3-16
WRITINGS OF SA!I[ HOUSTON, 1856
was prepared by a board, composed of Commodore Morris, Com- modore Shubrick, Commodore Skinner, and Commodore Du Pont, I suppose that he should be held accountable for it. There is a singular coincidence between the principles laid down in his book of regulations and the principles upon which the retiring board acted. This book was prepared by a committee of officers. It comprised two hundred and fifty pages-quite a respectable-sized book. They had it printed without the order of Congress, and had it sanctioned by the then President of the United States. As it was done under a former Administration, and as there were some things rather alarming in it, overturning the principles of judicial procedure, and as there had been no legal enactment in regard to the compilation, it was thought proper by the Secretary of the Navy to refer it to the Attorney-General for his opinion. I have here his opinion on some of the regula- tions, and I must say that they are of the rarest character that I have ever seen. I have taken extracts from these regulations and the Attorney-General's opinion. I could not bring the whole book here. I am aware that some gentlemen except to my read- ing extracts not sufficiently copious, but I really think they are. This is at least very demonstrative and suggestive in its character. The Attorney-General says: "So in the thirty-fifth chapter articles occur on the subjects of courtsmartial which are in pari materia with provisions of the act of Congress, and are in effect abrogatory or emendatory of the same, as plainly as a new act of Congress could be. "Again, one of the articles in the same chapter changes the whole theory of judicial procedure by forbidding the court to receive evidence of. the previous good character and former serv- ices of the accused in mitigation of the punishment to be awarded. This provision, which is the more observable when compared with another article which allows evidence to be introduced of previous bad character, may, or may not, be wise; it is, at any rate, a very positive act of legislation." That is a novelty; but it is the principle on which the retiring board acted. They only sought accusations against officers; but we have heard of no extenuating circumstances, and of nothing received by them in mitigation. The Attorney-General says fur- ther of this book: "Numerous other examples might be given of specific provisions of the 'system of orders,' which are, in every essential quality, acts of general legislation as clearly and emphatically as any part of the subsisting laws enacted by Congress for the government either of the navy or the army.
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