Page:Life and Select Literary Remains of Sam Houston of Texas (1884).djvu/521

 "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 services 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 further 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.

"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 a 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 Delaware, 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 Delaware, 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 letter^ 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 commendation, I will refer to the following letter of Captain Pendergrast:

", July 31, 1852.

":—In compliance with your request of yesterday I have the honor to submit the following statement:

"I commanded the Saranac steamer for thirteen months, under Commodore Parker, and during that time was a messmate of his. This association led to the most cordial and affectionate regard for him personally, and impressed me with the highest respect for him as an able and efficient commander of a squadron. I have no hesitation in saying that I have never known a squadron better managed than the Home squadron has been by