WRITINGS OF S,\i','I HOUSTON, 1856
347
"I am of opinion, therefore, that the 'system of orders, and instructions' under examination, being a code of laws and an act of legislation, was in derogation, as such, of the constitutional powers of Congress, and, as the mere act of the President in ~ matter not within his executive jurisdiction, is destitute of legal validity or effect." "Hence, the 'system of orders and instructions' for the navy, issued by President Fillmore, as Executive of the United States, 'February 15, 1853, is without legal validity, and in derogation of the powers of Congress.' " This was the emanation of the gentleman who compiled and prepared these regulations for the conduct of the navy; and for which, according to the suggestions of the Senator from Dela- ware, Mr. Du Pont must be in great part responsible, he never being second on any occasion to old or young. It is said, Mr. President, by the venerable Senator from Dela- ware, that Commodore Parker would be obliged to no one for having introduced his name. The allusion was to a document sent here in answer to a resolution offered by myself, calling for some information. When the document came, it included a letter which the Senator thought would prejudice Commodore Parker. That letter is placed in the very first part of the communication of the Secretary of the Navy, though it was of a date subsequent to many letters contained in the same document, which are put out of place. I have not ·the pleasure of knowing Commodore Parker; but to show that he was entitled to the highest credit and com- mendation, I will refer to the following letter of Captain Pender- grast: [We omit this letter.] This is the opinion of Captain Pendergrast, approving and certifying to the conduct of Commodore Parker. If Commodore Parker was delinquent, Captain Pendergrast has either failed to state the truth, or he has done what is equivalent to it-h_e has concealed the truth. If the Commodore was culpable, he has not told it. What does it amount to? We find that individuals have had charges against them smothered; that they have not been expos·ed to reprehension, investigation, or condemnation, but that they have escaped through the favoritism of the Secretary of the Navy, and have not been held accountable. Since the time when Mr. Bancroft was in the Department, we find that there has been a systematic attempt to conceal charges against officers, and not to bring them to trial when they have
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