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COMMODORE CHARLES STEWART

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TO THE HONORABLE THE SENATE
AND HOUSE OF REPRESENTATIVES OP THE
UNITED STATES OF AMERICA, IN CONGRESS ASSEMBLED.
In submitting to Congress an appeal as to the cha
racter and consequences of a law already carried into
effect, and by which my own fame and honor have
been impaired, I amimpelled at the outset to disclaim
the slightest diminution of that profound respect to
which the Legislature of my country is entitled.
Long accustomed to obey as well as to command, the
mere sense of personal sacrifice or suffering could be
silently borne; but the deep conviction that more
than half a century of assiduous toil and study has
enabled me to discern and appreciate correctly both
the true principles and the besetting dangers of a
naval service, forces upon me the stern duty, not
alone of individual vindication, but of earnest and
anxious entreaty on behalf of an organization, to the
efficiency, usefulness, and glory of which my life has
been devoted.
The American Navy, within the limited proportions
assigned to it by the national policy, is justly proud
of its record. No arm of public force, in this or any
other country, from its origin to the present day, can
claim the inspiration of purer motives, the perform-

ance of more brilliant exploits, the attainment of
objects more substantially and durably beneficial.
History, which disdains to dwell upon the frivolities
or frailties to which all human beings are separately
subject, has traced its combined and steady progress,
and has already awarded to it a full measure of
renown. I am the Senior Post Captain, the highest
and oldest officer in that navy; and they to whom I
address myself will pardon me for the intrusion, when
I say, that I feel as a wound, or dread as a calamity,
every blow given or threatened to the spirit and prin.
ciples which have animated and illustrated that gal
lant corps. The past has emboldened me to speak,
or at least may excuse my doing so. I recur briefly
to that past, in no vainglorious mood, but as un
rolling the scroll of my title to your candid atten
tion. On the 9 th of March, 1798, I left a lucrative and
honorable command in the commercial marine, and
entered the navy with a commission as lieutenant.
During the state of hostilities with France, in 1800,
I captured, with the schooner Experiment, of twelve
guns, several armed vessels of the enemy; and on one
occasion, after taking a three-masted schooner of four
teen guns. La Diane, I chased her companion, a brig
of eighteen, whose superiority I could scarcely hope
to overcome, but whom I was fortunate enough to
scare into a flight too rapid to be overtaken. The
war closed in 1801, and on the reductions effected by
President Jefferson for a peace-establishment, I was
among the officers retained ; " to which gentlemen,"

says an author of acknowledged merit, "the nation
" must look for those who perfected the school which
" has since reflected so much credit on the American
" name." On the occurrence of a second war, the one waged
against Tripoli, in the squadron of Commodore Preble,
and as lieutenant, commanding the Siren, I aided and
witnessed the daring enterprise of burning the frigate
Philadelphia, in the harbor of the enemy, and re
ceived on board my vessel, from his barge, imme
diately after his success, the heroic officer to whom
that achievement had been specially confided. The
energy, activity, and discipline exhibited in a series
of naval movements and attacks, during the con
tinuance of this contest for four years with a barba
rous and piratical antagonist, need not be recounted.
They exalted the reputation of our country, and gave
to her flag a prestige never since lost. Shortly after
the restoration of peace, and very nearly half a cen
tury ago, I was honored with the commission I now
hold as captain, bearing date the 22d of April, 1806.
The seven years which preceded the third war, that
with the greatest of maritime nations, had not been
allowed, by the seductions of idleness and repose, to
impair the skill or enervate the sentiments of our
naval officers. Whenever public service could not be
obtained, as was frequently the case, owing to the
small number of vessels actually equipped, a famili
arity with ocean life, and with the practical arts and
vigilant habits of navigation, was maintained by voy
ages of exploration or trade, in merchant ships, to the

