Newspaper of The New York Herald, January 17, 1856, Page 3

Newspaper of The New York Herald dated January 17, 1856 Page 3
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ofthe a* tv Tor the performance of their duties ashore ail afloat. Csrteialy those terou applied t* the pbysi caaad intellectual capacity of a man. Sir, was it your in tilt ion, when you supported that law, to supersede themaranties whirl) existing lasra threw around offl er? of tfc navy, to deprive them of that protection witi;h wta rffordea thera by the existing institution of courts nurtnl, and to take from them all their right* on mere xumorv Did you suppose a man would be tried without hi* hiring an opportunity of confronting the wttnesaee agaiait him, and that he would be condemned aod exe cuted aa a criminal without a hearing V That, In my ? judgment, was not the law. But, sir, I did not rise to addieethe Senate as to the proper construction of the law. 1 rose to say a few words upon the question properly presorted by tbe resolution under consideration. 1 deem It respectful to tbe head of the Department of the Navy, I deem It respectful to the President of the United Stateq I deem it respectful to the Naval Board, to call for the tatimony upon which they have acted. Surely we cannot suppose that they acted without testimony. If they dd, they are "doubly damned." If they acted upon testimony, where is it? Have we not a right to know what the testimony is f The S ma tor from Louisi ana sty h that we are particqu eriminia in this transac tion, ind thut, if there la anything wrong, we, tbe Con F-ess of the United States, aio responsible. For myself, utterly repudiate the idea that I am responsible for any j?rti on of this wrong. I deny that any portion of the injustice that has been done to honorable men at tashen, In any degree whatever, to myself. If other gen tlemen choose to appropriate it to themselves, it is a ^ matter of taste about which I have no right to complain. 1 hold that the responsibility rest* upon the President, upon the Sectetary of the Navy and upon the board. I, lor oae, shall bold them to that responsibility. If the law was defective, as probably it may have been, let us oorreot the delect : and If they have improperly ^executed the law, let us hold them to an account for it. fir, is it not a monstrous idea to suppose that, when we, at a legislative body, have pissed a law which gentlemen gay has operated to the prejudice of a {ortlon of our constituency, wo have no remMy whatever y which we can rest ore those men to the rights of whlah they have been deprived? If we have done them a wr >ng, are we not bound, as honorable men, by every considera tion of justice, ol patriotism and ef eomcience to put them right': I aui prepared to do It. Ylr President, ray objection to the actlc n of thin board Is different from any which lias yet been stated. I believe now that the law in itself is a good law. I am rea ly to stand by it, and to make such amendments as may be de.imo.i necessary to carry out its ma I spirit. I never contemplated any such results as have appeared, or 1 never could have sup porter it. My objection is to the results that have flown front It, aud now I call upon the American Senate to determine whether anybody expected that men were to be tried without a heating for offences which, if established, should consign them to the lowe.? depths ot Infamy am dlsgrase? It is repugnant to every princip'e of the constitution and to all cur ideas of justice and fair dealing. Susie gen tlemen who were tried by that board were i'nr away Ircm the scene of its labors. I know of one case to which 1 may refer. I shall not mention names, because 1 do not choose to go into individual cases; but I kn^sr a esse where a man, upon rumor, was arraigned bufore that board when he was five thousand miles from home serving no My under the banner of his country. That man, upon mere rumor, was charged before this board with an offence which, if proved, should put him outside the pale of honorable civilization, and separate him from the service. He was tried, condemned and dismissed from the American navy without a hearing 1 Mr. Presi dent, is it poaaIbla that we have reached that peried in ?ur history when an American Senate .-an for a stogie mo ment tolerate a principle 'like this? Tbe veriest criminal that walks your streets, who vlo ates every law of your country, who outrages every principle of humanity, and every feeling of decency, when arretted, ha* secured to Wm, by the r.onstltution and the gejius of the eountry, a fair an i impartial tiial; he Is altjwel an opportunity cf confronting his accuser and of meeting the witnesses again*; him lice to lace. Not so with an officer of the , American navy. Mr. Brnjimin? W1H the gentleman allow me iu this con nection to put a question to ihn t Mr. Jonhh, of Tennessee? Wl'h pleasure. Mr. ? How uid the gentleman from Tennessee, when be voted for this itiv, understand that portion of it was to be executed which provi led that, after the Secretaiy ol the Navy had consulted tUn board as to the efficieucy ot an officer to sierform his d lty ashore and atloat, the board should also report whelbor, in their opinion, the incompetency had arisen from any cause implying sufficient blame on the part of the officer to justify tbem in recommending that his name bo stricken trom the r tig? Did the geutlemat , in voting for that provision of the- law, think that a court martial was pro vided foi * Mr. Jo.vm of Tennessee ? I will answer the gentleman with a grea' deal < f pleasure. I expected that when the ? id assembled they woull be subjected to all the lespuDbibilltitB known to a fair and impartial trial. 1 expected that, when they were called on to discharge this unpleasant duty, they would take upan them selves all the obligations imposed by law on man placed in similar circumstances. 1 think common sense dictated, and I am sure justice required, that when the board reported to tne Secretary of the N'avy .that A, B and C were supposed to be guilty of offences inconsistent wi h a continuance ^n the ublic service, the aocused would at once have been noti ed of the charges preferred against them, and summon ed to appear either before taejboard, or before a court martial convened by the President for the purpose, where the poor culprits might have had ascorded to them the humble privilege which is accorded to every felon on the highway, of being informed of the charge against him, ^nd of having an opportunity to disprove it. That I ex pected, and that 1 shall demand here, as one of the Re presentatives ot the States of this Union. That, ho srever, *m not the course of prooeedlng. When the findiog or the boar! was brought to the notice of the Secretary of the Navy, what did he say? He admitted that there were ?riors in it. He admitted that wrong was committed. He said that whilst error* might exist, and doubtless did eiist, he advised the President to approve the report. Ihe President approved the finding of the board on that recommendation of the Secretary of the Navy, admitting, on the face of the paper, that there were wrongs in it. In the name of heaven, I ask the Senator from Louisiana how he can |reconclle tbe finding of that hoard aud its approval by the Secietary of the Navy and the President to any principle of justice t Suppose there were ninety-nine guilty men and one innocent man ? because it was too troublesome to get at the faits, should tbe innocent man be consigned to infamy and disgrace t Sir. the higher law ? not the political higher law, but the higher law ot God and morality ? says tuat it is better that ninety-nine guilty should go unpunish ed than that one innocent man should suffer. And yet this board and the Secretary of the Navy and the Presi dent have reversed tbis great principle of morality, and they say that, when they wish to puaish the ninety-nine the one innocent man must suffer with them. Mr. SKwaRD ? I desire to ask the honorable Senator whether he is informed by rumor, or otherwise, that this Board kept minutes or records? Mr. Jotrm. of Tennessee ? I dislike very much at any time in addressing the Sena'e to rely on mere rumor, be cause we all know how very unreliable rumor is. I have heard that no minutes ware keo*. I have heard that there wa> no report. I have heard that there was net the scratch of a pen to be found, explaining the conduct of the board. I have heard these things, out I have no right to know them, and, therefore, I offer my ;i solution to give the Secretary ot the Navy and the Naval Board a chance to It t us Snow the gtound of thrdr action. I do not desire to establish any ??ecret inquisition upon them. I do not desire to fall in to the vie v erior which I think they have committed ? of trying nseu without giving them an opportunity to