendship-united in the Some one said thirteen. Oh! said another, thirty ties of brotherhood? Two of them, we are told, or forty! Well, said another, there was at have been very unlucky in being called to acleast eighty-sew-en, s put down eighty-seven, count fortheir actions; and my friend thinks the [Laughter.] They slept on it that night, and members of the board are not bound to fight this number did notappear large enough; and the everybody of the two hundred and one. I will next day an addenda was made to the report, or not encourage reclamation of that kind; but if rather a second report more official than the other, gentlemen of the Navy happen to cannon on one making out one hundred and fifty killed. [Laugh- another and jostle, it is their own business, and -ter.] It was just so with this account of the Cal- they have to settle it. I hold that every gentleifornians; there were between thirteen and thirty- man is to be the judge of the injury which he five killed. That is a very wide margin; but there receives, from whom he receives it,'and the remustbe something d6ne! The fact is that no one dress he is to require. I am not going to restrict was killed, as far as ascertained, but one whom it. I will discountenance it by a repeal of this Lieutenant Heywood killed, charging out with his I law, restoring them all to their proper positions, thirty men to meet Mr. Du Pont, who had one placing them where they were, and then no hundred and one men. But he must swell this' wrong can be done. The President -will have into importance! Would anybody have thought! the power to order a court of inquiry into cases the marching of two miles, and cooperating with of doubtful utility and character; and upon a the gallant little band that had been beleaguered court of inquiry reporting the facts to him he has ~*there for such a length of time-would he have the function to displace such a man fiom the thought of claiming glory and praise, when Stant- Navy. Let us create a list for the retired and ley had fought a number of actions, and I do not furloughed; and let him, on the examination of find that Commodore Shubrick ever thought one surgeons, determine their disability, and retire of them worthy of a note? them for age, wounds, or disease. By this course There were others who acted gloriously in the we should follow the recommendation of the preswar with Mexicowho fared badly. Stevens,the ent Secretary of the Navy. He suggested that he companion of Heywood, who defended that little should have the power of recommending culpably fort at San Jose, and who is spoken of in terms inefficient officers to the President for remioval; the most laudatory and approving, was dropped. the President should then lay them before the Ochiltree-a gallant young fellow- spoken of on Senate; and the Senate concurring with the Presithree occasions in the Pacific-once at San Jose, dent, he should remove every man who was useanother time at Guaymas, and I believe at Ma- less, or who did not deserve a place in the Navy. zatlan, was also dropped. The cause of it, per- This was suggested by the Secretary of the Navy haps, is that he went on a spree sometimes on previous to this unfortunate, and I will say crimland, but never while at sea on duty. That is a inal enactment. If this suggestion had been folterrible thing! lowed, we should have had peace to-day; we Mr. WELLER. I know him, and he is a man should have had the Navy with none in it but of fine habits, and a gallant officer. those who should be in it; and only those removed Mr. HOUSTON. He is a gallant, generous, from it who were inefficient or unworthy of it.. noble fellow; and I know his brother, a citizen of But it is different now. I have not seen or heard Texas, a man of distinction and ability. Ochil- of a man who has been removed, who was in the tree bears that reputation. I am glad the honor- least intemperate, or gave evidence of intemperable Senator from California knows himn person- ance; and yet this wholesale charge is made. The ally. It is a privilege which I have not; but I officers may, when off duty, for aught I know, would be glad to greet with fellowship a man of indulge; but I say they do not bear that appearhis character and nobility of soul. He has been ance. They are gentlemen, as far as I can judge; -dropped. He is not a drunkard, but I suppose and I have sought to become acqainted with they say he is one of the " hard cases. " I have themr so that I might judge impartially. Unfornoticed the dropped officers who are in tlhe city. tunately, I heard of one of the gentlemen who 17 has been retained-but he is one of the "hard speech, for I wish to accord all justice to this cases," I reckon-one of the hardest in the Navy gentleman. I will use it with more cheerfulness —;who was helped into a hotel and carefully laid because my friend from Delaware [Mr. CLAYTON] by to be taken care of; but I do not suppose he selected it as an evidence of the merit of a memmeant any harm by it. [Laughter.] It happened ber of the board; and for the purpose of sustainjust unexpectedly, he not being habituated to it. ing his action and the action of the board, I pre[Laughter.] sume, in the course which they have adopted. I I propose now to gratify the Senate by one of am perfectly willing it should go out to the world the most tasty and agreeable things I have ever in my speech. I wish the Secretary to read the seen. It is an extract from a letter written by letter. Captain S. F. Du Pont, dated " Cyane, off San The Secretary read as follows: Jose, Lower California, March 5, 1848." This UNITED STATES SHIP INDEPENiDENCE, is an extract: MAZATLAN, FeJbruary 25, 1S48. " MY DEAR TIIORBURN: * * Tle letter to SIR: I have the honor to forward herewith reports from my soldier friend to replace an official one, vas purposely Commander S. F. Du Pont, and Lieutenant Charles -Ieyrehanded, that our naval friends, if they felt interested in wood, dated 16th and 26d February, and 21st and 6ad same our doings, might have the benefit." month. I want words to express my sense of the gallant conduct These are the doings I told you of-nobody of these officers, and of the officers and men under their killed, nobody hurt. command, as detailed in their reports; but feel that I am Mr. BAYARD. W~hat is the date of that perfectly safe in saying that the annals of no war canll frnish instances of greater coolness, of more indomitable letter? perseverance, of more conspicuous bravery, an d of sounder Mr. HOUSTON. March 5, 1848. judgment, than are to be found in these details. They will Mr. BAYARD. Is it a private or public letter? be read with pride and pleasure by the Department, and by ir. USTON. it is private; ut I will give every American, and will secure to all concerned a most enviable place in the estimation of their countrymen. you the name. There is no secret about it; none I have the best reason to believe that these reports, so at all. Listen to the language of this portion of far from overrating the acts of those concerned, are strongly