Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1847-02-25
The Case Plainly Stated.

The Case Plainly Stated.
The editor OF the Union is making such an effort TO
create excitement on the Senstes proceeding, Withdrawing
rom him permission to enter the Senate chamber during
the business hours that of case Is i, s
may be acceptable TO the public.
The Army Bill, as it passed the House of R.n,o,on,
| tivcs, contained this provso:
Provided IL shall DO lawful for the President of ,h.
un.eu states IN the recess OF tho Senate, appoint
sueh OF the commissioned officers authorised BY this net
as may not be appointed during the prose Mt session.
wheh appointments shall be submitted to the Senate
their next session, for thor advice aud consent"
Inc bill was amended in the Senate by striking out this
proviso The House non-concurred and asked commits
tee OF conference which committee recommended that
the senate recede from their amendment and the
proviso tho words excepting field officers Of the aorc
said Regiments" to come in after the word aet" as
above quoted.
This amendment was debated in the Senate as conflict.
ing with the Constitution and the words 81 the Consu-
uon referred TO and quoted follows;
He 1.-THE Presiden shall have power with the advc,
and consent Of the Senate. make treaties provided two
thirds OF the Senators present concur and he shall no.
inmate and by and with the advice and consent of the
Senate, shall appoint Ambassadors and other public Min
ters and Consus Judges Of the Supreme Court and MI
other officers OF the United States whose appointment.
arc not oihetwsc herein provided for and which shall be
esMolshed by law But the Congress may by law vest
tho appointment OF such inferior officers Us they may
nnN proper IN the President alone. in the law
| - or IN the heads of departments"
was urged that the company officers Rte " i,f,,io, a.
nees within the provisions OF this clause OF the Consu-
non; TO which 1t was replied, that required to submit
SENT the President must rs ''nomnao before h, coud
appoint In reply the argument that preceden,s were in
making the appointments proposed, urg.
60 mat the constitutional question raised for IN.
hs' tme and that the words OF the Constitution were i'm
perauve-hat the power appoint during the recess Wa,
given In the President. vested in him Ato,r
whereas the amendment recommended by the committee
OF Conference required that such appointments should h,
submitted TO the Senate for their "adyico and consenr
TWAS distinctly understood that no opposition was made
rom any quarter to the bill iisefno disposed TO
withhold from the President the power to appoint the
pany oheefs during the recess-ihe only question wa.
whether he should be required submit TO the Senate
Tor confirmation; aud that suggestion was made exclusive
| ly on constitutional grounds.
| point was made during the debate. whether the non.
concurrence OF the Senate would defeat the bill 10 which
Mr. Evans, OF Maine, replied that it would no-and h,y-
assigned his reasons, the President Of the Senate acqui
esced In this view the question the Senate voted tho
| yeas and nays were follows:
| GEAs-Mcssrs Allen, Ashley Atchisou A,ber,o, R,,
by, Benton. B.eese, Bright. Cas- Dickinson Dir Fair
he!d Houston Soae, sPeght Sturgeon, Tuney, West
NsYs-Mc'srs. Archer, Badger, Berricn, Butler. Cal.
| noun, Ciuey, Thomas Clayton, Cotwn, Evans Greene
| huntington Jarnagn, Johnson Of Louisiana, Mangnm
| haso1' Miller, Niles, Pearce, Simmons. Upham, Wood.
bridge, Yuec-22.
The Senate then asked a second conference. and the
COMMITTEE recommended that the Proyiso should be amend
| cd as follows
Provided, That it shall be lawful for in. P,e;d,, ~
the United States dlsne appoint such OF the
ed ocers authorised by this act below the grade of field
officers as may not be appointed during The prcscp,
SON. witch amendment agreed TO without division
1t will here be that the question between the two
Houses was not question relative the merits of the bill
itse- was not question whether the Senate woud I va
the ten regiments required by the President-but 1t was
simply question whether the President sbould no no.