be heard. Por '.his reason 1 assume that, there Is a record, aud, therefo e. I have called upon them to present it. Now. If it ;.hould turn out, as rumor says, thai there Is do record, I want them to be made to auswer for naving kept none. Mr. SrwAim ? It is precisely for that reason 'hat 1 de aired, in connection with the honorable Senator's re marks, that the fact might go out to the country. He ha? given a strong reason lor To'ing for the resolution, l et the wtrlrt know precisely how this thing stands, and let the S?nate (proceed, just as tbe honorable Senator proceeds, In the legitimate and proper way to ascertain the fact. I think it is right for tbe Senate to call for it. Mr. Josks, of Tmnessee ? I wss actuated by that motive alone. I do not know whether they kept minutes of their proceedings and whether they made a detailed report, ?or not. This Is a matter for them, and not for me; but I am performing my duty here as a Ssnator. It seems that I have been made a party to this trans action by voting foi the law. I believe that the law has been perverted from its true purpose, and that results have followed injuiious to the public service, and danger ous to the public morality ot the country, and finally, if persisted Iu. the result must be the utter destruction of the navy. Why, sir, the pestilence which pervaded a portion of the South during the last year was not more terrific in its effeot* than the pestllenee which has swept over the Navy by the action of thi< Board. Out of seven hundred naval officers, two hundred and one have been consigned to their official graves. The State which you and I, Mr. President, represent mourns her sons. Some of them, perhaps, are now standing within tbe sound of my voice, asking why they have been dismissed from the public service, what chaiges were preferred against them, and upon what ground they have been tried, condemed and executed? Neither you nor I, nor any other man in the Senate, is able to answer that question. Can we eatlsfy our consciences, or our constituents, that mon who have devoted their lives and their honors to the public service are to be sacrificed as mere iogs without being heard f No, sir; there is but one voice and one sentiment in the State which you and 1 represent, and that is universal astonishment, condem nation and execration at the manner in which taia law has been t xecn ted. I seek to correct that. My honor able friend from Louisiana, with whom I am in tne habi ?>f concurring upon almost every questi >n, says that even General Jackson, with hU iron uerve, would not have bad the moul courage to dismiss two hundred men from the navj ? unaided, i presume he meant to say, by the coun sel of a board? No, sir; and my friend might have goni much further than that. He might have said that (.'en. Jackson would not have had the moral courage, no would he have had the heart to dolt. He mi;hthave gone further and said that tho Father of hi* Country t art not the nerve to do It, aod never had the heart to do If. Do you suppese they would propose to try men in i secret conclave, worse than tne Spanish Inquisition without* warning ? without a single note ot prepara tion1" The first Intelligence the condemned officers bsd was that their heads were off, and they dis honored and disgraced. If I were permitted to m?n tlon names here I should like to ask my friend to tell me why A or B was dismissed from the navy. In the kindness of his heart, he might say It was for some infirmity, perhaps intemperance, which Is a weakness that pertains to most of us, in a greater or lees degree. In his charitable heart, which I know is filled with ' the milk of human kindoees," that Illustrates his character, be might Imagine It was some erratic spirit or temper for which he had been dismissed. But when I ask ano ther man why he waa dismissed from the navy? w ben I ask ooe not having so warm and generous a heart as my friend from l/>utslana, he may say it was because of some undefined, unexplained aet of dishonor. Jhe next man of whom I Inquire upon the subject, one more unrelent ing and hitter in his feelings, may say, "Why, sir he was trie.) and arraigned for cowardice/' The next man I meet, and to whom I propound the same question one with a heart, sHH more steel" 1 against the oh t. ; ties of life might ?av, "They oischargsd the fell >w f.>r feloay " I lave you not plaoed than* gentlemea ia that podti >nf A-? tbeii tlmr?clerK not left liable to suspicion. Letters have t*en addressed to every member of the tf aval Board, mk i Dg Why they dismissed certain offle ere. What ?u the u Nwer of every one? Each of the* said, "1 an estopped from answering for the board: 1 have no right to tell yon why you were dismissed " Tnus you open the door for Jill sorts of fancy; and imagination runs riot a i to the cause of dismissal. Malignity ha < a full opportunity to display it* work. A man's reputation, which it dearer to him than 1 fe, ia sscriflcedto thii vague and taleiilte spirit ot conjecture that it thrown over the subje:t, simply because you hate put it under the reil of a sasret conclave. Sir, I do not mean to attack the motive* of the numbers of the Naval Board at this time. It takes all the Christian charity which I have get ? and you know, sir, that no man's heart Is more filled with that virtue than mine (laughter) ? anl all 1 can borrow from my neighbor (Mr. Crittenden) to throw the mantle of charity over tie board. But for the lives, and history, and services of its numbers, I should have no hesitstton in pronouncing a sentence of condemnation, full, per fect, and unmitigated against them; bat I forbear? I wdi them to have an opportunity to answer for them selves. Let them l>e heard. It requires all my c!xarity to believe that they were actuated by the purest ana the best of motives: but I will not impugn their furposes. it is against their action that I inveigh, have not gone into the details of particular cases. I have said thus much in general terms; but when the time corn's for the examination of the subject in detail, I shall have a record to unfold in regard to which, in my judgment, according to testimony which is clear to the mind, the board never can exonerate them selves; but I mean to be more just to them than fiey have been to their brother offloers. I m?an that they shall Iiave the privilege, at least, of being heard. In that view 1 have offered the resolution under considera tion, and I hope the Senate will adoot it. Mr. Benjamin? Mr. President, I do not intent to go any further into this debate than will be necessary to answer, in a very few words, one or two questi ns which have been propounded to me by the Senator from New Hampshire, and by my friend from Tennessee. The Sen ator from New Hampshire says that I misapprehend his argument; that he does not mean to say that the officer i of the navy have a vested interest in their commissions any further than this? that they have a vested interest in their commissions which deprives the < 'orgrenB of the United States, or any department of tbe government, of the right of turning them out of the .service except in such manner as was con templated when they entered the service. The Senator then asked why we c~>uld not, In the same manner, and upon the sume grounds, act up:m judges of courts of the United States? The answer to this is m plain and oiear, and obvious, that I am astonished at the question The members of the judiciary of tbis government hold their commissions, uurier 1 he constitution, "during good be haviour." The officers of the government in question hold their commissions during the pleasure of the Presi dent. My friend from Tennessee, luderting the argument of the gentleman from New Hampshire, still persists in putting it be 'ore Congress and the country that these officers have Veen charged with a criminal offense, tried, condemned and executed, without a hearing. Mr. Presi dent, yon remember well ? my friend from Tennessee remembers well, and perhaps it may' not be improper to refresh the memory of the gentleman from New Hamp shire? that pi lt>r to the year 1828 there wag a very large body of otiice:- in thi- country ? the civil offices of the go vt rnraeut ? held by men who had no other tenure than the good pleasure of tbe Executive; and about the year 18"-8 there was a revolution in the administration of this government tu. that subject, and nearly every civil ( fliccr? men, some of them, who hid held from bov hood the positions upon which they lelied for support tor themselves 'and their families ? men against whose uutarnisheo reputation not a syllable of reprmch was ever uttered? men who bore thomse ves as 1 jftily in so cial positions, and ts possessing all the attributes wai-.h should characterize an officer, a man, or a geutlemaa ? these men. without trial, up >n the instigation of cliques of village politicians, who wanted their places, found themselves decapitated by the Executive of the United States. The village politicians, who had volunteered themselves into an udvisorv board, reported up>n them, and took their places; ani yet one great oarty in this countrj was fo nd Mr Tones, of Tenn.? Mr. 1 resident? . . Mr. Bkn'an n ? My friend from Tennessee need not rise; it does not touch him; be wan a?tinst it. Mr. Josks. ol lenn. ? Perhaps it touches you. Mr Br.v.n v:\-No, sir; I ??? against it. Mr ]n\?.