the letter; he thinks he had absolutely electrified imbued with the modesty of true courare, which adheres the world, and he did not know what would itOfesthanbumtrinks from exagleratiogn and lather diminisl-es than magnifies its own deeds. happen. FHe says: The satisfaction arising froIm this brilliant victory over " But it seems you did not deigna to vouchsafe one single the enemy is clouded by the fall of' Passed Midshipman word in reference to them." Tenant MeLanahan, a young officer of great promise. Ile -That is, ini reference to the glorious achieve- received the fatal wvound standing by the flag of his country, and died in the hour of victory-an early but enviable death ients which I have described. -placing his name high on the roll of those who peril all "I candidly confess some disappointment at this, perhaps in the cause of their country, and gio ing to his afflicted a little the more as the Cyanead been loud in tumet fiends te mournful satisfaction arising from the reflection the very clever doings at Guaymas of the Southampton, that he has sealed a life of honoi witl a death of glory. and would have been pleased with even a faint whistle in The presence of the Cyaneand the ecellent judgment return." of Commander Du Pont and Lieutenant Heywood, will, I hope, secure the garrison _at San Jos6 fiom further molestt[A shrill and lengthened whistle, such as a boat- tion until the measures whichl Go;ernor Mason informs me swain gives when he pipes all hands to quarters, he is taking to send reinforcemenltsinto the territory can be or to grog, was the Senator's illustration of the effected. passage which he read, and it astonished and I have the honor to bh, very respectfully, your obedient servant, WIM. BRANFORD SHUBRICK, amused the crowded galleries.] Commanding Pacific Squadron. The Southampton had been lauded and trum- Hon. JoNts Y. MASON, peted, and a little trumpeting here would have Secretary of the Navy, fWashington, D. C. been acceptable; but if the trumpeting could not Mr. HOUSTON. This letter says, in one come, they would take the whistle. Well, sir, part: the letter again says: " I have the best reason to believe that these reports, so'" re have been truly gratified yesterday by showers of far from overrating the acts of those concerned, are strongly official and friiendly gratulations from Mazatlan, but these imbued with the modesty of true courage." certainly would not have made yours less acceptable." Tlis is evident, because Du Pont, after the That is on the principle of " you tickle me and trumpet blast given to the gentlemen of the SouthI'll tickle you;" but Thorburn did not do this, ampton, was so modest that he was willing to even after this intimation that a puff might go put up with a whistle for the Cyane in return. intothe papers,and the poor fellow has been struck [Laughter.] It was the modesty characteristic down-one of the best sailors in the Navy, I am of cool courage, to describe a march of two miles, told, or as good as any. This shows you the and killing nobody, as one of the greatest achievelove of praise and the laudable ambition of this ments in our annals; and I believe he says, it is distinguished man, whose reputation my friend "without a parallel." Yes, sir; Commodore from Delaware [Mir. CLAYTON] thinks is so im- Shubrick says, that there cannot be found an inportant to be taken care of. I have not assailed stance "of more indomitable perseverance, of it. I use no epithets. I have used documents. I more conspicuous bravery, and of sounder judgdo not say that a man is dishonest or not a gen- meat. " I think the "'judgmneint " in the case was tlriman. I do not say that, whatever may be my excellent, and I do not wish to detract from it; private opinion. [Laughter.] but he had the cool judgment, either not to go, Mr. BAYARD. Will the honorable Senator unfortunately, into danger, or the luclk to save allow me to see the letter he last referred to? all his men and get none of them killed. ThereMr. TH.OUSTON. With pleasure, (handing it fore, I think that is good judgment, and cool and to him.) i deliberate courage. [Laughter.] Sir, I have read Mr. President, I will ask the Secretary to read reports of the battle of New Orleans; I have read a letter froml Commodore Shubrick, dated at of other distinguished battles; I think I have read Mazatlan. I am willing that it shall go into my the reports of the battle of Waterloo; and I believe the first bulletin that come out was not in length 16th of May, "to take command of the Pacific squadron," equal to this one at San Jose, and fell far short anid am sure that the exercise of your command will redonled to tbe honor of the Navy and of the country. of it in description. [Laughter.] It may be Having been led, by the late Secretary of the Navy, to "modest," but I only want it understood that believe that this command was intended for me, and such when you come to sift and analyze it, it is one of appearing now not to lave been the case, and eillg ritlout the` most extraordinary doc~uments ever published; place in the squadron, I request that you will allow me to.th most extraordinary documents ever published; return to the United States; taking passage in the Savannah and I do not wonder that a code of laws, or.a as far as Valparaiso, and thence crossing the Isthmus. system compiled by the author of this report, I am respectfully, your obedient servant. should have been condemned or ignored by the IV. BRANFORD SHUBIIIC, C *, >, CacW)tain United ANtORtes H RavC Attorney General, though my friend from Dela- Commodore JAtai ited States NaDDLy. ware thinks it is very clever. [Laughter.] Conmmanedi.cg Pacific Sqtuadrons, 2lsonterey. My friend from Delaware says that the indorse- Now, I will read'the reply of Commodore ment of Commodore Shubrick is sufficient for Biddle: him and sufficient for Du Pont. I have nothing UNITED STATES SIP COLunuS, to say in relation to Commodore Shubrick further MONTEREY, Mlarch 6, 1847. than as a member of that board, and as a public SIR: I have received yourletterofthe 5th instant. Your officer. PNot knowing him, it is not my business return to tile United States at this time will be injurious to; to cast reflections upon him. I have no desire to the service; and will, I think, under the circun stascees be injurious to yourselL The instaht information of peace is do it if I could. In all matters I am disposed to received —and we may reasonably expect to receive it treat individuals fairly; to examine in to facts, and soon-I stlall be happy to transfer the command to you, and firomn those facts to d rawt such deductions as I feel leave the station without waiting fbr instructions to leave. warranted in doing. If I am not correct in my I wish you would reflect a few days upon this subject, and let me know the result of your reflection. deductions, I am aware that the sagacity, and the Very respectfully, your obedient servant, ability, and the analytical power that is to follow JAMES DIDDLE. me, will riddle me like hot shot. I propose