sured 10 submit Ia the Senate, their next session for
WeH auNice anu CONSENT such appointments of
pany officers he could appoint during the
son. aud that 80 Tar from embarrassing him by DENYING
nl inc requisite means 10 prosecute the war the majority
oi the Senate IN favor giving TO him and n hin,
alone, the power OF making those appoinments-so far
rom impeding ms progress, the majority favor Of
'eslng the power ~ him without Restraint. Not from
any wish to enlarge his discretion or his powers but he
cause IN their opinion, the Constitution was
'a' hey authorised him 10 make appointments during
the recess the authority must be vested IN him alone
NOW Tor another aspect OF this case The Constitution
provides follows:
Each House may determine the rules OF It's proceed
ings, punish ITS members Tor dlsordcy behavior and
with the concurrence OF two-thirds. cxpel member"
Under this the Senate have enacted rules Of pro
eeedlng aud certain admitted on the floor of
the Senae-and among the persons thus aditted are tho
primers to Cong'eSs-and by virtue OF this rule adopted
by the courtesy OF the Senate the Editor of the Union
was present IN the Senate during the debate this proy
So One at the inducements granting him that p.iyi-
'eRe was mat by being present he might know and PFC
sent correctly the proceedings Of the body lie knew tha,
mere was NJ disposition the part Of the maorty who
'o'ed against cOncBrrng the report Of the COMMITTEES
TO defeat the bill lie knew tlat the dicu'tv orosc on,
OF constitutional question lie knew that the con-
eurenco DID not defeat the billiard yet he wen, homo
and Published communication which denounced the vote
IN the Senate "Another Mexican Victory and tho
majority IN the Senate Me1ieans and traitors He did
more. Mr.. HunnCgln, OF his
| debate: ~ " ''
:. As for the author OF the article the man who could
deliberately pen so eiumny, would leave the
eon heart OF sucn man to the public and indig-
nation, which would inevitably be the lot of him who
" this body" F
Yet the Editor of the Union, well informed as he was.
knowing that II was gross caumny" gross lib,
not Only published IT, but Editorial article calling
Tue attention Of his readers To it and rndorsng It.
ne baof Of the Union asserts that by Withdrawing the
U a'N l.. IL.
saed the Liberty OF the Press" and labors 10 assimae
70 Tue law OF libel aud the proceedings ngains, Mr.
The Senate have instituted no proceeding against him
hey nave abridged none OF his ghs the Editor OF the
lnion-hc - as free publish whatoyer nc pIeasss
DC 1t rue or false as he lie has no constitu.
uonal right 10 enter the Senate chamber the power TO
VINO may aud whp may enter that chamber il expfes
" gwen 70 the Senate by the Constitution. This mower
necessary To the peace order and dgnty of that body
me senate have said 20 Mr. Richie" You have pub
Ished libel on this body by grossly and knowingly re-
presenting falsely its proceedings ven arc no lone,
worthy to be admitted this floor and Their, f,ro b,vc
Jusy forfeited the privilege heretofore extended 10 Won
not peposierous 10 say that the Senate may punish
and even eNPe one Of Its members dsordety con
auc ana yet mat hey cannot eTpc Mr. Richie Whatever
may DC ms conducH IL Is no part Of his contract as
printer - part Of the law providing for his contract
.ha'he sha be admitted TO the floor the Senate Ills
boi1g an editor gives him right 20 be admitted No eli
Zen however respectable, editor however Influential,
has right to be admitted but by the courtesy of
the Senate and in the Of things that courtesy
restricted to very few and gwen IN mono "a q, ,a,, >,
| right ~ "
Nov what are the facts Of this The editor Of the
Snon was admitted 10 seat in the Chamber from which
other editors were excluded Ie was so admitted a. an
act OF couriesy 70 enable him understand and give
true account # the proceedings the Senate Instead Of
doing this he published what he knew 10 be gross lbsr
on me proceedings Of that body. What did the Senate do
va thcy institute proceedings against him No Did
ey even require him 10 appear before committee Of that
BODY No! Did they deprive him Of any personal or
political rght2 No! Did they interfere I'm any manner
hta uti,
any hing he peases, or false No, Did tbev or,
der him TO be prosecuted for this libel y No! What
men, nave they done affecting him or his press Beev.
ing Mr. Richie 10 be worthy they admitted him TO seat
on the o0r, that ho might truly their poceedings-
Ihsiead OF stating them truly he published q known and
chumnious libel resolution then introduced with.
drawing the privilege Rfa'uitJusy extended 10 him but
instead Of pressing ~ adoption was permitted 10 he over
rom day TO day, for the ayowed purpose 10 onabe him o.
drnyow or make amends by an explanation or Apology
ls'oad oi doing this the libel repeated again and
again. ond the Senate put defiance. Under these cir
cum'iances the Senate hlvo donc no more than cay 10
! n'm d - YOU hose knowingly and maioou.ly Published