- < f Tcnn.--1 merely rise to ask my friend if he did' not condemn, in the most unmeasured terms, that very proceeding. Mr. Ukvjami.v ? 1 aid. ... , Mr. J OSES, ollenu.? Then come over anil join me, and C0MrtmBK^l>;.K-I will tell the gentleman, in a few mi nu es why I cannot accept hi* very polite invitation. Mr. I'rfrtldent "when that geneial removal of the civil officers orthe^vemmenttool place, which my friend from Ten nes^ee and mjself reprobated at the time, what was i the ailtutional power, he was not right in discharging fro>* the public service men whom he might deem, f[?? motion derived from any source, lncomueient to perform their public duties, that I reprobated the adopttoaofthat uoliticLl principle; but it was upon the ground that It Sirried corruption Into the political servicej thjt it made the ehoice of the officer dependent notupon the question of his capacity to Perform public ser vice ? that it abandoned the old Jeffersonlan doc s of Inquiry into his capacity and honesty, and substituted for it a question which, In my opinion, was corruptive of the public murals; U ' was for that rea son that I then denounced It. and 1 stlU denounce It. Sir, wAen certain gentlemen, (adoressing himsetf to Mr Hale) who at that time belonged to the party which adopted that princip e, maintained it, approved it, car ried it out, and, in their own laagaage, struck off ^.e heads of honest and honorable and oom F" cers. without inquiry, without eharge, without knowledge Hai^? Point to somebody else? not to me. I did n?Mr.? Bbviamin.? Mr. President, nobody seems to be^rtj line to say he did it. Now, air, what hare we done here ?what has Congress done here? The CongreM of the United States UaB simply endeavored to have a discharge from the public service of officers whose competency It has endeavored to test in the onlymannerln whtch,I submit. It wa s possible for us to test it? by the jeport of a biard of brother officers, who alone were competent to judge of their capacity and efficiency for the PubUcMsrvice. The gentleman irom Tennessee asks me it, with the kind beei? which he is pleased to attribute te m?j-and which 1 do not feel to be a very great compliment, for he took a rreat deal more to himself? I can aPPr0Ja of action Ki, board in relation to A, B, or 6 r Sir when 1 nas very suddenly called upon to state my opinions in tills debate, (very suddenly, Indeed.) I mentioned that I hud not examined" tbe li-t ? that I was not ?w\?re of, and knew no means of becoming acquainted with the fact whether tbi- board had done justice or (?uses. I have a very decided opinion in a few cases taat have come to my knowledge, that Injustice has been , l,,n0 But < he point which I want to bring prominently before the Senate and the country is this : there .has been no of anybody on any charge. The President has b- en requested by Congress to exercise his constitutional ore relative of dismissing inefficient offi cere from the public sei vii"e, to the end tbat he mlgbt perform ttn? constitutional duiy with every P09"1"* ^ a-nnirin* oorreot information waioh it was within the polver if the Congress of the United States to furnish Congress ordered that a board of officers should be caUed? to ?'o what? To ads ise ths Preslden' In relation "the capacity o'their brothe, officers todo the du ty of the lows cap Where than, is the idea of a wmrt' Mv hon< ruble friend fnm Missouri ( Mr. Oeyer) Rested to me jest nor what T ought to tave jaii be fore, that It a court had, been provided for In the aot 1 should hive voted against it. i hud no idea of bring ng the whole body of naval officers in this country under n rrt li '.rtial bv law. I had no idei of amending the law creating courts-martial and if the Senator from Tennessee -xpected that, under the operation of this law anything like a court martial was ?o b? > he d. 1 sub mit' to Mm with deterence, that he did not sufficiently study the words of the law, nor examine into its splrit or intent. Court* martial enough had been held in ; the naval service courts martial enough can be held under cur present system. The object was to furnish tho re sit'ent with an advisory board. Let us take a familiar illustration. Suppose I have a great deal of building Koing on, and my work is not none well. , am |?ot " ?Tiert but 1 have a Urge number of contractors and workmen 1 find that my work is not well done; I And that it Is not progressing with suflficienl rapidity, and I S B.', to* .liscbarge the Jncompetent Ipp5te?o h*lf-a.?do*en of "them In whom ? have ?enare?doing their' wo^k w'e?ll and which are not; and aSjOTlS oo?oth?esourcTof Tnfomiatlon,Tf dr?Sp fri'tnicy Jerri ce those who are reported to me as not working readily, steadily, and With efficiency? is that a UMrf Jo?ffi,ofeT-nnessee-WiU my friend allow me to ask him a question at this point of hU remarks. Mr. Jonhs of Tennessee? I will take my friend's simile, and put this question to h!m:-When a report was made to hlni of the incompetency of a portion of his hands, would he not as a just man, having the fortune-i o( thoae men linger his co.trol, If oneofthem cametohhn ?nd said "1 have been very badly treated, I have been nrenented to von as unworthy of continuation in your serriM inju'tiee baa been done me; 1 have been repre seated on rumor as having been guilty of charges of which 1 am innocent,'' would he not restore that man > hi* service on proof of thoH? tactsV Mr Brniamih? I will answer the Senator with the greatest pleasure, that if I myself possessed, as In the esse he supposes I would possess supreme power unit i u(i in the illustration suggested, the executive wUh the lfinsUaive and judicial power In my own person ! could th?n advise mvtelf whet 1 ought to do, and could carry my? wr^udgment into execution, and thus repair any wong which might havs been d7"'. BJ1.t ^(?t ' insUt on is thi?: tne government of the i nited . tat**, Mat divided into distinct departments and requiring the incurrence of various dera-tment.s forewent ac^ tlon on many occasions ? and In the present case th Ccngtess and the Kxecutive have ' particular act, and Congress alone cannot undo it-I say sf at ? * 7?kk~?X?lX SS'l", ss ? from the Senators who preceded me, and particularly rrcm me f friend from, who rlm?d o tVink th s w2s the first time in the history of ^ government that officers Who held their tenure j i - >1,. ?,. d nleasure of the Exeeutive had been, iuiout ^ufe w-G drcpped from the public -er :SMte?CliT^theheT of the.: lives in ,hMr'' Mauorv-M- President T was n?t aJtog?the- n* prepared for tte 'one In wl.ish tne ..?.est.oui fce^ore ^tie countrT in r"i "ion to the -wval --form bill of 'hi Ust S,n have been d .cu?1 V- .uy, h ..ause I have seen i 1 wor* out ?r doors which I know wotilJ n!tl. ' HTK L, "Jfffh *tr iDHoene# 10 be*r "P <?? the Senate. Hkat^fL.t Ik! oun'1ttion <* **" trgumeat, I ahould HTn.^r frVJ^ question propounded by the honorable . from Louisiana answered:? whether whit the ha 7 7 Mtkr U U a 1 BMlion whi?l should fZttZ 2Z*,JLC' r, u U ? P?" question of liw. board laattJ?? ia ?a?U*Uwu agaiatt tho K iupposed criminality ft would be the nnM?^ ft"mw0.ifMmlne' Peruana that phase of l,q"S f>r ? 'they fell in thaHbere must be fesT^wS^iw PP "Su1" tho#e ?Wch are con resiediy mistakes on the part of the board I do not propose now, Itr. President, to discuss the merit* of the corrwItlT^t nt6f 0F IS1 !t! 1featorw h**n oarried out correctly, but I could not justify myself, at chairman of MiadS ?!^0B *7' Aff4i") *nJ ?? one Who partisi Sfd not^^T"*8* ?f thf' bllJ through this bJdy.ifl *? e*?*nt at lea?t, to the remark* vr 'rom New Hampshire and the Senator of^IS^Tn *** ^nlged ??? I had not the peasure H*m?!?i?? tk? ,?<l<lfe ss oi the Senator from New rnn^n^T' 1 came into the Senate chamber thU nTZ iL . ,"'1?' him to bt attacking the motives 2tt?k??. V !.r,t00? hlm M ?oin? further, and attacking the character of the bill, and as cei of still ducUvI'r?f^",*1?1"innguthat th? rMttJt hM pro liTinLnii i? evU thaa ofbeneat. I confeM.alr, bte t?? L?' in,? ???Dge day, it is somewhat remarka urfwTt.^u toe Stn*tor ot New Hampshire standing te*ritv airt^* tliPforter of .the naT7; maintaining its in uFmiuZ . high character: for if there be a place when^ h.i ?T. i e,P'?cU117 have argued him, bMo? it ?kP, J"* ?' MSO?i??og with him I* !?? that ot * constant a act unremitting ?TL?. aaJ of a11 nival reform. 