to Commodore W. B. SHUBRICr, examine the records of the Navy, and see whether United States Ship Independece. they are sufficient to induce us to rely upon Let me read Commodore Shubrick's reply to Commodore Shubrick's indorsement. Lieuten- he letter of Commodore Biddle: ant Maury has been reflected on for having asked UNITED STATES SuIP INDEPENDENCE, to be relieved from service on certain vessels in MoNTaREY, ICarc 6, 1847. time of peace. I shall show whether or not that SIn: I have received your letter of this date, in answer time of peace. I shall show whether or not that tao imine of yesterday. was a justification for striking him down, and Your opinion, that my "return to the United States at whether or not the same rule was applied to the this time will be injurious to tile service," is sufficient to mnemberisof the board. I understand,lhowever, decide me, without the few days' reflection that you recoimthat their appointment as members of the board In matters where the interests of the service may come precluded all investigation into their conduct and in conflict with my individual feelings, it has always been character. That indorsement ruled out every- my rule to yield my own opinions to the opinionIs of those thing like examination or inquiry. Remember, in vhose jcdgmnnt I have confideice. I do in this case, and will remain in the squadron until I canll hear froim the Maury has been reflected on for asking to be re- Secretary of the Navy. lieved from sea service. I wish to read an extract I am, very respectfully, your obedient servant, from a letter of Comnmodore Shubrick, dated the W. BRANFORD SHUBRICK, 6th of March, 1837, in which he says: Captain Unlitel States Nacuy. Commodore JAMES BIDDLEi " On the 2d instant Commodore Biddle arrived. He was Cocamaiding Pacfic Sqzadron, MIonterey. kind enough to filrnish me with a copy of his order to'take comminand of the Pacific squadron' and'carry into effect In a letter to the Navy Department, Commothe orders of the Department,' and has signified his inten- dore Shubrick says: tion to hold the commiand during thle continuance of the lioar. o "As soon as the Department can turn its attention to the "You will see at once, sir, in how unpleasant a situa- arrangemnellts consequent on a ch uge from the state of tion I am placed by this disicnlgecnuus, (respect for the De- war to oce of peace"cartmient alone restrains mne from using stronger lanIguagf,) This was in 1847, before peacethis uwcandid condi.ct of ithe late Secretary. It canlnot be i cI hope you will think of my situation, which is as unsupposed that tlbere is the least occasion for the additional - force of the Columbus; and it is clear that, in the opinion pleasant as it can possibly be made. I am informed by o Commodore Biddle that he has conifidential orders to return, of thie late Secretary, it was nsot the Columus, but Com- he has con order mdaiore Biddlne, that wsas needed here clulinmr the war. and I presunle he will leave Monterey soon after I rejoin Onakitpaifiioceymhi m. This affords me no satisfaction; what has passed that I owed it to mlyself to return to time United States, nd camniot be recalled; acd my only wish now is, to rettrl in I asked pemmissionn of Comnnodore Bicddte tni take passage this ship or the Congress, and leave tile command of the in the Savannah. A copy of our correspondence on the Pacific Squadron to some one wliose ardor is yetmtndamped subject is annexed, and you wmill see why I have remainerl. by risapponlctment, acd who will therefore be able to "And scowc s rir, relle my request to be aloxwed to re-'discharge its duties ill a manner more satisfactory to tile turn to the United States at as early a day as possible, and Governmeit." in any way ttiat you may please to direct; but I need not IHere is his last letter: say that it would be a gratificiation to me to return wvith my pennant on a ship of the size of a fiignate at least." "T alington, Dictricf oC ecs tia." WF'ashington, District of Columnbia." That was Commodore Shubrick on the 6th of - r. Bancroft was not then Secretar March, 1847, in thie midst of tile war. But whatTES does he say further? I have the correspondence MI ONEREYv, Septembaer 28, 1847. and I will read it, because it is of interest, and SIR: Mr. Toler arrived here yesterday in the Preble, because thle innuenldoes can be as well explained floce Ca11a, and brought me several dispatches froci the by it as by any nelandgluage I could use. DepartInent, and your letter of tlhe 7th of May,.in answer to an application imade by cme in January last, to be allowved UNITED STATEs STATES SHIP INEPENDENCE, to return to the United Stattes in the Congress fiigate, when _MIONTEREY, ctIarch 5, 1847. the termls of servlice of the crew of that ship shoulnl expire. Sin: I have the honor to acknowledge the receipt of'lhe arrival of Commodore Jones vill be Imuch earlier your instructions from the Secretary of the Navy of the than I expected, but I have hopes that all that is important 19' to be done on the west coast of Mexico will be effected Mr. HOUSTON. I said that, by his suggesbefore his arrival; if not, however, it is my wish to remain, tion, the Saratoga returned from Rio de Janeiro; anid tender him my services as second in command, so log nd in a letter which I have read e says e cnas he may deem them of importance to the public interest. I have the honor to be, sir, very respectfully, your obe- not suppose " there will be the least occasion for dient servant, W. B3RANFOIRD SUtBRtICIK, the additional force of the Columbus. It is clear Commanasissg Pacific Sqrladsron. that, in the opinion of the late Secretary, it was This was nine days before the Secretary of the sot the Colusnbss, bst Commeisodolre Biddle, that was Navy gave orders to Commodore Biddle actually Ineeded here during the war." to go firom the East Indies. This was the 7th of Commodore Stockton and Commodore Sloat May, and Comimodore Eiddle was ordered there had preceded him — believe Conmmodore Stockon the 16th of May. ton had relieved Conmmodore Sloat, and ConnIn answer to an application:made by me in January modore Shubrick Comnmodore Stockton. Was it last, to be allowed to return to the United OStates" — not reasonable that lie should be relieved from This was January, 1847, two months after he commsand, if his continuance was not for the good got there. of the service? He was riot, in fact, ordered to -"il the Colngress fiiate, when the terms of service of be relieved; it was a mere intismation. He was the crew of that ship should expire."n not ordered to be relieved by Comsmodore Biddle Commodore Jones had then been ordered to until the 16th of May, and he had applied in Janrelieve Conmodore Shubrick. uary previous for leave to return. 