6
distant quarters of the globe. I engaged, with the
approbation of my government, in several of these
private expeditions, and reaped the advantages of con
stant exertion and enlarged experience. When, there
fore, the summons to battle sounded again in 1812, the
naval officers of the United States pressed eagerly for
ward with unbroken spirit, unshaken fidelity, and un
diminished professional ability. I say to you, gentle
men, with emphasis, that although then as now, and as
always during the relaxations of peace, exaggerating
gossip and calumnious rumor had turned from my com
rades the hearts of many of our countrymen, there did
not, there could not, there never will, exist, as an
entire body of men, a phalanx more thoroughly im
bued with the high qualities essential to the defence
and glory of a nation. True, this is said after it has
been proved; but its proof was a surprise, for the
faults of a few had been, as is too common, visited
upon the whole.
I took my part in the struggle with Great Britain.
I exerted myself in intercourse with President Madi
son, to prevent an almost adopted policy of drawing
in and docking all our armed vessels, as the only way
to secure them from the supposed overwhelming power
of our foe. They went forth upon the ocean, and, at
nearly every return, awakened fresh pride and exul
tation. It fell to my own lot, in command of the fri
gate Constitution, and while cruising off the Portu
guese coast, to engage at the same time two English
ships, the Cyane and the Levant, and to vanquish both.
At the date of this action, the Treaty of Ghent had

been signed, though of course unknown to the belli
gerents. In view of the purpose aimed at by this
cursory narrative, it may not be improper to add that
the Legislatures of the City of New York and the
State of Pennsylvania honored me by marked ex
pressions of praise, and that the Congress of the
United States, by a resolution adopted on the 22d of
February, 1816, requested the President to present
me a gold medal, with suitable emblems and devices,
in testimony of the high sense entertained by Con
gress of my gallantry, good conduct, and services.
Our long peace, which, upon the seas, was scarcely
interrupted by the Mexican Avar, has witnessed the
useful employment of our naval forces in almost every
region and clime. Nothing which such a class of
public agents could accomplish, and Avere authorized
to accomplish, has been left unaccomplished. You may
follow the pennant as it shone upon the revolutionary
throes of South American liberty; as it hunted piracy,
wherever lurking, on the shores of Africa, or in either
of the Indies ; as it penetrated, under the impulses of
science or humanity, the ices of the poles ; as it allured
back into social intercourse witli their kind, a mys
teriously exclusive and opulent empire of barbarians;
or as it sheltered the lonely and crushed victim of des
potic vengeance, at his utmost need, amid the oldest
scenes of civilization : — you may track the flag Avher-
ever you will, and, with exceptions rare and trivial,
its guardian officers will be found nobly executing the
errands of a great people. My orders assigned to me
the squadron on the Pacific station during the years

8
1821, 1822, 182S and 1824, and it will be recollected
how novel, complicated and delicate were the duties
of that command, arising out of the disturbed condi
tion of the newly-born republics. And here, although
desirous to avoid the garrulity of egotism, I am obliged,
by the singular applicability of certain incidents, to
advert to them as exactly illustrative of the ease and
irresponsibility with which slanders upon naval offi
cers may be thrust into the pigeon-holes of a bureau,
and, unless fortunately at once encountered, may
gradually take root, and be ultimately handled as in
contestable truths. I had resolutely exercised my
functions, performed my task, and had scarcely re
turned home, when, as that distinguished gentleman
subsequently told me, the Secretary of State, Mr. Clay,
received a letter containing imputations of a most
serious nature against mj^ conduct. I was brought
to trial before a court-martial. The government ex
hibited the charges. My judges were men of whose
sagacity, ability, virtue, and honor, none could, or
can doubt. And how did a full, free, and fearless
scrutiny result ? In a finding, of which I extract but
the following concluding paragraph :
"The Court, liowever, conceives that the peculiar character of the accu-
" sation is such, that it would not render that full justice which is required
" at its hands by a simple judgment of acquital. It is, therefore, impelled
" by a sense of duty to go farther, and to make unhesitatingly this declara-
" tion to the world, that so far from having violated the high duties of oeu-
" trality and respect for the laws of nations, so far from having sacrificed
" the honor of the American flag, or tarnished his own fair fame, by acting
" upon any motive of a mercenary or sordid kind : so far from having
" neglected his duty, or betrayed the trust reposed iu him by refusing pro-
" per protection to American citizens and property, or rendering such pro-