1 understood the honorable Senator at that time to rise in his place and propose to annihilate the nary, to rec*U all its commissions, and hiie It out by contract. 1 maT ?Ut tbaKi iHJhe impression whicii a speech, made by the honorable ^enitor aome years ago (and \ 'f!,"*1,10 " *<? 1 efresh my inSmo'y? milS on ?{at ,laJr- If he was the friend of the navy at that time, he coo ducted his friendship in no ingenious a manner a* to on the entiro naval seryfcs the oouTiclion that the great arch enemy of the navy was the W. B,p,hire- But. "if, whether he occupied that position or not is not material now the question is, whether the remedy which he proposes be a correct one. Wheu the bUl unaer which the Nival Board ?K'fi "S* reported by the Committee on Naval Affairs of this body it contained n? provision for droppiug officers wVibik i a ie ,n ?ny n anner to an inquiry as to W?m U,Ml been PMduce l by any' cause bliimable to the officers themfelvei. The bill a? it UnL " to the Houi,e of Representatives from this body, was a very brief and a very comprehensive ., lllie who were here last year know vnrv we 1 the feelings of the House of Kepicsentativea at thedi^!ii?ilUaVa?VefC>, nl', No K?ntlem:l!1 ht,r? kuiirs cfr .t r v lKe w*y,"r u*?1 reform belter than the t?r?%l ,lr0la Hampshire himself, and none has at ir^than*ry aer,ce1^- W1'en that bill was pend ing in the Houne, it was impossible to get any reform uulet-s the fena e concurred in engrafting on the bill a power to drop officers from ,he listf So deeply was tue House ot Representatives convinced of the 11 -ce,sity of mm?1' J v Ttt'l 'Js:nrea br ^e chairman of the C m mitteeof Naval AUairs of that liody (Mr. Bccock.l that nn i nt". * 1"JWe! "aH ingrafted on the bill we inigut not look tor auy reform; and then I sought, as a member ot the committee, to obtain fir those who mLrht be ?.r?i,I>ef Ui? th.1 ProvlBioa of ^e House of Represeta mc? pa? ; but that wa . refused because it seemed to be a foiegone conclusion iu the H-iuso that n?tV jr6,,1101 f'nl> offic*,rf' but numerous officers in the navy who > deserved no com ideration ef this kind We'l i n ^P^/g wllch it stands on toe statute P?; ~ed the House of Hepresentativfs by a two thirds vote, a most iull and careful exaoiination of in lei',iUres a"f a,t '' t,l# ?ercest onslaughts upon it. The vote upon its pa^sge in this body was almost, unani pous. Now. what is the character of the bill f The . enator from New Hampshire, aBil the Senator from Ten oeshf^ Keetu u teg?rd gentlemen who hive bjen ?fiected by the bill as di.shouoieii and disgrace!. I was It '/im? h """"Priced to find that names were introduced ?i? l i aboTe f^1' 'he uame of the distinguished gen leuian who is at the head ot the Natieual Obseivntory ?as eviteace ot the sacrificing character of the bill Whv air. it the gentlemen who composed the nav?I bmrd needed any defeuce whatever? I hold that as yet thev need none, heir own character issufficient to protejt them from the lnuendoes thrown out here? but if th-y needed any it is to be found m the (act that it telt itself constrained to retire that particular gentleman. Has any dishonor reached hiniV Has auy dishonor reached the vuneraole Vr6..W at the head of th? list for his retlra Is there not a period in the prolessijnal life of lY\y ?3Lc*r wht?n his physical energies fail, and when he is M longer competeut to pe.firm all his duties at sea or on shore? Is there any dishonor in main tftiiitng a noble commodore at the head ot the Phila deljdda Navy Yaruf Is there any dishonor attached to the gentleman wlie, although retired by the bo?rd ba' he*n r*,aiD^d at the head of one of the bureaus of the Navy department r Why, sir. the bill of the last Congress is the most liberal provision that any govern ment on earth bas ever mauc for Its naval offloers. Tnere is no naval set vice on the globe whieh has treated its offioers with that degree of liberality with which our government has dealt with its officers under that bill The 1 captains who are retired under its provisions with ^a ' P*-v fio<J tteir w?7 through life smoothed for them. In cor country, twenty- Ave hundred do liars a year, with ? * servicea by their country, is not to be considered a small item. Retirement does not carry thin, The ubilL itMlf contemplates nosui ki vi l^08f *bo have been dropped for incom petency blamable in itself consider it a diegrace. Whv sir, if a man has been wounded in a duel, it is incompe tency brought about by himself, but it does not carry 4 eS-ident' t!le 1)041 d P^ded for by the law of 'he last session was composed of fifteen officers It was an unthankful task for each one. I know the fact that seme of those who were ordered to serve on the TW V.i+er?t *xe?f<liaKI7 anxious to avoid the duty. IK*yf''t i* to be a very unpleasant one, and they ?? b 1? Bn^,lge to u- Th* Senator from feunes ^'however, traveU somewhat out of his way in no-. ?^a,tU1ckln? th? rWnlU of ^ action of the bird, bu rifv I* re*lu'rV ? Ter7 great amount of cha rity on his part to preclude hlm from attacking their motives also. I will not comment on that. Sir as to the question of law which lies at the basis of this in. Q?*ry' .*ati to which I hava before alluded I trust that when the matter comes to be discussed in Kill, it may be answered. When the opponents of the bill caii sb?? ?nf prohibition upon the President and Congress to dismiss at any sime their employes who ho'd o* ? 6M a f w111 of ,he Executive, I s jail be ready to change my o] inion. When they shall prove to me that a na\?l officer in this respect differs from any other ^f^henthey show me that the nava? officers of rigkt8 in thi" rei,pest from the aimy officers of 1815, who were set aside? or if they will show ZVnJ 1 ,ere? any ??n,t'tutional prohibition upon tho .r- ofl'cers? I may change my opinion. But I thi ?n?i ? Congress and the President may disband tuilufv TT." ^he fc*nator from New Hampshire cer nf Tt h , UJJht SO at one time? not only the whole Of it, but nuy { art of any time. This Board was merely SEE* lb" Philosophy cf the bill seemed to be that *b Aber ?n officer deserved to be retired or not, If he oc cujied such ?. [Kisltim amoag his peers that in their jufgment he oight to be retired, it was better for t?i? honor and interests of the country that he should be re retired. Aiioth-r item in the philosophy of the hill was the nnvvT.^r fV to, tru!,t the purgation of the Navy to r.? ?^iV 11 v any l'Oi'tical power; that, if the mLhi i not br trusted with its own puiification no political power could be trusted with it. A safeguard was thrown arrund this trust, by not designating anv rf hZV/,' ."' l,he lHWJ, ';Ul '?llVlnf? tY,0 selection .!,,i ? Z?n la an '^partial attitude *h0'e < i ly bias Was to secuie the navy the greatest possible t'fficiency? the Secretary of^he Navy. H re I "'V, ,?? 'h?,' wh"' he ?esignated the officers to compose thai Board tbere came up trom all parts of the country > ne ii niversa, acclamation in favor of his action. Some id. he 1 very men who hare been operated upon by the Board were the first to give in their adhesion to the con ?Tarv' A1,hough I have thus defended the Board, I have no doubt (and I rose partly toe the purpose C*8eS *Dli of lajJXlfXSSt ffci ' - ? . not lnf?lllb|e, ?nd for that reason P?Ter 8lvea to the I'resldent of the I cited States. That of course imp'ied a power to dis apnrove and Iirplied an examination before doing either. Sir, let not the charges of the honorable .Sena tors trom Tennessee and New Hampshire rest on the Wd. but on the law itself. If any law had con tea,! plated such a court martial as seems to be regarded here ?LHJikT. P1revn,1?<1, that officers should be caUed up' Ind yldually, ami compelled to answer charges and con? front witnesses, it could never have got my vjte b? btU'fn l?1?ht ha?e known, as every Senator knows' who has any knowledge on the subject, tbat we might sit here tor ten years and nevet arrive at the conclusion of a n"a' l- ?1?ht know, too, that the inefflcien ftr es from various causes, on which no JP**'^ chV?e can be framed. An officer that has tried to evade his ?ea duties tor years, who in the ]*mrn*<ra svlva^ ^enator frrm New Hampshire 'has made I'enn ?!.? k! avenue his principal cruising ground, could not be charged with that ; he could Sot be tried met hi!. ,hei?Pri??l ?w U couM "ot be brought and met, because it had been the habit of naval officers everywhere to lay their anchor to windward by appiring srcrXrv7fCtbi\'he WUicb application th? se f w? nnt hm?i P" "?v 1 DBm if tb" offlcer him per waa not fitted for the truat. But. sir. I hold th*t when a grand jury, if you choose to call it so, of the navy b^?t , m ^ ?Lhe 'aws of the land, aelected from the this snh^t ?n I'hT ? ' 6 a,lTiH^1 the President on this subject, and he, after Investigation, has approved should be very ittle general oom P, charities of the Senator fr>?i Tennessee aff^tl b^U- 1 ?etl'"ftrJ' I?1 n'th th0,", who have been outrank at ?(rlr' At alL "TenU lt "hould not re cl i ! I .n fr , ,114'7 Iem,!h his charities to pre elude him from imputing dishonorable and corrupt mo i es to the board. The honorable Senator from New "nmked'tblt Tr"en'ing ?n tb* action ol the board, t tbVd h?t .l A lv w*u "Dly fourteen midshipmen Htunl but that when the board reached the irade 'XiBt ra,''"'Dh' tDey f"unJ them so corrupt that '' w* necM!<"r-v t0 retlre half of them. Surely he knows as we'l as any man knows that it caVtetau tw? ti b' "tf 'ni th? corruption of post wl!, A,- !,. 7 *lr?PPc<1 or retired; and U ard ittalf V Tl rtn,aik but 10 ?ff*ct the ' aia iUelfc Tliere were three post caD tains droDne.l fiom tha service, and those who were retired were placed mnlnTeMn?D^ab'e po,liti*n' "ith a sufficient pay for tke ItSH ti