01n the 7th of "But I have hopes that all that is important to be done May, Commodore Jones was detailed to ielieve on the west coast of Mexico, will be effected before his him. Others can judge as well as I can of the arrival; if not, however, it is mly wishto remain, and tender propriety of desiring to come hone witl his pendeei thev oes, importance to thlong s e public iterest nant when the force in the Pacific was not of a deon, the infeeince Is cleaplyulentoebes drawn clharacter to give much efficiency to our marine Now, the inference is clearly left to be drawn from this correspondence, that the Secretaryof operatifns. Itwasweak, evenwltllalltheships thse Nnvy, Mr. Bancroft, had treated Conlsodore vwe had there, if it was necessary to blockade at Shubrick uncandidly, and had concealed frosomhim a prominent point, and put down resistance to any intimation of the fact that Commodore Biddle this Governusent. It is very easy toperceive was to be comslander on that station. I-le said what is meant, for Coilmnodore Biddle says to that it was disingenuous, and, but for respect fort this tie, will be te Deparment e wuld y hrder hing.'"Your rettirn to tlie United States, at this tiiie, will be tlse Departinent, he would say harder thisngs. injurious to the service, and will, I tlhinkk be inljurious to When he used such language, the inference is yourself." clear that he had been klept in ignorance in rela- On reflection, his determination to leave was tion to it. Was that the case? When he sailed changed. What the motive was I do not pretend on the 7th of August, 1846, his orders bore this to say; I only state his determination. He had addenda different firom the orders which are gen- sailed in August, I think, and must have arrived erally given to commodores: between August and January; and in the month " Should Commodore Biddle be in the Pacific off the of January he applied for leave to return firom the shores of Mexico at the time vou arrive there, you will re- P fi port yourself to him; and, as long as he remains off the cO'ast of Mexico, you Will act under his direction in concert " This affords me no satisfaction; what has passed cannot with him, communicatings to him tlhese instructions." be recalled; and my only wish now is, to return in this Mi. PRATT. What is that document? ship or the CongiesS, anid leave the comlnmsimid of the Pacific squadron to sonie one whose ardor is yet unidamped by disMr. HOUSTON. Mr. Bancroft's instruction appointmnent. " to Shubrick when he sailed, in August, 1846. What was there to damp his ardor? Was it Thus it will be seen how the Secretary was the fact that he had asled to be returned home in chargeable with treating him uncandidly, and to January, and the Secretary of the Navy ordered what extent insubordination was carried on by himn to be relieved by Commodore Jones in May, the commodore himself, when he charged the and nine days afterwards Commodore Biddle Secretary of the Navy witl disingenuousness arrived, sooner than Commodore Shubrick exand a want of candor. He went further, and said pected? Were these circumstances calculated to there was no occasion for the Columbus in the damp hIis ardor or impairhis efficiency? No one Pacific. How did he know but that England or had complained of his want of efficiency, or of some other Power had formed a treaty of alliance his not having performed his duty to the Governwith Mexico, and that we should require all the menit. Mr. Mason had not charged him with fleet of the United States, and every squadron we delinquency or misconduct in office. had disposable, to defend our coast? We find Lieutenant!M\aury having' had his leg broken, Commodore Shubrick using his influence to pre- when traveling to join a sea-going ship, had to be vent one of the most excellent and efficient vessels relieved when his service was not material, and in the INavy, the Saratoga, finom joining our when he was suffering under great bodily injury. Pacific squadron. He was willing to take away If thatwas a reason justifying his renoval, here from the force in the Pacific in time of war not you perceive that, in time of war, shortly after only his own efficiency, if you please, but the its commencecelt, a conimodore conmmsanding a meanss and materiel of mneeting the enemy. He squadron asked to be relieved and to be allowed to knew not what enemies were to be maet on that return home from scenes of active military operacoast; and he certainly ought to have supposed, tions where one of the finest theaters was opened as a military man and a disciplinarian, that the to him-the whole coast of iMexico lay open to Secretary of the Navy was the competent judge, his operations, our whale fisllermen were out in and snot Conmimodore Shsubrick. that sea-and everything opening to bhim a field Mr. BUTLER. What ship did the Senator of glory. I have not knownany occasion during say Coummodore Shubrick wished to send honme? our war with Mexico, except some of the heavy 20 battles, where there was so great an opportunity that a gentleman who has distinguished himself for reaping glory. I do not say he was wrong in everythling that ennobles man, xwill not possiin this; but I say that Lieutenant lMaury's asking bly charge on a member of the board what I can permission in time of' peace, when he was suffer- explain to be an error. The honorable Senator lng bodily inconvenience and infirmity, to be re- alludes to the case of Lieutenant Maury, who had lieved from sea service would notjustify the board a leg broken, and said a member of the board had in striking him down, when Commodore Shu- his leg broken twice. He brings this example brick, the president of the board, in time of war, forward, I presume, as matter of complaint that, when in command of a well-manned and gallant if one was removed from the active-service list, squadron, wished to leave it, after he had been (and that was the predisposing cause for the rewith it only a fiew months, because his ardor was moval,) the other should have been removed also. damped by the disingenuousness or uncandid- I desire to make an explanation as to that point. ness of the Secretary of the Navy. The facts Lieutenant Missroon, in the active discharge of show ino provocation for the charge of a want of his duty at sea, had the misfortune of having his candor, or dissimulation against the Secretary. leg broken. It was immediately set while he was Sin, if tlhe Secrletary of the Navy had instituted at sea; and upon it he did two years' sea duty; proceedings against Commodore Shubrick for but finding that he would fail, and being devoted using such langguage, it would have been a matter to his profession, what did he do? He left no of grave investigation whether the words were stone unturned until he found surgeons willing to not defamatory, and whether they could be sus- break it over again. After two years he found tained by evidence. surgeons in the United States (having threatened Sir, I have no unkindness of feeling towards to go to France to find them) who were willing to the President of the United States or his Secretary perform the operation. He did submit to a mnost of the Navy; yet I do think it very unfortunate, painful operation; he had his leg broken over to say the least, that the Navy has fallen within again and reset; and on that