The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-02-09
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The Army BIZ.

correspondent in this evenings "Union has painted
with strong and indignant feelings the rejection Of the
army bill by the Senate of the United States We
much astonished by the grounds which il
jeced by the failure of long agtated,
much demanded by patriotic people, essential TO the
vndicaton of our rights and our honor The ground on
which it was rejected by the Senate, appears to have
been constitutional objection to the provso that
permits the President to appoint the officers of the
regiments during the OF the Senate subject to
the ratification rejection Of the next session of the
Senate We have read the constitution carefully We
see no provision to forbid this enactment We have
looked into the acts of Congress- and far research
extends, find sixteen laws upon the atute-book,
extending from l7s9 to 1894, which recognise the
principle, and the Interpretation of the constitution
One would suppose that these would be sufficient to
tabish the practice and if it be, indeed, unconsution
all passing strange that former wise Legislators
have not discovered the fact before
The constitution declares as follows:
''He (ihc Presidency shall have power, by and with
The advice and consent of the Senate to make trea-
ties, provided twohirds of the senators present con-
and he shall o % 0n and BY a and anp %h the
bassadors other public ministers, and consuls, Judges
OF the supreme court, and all other officers OF tue
wise provided for and which shall be established by law
BE- te Congress sy Y % rest he ,s 05 @", q "
IN he eoarts Of lac, Or thekeads Of departments
cies that may happen during the recess the Senate by
granting commissions which shall expire at the end OF
their next session.
These clauses do not tie up the hands of the President
to certain appointments if authorized by Congress
on the contrary it authorizes Congress to "vest the
appointment of inferior officers they think proper in
the President aone,' &C., &c.
Under this authority Congress has passed not less
than sixteen laws, which confer such power to make
military or naval appointments, as the Senate have
now thought proper to deny. The following is list OF
these laws
Act 2sh May 1893 sections and 4 22 June, 1898
section I'd March, 1889 secon2 act l2h April 1908
1872, section 2; act 3D. March, 1873 section 4 Sd
March, lSl3 section IL; act I'd August 1873 act 18th
apf ac i ls el0 is a section act March, 1885,
ton act Both June, 1884, section Z.
We have no room for the whole of these acts or the
particular provisions which they embracewe content
ourselves with laying two or three specimens before
readers and with stating that they embrace the
principle which was yesterday rejected in the Senate.
The act OF May, 1898, is an act "authonzing the
President of tie United States 10 raise provisional
army" And the following are provisions of it,
SIC. .. Ind be further enacted. That the President
able number Of majorgenerals, and cononably the
military establishment Of tie United States, the said troops
cies OF the service may requires and in The recess of the
sna'e alone, TO aPp s 1he commissioned Officers The
vice and consent OF the Senate at their next subsequent
meeting.
President shall Judge the employment OF qarienaster
general, physician general, and paymaser general OF
either OF them, the public Interest he is hereby
authorized by and with the advice and consent OF the Sem
ate to appoint the same accordingly who shall be entitled to
he and N,i rh