The daily union. [volume] (Washington [D.C.]) 1845-1857, 1847-02-09
JOHN A. DIX,
LEW. CASS,
Conferees on the part Of the Senate
LINN BOYD,
u TN(rERCOI
Conferees on the mari Of the Hons

Mr. DIX having explained the effect OF the various
amendments proposed by the report OF the committee
debate arose in reference to the constituonay OF the
first proposition embraced in the report, the effect Of
which would be TO give the President the power to APP
point the company officers OF the proposed regiments, du
ring the recess subject to the confirmation OF the Senate
Mr. CASS said he did not see how this law could be
properly executed, if the poviso authorizing the Pres
dent appoint company officers during the recess of the
Senate were struck out Ii is well understood that the
President designs to make the commissions of these Off
contingent upon the raising of the men, Arrange
ments will be made to receive companies with their 9TH
GERS or to allow persons with influence in their neghbor
hood to raise them BY this means shall be OF
having the force Immediately, and OF bringing il INTO ope-
ration without delay Those expecting commissions will
be stimulated to exertIons and the companies will
be filled up This the course pursued In 1913, and
with success, and he could speak with the certainty
he participated in it. But it, during the four weeks Of
mtled to the Senate, this mode of operation cannot be
adopted, except perhaps in very small circle round the
seat of government In other parts of the Union it would
be impossible to authorize persons to raise the and
have the companies filled in time for the nomination OF
the officers to the present Senate. And independent of
the great delay which would take place, the expense
pointed, they will draw their pay Immediately, while il
NAV be long time before their commands filled
whereas, upon the other plan, the officers are not in SER
vice and draw pay till the men are raised In the two
important particulars, them of celebrity and economy, and
it may be added of public satisfaction is obviously bet
TO appoint the officers after the men are raised than to
We might lose whole campaign in the process Of enlist
ment SO much for the policy of the measure But it is
objected that the proposition is unconstitutional and that
we cannot authorize the President to appoint these Off
GERS in the of the Senate, and require their nomi
nation at our next session. That this has been done
heretofore is not dlsputed for the fourth section of the
act passed January 30 1913, contains the grant OF
power in almost the words though it extends il far
Their; for it includes the field well company officers
The validity of this precedent signed by Mr. Madison, is,
however denied, and upon what grounds The consti-
NJ he
poirfment lst by the President and Senate; I'd by the
President alone Sd, by the heads OF departments and
spect TO the three latter in these words But the Con-
gress may by law vest the appointment OF such inferior
officers they think proper in the President alone in the
courts OF law, in the heads of departments" What
are inferior officers within the words of the constit
ton, BY act of Congress, passed during General
Washingtons administration approved March 3D., 1871,
the President authorized to corps t'of two
thousand commissioned officers, prvates, and must
clans, with suitable number OF commissioned ofi-
GERS" and he authorized ''aone to appoint the
commissioned officers thereof By act of Congress
Of March 5th l792 the President "alone" 'author-
lied TO appoint, Tor the cavalry so to be engaged the
proper commissioned officers" Similar provisions are
distinctly that from the commencement of the govern
ment military officers OF these grades were considered
'ineror officers and their appointment therefore, might
be vested in the President This almost contemporane-
Gus construction OF the constitution is disputed. and
it is contended that these officers are not inferior
Two views OF the subject are presentcdone by the dis
unguisled senator from South Car0Da, Nir SALHOUNl
and the other by the from North Carolina Mr.
BADerR,l supported by the other senator from South
Carolina, mir BuTLER.l The former Mr.. CALHOUN
seems to conne the word inferior to Its natural s,gpl-
cation while the latter give it meaning never before
recognised The former contends that clerks and officers
of that description about the departments within the
term and that their appointments may be made OF
the three peculiar modes pointed out by the constitution
lie asks If you include company officers in the term n-
ferior," where will you stop answer, If you include
clerks any other public agents within that term, is
no, just difficult find precise place to stop athe
NAUTICAL precision is not attanabe here II Is not attalna
BILE in any moral Investigations, nor In more physical
ones Who can tell where day ends and night begins
And yet know that the gives place TO the other
We know that the Chief Justice Of the United States is