leg he has since their control and jurisdiction. Neither of these performed seven years' sea duty. That is the gentlemen, though intelligent and able, had his explanation; and I hope the Senator from Texas attention drawn to that department of defense in will not bring up that case to tell against Captain such a way as to qualify him eminently for its Missroon. care. Every gentleman who goes into the Navy Mr. HOUSTON. Mr. President, I am always Department, owing to the condition of the vari- very glad to hear the gentleman when lie speaks; ous bureaus there, is placed in a mesh, unless he but I do not see that his explanation has any parhas some experience in naval affairs. He is un- ticular relevancy to this matter. It is true that acquainted with the details of the office. He finds some days since it was stated in discussion that men who have become rooted there. Since those Mr. Maury had received the injury of a fractured bureaus were established, twelve or fourteen years lim-rb. It was rather intimated that this was the since, they have had a controlling influence. He cause for disrating him, because otherwise his necessarily looks to them for intelligence; he has reputation was spotless. He had performed as to rely on them for information; and after awhile fair a proportion of sea duty, during the time he that reliance settles down to submission on his was in the service, as the chairman of the board, p art,andauthorityontheir partover hii m. Unless and more than several other members of the a man.has a master-will and unbounded capa- board. There could have been no objection to city to eviscerate a subject, and a will to con- him on this ground. His moral standing none can trol and manage it, he will inevitably yield to imipeach-none dare do it. Then what was the their machinations, and will feel himselfbn oundin reason for his displacement? I presume there the meshes by which he is surrounded, and at Itust have been some cause. Because lie limps? last must yield himself a victim to the designs of If that was the only cause for removing him, packed conspiracies. pray has he not performed duty since his leg was Mr. President, we are told that by the action brolken? I believe he has. Why has he not perof the board the inefficient alone were to be re- formed sea duty for the last seven years? Bemoved. Does not every one of us know that the cause it was refused to rimr when he applied for inefficient have not been removed; that men of the privilege of performing it. That is the reagreat efficiency have been iremoved: that men of son of it; and I desire to have it fairly understood. spotless reputations and hligh honor have been They must have had some pretext for it. He has removed; that men of skill in seamanship have performed as fair a proportion of sea duty as the been renioved, and their characters stained? We average of officers on the board, and ilis attainlinow that others have been retained who were mlents otherwvise are higher. Hie was like the characterized as a portion of the " dry-rot," in- tall poplar, and must be cut down. n I-1e was not stead of cuttinog that off, or separating itfrom thle only a sailor and a gentleman, but he was a man pure material. That has been the effect. It was of science, renowned throughout the world, disefficiency that was required; and yet men are re- tinguished by- honors wvhich no other cii'zen had. tainled in the serviice vho are not efficient-even For this he must be separated frorn the Navy, one of thie board himself had his leg broken and degraded. "Oh!" saytheboard, "we must twice, and Lieutenant Maury had a leg broken- be the elite; if we get but one wvlistle, we will take only once.' that. That will do some good. Ve will trumpet Mr. MALLORY. ~Will the Senator allow me you —you will whistle us; and if you do not, you to say a word here? must take care, Thorburn. We will strike you Mr. HOUSTON. ~With great pleasure. down in a whiistle." IMr. MALLO11Y. My fiiend fromn Texas I could speak of nunibers of others. Take the authorizes me to interpose an explanation at this case of Commander Sliaw —one of the best lookpoint very appropriately; for I anm very certain I ing men I see about Washington. Hlie looks as though he could himself alone give a broadside of it, and the words " according to the law" are to a seventy-four as quickly as it would have inserted in his prefatory remarlks in the notificae been done by Captain Stribling with his undrilled tion to them. Then, it was not by virtue of the crew. I would just as soon take a chance with prerogative of the executive that it was done. him as I would with Stribling, because the in- My friend from Delaware spoke the other day spection showed that before Stribling could bring of what General Jackson would have done. Sir, his guns into action, his vessel might be sunk. Jackson was incapable of doing anything that Shaw would at least have had two cracks at the did not become a man-a whole man; for he himenemy before they got nearer. He had an im- self was every inch a king. He was nature's portant command in the West Indies at the time; king. Ile was by birth nobility. He was not a and he was stricken down-for what? Ineffici- king hereditary, but to nature's lineage. Think ency? Of course they could not retire him for you, sir, that he would see honorable men stricken anything else than inefficiency! down, dishonored, degraded, and humiliated, and Ringgold, too, one of the most accomplished and others forming combinations to sustain them, scientific officers in the naval service of this or trying to subsidize influence, denouncing men any other country, was also stricken down; and through their friends, because they did not come here is Rolando-it is a great mercy he has not to the support of their bill? 2No, sir; General Jackbeen dropped. I should like to know what trum- son would never do such a thing; but he would, peting and whistling ought to be done when Ro- with his own hands, have wiped out forever from lando shows himself in the streets of Washing- the Register the names of those who sat on that ton city, when marching one hundred men two board. And I never will,while I live, support any miles up the beach, and down again, requires a man for power or place who would not revise whistle. Sir, a thousand guns for Rolando that board, and exercise his prerogative on those would be too little a greeting on his return to the of them who are not able to vindicate themselves American shores. But how did he return? With against the machinations which stand charged humiliation, shame, and confusion. He is a man against them by the facts arrayed. We should who has acquired for your country a fame which relieve the public firom the odium of the responno other man in modern times has done. Sir, sibility that must rest on us as a nation, unless his conduct in the China seas is without a par- we redress it. It can be done, and the Secretary allel. You may take your Nelsons and all the of the Navy has distinctly said so. heroes of antiquity; but it