WRITINGS OF 5AM HOUSTON, 1856
331
demerits of his fellow-officers, not merely those who were sub- ordinate to him in position and rank, but he was to pass upon those who stood before him on the list of the navy. He was placed above all responsibility; he was not accountable for his action to any one; nor was he acting under the obligations of an oath to discharge his duty upon that board according to law or accord- ing to conscience. He was not 1·estricted to any other rule than that of caprice, or whim, or prejudice. We find that, notwithstanding all these charges were before the Secretary, he indorsed Mr. Pendergrast as a gentleman of high honor, and placed him in this high position, irresponsible to the law or to the Constitution. Sir, it was not considered necessary that he should arraign the individuals upon whom he passed judgment. They were to have no hearing. There was no investi- gation of their case, except that which took place in this secret tribunal-this secret inquisition. Mr. President, if there were no other reasons for condemning the action of this board, and subjecting it to repeal or revision by the Congress of the United States, the very character of it, its secrecy, the irresponsibility of its members, and all the attendant circumstances, make an appeal to the justice and judgment of the Senate and Congress of the United States. Though they have received the indorsement and approval of the Secretary of the Navy and the President, they stand before this body subject to its investigation, considera,tion, and action. If a charge was made against a pirate the most abandoned, whose hands had been a thousand times washed in the blood of innocence, who had vio- lated every law, human and divine, who had set himself up as the avowed and common enemy of mankind-if he had lived and acted, and perpetrated crimes under the black flag and the human bones painted red to display the profession which he followed, he would have been entitled to an examination, he would have been favored with a trial, he would have been arraigned and brought before a tribunal where he could confront the witnesses against him, and where counsel would be accorded to him. One of the officers who received a blow from this tribunal had twice triumphed over pirates; he had rescued commerce from their depredations, and human beings from butchery by their barbarous hands. I alluded to him, yesterday, as one who had performed most gallant feats. He was struck down by this board, dishonored in the early prime of manhood and efficiency, without a hearing, a trial, or arraignment; when the very miscreants from whom he redeemed society were permitted a privilege which was denied to him. Can you impose on the common mind of mankind
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