9
" tection subservient to individual interests, no one circumstance has been
"developed, throughout the whole of this minute investigation into the
"various occurrences of ajthree years' cruise, calculated to impair the con-
"fidence which the members of this court, the navy, and the nation have
"long reposed in the honor, the talents, and the patriotism of this dis-
" tinguished officer, or to weaken in any manner the opinion which all who
" knew him entertained of his humanity and disinterestedness. These
"virtues only glow with brighter lustre from this ordeal of trial, like the
' ' stars he triumphantly displayed when valor and skill achieved a new vic-
" tory to adorn the annals ef our naval glory.''
Well might the illustrious statesman conclude the
conversation to which I have referred, with the
remark, that, although he had impulsively originated
the proceeding, he could not regret it, as, for such a
sentence, he would consent to be court-martialed once
a week !
And now, gentlemen, after having dwelt thus per
haps tediously and unnecessarily upon matters possibly
known to you all, let me say that, unconscious of wrong,
unwarned, unquestioned, and unsuspecting, and in
the actual discharge of important duties, I received,
on the morning of the 20tli of September last, official
notice, by communication from the Secretary of the
Navy, that the President of the United States had
approved, and by so approving had adopted as his
own, a judgment by which I am cashiered from the
eminent position I then occupied. No cause is stated :
but I am left to conjecture as well as I may, from the
terms of a recent law, and a recent departmental let
ter of construction and instruction, the basis of this
singularly arbitrary condemnation : whether it was,
perhaps, an asserted, or hinted, or whispered " dissi
pation;" or perhaps some other of the endless and

10
vague category of "immoral indulgences," as gam
bling, horse-racing, cock-fighting, sabbath-breaking;
or the physical infirmities incident to toils, wounds
and superannuation : for all these are lumped
as causes, of each of which may be legally predicated
the guilt of incapacity to perform promptly and effi
ciently every duty both afloat and ashore ! The pro
ceeding, indeed, bears so strongly the odious charac
teristics of the general warrant, prohibited by the
4th Article of the Amendments to the Constitution,
that I am unable to say, except hy guess, why, how,
or at whose instance, my honor has been assailed,
and my removal accomplished. I only know that I
am, in fact, down.
The power of the commander-in-chief of the army
and navy to strike my name from the rolls, at his
pleasure, I would be unwilling to dispute; especially
when its exercise is entrusted to hands so entirely
competent and impartial as at present. But the
exertion of this power has been very rare, in cases
only of signal offence, and never, if my memory be
faithful, without giving the amplest opportunity of
explanation. Amid the emergencies of active war,
the power may be essential to efficiency, and justly
exact implicit and mute submission; but in ordi
nary times, it is so derogatory to individual rights,
so contrary to the rules and forms of justice, and so
entirely foreign to the nature of delegated authority,
as to become irreconcilable with our institutions of
government. The free citizens of the United States,
having a fixed, written constitution, do not and can-

11
not believe, that, whatever may be the general theory
of military subordination and dependence, their army
and navy are practically spheres of subserviency and
serfdom. It is, however, not under the operation
of thi? power that I have been wronged. Had the
purely executive function remained without inter
ference, and the responsibility of action or inaction
been left where it exclusively and properly belongs,
I do not believe that I should ever have had reason
to address you. This remark is not made rashly or
at random: for in the very letter of the Secretary
communicating my doom, are generous allusions to
my " eminent services to the country" and to " ike very
satisfactory manner in which I was discharging my
duties." The Act of Congress passed on the 28th of Feb
ruary, 1855, entitled "An Act to promote the efficiency
of the Navy," is the law under whose provisions my
degradation has been adjudged.
With the utmost deference, I cannot withhold
the opinion that the title to this Act is deceptive.
May I be pardoned, in the whirl of undiscriminating
prejudice excited, for intimating that perhaps some
thing more than " the efficiency of the navy" required
to be "promoted?" No doubt, in the departments
connected with its materiel, in the number, size,
and qualities of its vessels, in its armament, muni
tions and equipments generally, its " effidemy" might
be prudently increased. But that is not "the effi
ciency^'' to which the statute applies. In its per-
sonel — and that alone is implicated — although many