will require old Nep- Mr. President, there was no necessity for any tune himself to rival Rolando. He has performed modification of the laws in relation to the Navy, feats which electrified the British Navy. Sir, either as to its government or as to its organizathey struck Europe to the heart. They aroused t:ion. It was only necessary to make provision their sluggish impulses, and animated their pride for a retired list. All the power necessary for in the recollection, I presume, of former days. its correction, and for purging it of any improper The Queen of Spain conferred on him the order material, was already in the hands of the execuof knighthood. What else was done? The tive, either by the Constitution or by the laws. English did not participate in the bloody scenes, It was in the power of the Secretary of the Navy where the scuppers of his gallant ship gushed to order a court of inquiry, in relation to the conblood. When the enemy were forced to run duct of any officer; they would report the facts away, they exploded the vessel and threw him to him and he would submit them to the Presiinto the ocean, but he recovered again. Those dent, who might then exercise his prerogative. who only contemplated his feats of gallantry and If he lacked the courage to do it, he should report chivalry-what was done for them? The captain them to the Senate, and ask for their advice and who commanded the British vessel was made an consent in regard to the exercise of his prerogaadmiral, and his lieutenantacomm odore. What tive. After you had provided a retired list for have we done for Rolando? We have disgraced those pronounced incompetent by a board of that gallant and chivalrous man. And do you surgeons, the Navy would be relieved. Thus expect glory and honor to perch on the banners all the useless portions would be dispensed with, of your Navy, and to maintain its well-earned and this remedy would be efficient. renown, when you strike down such men as But men have been retired whose positions Rolando, and leave such men as composed this were proud and preeminent. By these combiboard? Are you going to confide the honor of nations they are stricken down. One instance, the nation to men, regardless of the chivalry of to which I have already alluded, is that of Ringtheir fellows, who have lost all esprit dt corps, gold, one of the elate of the Navy, a gallant and and who appropriate all favor, all power, all chivalrous officer, a most accomplished and skillpatronage to themselves. Sir, I am not prepared ful seaman, and an elegant gentlenman. He, too, to do it. has been hopelessly stricken down, because, on These men have had no hearing. The law said one occasion, in the East Indies, when laboring their cases should be " care-fully"examined. Has under the miserable effects of quinine, he. became the President examined them? No. In the first delirious and a little errant in mintd. Although place the board were to retire those who were he recovered from this, it furnished a pretext for inefficient, and drop those morally unworthy. striking him down, because he was more gallant, They have done neither, and therefore they have more accomplished, than those who judged him. not executed the law. The President has not The temptation to the officers wilo served carefully examined it, and therefore the action is upon the board was too strong for human nature a nullity. He has not exercised the prerogative to resist. They were directly interested in the of the Executive, because he said he acted in result. The Secretary of the Navy has endeavaccordance with the law; and, in conformity with ored to sustain their action by drawing examples the law, the officers that are dropped were notified from the Army I- He urges, as an analogous case, 22 that the Army was reduced under Mr. Madison, on other matters submitted for our opinions, wherein I aml and that thlat was the origin of the system which addressed singly as the presiding oficer of the board, and in language which required me to express our joint opinion has arisen. Why, sir, there is no more analogy expressly as a board. between the two cases than there is between a HadthehonorableSecretarysorequiredourjointopinions common window and a sky-light in form and on the matter first submitted to us, he would have expressed appearance. After the war of 1812, when all himself equally explicit. His requirements, then, as conmmunicated to us in his letter of the 21st instant, not havi!g were prepared to be disbanded, Mr. Madison been complied with, I feel it my duty to meet them, so far selected three generals, whom he determined to as it shall lie in imy power, and after the manner which to me shall seem most proper. retain in the Army of the United States, and con- me shall seem most piopel.,,2oboard of offilers, however pub'e, is competent to pass stituted them a board to regulate and prune the N board ofiCs h er p s cpetnt t ass uLpon the projessioial azd moral qualificatioos of any officer, Army, exercising their judgment in retaining whether for pronotion or for any othes pmrpose, unless unand removing. In no other respect is there any der all the solemn obligations of oath to do juslice —a close analogy between that proceeding and this of the and steady isiestinatios into shatcer demenits aiia be alleged, aided by all tihe liguhts ofr testimony int his behalf as we~l naval board. They could not by their action be cd ided bi all e ihs f test ill as ll as agaissst hins, and a patiesst hearingt of whatever he soay promoted; but how is it in this case? Strange to have to advance is extenuiation or defense.s" say, the gentlemen of the board were directly Our naval organization is such that it is hardly possible interested in its results. On this subject Commo- that the ofices composn a bd cold haveuch pesonal knowledge of the qualifications or disqualifications dore Stewart has said something which is worthy of talo w se o t q l ton o d lsicui.. n cof those whose claims for promotion are to be considered. of noticeand remembrance. He speaks as aman To illustrate this remark, I will state that, of the fifteen of sense and experience. He delineates this sub- officers whose names have been passed upon bythis board, I have no personal knowledge.of the qualifications ofmore ject in graphic and striking characters, that must I have no personal owled 1 the alication ofnre than two of them, although I have numbered more than convince every candid man who will impartially forty-eight years of service, twenty-three of which have review the subject, that he has thoroughly exam- been:passed at sea. Most of them were unknown to me ned it, and that he has examined his own heart even by name; ard as thie remainde of the officers coni-the heart of a soldier, a sailor, a gentleman posing this board average a sea service of but eighteen anid - the heart of a soldier, a sailor, a gentleman.. n1 a half years, it is highly probable that a majority of the From his investigation he came to the conclusion board never had an opportunity of