S"?; nSLSffS ^ Jz ?? de^ SStTrrfrtS ,mp *t*d,but honorable retirement, i or e. n il any act'oa of the board Is a disgrace, Hiaf wt , a conriction of orime. The MraUel J^tweel offl?* ?Piitl!man fron> T#nnes*ee has given tSSS/^rm 7 Ul? board 'Dd a criminal Fo thlnkthita .il r,,tn;rkable <">?? He seems en ce of a l*r es?d?n??? 7 brln?" him,wlf u?^r the influ ^a^ trf commiMion, and he who violates At ativ^ '# h .'m Wd 7?c"Py the sane position. C *,,-T.r*1*' 1,8 argues as if they did. A man who tahlT ^X^r^V7 h'" ?w? PunUhmeu? ^. lateeTor n,^ .?*, ,Uw U him and he l-io deceives , owu P1,,>l'?'e Vhe man Pr .,l.nt ,P ?h? hiu-ls of the it with the express nnder^un' lag that be in to give it up whenever the Executive nays in. In this ea*e the Executive has not only Mid ?o, but be has been constrained by ltw to ay so. The Exe cutive bah bad power, of course, to drop anl furlough offioers, but it U a rower which nas been exercised euly In extreme cases. We have all known cuei in which the Executive rlgar might have been exercised when he haa Called to do h. For the last fif.een yearn, Secretaries of the Navy have, in almost every report they have sent to Otngresd called up >n the two Houses to provide tome means of ridding the uuvv of imbecile and superannuat ed officers. We have hitherto failed to do it, and every measure introduced to Congress for several sessions be fore last year, met with opposition. This law seemed to have none here. New, because the board has gone somewhat beyond the expectations of the public, be cause it has gone somewhat beyond the expectations of the Senator trom Tennessee and the Senator from New Hampshire, ita whole action is to be net aside, and the Senator from Tennessee and the Senator from New Hampshire are to put up their judgment against that of the fltteen naval officers who have identified their lives with the navy. If a judgment of the efficiency of naval officers is to be taken, I think an in partial public would prefer to take it from those who have passed their lives in the naval service, who have familiarised themselves with the officers, and who, having the records of the Department before them for consultation, have given judgment upon the lubjeut matter ndvUedly. I know mme of the officers who were members of the board, sut not all of them ; and here in my place I undeitak* to say that, search tueir conduct as you may, if every word that was spoken ou the board were repented here, we should not only find nothing to | their diSciedit, but everythiog to show that they acted strictly in the performance of their rigorous du<v ? a du tv rigorously imposed upon them, ana paiutul for them to exercise. I shall make no opposition to the reference to the Committeeon the Judiciary of the memorial ?Ui;h wax presented by the honorable Senator from New Hamp shire. Mr. Hale? That hag been already laid on the table. Mr. Maljory? I know that; but I unlerstrtnd It haa be?c laid on the table simply becauie It is desired to call dl, L/'IwL"] ".Dd ^ Tt %2 the Committee on the Ju fcinjir J ! instruction*. Heretofore, memorials of a AfliiHf6 <T? , rofofred to the Committee on ? J- *' 1 understand the viaw* of that fhfl ? ' proper tUt 1 "hnuld nay thai l*7?:ur j/th the reports of the Secretary ol the Navy kLT-T <?il,l'n8!,ion maintain t he general astion or the board, believing that it has priKluued a great naval re form-be ieving that the navy has reserved jouug Ihe nun ' *i i it?11 every department of the service, r iaposed a* I am to maintain the action of the board in > I an> Ht ill ready to admit that provision should bo made tor cases ol injustice and hardship, waich the Se cretary of the Navy seems to acknowledge do exist. I tru*t some means will be found to ao justice to evo-v man who has been hardly dealt with, and to leave hitn the means of being placed In his ori*iual position with the acquired rank which the action of the board will have given him; but I know of no way in which this can action '"'e>eot. ?wl*8 it be through Executive Mr. TorcBT? Mr. President, it seems to me that the only point which it Is at all material to consider at this time is, what is the power of Congress over this subject? wi h rtgard to that class of oil leers who fure been dropped from the service, whose numes have been rr^M?nr/ ,r?m ,he rollH by lUp ?odou of the this wlrf 10 1 ImrHuao.ou of tht* recommendation of nntnftii ' J " y reiuark that they are . t. "?."?' a C*'?Kresg has no power to re store them. This ts a point that 1ms be-u repeatedly decided In the Senate. The power of the H^utiy,, ,lU(1/r the constitution, when it is exerted by^HIo President works the effect of putting the officer euiirely out o* the service as fully as any civilian who may have been re "V'?rl??T patblitc, ""Payment, and there is no mode of "? He'V,0B extept b-7 a re-nouiinatioQ. Has the fcenate any power to compel a re-nomination? We can undoubtedly refuse to approve ol the nomination in X/bL .* i. ?aH sometimes been attempted in the berate, but it has always foiled; and it hn failed tor the reaHcn that the Senate has no power, under the constitution, to direct the executive with regard to any person whom he shall uoniuate to office, it is an at empt to exert power indirectly which the const! tu tion has not conteired upon us directly ; and for that reason I think in every instance iu which it has been attempt. d it has signally (ailed ; so that, with regard to that class ot utiicers wnose names have been ?tricken fmu tho rolls of tue navy, there is no remedy but by an application to the executive. With respect to those who are plaeed on the retired list, I confess ! ,1? tljt*lr condition ii very different. They hold the commission which was originally con iUP<)" , l; a" H1" **w. by the action of the Board, has only restrained theiijemployroent ami placed theiu out of the line of promotion; but they are still olH 5w u J4,y-. Now> ?*p. we c*n repeal or modify that law, and if by a repeal or modification of thtt law that class of officers is no longer under that restraint? ir they a!0 uo longer out of the line of promotion -they stand in the condition in which they stood before; and if we shall not have confirmed the nominations whic? lure been inade, upon the idea that they are out of the line of promotion, they may be nominated and may be promot ed. Cougrean, 1 think, has full power over the riubject except with regard to that class of which I have sp/ken' who aie now out of the navy; and they can only be re the constitutional action of the Executive and of this body. With regard to the other class, I think, in the preeent state of thiugs, as no persons hare been put in their places, as bo promotions have taken plase be cause, as an ajipointnirnt dunng the recess of the Senate by the President is only untU the end of the next session of the Senate ensuing, it depends entitely upon the ao tion of the weoate whether these appointment* become permanent, and whether permanent commissions should be issued. It seems to me, therefore, that if anv injustice has been done, we hive li in our power, so far as the retired list Is concerned; but with regard to those who are put out of the navy, I do not see that we have any power over the subject, except t? follow out the ac tion of the Executive. I have nothing to say, sir. with regard to (hi* law. There is no doubt that a reform was needed in the navy. It has been recommended for a se ries of years. I recollect that a timilar measure was re commended during the administration of Mr. Polk- and I b?Bn 1 fluently before Congres* since.' The ?i'j.tC wK iou8ht WM ? desirable object-an object of the highest importance to the countiy. Whether it Unaccomplished by the action of this Board, I am not able to say. I am not lnformet? I know not the grounds ?n which they acted; but thore are cates within , ,,0* ^e