12
of the officers in a corps exceeding seven hundred,
were less competent than others, and a few merited
exclusion, yet I assert with pride, that as an aggre-
grate they were more than equal to every require
ment. When and where did the navy of the United
States show itself inefficient? What bidden duty or
chivalrous feat did it ever fail to perform ? Does not
its ensign float as proudly now, as at the close of the
war of 1812?
No ! it was not the inefficiency of the navy, in one
sphere or another, that called for this legislation.
The law springs out of a natural, and not unworthy
longing, among its officers, for more distinction and
higher place, than upon the established rules of rank,
and with so few ships of war, they can possibly
attain. It is the result of a heart-sickness con
sequent upon hope long deferred : the last and despe
rate expedient of preying upon each other, to gratify
a want which their country either disregards, or is
unwilling to satisfy. To that desire this Act of Con
gress caters directly : a desire which I am far from
reproaching; but which might better have been
appeased in many ways less exceptionable and dan
gerous. However awkward it might seem, stern truth
and justice would have amended its title into "An
Act to promote a more rapid advancement in the
Navy." I have always thought — I so expressed myself
many years ago — that axrangements to surmount
certain disadvantages incident to the principle of
seniority — if of the character contained in this law —

would produce bitter fruits, and evils far worse than
those they proposed to cure. My brother officers,
actuated unceasingly by a nice sense of military
honor, without which they would be valueless, are
more watchful of their rank than can well be
imagined by gentlemen engaged in civil pursuits. It
is their sunshine — an achieved and enduring fact — a
consolation in the most protracted voyage; a prop
which cannot fail them if the service lasts, and they
do not themselves degenerate. It becomes part and
parcel of their most cherished being, and they think
of its loss as a calamity more frightful than the loss
of life. Remove the principle of seniority, and rank
ceases to be secure; it becomes a discretionary gift,
the prize of momentary popularity, the decoration
awarded by favoritism. There may be exceptional
cases of extraordinary exposure and brilliant achieve
ment — though I deem it, even on such occasions, wiser
and better so to shape the reward of national grati
tude to the individual as not to inflict injustice upon
the whole corps — but, as a rule, if itself imperfect,
none other as safe and satisfactory has yet been sug
gested. I have to regret that what constitutes to an officer the
invaluable nature of his rank is sometimes but loosely,
if at all, understood. It is not alone the service it
implies; nor is it alone the authority or title it
bestows ; and less than these, is it the pay assigned by
law. He appreciates his rank, because it is a defined
and firm position among brave, honorable, and useful
men, voluntarily dedicated to the defence and glory

14
of the country. Impair that position, by destroying
its equality with his associates of the respective
grades, and its charm is gone. He may be soothed
with the same apparent rank ; he may still be called
commodore, captain, lieutenant, or master; he may
receive his stipend; but the spot is upon him which
severs him from his fellows, he has ceased to be of
them, and he stands aside dejected and degraded,
while the noble band move onward by him. To
hold rank thus sullied may be a necessity with the
poor; and with -the unfortunate, government may
trifle unresisted; but with others, it becomes the
source of profound pain and perpetual irritation, to be
thrown off as a poisoned garment.
The measure prescribed by the Act of Congress is,
for the moment, an extinction of rank, and a scramble
as to who shall be fully, who partially, and who not
at all, reinstated, and who shall be benefited by the
vacancies about to open. A scene such as this can
only be enacted where the elementary principles of
military organization are absent. A board of officers
convened to aid, Avith their practical knowledge, in
forming a series of internal regulations for the
navy, has been tried, and without advantages;
but such a board, invested with discretionary power
over the reputation, fortunes, and happiness of their
entire corps, competent to stigmatize by the hundred
and to brand almost by the minute, has never before,
in this or any other country, received the sanction of
public opinion ; and it must be in tendency as ruinous
to the highest and best characteristics of the esta-

15
blishment, as it is utterly at variance with the spirit
and provisions of the federal constitution. Possibly,
the machine may work to relieve or lighten the
general executive responsibility, by cutting away
some of those who, though unfit and unworthy, were
yet allowed tenaciously to encumber and clog ; but
even they will be consoled with the sympathy for
victims of a measure in itself indefensible.
The Navy, like other fields of occupation, embraces
among its officers great diversities of character, intel
lect, morals, tastes, and general capacity. After a
large range of prolonged observation, I am not pre
pared to say that uniformity is either attainable, or to
be wished. Some are quick, impulsive, impetuous ;
others are slow, reflective, and cautious. One searches
eminence in the sciences of construction, war, or
navigation, on which his profession depends, and
another cultivates with special zeal the physical
habits of endurance and exposure which prepare him
against the storm or the fight, and without which
every danger has double power to injure. The class
of profound and accomplished scholars is by no means
a contracted one, though outnumbered by that from
whom a harsh destiny in early youth has excluded a
fondness for letters. Some are mild and persuasive
in intercourse with subordinates; others are rough,
boisterous and peremptory: many rigidly abstain
from personal indulgences or even amusements; others
again yield to them irregularly and recklessly. These
diversities of character are accompanied by diversi
ties of conduct, and lead to wide diversities of esti-=