forming an opinion of that it was unsafe to intrust to officers even the them from personal knowvledge in any one case. Yet, subject of promotion alone. The board of which notwithstanding this, this board, by a joint ands secret ballot, has recommended the promoion o c rainl offieers~ to the he was summoned as a member, and on which he h rcmended the poiotio cetain ces, to the injury of others, and that certain other officers should be refused to serve, was called to recommend the considered unworthy of promotion altogether. propriety of promoting, not by seniority, but by Theadoption of this joint and secret ballot has gone far selection. He voted against it. He wished to to mender theproceedings of this board justly obnoxious. it has assumed for itself the detestible attributes of the,sit with open doors; so did Commodore Jones Star Chamber. Not recognized by any law, nor under the and others; but we find that the president of the protection of any law —sithon t even the obligation of an naval board was then in favor of, closed doors, oath to do justice to the offcer on whose claimns it has passed, and that w-s effected on this occasion; hut Con- or to the service-without any evidence of their merits or disqualifications,or without assigning- any reason for its opinmodore Stewart protested against any such pro- diqaiiain~raihnsIgnn anrasi oris ps -odore Stewart protested against any such pro- ions, either individually or collectively-it has given conceedino at the time to which I have alluded. He (demnatoryjudgment on the reputations of men long in the always voted in the negative upon their action, service of.their countrv —one ofwhoui is'now abroad serving and it failed. It'was. unider the admnisistration of with distinetion —emphatic ally intimating that they shall not. Bancroft, Secretary of the Nay -be promoted, and thus virtually disgracing thenm iforever in Mr. Bancroft, Secretary of the Navy,. public estimation.* The protest of Commodore Stewart, is as fol- There is nothing so precious to an officer as his reputalows: tion. When arraigned for alleged offerinses before a courtmartial, hlie earnestly, and at a great cost, seeks his vindical ion. He confronts his accusers, he objects to his judges, against the proceedings of a Board qof.Naval Officers assembled at TCWashiisgtOsa, oii July a1 1,46. lie offers his witnesses, his explanations of defense, and the truth is sifted. The judges are underh oath to decide Tim honorable Secretary of the Navy, in a eommunieaTh hnrable iecretary of the Nvy, n a comunca- according to law, the evidence, and their consciences; and tion to me, dated July ].1, 1846, directed me to repair to after a f and mpstil t, te puishment, if a flls after a fair and imipartial trial~ the punishment, if ainy, falls WVashington, "to enable the Department to avail itself of upo i sanctioned by a Ad yet sl uise y the advice of officers of experienced'uohmacindya."Adesc-uihinh 0the advice a bgf e ntof officersos of experience. court-martial can rarely surpass in severity, and in its On the assermblinmg of the convention of officers on the effects, tIme judamasent pronounce by tis hoed a boar 11 ~~~~~~~~~~~~effects, the judgmnent pronounced by this board -a board 2lstinstat, hlie addressed a couns tnication to us individu- sittinag i secret con.clave - their victim abroad anid usahacrd ally and collectively, requiring us to " express your (our) his defense tiot ca-es cist i, itt ccic ir, his defenrse; without charjges against him~ withouet evidence opinion, whether in your (our) judgment, promotio ns in the im tie iior otr jdmitpotoshsof any 1saind, acting on suspicion or hearsay; without perNavy should be made withi exclusive reference to sesi- sonal knowledge of his qualifications, and many of its Ority," &. members perhaps influenced by personal prejudices and On considering the form and language of these eommu- nications, it was evidentto me that the Secretary of the Navy requireil our individual opinions in regard to the matters The officer referred to by Commodore Stewart was submitted to us in his communication of the 21st instant. Commander Henry, of the United States sloop of war Fully impressed with this convictioin, I suggested to this Plymouth, who was furloighed by the board. convention, that each officerpresent should be required to LEGATION OF THE UNITED STATESI give his individual opinion on all matters then before it; Rio DE JANEIRO, December 226, 1845. which proposition this convention did not accede to, but My DEAR Sin: Since moy visit to the Plymouth with His proceeded to constitute itself a board or tribunal, wherein Excellency Itollanda Cavalcanti, Minister and Secretary the voices of thIe uminority should be stifled, and the vote of of' State for the Affairs of the MAirine of thie Imperial Govthe m-ajority of the officers assemblled should decide all erumnent of Brazil, on Monday, the 22d instant, I have not questions that were to be acted upon by it. had the opportunity until now to make the proper and due If anything were, wanting to render this proceeding on acknowledgmcent of the pride I felt, as an American citizenthe part of the board more objecaionable, it imay be found as a public functionary of my country, and as one ever in the fact that the efforts that were imade to defeat it were alive to the inmprovement and prosperity of our Navy, in the not in some cases considered, and in no case were they exhibition of the perfectly beautiful and efficient ship under placed on the record; and nowhere is there to be found an your coimmand. You, your officers, crew, and corvette are indication of the opinion or vote of a single:memsber on the enti,led to my testimonial, and you shall have it. subject. For beauty of naval architecture; for order, system, and That this course was not in conformity with the views or comfort of internal arrangements; for man-of-war like apwishes of the honorable Secretary of the Navy, is made pearance; for apparent efficiency; for battery, and particmanmifest by a reference to his subsequent comimunication ularly its preservationa; for cleanliness; for space to fight or 23 enmities. Before such a tribunal no one would be safe. a of members of the board-and to give room for clitqueor even aasingleme.bq.opfa board,n ight bring irrep- members of the board themselves? Is there a arble injury upon thle prospects of any officer.n the service. Such proceedings, so contrary to all received notions of solitary oved upon the boa propriety and public justice, and so opposed to the princi- was not directly interested in the revision of the pies of our government, I. for one, could never counte- Navy Register, and who did notreceive promotion nance or be a party to. iNo other coure was, therefore, as a consequence of his own individal action? left to rue, in the various ballots for the selection of officers for promotion, than to mark on every ballot —I declitze to More than half, if not two thirds, promoted not vote. only themselves but also their own relations. In further