of persons having been placed on the re tiied list, who, in my judgment, occupy as high a posl ?; ?''n^erVi^ ln m any officers in the navy. With restard to the class to which I have re lerred, we have the power, but I think it is prema tuie for u., without facts, either to condemn the action _ of the Board or to approve of it. 1 say, unhesitatingly, that I do not Impugn the motives of the Bosrd. I doubt not they have acted as honorable men. upon a subject with which they are very fomiliar* an i whatever they may kave done, their intentions were to promote the best interests or the public service. This much 1 will ssv in advance, and until the subject has been presented by the report o' a committee in some tan gible form, I shall be unwilling to go lurthur iuto the <le bate. Mr. Hals ? The Senator from Florida nays I have al ways been an enemy of the navy. I totally deny the chaige, in geneial and In detail, in the beginnin/ nro ceediM -no end. The whole of It. originates in one fact which I will sta.e. The first time that I had the honor of holdirg a seat 011 the tl<?ir of the House of Kenresentatives and tbe first time I had the honor of holdmg tt seat on tbis floor, I began to stilve eartes<ly, in season and out ol ?eaf??n, lor the abolition of Hogging in the navy The CI tirn ao of the Committee on .Naval Affairs? all tho.<e of beers whoi.e cruising ground was this Cj.ptt<d? were de nouiicirg me as an eremy to the navy because I was for in tnslu< iug that element of humanity into it. Hut, sir that measuie was canied; it met the approbati >n of every friend ol y, and Bgalust the obstinate preja uioes of he navy itself and the officers of the aavv it In made its way into public favor until, to-day. as an hnuibie champion ot that great measure of ref.irm I have the satlsCaction of holding in my hand the evidence of the approbation ot the he/.d of the Navy Depariment r li? reformation, for endeavoring to procure which 1 have been stigmatized as an enemy of the navy. port"16 r-eH 6 'S?crfctdry tlie Navy, in his re . h,?l,e indulged with mnch confidence by raanv experi er.ced nbFervers and oitl-ers, iiolwithsiandtnir uaiefnl nnnrn hcn.ion, and Rl,.omy lore -dings of di,a"lro!5s TOnse'i! mmes ftom the aboluion of pmdsliuieni iiy nv inn Mi mane act toother wi.h the recent diJipllne hill of reward, an I punlsbnienls. thecharacter ollbe seamen as a class wilt by lhcl?creased \villln?nsss r.i ibe laborluc rouua men of our own country lo serve under the (lag. The Secretary does further homage to this me. sure o? humanity, by informing us, in the same repTrt Ir - * MX monttB bel,,re tb? supplementary bill Wa" they enlisted eigbt hundred and ninety-six men, while for the succeeuing months thev enlisted two thousand eight hundred and sixteen. ' Sir it is because I identified my humble self with that irraat refoim. which has now apuroved itself to the commenda tion not only ot the people but of those very men Who navy? &m 8riK??atized as an enemy of the Mr. Mallory ? Al'ow me to ask the Senator from New Hsmpshi-e if I am not right In supposing that he pro posed here, in this place, to limit the commissions in the navy to the term of fen years, or to appoint officers of of* ears?' " ?l C'V ' " arc "PP0"1^- for a term >lr. Hair ^1 did propose to limit their commissions to ten jlari, and if that ha I been done, it would have ob riated this infernal bill Aowlet me say another thing In relation to the reform of which I have sposen After tbe passage of tbe bill abolishing flogging in the navy a squat ron returned from the coast of Africa, and it was nay fortune to be in Boston when that squadron arrived there. I met the Commodore and the Cantaln^mmo doie Uvallette and Captain Nicholson? who commanded the Germantown and the Pale. 1 was introduced to them. The first remark that these gentlemen made was that they had al.nsed me a gre?t deal, and I think they said they had curted me a great deal, for mv agency In carrying through Congress the nrovlsinn tor the abolition of flogging in the navy- '? but "lrA \"a,d# have altored our opinion, entirely Our vesse;s now Ue here at knehor In Baton harbor, and we shoull be exceodlo^ly glad ii you would go over them and see how vastlvTa proved the character of the men is from what it was when they were submitted to the cruel punishment of the lai-h." 1 confess, sir, modest as I am, that I felt a little proud. There was a little compensation in that for the odium and opprobrinm that had been cast on ma for the course 1 had taken here. I went amongst the men I talked to them; I saw men whom tba Commander told m? had been for thirty years in the navy and never had had the laeh applied to them. 1 asked them, " Is it a fact a. Dae been stated, that since the abolition of flogging the skulks get clear of the w?rk, and the work is thrown on you good men ?? ?? No such thing," they answered with ene voice. The officers and men said it was a great re foim. 1 went through the vessels, and after what has keen 'aid, I presume I may be permitted to state what occurred when I left them. The men aaked permission of tk* privilege of extending to so hum ble an individual as myaelf some mark of gratitude for 1h?, ' h,d bad in introducing this reform, for wbicli I had subjected myself to the censures of th? Senator from Florida and others. They presented to me a very modest but expressive medal com memorative of their thanks and gratitude for the hum - b'e services which I have rendered in oarrviny through tbisg-rit measure of reform. For my agency in it have bees ttifBkttitd m' an enet oy of the na ry Sfr, I aa an enemy u nothing on Goa'a earth but opprea aion and wroag, ; 1 an aa enemy to wrong, rtrtk* it beam upon the black or the white, the alar* or the officer. Whenever you undertake to opprea* a man, to strike him down, to deprive him of h in right*, no mat ter in what fetation hi may move on thin lootatool of God. I am an enemy to tbat wrong, and it makes no difference to me who suffer* it. If in luture con tingencies that may be before ho exalted an Individual 4* the Chairman of the Committee on Naval Affair*, the hand of (ajculioe Hhould never reach him or hi* any aid that ae humble an individual a* myMlf can give him ha may command. Now, sir, I have a woid to Hay to the honorable Senator from Connecticut, (Mr. Toucey). I re- ; joice that we have the aid of the opinion of *uch aa astute lawyer aa he hi*, a man Who haa occupied m> high a place a* he ha* in the council* of the nation, having been it* Beat legal adviter ? the Attorney General. Wlwn he Hay* i fee* no difficulty in thla case," In* regard to thoee 1 officers who are on the retired and furiough lists, I can tee quit* aa clearly how to meet the other cue, aud I am not without a precedent. I caa give chapter and verte, and thfre are some member* of the Senate who will doubtless remember the circumstances to which I allude. Since 1 have been a member of the Senate, the President of the United States sent to ua the nomination of a major In the army, to take the place of a major whom be had removed and dismissed upon the recom mendation of a court martial. The Senate refused to confirm hi* nomination ; and added to the resolution of retuaal that they refused to confirm the nomination for the reason that the construction of the court martial which had dismissed the occupant was unconstitutional and illegal, and they sent that resolution to the Presi dent. What did the President do? He sent back the nam* of the officer who had been dismissed, and since that ? as I am told by the honorable Senator before me. (Mr. Toombs.) who knows the history of the cise aua was instrumental in it ? he ha* beeu promoted to tbe rar k of colonel, and ia now a colonel in the army of the I'nited Stales. That was the way the Senate at that time temedied Fxeoutite wrong. Now, wluit would I do heie? Suppose the President sends a nomination to ull the place made vacant by droppiug Sir. Stevens: I would reject it, and 1 would asilgu as a reason that we reject the nouiioation because we b Ueve the vacancy has been illegally and wrongfully create'!. I think tbat would remedy the wrong. I have a word to say t > the astute lawyer from Iaiuiainna. (Mr. Benjamin). He ?ays that the answer to the case which 1 p it is so plain that he wonders that 1 stated it. 1 am going to pay him just as f;o<l a compliment as he paid me, arm a little belter one. have so utterly failed to make an impression on his clt-ar mind of what seems so plain to me, that I will not try again. I have already tried twice, arid tailed; but if thi- question ahsll come up again, a* I think it will, for my fiiend from Tennessee has pledged hiiu-ell to bring it before us, I shall ttike the fcca*ionto explain, 1 think even to the entire 'atia'action of gentleman from I,oul biana, that the |>oaitioa which I have taken in reference to the tenure by which these raval officers hold their commissions is "clearly right; beyond coutrovei sy right; b'yocd the shadow of mi. ake iigh? ; beyoid the cavil of scepticism right; and 1 will convince the Senator himself of it. Having said thus much, I have only to express the hope that *his resolution will be pas-; -d, aud tint, if thure is any record, we shall have It; and i? thee U nono. we fhall have a clean white paper to tell us that this Ui all the Bcatd kept. Mr. M-Alloby ? Mr. 1'ie-ldent, in characterizing the herorable gent'eiuan from New Hampshiie as aa enemy to the navy, when he occupied a seat in this chanber at a ft lmer time, 1 made no allusion ?h?'ov.