retained on the active list of the navy, and is now in commission in active service. These charges were of a most grave and important character. Captain Pendergrast was charged with being deficient in every point of his duty. He had failed in the exercise of his crew. He had failed in every part of his duty that was calculated to give efficiency to his command and efficiency to the navy of the United States. With all these charges staring the Secretary of the Navy in the face, he selected him as one of the members of this retiring board. He was one of the individuals who was to determine on the merits and demerits of his fellow-officers, not merely those who were subordinate 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 according to conscience. He was not restricted 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 investigation 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 Stales. 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, consideration, 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 violated 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 the belief that the proceedings of this board were in accordance with the genius of our Government, or with justice and truth? It can not be done, sir. The officers who were passed upon by the board were not permitted to be heard in their defense, and no examination whatever took place. What was the rule by which their cases were determined?