illustration of this hasty and obnoxious mode Can you tell me, in the face of the country, that of dispatching officers and disposing of their reputations, Isuch proceedins can be honest, when Comowtill here state that in one case papers were presented fi rom the files of the Department calculated to create prejudice dore Stewart was even opposed to the princiagainst that officer whose flte was to be passed upon-papers pie (unless in very extraordinary cases) of going having no claim to the character of evidence in any court out of the ordinary rule of promotion by rotation. of honor or justice —and yet. at the sene time, ther papers But here we see men's beads were cut off for and testimonials of character, highlh.7Ifavorable to the indi- the salre o idtual, and designated as such in the synopsis accompanying t sake f young aspirants and gentlemen who the case, were never presented to the board. clamor —men who call themselves'6the country," Yet so desirous do I find imyself to comply, so far as it is "' the wisdom of Congress,''" having all the knowlwhithin my competence, with the requisitions of the hon- edge of evs necessary in order to orable Secretary of the Navy, that I feel it my duty to statecessay n order to explicitly sny opinion upon the chief inquiry propounded, a revseion of the Navy to give efficiency to the on the decision of which rests his subsequent requirements. right arm of the service. Sir, it is a useless arm These, also, I conceive fully responded to in the opinion I now; in its present condition it is paralytic. have now the honor to give. have now the honor to give. The nation has now but one arm, and thatis the T'he Honl. Secretary's main proposition, upon which depend all others embodied in his letter of the 21st July, 1846, Army of the country; it is that on which she is in the following words: must rely to defend her. You have fine vessels; n Ynou will express your opinion whether, in your judg- you intend to build iore; but you have not in sment, promotion in the Navy siould be mde with exclu- the Navy the personnel that has been culled out sive reference to seniority " I. In obedience to the injunction contained in this para- and stricken down. Instead of improving the graph, I give it as 7my opin2ion that promnotion should always Navy it has been impaired; its strengoth and effihe made ith ecclssiE ce.sfEuenCe to seseority, except wsere ciency have been lost by what has been done great gallantry before an enemy shall entitle the officer to the exalted distinction of a preference over his peers, or Where immrnediate guilt or incompetenlce shall be declared to it by REPEAL; yOU tmust confirm its strength to exist by a tribunal legally and expressly constituted to de- by REPEAL; for nothing short of that will do tertmine the qsse.stion. CteHALES inTEWART, Presiding cth eer it. That is all that will save the country. I care WA CHTON CLE, D.C., JSTEWA 23, Presidin 846. not so much for individuals as for any counBut, sir, what was the crying necessity for this try's honor and glory. Thinl you not that a attempted "improvenm-ent" and revision in the venty-four gun ship, filled fiom keel to deck Navy? It is the clamor of young officers who with Maurys, would not produce in the sailor's are burning for promotion. Is there any wrong heart one single thrill, one glorious aspiration done to them by restraining their anxiety, inpas- for imperishable renown? Ifsot, then, Sir, a thousioned as it may be? Not at all. When they santd retiring boards, filling creation, would never enter the Navy they know the conditions underlfy one Caneser on the bosom of the Atlantic which tlhey do so; they knotw the rules of the or the Pacific, when they carry with them such service, and the system of promotion through principles as their actions have revealed. If they have before sustained a character for bravery, complain if they cannot obtain promotion in the they come to review their acts they must Byr adheringthink "conscience maules cowards of us all." For regular course. By adhering to it we are notull For wronging them; and is their clamor to displace my deductions I take history, and the official men who have for thirty or forty years relied records of the Department for y guide; and I on the faith of this Governient, that, as long present them to the world with ty views upon as they demean themselves honorably and use- them, imperfect as they are. fully to the country, they should be sustained by I have referred to the case of Commodore Stewher? Are they to be displaced to give room for art. Thatgallant man, a man far above reproach, the young aspirants —many of themtherelations has felt the iron in his soul inflicted by tyro hands, though he had won renown and glory for work; for ventilation by ports or pumps; for adaptation, his country, dignified its banner, and borne aloft especially, in all respects to a warm climate; for total ab- its pennant in victory, when those by whose sence of all L: gicnirackery; " for lightness and yet strength; action he has suffered e eemy-save for elegance without one extravagant or useless ornament; for quiet discipline, and for the sweet and cordial shipshape that one to whom I have already referred-the one entertainnent which mnlakes so favorable an impression of of whom I mentioned the whistling. Perhaps one our country upon strangers abroad, I have never seen a ship of them was on somebody else's ship, and staid of our owni or any other nation to surpass, and in somie on it, and was shot at, and did Iis duty; but essential respects to equal, the game-looking Plymouth. his duty; His Excellency, the Minister of Marine, who has a good Stewart did more than his duty. His duty was eye, looked inquiringly about him; and was so struck vith to defend his country; but he gave it glory in admiration at the naval model he was inspecting, that le return for is reliance tiat he wotild defend it. HIe will doubtless seek of you further information to enable ws one who gave estie to your Navy, a did him to cause its imitation by the service of which he is the was one who gave prestige to your Navy, as did distinguished head. Jones, and other illustrious men, who, after I trust you will furnish him with drafts, if required; and having been drenched with blood, and left with I have the honor to be, with thanks for the honor you have lltilated limbs, are now "crushed out"-I use a done our national character, your obedient servant, court HENRY A. WISE. court phrase-" crushed out." Sir, I do not care To Captain iENRY HENRYa Untted States ship Plymout to crush out" others,but I wish to replace those harbor of Rio de Jacleiro. who have been unjustly deprived of their posi 24 tion, and to put them where they ought to stand. dered a nullity by the want of fidelity in the offi I wish to restore the national honor-to redeem cers who undertook lcprbceeding in which par its faith that was plighted to them. I desire to tiality and selfishness ae' their only recommenda wipe out what was imperfectly done, or was ren- tions.