16
mate as to the merits and usefulness of each other.
From an aggregate so composed, it was rash to antici
pate a self-purification, without a violent ferment
among the constituent parts. The task of decimar
ting should be performed by those who are aloof,
wholly disconnected with the theories, preferences,
and passions of the body.
I speak of the odious and destructive measure, not
of the gentlemen selected to carry it out. With them
I rather condole on the misfortune which has con
nected their names with such a proceeding : for it is
one of the demerits of the plan, that it necessarily
subjects those who execute it to ill-will and suspicion.
The judges of the Star Chamber, though men of
integrity, learning and impartiality, shared in the
proverbial repugnance to the tribunal itself. It can
not, in the nature of things, be otherwise ; and it is
really and deeply to be lamented that a statutory
expedient so questionable should have invoked for
its execution any portion whatever of the naval offi
cers. Those officers were themselves, in a measure,
to be advanced in proportion to the extent and rigor
of their action. They had the feelings of other men,
the friendships, the bias, the prejudices, the antipa
thies ; and how was it possible for them to secure
their motives from comment and challenge ? Human
nature never suffers wrong without assailing the
instruments of its infliction. And what a prolific
source of distrust, jealousy, crimination and recrimi-
natisn is thus opened !
The Act of Congress, however, though bad in its

17
policy, is not, in its directions, quite as bad as it has
been made in its administration. The Board are
expressly enjoined to make " a careful examination"
into the efficiency of the officers. What is involved
in a careful examination ? 1 cannot say how, in this
respect, others were treated, but unquestionably no
notice, direct or indirect, of any scrutiny, was given to
myself; and yet it would seem to me utterly impos
sible to make a careful examination, as to mental or
bodily capacity, without some notice. The terms of
the law demand, in such a case, the highest degree of
care in the examination, and are not fulfilled by any
thing short of that. The quiet interchange of collo
quial surmise, the comparison of pre-conceived opin
ions, the renovation of stale rumors, the raking in
official catacombs for the embers of extinct disputes,
or the theory of superannuation at any particular age,
so constantly disproved in our highest spheres of
exertion as well as in those of Europe — will not do.
Such an examination is no examination at all, either
legally or in common sense ; it must be actual, posi
tive and present examination, conducted with actual,
positive and present care, or the fact as to efficiency
cannot be assumed. Congress obviously contemplated
doino- less injustice than has been done. Careful
examination, in the mind of a legislator, embraced
notice. Another misuse of this law, of a kindred character,
is still more gross. I have repeatedly read the Act,
and feel no dispositiofi to give it a narrow interpreta
tion • but I will defy the subtlest ingenuity to disco-

18
ver in any part of it either a Avarrant for withholding
notice from gentlemen on the threshold of immolation,
or an authority for the Board to assume the sem
blance of a Cabal, and to slay in secret. Congress, I
presume, supposed they were erecting a tribunal analo
gous to a court of inquiry, or a court-martial ; some
thing reasonably fair, Avhose modes of proceeding to
attain truth and justice could not, among enlightened
men, be matters of difficulty. When recollecting
Avhat were the established usages, practices, and prin
ciples of those courts, on trials for slight breaches of
discipline or duty, they could not have intended to
break doAvn all these safe-guards on an occasion where
honor, rank, commission, and subsistence were at
stake. They have not said so, because they did not
design it.
True, there is in the first clause of the Act, an ex
press direction that the " careful examination " shall
be made " under such regulations as the Secretary of the
Navy may prescribe /' and that distinguished gentle
man has conceived himself justified in imposing an
injunction to secrecy. Why this fresh feature Avas
added to the law, a feature so discordant with its aim
and character, I am unwilling to say. Its position
among the regulations, as the very last, and the ex
tremely guarded character of its phraseology, connected
with the usually manly and frank course of its author,
suggests reluctance, hesitation and doubt on his part.
It certainly might be that " the deliberations and pro-
" ceedings of the Board will be incomplete until the ap-
"proval or disapproval of the President :" that is inva^