-r to lii.s efforts for tbe abolition of corporal punishm*nt. 1 made the as serlion because of hl< adrais-io/i at this vei v time, his digtinct admission that he did favor an entire di member mtnt of the navy. He advocated the recall of every com mission or a limitation or the duiatiou <.f the commis sion 1o a specific period of three, or four, or leu year*. Vr.HAiK ? Ten tears. Mr. AUi.Loity ? I eliaractei ized him as an enemy of the navy, not because of his identification with that special system of reform to which he has all vied, and which I did not introduce, but because of the hones" lonvletlon on his own tnind that the organization of the i. ivy was taulty, ? nd that it was not essential to the public interests to continue it, and he sought to disband it. inasmuch as the t-enator f:om New Humssbtie lias alluded to what fol lowed the abolition of corporal punishment in the navy, and as I haul something to do with that subject on a former occasion, I rrny mention a circumstance which has happened. The recruiting service in now ggfsft on prosperously, as the Secretary of the Navy says, not because of tlie aholi'ion of that peculiar fjrm of punish ment, but because of the inoreaso of the pay of the navy and of the prospects held out of extra pay for good sei vice. aud of honor* and rewards to the seimcn, in pur suance ot a bill we passed at the last sossion. As an offset to what the Senator has stated of the treatment which he received for his identification with the efforts which resulted in the abolition of e.orporal punishment in the navy, I can tell him that within the lost three months a similar occurrence has taken place (only for a very opposite reason) to a gentleman wiio was identified with the opposite side of that quest 1 >n and who favored the retention of corporal punishment in the uavy. The gentleman to whom 1 allude visited one of n&r public ships, and tbe first lieutenant waited upon him, at the Instance of her crew, to compliment him, in thn name of tbe crew, upon his identification with that measure, and with tbe increase of the pay of the navy. I mention this fact only to show that there is not a unanimity cf feeling on thiat subject, and the recruiting service goes on piospernnsly, not because of the aboli'ion of that punishment, but becanse the seamen get better compen sation for their services than befire. Mr. Mason ? I move to >ostpsne it* ccnsidrntion for the present. Tbe motion wa* *greed to. FINANCIAL AND COMMERCIAL. ? OUT IARKHT, WnB.VK8n.iY, Jan. 16 ? 1 P. M. Quotat Ions for stocks took quite ao upward start at the first board to-day. There was an active demand, jand higher prices ruled throughout, lnliana 5's advanced 1 percent; California 7's, %, Illinois Central Bonds, % ; Cumberland Coal, New York Central Railroad, X ; Erie Railroad, }{ ; Michigan Southern, % ; Panama Rail road, *?; Reading Railroad, 2; Harlem Railroad, )?; Hud son River RaUroad, 1 \ ; Michigan Central Railroad, X ? Galena and Chicago, 1; Cleveland and Toledo, 2; Chicago and Rock Island, 1. Cleveland, Columbus end Cincinnati fell off )i per tent; Canton Company, State stocks and railroad bonds were in molerate demand, aud sold at prices previously current. In the leading speculative etocks there was considerable activity and buyers were abundant. Reading was the leading stock on tUe market to-day. It opened yesterday at 83}^, dividend off, and closed to day firm at 86 X, cash, with large sales. The di vidend in stock Is a little larger than we anticipated; but an the company have a dividend fund nearly equ?l to the amount just declared, the aggregate capital of tha road will not be mush increased At the dale of the last report, N'cv. 30, 18M, the dividend fund, mid" from the sinking fund, nmounted to $249,0ftfi. Last year the $100, 0CO paid in to the sinking fund added a lew thousand more than that sum to the dividend fund, which will r u -p it to about three and a hall per cent on the present capital. As tlile fund Is made up troni the reduction of dejt, the dis tribution of the furd in stock dies not increase the capi. 1al. It is our belief that in less than sixty days Reading will sell as high a* It did a week since dividend on. The improvement in Erie is not at all strange. The liacresse in gross receipts duiing the first quarter of the present fiscal year is satisfactory, and under the iuteiiig'nt superin tendence of Mr. McCallum. the utmost confidence can be placed in the economy of expenditure. We consider the Krie Railroad just now one of the most judiciously managed roads in the country. All its financial affairs art honestly administered. We see none of those extra viigant operations fo apparent in all the movements of the New York Central Company, and its net earnings are to-day equal to a larger jier cent on its capital than those of the Central road. It Is acknowledged to b? operated at a less per cent of its gross receipts; and with a business paying, in every particular, full as well as that ot the Central, it follow* that if oce earns a dividend the other must. As an investment to ho4d for the next five years, Erie Railroad stock, at ten per cent above current prices, will pay better than the New York Central. The capital of the former is now awut three millions below the latter. Under the present administration ol the Erie, there is to be no increase of capital, while in the Central there is no ? estraint and no restriction. In the last thirty montlis the Central has added more than fix millions of dollars to its capital, and must continue at the same rate. The Erie Company have officially announced its construction account closed. Its sinking fund will give a dividend of nearly five per cent per arnum on the stoc';, Indepen dent of its other net earnings. It ia estimated that the ccmpany will be able to pay this year, (1856,) ten per cent dividend on its capital, in stock, out ot the pro ceeds of the sinking fund, and about four per cent in cash. Py the re??dution of the diio '.ots, establishing the clnklng fund, It is t<> be divided among the stock holders as soon as it reaches an aggregate of one milli >n of dollars. Nicaraugua Transit lias been quite steady for some days. Outsiders have been gradually picking up the stock and taking contracts, buyer's option. Galena and Chicago touched the highest point to-day. The books close to morrow, the 17th inst., at two o'clock, and there is an active demand for the stock to get the divi dend. It aold this morning at 126 percent. Cleveland and Toledo was active, and aold freely at the advance. Western railroad stocks generally were in demand at bet ter prises. The stock market was altogether more bnoyai^ and a feeling of confidence prevailed among holder "and operators. The Impression is becoming genera] that a speculative movement of considerable Im portance is not very far distant. We coincide with this belief, bnt have no idea that it will come upon us other wise than In the most gradual manner. After a time we ?xpect to see a slow, bnt steady appreciation in price* for all onr public securities, and a gradual increase in the volume of capital seeking temporary and permanent in vestment in *11 the leading stocks. The country never was richer than at this moment. An immense amount of money has accumulated in the hands of the agricul tural classes, ard their prosperity most give in Impetus ( to evtrj brssch of industry, aa4 strength to irsrj leafl interest. At the second board the anrkst *u stead y and I rately active. There ?u no material variation 1b aar of the leading stock*. There appears to be bay ere ?f Erie, teller 'u option, or any other way to suit the bears. There vu a small lot of Galena and Chicago gold at MS par cent, and It was in demand at the close. Stock ecaroe. There are quite a number of order* in the ftreet tar Milwaukle and Mississippi a took, and it U with the utmoet difficulty one of them can be filled. Holders are not ere, and the tear city of stock prevents operations. The last aale was 81 per cent, buyer thirty days, and tfett price was offered for several hundred a ha res. The Assistant Treasurer reports to-day as