Washington sentinel. [volume] (City of Washington [D.C.]) 1853-1856, 1855-08-21

have reached his post and entered upon his official
duties
Well, can anything be palmer than this: ''that
no envoy extraordinary and minister plenipo-
tertiary, commissioner, &c., &c., who shall
after the 30th day Of June next Cast) be APP
pointed TO any Of the countries or places herein
named, be entitled to compensation, until he
shall have reached his post and entered upon
his official duties. The act itself crrries along
with il, in The absence Of The recall Of any Of
the present diplomatic representatives a reap
| poilfment. And if he is re-appointed, is he
not TAT his post, !" and has lie not ''entered upon
his official dutes'" And if both Eat his post, =
and discharging " his official duties, F." is he not
entitled to compensation
| Sec. 26-(all the intermediate sections relating
TO foreign MISSIONS merely prescribing the rules
and regulations which TO govern theml--is
the next that we find bearing upon this point:
SEC. &c. ind Be il further enacted That all
acts and parts OF acts authorizing attaches to any
Of our legations, or the payment TO ministers and
consuls OF the United States of outfits nfts, or
salaries for clerk hire and Office rent, be, and the
same are hereby, repealed
Now, if We wanted anything other than we
4 "
have it here to our hand "That all acts or
parts of act" paying to I" ministers and consuls
of the United States outfits and infis," &C., be,
and the same are, hereby repealed, {" :" Outfits and
infits'' shall BIO repealed. Well now, the old
| lnc, gave the ministers outfits and nfts-hence if
the outfits and infits which existed under the old
lae, be repealed, by trhat lale they repealed
| Surely by none other than the act from which we
have been quoting. And if this act be in force
in of its provisions it must be in force in all
of its provisions. A part of this act did not pass
Congress--the whole act passed Congress.
part Of this act was not signed by the President
the lrhole Of tho act was signed by him, and thus
became law upon the statute book, as any other
whatever, and to remain until repealed in full or
| in part. But suppose this were not SO, what alb
surdity would ensue' Simply this: That Con-
gress in its munfcsnt intent to increase the tan
nual compensation" of our diplomatic represen-
tatves abroad, has been stupid enough to
draw IFS act as TO take from, instead of add
| ing to, their compensation. This, we mean, in
the opinion of Attorney General Cushing. He
says, page A. 1t (the act) ,uthdrars outfit and
| INIT from aH.' Now, if this be true, Mr. Cushing
hasstrangled the new law in its swaddng clothes,
and by the magic wand of his pedantic sophistry
has legislated the old law back upon the statute
book If minister plenipotentiary and a min
lister resident are deprived of their outfit and
nftz1independent and apart from their claim to
their increase Of salary-they are deprived of it
| under the nelc lalC, and under the 26th section
| of the neiU law gwen above. And we say the
establishment recognition of one single, or least
material, feature of the new act, establishes and
recognises the whole, at least every point of
conflict between them. This we believe to be an
undsputed principle in law.
But what says the 9th and last section o the
act2 ".7nd be ii further enacted, The provisions
of this act to take effect from and after the 3Oth
of June next, (last;) any lar atrs Of the United
STATES 10 The contrary notwithstanding. Repeats
any Id,r or inrs of the United States to the con-
trary Notwithstanding. Why, although we are
measuring swords with this mighty Giant of Gath,
we feel startled by the simplicity of the question,
to which we have given much consideration.
But here is section Sd Of the act approved
| March Sd, 1855, and "amendGtory thereof" And
il will be remarked that this section third is not
of the act of the lst of March, 1885, but of the
''act making appropriations for the civil and dip
lomatc expenses Of Government for the year
ending the 30th of June, 1856, and for other pur-
poses, approved March 3D. 1855" Here we find
the approval Of the President to another act, max
ing the appropriation 10 do what; To carry out
the provisions Of The act Of The LIST Of March, 1855,
four days before; and which act, Mr.. Attorney
General Gushing labors to convince US, has no
force. But what says section third:
SIC. 3 .9nd be Il further enacted, That the
salaries TO which ENJOYS extraordinary and minis
tiers plenipotentiary shall be entitled on the first
| of July, eighteen hundred and ffty-fve may be
| allowed 10 such may be in office on that day
without reappointment nor shall such ENJOYS
extraordinary and ministers plenipotentiaTy be
required 10 take with them secretaries Of legation,
unless they should be allowed by the President Of
| the United States.
That the salaries to which ministers shall be
entitled on the lst Of July, 1855, may be allowed
to such may be in Office on that day, without re-
appointment" &C., Sc.
| Thus we are sustained in the view we have
taken upon this branch.
| But the President has affixed his official APP
proval to this act which Congress has passed.
4
He might have returned it with his objections, il
il had not been a wise, or constitutional or expe-
dent or desirable law for the country This
would have obviated the difficulty that has
arisen. This, too, is the only way in which he
can manifest his disaPproval, and the only form
which the Constitution has given him Of prevent
ing law from going into execution. Under that
instrument the President is made the Executive
1 officer-Congress is the la,c making power He
is to execute the laws, and to see them, through
his executive officers, faithfully executed A law
Of Congress, after II has been perfected By his sigma
turs, is mandatory. Neither he nor any other
| power can render il nugatory.
We then say, in conclusion, that while we
think the act Of March lst, 1855, "remodeling
the Diplomatic and Consular systems Of the Uni
ted States" very Objectionable in mary respects,
il repeats the old a,c, and is Itself the law Of the
land. That its execution should be manda tory
upon the President, and that the constitutional
phantoms which the capricous fancy Of Mr. At
torncy General Gushing has coniured up, should