19
riably the case with military courts in general ; and it
can therefore furnish no reason for departing from the
knoAvn and beaten track of similar investigations, by
having "all information touching the same confided
"exclusively to the Board and the Executive Depart-
" ment of the Government." The uncertainty as to the
ultimate Presidential sanction, or veto, has never been
thought to render secrecy expedient, except as to the
sentence of a court. Closed doors are proper for
advisement and decision, after the careful examina
tion of facts; but during that examination they are
not merely obnoxious to popular odium, but positively
inconsistent Avith the Constitution and safety of the
country. Open doors, I know, are often annoying to
Judges ; they lead to crowded chambers, noisy inter
ruptions, tiresome defences, and especially to outside
criticism, — inconveniences greatly aggravated when
matters happen to be pre-judged, and swift execution,
not slow justice,' is wanted ; and yet I persuade
myself to believe that they are such evils as an
American Congress would not consent to avoid by
extinguishing a single spark of natural and funda
mental right.
See then, gentlemen, the glaring reality to Avhich
this Act of Congress has given rise! A conclave,
vested with power over all that makes life dear ; Avith-
drawn from the public eye ; acting upon accusations
they themselves advance; dealing with the absent
and the unconscious ; inaccessible to the voice of
explanation or vindication ; examining no Avitnesses ;
keeping no record ; under no religious sanction ; and

20
without responsibility; yet issuing from their dark
and impervious chamber judgments followed by de
nunciation, shame and destitution !
No relief is given to this frightful, but exact pic
ture, by saying that it was necessary. It was not so.
Reforms were undoubtedly desirable, but reforms thus
effected, are accompanied by wrongs and evils to the
navy, the country, and the constitution, far worse
than the mischiefs supposed to be mitigated. As a
precedent, its pernicious consequences, in times of
feud or excitement, cannot be measured. No sub
stantial reform was, strictly speaking, beyond the
reach of the executive arm : but if Congress deemed
it wise to stimulate or assist the commander-in-chief,
how deeply is it to be deplored that the alternative
scheme proposed by the Secretary of the Navy, in
his annual report to the President, dated the 4th of
December, 1854, Avas not preferred! "I should be
" content," wrote that gentleman, " to have the Secre-
'' tary, from time to time, report officially to the Pre-
" sident, such names as he wishes should be retired
" or dropped ; that the President should transmit, if
"he thinks proper, their names to the Senate, with
" a recommendation suited to each case. Thus the
" President and the Senate, the appointing poAver,
" will be the removing power, and the apprehension
" of Star Chamber persecution, and being victimized
"by secret inquisition, now felt by some worthy
" officers, would be quieted." Such a plan, if itself
necessary, harmonizes Avith the system of our govern
ment, comes in collision with no military ideas, ope-

21
rates through perfectly disinterested channels, secures
a hearing whenever asked, and accomplishes the
improvements sought, without disguise, and without
shocking the general sense of justice. Why it was
not preferred, may possibly be explained by the haste
with which the Act was urged, from without the two
chambers, at the heel of a legislative session ; and by
its being somewhat too slow, if not too uncertain in
its results, to satisfy the craving for quick and inevi
table advancement.
Gentlemen, I must close. Impelled to this intru
sion upon your notice by my sense of duty to a coun
try I revere, to a navy I love, and to my own blighted
fame, but one thing remains for me to say : — From
the judgment which the President has adopted, only
because it came from a board created by authority of
law, and by which my position is lowered, I appeal
to the Representatives of the American People. If,
through these high organs, it shall appear that this
judgment is not that of my countrymen, the wisdom
of Congress will best do what their great constituency
may desire, without a suggestion from me : but if, on
the contrary, the free, just, enlightened, and glorious
nation to which every throb of my heart is conse
crated affirm the decree of my humiliation, her com
mission becomes a reproach.
CHARLES STEWART,
U. S. Navy.
Philadelphia, January 1th, 1856.

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