follows:? Paid on Treasury account $26,510 tt Keoived do. do 128,230 tf Balance do. do 2,26?,0T? U {'?to for A/nay office 62,939 * 1 'aid on DiBburBiog check* 66,894 After the adjournment of the board, the following sales of stocks were made at auotion 20 share. Exoelaior Fit. Insurance Co VtX Zo co. Peter Cooper Fire Insurance Co Wj| Albeit H. Nicola; 'a regular lemi-weekly auotion sals of stocks and bond* will tak? place to-morrow, Thursday, at 12 K o'clock, at the Merchant*' Exchange. We are ka tormed that some first class batik and insurance stocks will be found on the list to be ottered. A resolution instructing the committee on banks of tke Massachusetts House of Representatives to consider the expediency of reporting a bill to prohibit all the la the State irom Issuing notes of a less denomination $0, or from receiving notes of foreign baukh of a leaa denomination than $6, has been rejected. The cash balance in the hands of the Assistant Trea surer, Boston, on the 12th inst., was a* follows:? Treasury account $2,762,094 34 1'ost office account 31,010 US On deposit 194,515 71 Total $2,987,810 M The receipts at the office of tie Assistant Treasurer, Baltimore, during the year 1855, were as follows: ? Frcm duties, &o $83", 587 4)? " other sources i.M.:>8S 7 1 Total $1,531,074 2! "lbe Boston Juurnal of the 15th inst , says: ? A moderate business was done at the board this mora itin, the tone of the market being dull and depressed Worcester declined U '? Vermont and ('anad:i 1; sales ot' Htchburgat 76J?, which was the ssklug rate; after th<> board sales were made, seller's option, (.0 days, at 75 . Bcstr-n atd l'ro?i?leice dull a*. 69& a declinc of 5% from last sales ? this stock rose very 'apidly, and there will probably be a reaction in the price; Vermont ao4 Maw-HChusetts, 8>i bid; Western, 80>? a 89J{; Main* steady at 82^, wilb small lo's on the market at this qno tutian: Northern tmpioved %: Cgdensburg hf-avy aud t was asked without obiaimng buyers; B >ston and LnweM for sale at (15; Manchester an<I Lawrence at 60. Balance 1st Jan., 1855 ll?,284 OS Total $l,H5s',258 27 1,626,508 15 30,060 11 Payments during the yeur.. . Balance 31st liecenafcer, 1855 Stock Bschuft. WkdkhSIUY, Jhii. 18," 1859. $4ff0 US6's 11?% 300 ah* Erie UR.sW 6tK 4f00 use's '08.... 11?% 150 do b30 8i% 12< 00 Ind State 5'?... 81 350 d? blO 82 % ll.CO Teun 6's, 90 . . . 91 % *'0 do 62 % 1C00 UihfOUTi 6's... 8T>}J IlOO do bib 8'^% 3000 Calif'uia 7's,'"0 84 >4 15* di> *>15 52% 1(00 Erie 2d MM*. l.?? 25 do s'f 52% 2C00 Eri? Bdu tf '75. 89% 100 do b3 52 % 1000 Hud R 1 M Bds 09* 200 do s3 52* 2C00 Hud R 3 M i*U 03 200 do bJO 82% 10000 do 02 102 Mlcli S k N la RR 87 % 2000 111 On RR Bds. 81% 110 d) 87% 1*3000 do 81% 26 Psnatna RR 99)6 45(H) do 81 200 Bonding RR 84 5(00 do....s"0 81?,' 200 do b20 8# 80(i0 do .. -bUO 81% 712 do 88 2( 00 111 F Bds, w py 87 100 do i4ui 86 3000 N Y On 6's.s3 80 200 do h60 8T 26 ?h* Bk N York.. 116 200 do ... . b39 87 26 Metropolitan Bk. 106 450 do 80% 10 Continental Bk . . 103% 400 do b*W 86% 20 do 103 100 do si 88% 6 Oliio LfcTrCo.. 93 750 <io ?3 86% 50 Canton Co 22% &0 Ilarlem RR 16%. 150 Nic'gua Tr Co... 23 60 Hudson R RR.. . . 28 ldO do b3 23% 50 do 27% 400 do 23% 300 Mich CenRR.... 90% 500 do *60 23 100 do b30 91 ? 00 do b30 28% 400 do W0 91 100 do nflO 23 100 do siui 9* <00 do 23 48 Clev C fc Cin ex 100 do b30 23 dlroff 98 100 Penn Coal Co.... 99% 6 do 97% 16 do 100 25 4o 97K 1200 Cumb Coal Co. . 23 60 Gal kChl RH.s30 126 X 100 do b60 23 % 200 do 126 100 do b80 28% 1060 Clev fc Tol RR. . T3 200 do *60 23 100 do s4m 72% 08 N Y Central RR. 92 100 do b30 73% 200 do Mm 92 660 do b60 78% 260 do b3 92% 100 do...-..bS0 73)4 109 do #2* 60 Chic fc K 1 R.blO 86 460 Erie RR b3 62% 80 do 86% 100 de slO 62* 20 do 86 X 300 do s60 62% 60 do c #6 I 600 do <3 62 % 20 do 86 200 do...,..bl0 62% 6 Sixth A* RR.. .. 8? SECOND BOARD. 8600C Virginia 6's. . . 93 100 aha Erie RR .. *30 62 16000 1U Cen RR Bos 81% 100 do a60 6* 3000 111 F Bds, wpv 87 100 do .. .s3 52 ! 20 sh* D fc H Cn Co. 117 % 90 Gal k Chic RR. . . 12# 100 Nlc'a Tr Co . .b30 23 200 Reading RR..b30 86% 46 do 22% 100 do ??% 150 do 22% 200 do 86* 200 Florence Joint... % 200 do bt)0 88 % 300 Cumb CI Co.. bSO 23 300 do b60 86* 60 do 22% 76 Mich Cen RR .. .. 90* 100 Erie RR 62)4 60 Mich Sfc.V la R.b8 87 % 60 do al5 52* 113 do ? 88 350 do S3 52^ 100 do s9? 87K 200 do 800 52 100 Clev fc ToIRR... 72% 300 do slO 52>i 200 do bOO 7334 350 do 62'* CITY COMMERCIAL. REPORT. Wkd.vksday, Jan. 16 ? 6 P. M. Afras? Unchanged, with small Hale*. BiiFADsrt ffb. ? Flour. ? The market was without champ* of moment in prices. The sales embraced about 6,000 a 7.000 bbls., including c inmon and extra Slate at $7 87 a $8. Western mixed, fancy and extra at 17 87 a $8 40. Kx'ra Genesee was unchanged Canadian was in fair request, with sales of S00 a 400 bbls. at $3 a 89 75 f->r c>.mrron to extra brands. Southern was unchanged , the emeu were 600 a 600 bbls. at $8 a $8 02% for common to choice Baltimore City Mills, Alexandria and H?*ard street, and $8 76 a $10 26 for fancy and ex.ra do. Rya flour ? About 200 Ibis, were sold at 85 50 a 87 12%. Corn meal- -Sales of about 100 bbls. New Jersey were Bade at $4. Buckwheat was quiet, at 82 37 a $ i 62%. Wheat ? The market was quiet, and a CJnxideraMa lot of good Tennessee red was offered at 81 98, and $1 00 bid. A small lot of unsounl Southern brought 81 00, and a small parcel good sold at 81 90. Western ranged from 81 80 a 81 90, according t j quality, and the last tale of Canadian white was made at i'i 06. Corn ? The market was Arm, without any change la prices. The sales embraced 20,000 a 26,000 busoek, including old Western mixed, at 91c. a 93c., deli vered, and new Southern yellow and whiteat 85c. a 88c. Rye was inactire but steady at about 81 30, with small sales. Oats were heavy, and tended to lower prioe*. t'tnte ranged trom 46c. a 48c.. and Western at 48o. a 50c. Cokkkk ? Sales embraced 1,000 bags Kin common grade at lOHc.; 76 mats Java, at 14%o., and 100 skimings Ki?? at 10c. a 10%c. Co ttox.? The market was more ac'Jve. and the sale* embraced about 2.600 bales, including a few hundred m transitu. Themarket was steady, and middling uplanda were at 9%c. Hugouto. ? There was a fair amount offering for Ewrlish porta, and rates were llrm. To Liverpool about 1,000 bushels of corn were engaged la ship's bags, at 8d., and abont 12,000 a 14,000 do. wheat at 8%4. ; 2.000 bbla. flour, at %d. ; 1.000 tiercee beef at 4s. a 5s. To liondon rate* con tinued firm, and about 2,000 bbU. flour were engaged at 4s., about 1,000 packages pork, beef and lard at 40?. per ton, and 1,200 boxei bacon at 5s. To Antwerp, about 3.000 a 4,000 bbla. flour were engaged at 4s. 6d. To Bremen 60 tons measurement goods were engaged at 36#. a 40s. per ton. To Havre rates were unchanged, while engagements were light. To California they ranged front 25c te37%c. per foot measurement. Fur it. Mnall sales of bunch raisins were making at 82 87, and of layers at 83 12 a 83 26. Rkkp. ? The market was quiet at 8180 per ton for American dew rotted, ami 8260 a 8266 (or AmerloMi dressed. Hum? The market was unchanged, while the stock was slightly augmented. ljuTiiKR.? The market continued firm. Receipts wen limited and oak was in limited supply. Calf and sheep skins were unchanged. Mouosn.? The sales embraoed about 200 bbls. New Orleans, new. at 48c. a 48}fc. Navai Stores. ? Sales of 1,000 bbls. spirits turpentine were inads at 41c., and 1,200 bbls. common rosin at $1 60 per 310 lbs., delivered. (?ilk? Iit.:-?e<l was quiet at. 89c. a 90s. Crude whale was selling at 76c. a 80c., aud crude sperm at $1 80 a 81 83. It* lined whale was at 88c. time, tor winter bleached. Olive oil was quiet at 83 66% a 84 60% for pints and quarts. 1'rovw!on8.? Pork continued Aim, bat the advanced views of holders checked transactions. About 300 bbls. were sold in lots, at 816 76 a 817. At the cioee there were no sellers at 817. while buyers were plenty at tk? Inside figure. Prime was at 814 26 to 814 60 asked. Beef ruled dull, with sales of 160 bbls., including oountry prime and mesa, at old prices. Prime mess was quiet at 818 a 828. B*ef hams were toll at 813 a 815 asked. Cat meats were steady, with sales of 160 bbls., tleroee aa4 hkds., at 7e. a 7%c. for shoulders, and 8%e. a 9%fl. tar ham>. Uresaed hogs were selling at 7%o. a 7%c. Bacon steady; sales of long middles, rib in, were mak ng at 9%c. a9%c. lard was less stiff, and sales ware ooa fined to 200 bbls. at ll%c. a U%0. Butter as cheese were unchanged. Run.? Sales of 200 casks were made, part for expo at 6c. a 6 %c. . StTAXs. ? The market was firm, with limited transit, tlcns. 50 boxes were sold at 8%c. ; shunt 150 hkds I'erto Ric<>. low to fair grades, at 7\,e. a 8%c. . and b* do. New Wr'eanv at 8>,c. Wnw<*T -- Pilee of 160 ? 200 hbl*. ptisoa wersr*p*t