The daily union., 1852-09-14

But what is this provision bat saving that the appoint.
mens OF officers OF the navy OF the United States shall
be made by the members severay OF the House OF Rep
resentayes, when, according 10 the constitution,
could not give the whole House the right both houses
ut together the right to make the appointments hope
the clause Will he stricken out HU
Mr.. MALLORY The fifth section Of the naval appro,
paIon act OF the Sd of March, 1885, reaches the position
sci up BY the honorable from Kentucky BY that
sechon mdshipmen are To be appointed especially with
regard TO the congressional districts in all the States and
Territories. Now, il supposed that that on has
been rgdy adhered to- but that mdshipmen have been
appointed from districts where they did not reside This
provision OF The bill IS no doubt designed 10 correct that
dlcultyS but the honorable from North Caro-
lima observes, il will deprive every mem be OF this body
from exercising any influence in the selection Of midshp.
men in the navy, and give it all 10 the members OF the
House; whereas, now, as the law stands, ii refers il TO
The congressional districts, without specifying what
oanch oil Congress shall exercise or control the appoint
ment
Mr. DOWNS. | do not think that the reason urged
by ne senator's from California and North Carolina is
sufhcieDt reason why this prnvsion should be stricken
out Tho committee propose 10 strike il out. Now it
will be easy TO amend that provision. II provides that
one pupil or midshipman shall be appointed from each
congressional district. There will be no difficulty in
amending i by adding 'and ten at large" put
be appointments of the Naval Academy the foot
ing The cadets at West Point There is a provision
OF lay that The appointments shall be made in each con-
gessonal dis rcl. 1t certainly an omission when
that law was passed, that it was not put in that there
should be appointments made at large Ii the committee
want TO perfect this they say, lei them add it, "and
ten at large" That will put il precisely the
ioonng as the appointment OF cadets at West Point.
will therefore move TO amend the provision by inserting
in that par OF the bill which specifies that shall be
appointed from each con gressona district the words,
"and ten fro the States al large"
MIR. HUNTER | would suggest that the number OF
mdshipmen is fixed by law, and we have not lime now
10 amend the system.
Mr.. DOWNS: This is not new system tits the
Mr.. HUNTER The senator's amendment will in.
crease the number OF midshipmen. made my remarks
IN reference to that It will alter the existing law in
gard TO The number OF midshpmen, and have no time
TO consider that now.
Mr.; DOWNS | suppose adding ten to The number
would not make any great difference; but if the commit
tee think there insuperable objections TO it, shall not
insist on my amendment "a
MIR. DAWSON. intended to vote TO strike out this
provision, and shall do so yet The appointing power
OF all officers IN the army and navy is vested in the
cu,iye department Have we the power 10 confer that
appointing power upon The representatives OF the differ
eh confessional districts OF the United Sa,es' II
have not, then the proposition OF the Committee Fl.
nance should be adopted believe we have not What
we cannot do directly We cannot do indirectly. The
President OF the United States has issued order affect
ing both The army and navy in appointments Of this kind
cadets and mdshipnen-,hat 10 making the selection
they shall he taken from each congressional district,
WIN view to spread the appointments over the whole
Union This rs an executive order, nsruciing his subor-
dinates how TO act, and is altogether right and constu
tonal; but we must not usufp the power, and de.
clare that the executive part OF the government shall
make an oihcer midsh'pman, or cadet out OF an IN.
dIvdua who shall be recommended 10 him by represent
atives. II we do that il would be denying to the Presi-
dent The right oil exercising has discretion state that
when there are dozen applicants congressional
district and the representative OF the district prefers
individual he il generally respected; but still the gov
eminent retains the right OF exercising its own discretion
aud selecting from the number therefore shall vote TO
strike out this provision, upon the ground that il is
effort 10 take away from the Executive power belong
ing solely 10 him
Mr. DOWNS The senator is in error on one point,
as 10 lis being regulation IN the department make
the selections from the districts There la providing
that the appointments shall be made from each congress
Mr.. DAWSON | say the appointment is confined
TO the district, but not 10 the nomination by repre-
sentative
Mr. DOWNS tits the same authority tina, is exer.
cised IN The appointment Of cadets. do not know why
should not be here As TO the constitutional objection,
that these persons are officers they not officers at all
lhs provides merely Tor The education oil PERSONS and
they receive no commission while receiving tha, educa.
ton
Mr. SEWARD. | think there is much force in what
has been said by ine senators from Georgia and North
Carolina, that we cannot coolrol or direct the President
10 The appointment OF mdshp pmen but have doubt
that we can effect the same object by legislative pro-
vision which shall secure the appointment OF from
each district shall therefore change my vote and shall
vote ior striking out this provision for The purpose OF
substituting another in It's paceone which will reach
that object as nearly as we have the power to do and
bring the law precisely upon the foundation OF the law in
relation TO appointments TO the Military Academy.
shall propose therefore, at the proper time, substitute
something Ike this
And hereafter President shall appoint, from the Uni.
ted states al large, ton Of the pupils Of the Naval School,
and That other appointments shall be made TO
always, ~ far possible, pupil, rnd.hipman,
ing mdshipman, IN tho navy, from each congressional
district"
Mr.. BADGER. | will suggest 10 the senator from
New York that, far that arrangement is concerned,
there is necessity for any legislation There is law
already in force 10 spread these appointments the
congressional districts, and If the senator will go the
Navy Department any time, and inquire whether there
is vacancy in any cong gessona district, he will find
lists there showing the precise state OF the appointments
They there equaze the appointments as tar as they
can. The rule is TO appoint from easb congress
sional district The only difference between the bill as
stands and The existing practice is, that The bill pro-
plses that the appointment shall be made the nom
nation OF the member from the district whereas as the
law stands, we have much right TO recommend
person from the district member oil the House o
Representatives.
Mr. SEWARD | thank the honorable senator from
North Carolina for his information but the law IL not
known TO the country 10 be so II was not understood
by the House OF Representatives TO be This amend
ment, then, which intend to propose, makes the very
provision which exists, and is carried out in the
Navy Department and does not propose to confer upon
the members OF Congress absolute power 10 recon-
mend. suppose II ia understood that the Naval School
Is upon the same basis with the Military Academy, and
that the other consequence will follow, that where there
is no cause TO ovetrule recommendation by member
OF Congress, II will prevail and, for one desire that
the members OF Congress from my State shall have
the power OF exercising this privilege think II is
right, expedlent, wise, put il their hands,
than in the hands of senators.
Mr.. UNDERWOOD. We have at last got to con-
stiluonal question Let read the constitution, and
see whether 1t has anything TO do with IT, The article
in the constitution in regard 10 the appointment of Of
hcers provides:
'Hs Che Pfesdent) shall have power, by and with the