The daily union. [volume] (Washington [D.C.]) 1845-1857, 1855-05-13

and that defeats tho very object OF
the grant power cannot be the true one II vas the In
tnon of the that the Offices created by law and
necessary to carry on operations Of the govern
mcnt should always be full, at all events that the
vacancy should not be protracted one government
20 accomplish the purposes for which es
without having the services of proper officers To
execute the duties required To guard against
any Of the appointing by the President tie APP
probation of the Senate required But Was foeseen
that from the various contingencies and uncertainties 70
which affairs liable vacancies might be found 70
during Of the Senate in the offices which the
public interest required filed the power above men
toned was given President in order to provide against
the evil requiring to continue In every case mn
iii the Senate could the further evil OF call
ing them together upon every Of the vacancies which
Unexpectedly be found to exist during the recess
But the control Senate the appointments TO such
vacancies oectuay preserved by the limited term for
which the President is authorized to make them.
Suppose an officer to die in distant part Of the United
States and his be known At Warrington until
after adjournment must the office remain vacant until
the Senate be oonvenedg 1t is admitted by every one
the President appoint In such cases, ana the pac
tce OF the government has continually conormed to tha
But IL constitution required that the Office
should full the time Of the adjournment and that the
vacancy should take place Afterwards then the President
appoint for, ia the above mentioned the
happens the and the office Is not lu
at the time OF tho Adjournment 1t becomes vacant the
men incumbent dies and the notice does nothing more
than inform the President that has happene and
it informs him. the time that it took place while the
Senate in session, and not during the recess
aware that ii has been said that in these cases. the
vacancy be regarded happening when the notice Of
the death received that therefore, such vacancy Is
DO considered happening after the ana
during the But how be considered In oppo
stion TO the admitted fact There words In tho
stution that justify such Interpretation 1t does not
speak Of the Of vacancy but Of the erseace Of
cancy 1t does not vacancy shall become known but
if vacancy shall happen and If the words of the const
pxtv
place the adjournment then the vacancies have just
mentioned could not BIO filed.
at Is manifest however, that the constitution could not
have intended to place such different footing from
vacancies which after the adjournment There
reason for distinction them And the words used
constitution do not think by fair construction
require distinction to be taken II was intended to provide
those vacancies which might arise from accident and the
contingencies which human affairs must always be LIABLE
And If it falls that from DEATH nadyertence mistake,
an Office required by law edis the recess found to
vacant then vacancy has happened during the
and the President may fill his appears to be the com
the thing IL the constitution had said W there hap
pen be any vacancies during the recess The trainers of
the constitution had provided for filling the Offices with the
Of the Senate but foreseeng that, from the
casualties to which human exposed,
would be found during the recess they give power
fill them uni opportunity be afforded of bringing the
appointments before the Senate aud they words which
denote the character of the vacancies which they oesee
occur and Tor when they are providing lie may III up
cancios which happen during the But
designedly to b. H open by the President until the
cess, for the pu avoiding the control Of the Senate.
word is used to describe the class and kind
of vacancies and not the particular time at which they took
place.
might suggest another showing that the restricted
be the contemplated by
the trainers of the constitution Suppose nomination made
Office, and confirmed by the Senate the office is
not full until the person appointed accept Suppose he
accept and bis refusal is known until after the
adjournment in such the original vacancy would
main untitled and it took place during the session. and
not after the adjournment the President could not fill it, It
cannot be imagined that such intended to be
cepted out of the power granted to him..
The practice of the in oil its departments
cords with the doctrines thus expounded by Mr. Writ and
| Mr.. (now Chief Justice) fancy.
The President during the recess commissions for
cances which happen to exist They may happen exist
in various ways; as for example, by nomination having
been made to the Senate and not having been acted
it, or by public officer resgning dying during the
cess and the fact being known the President by
nomination to existing vacancy having been acct
dentay omitted by the party appointed during the
session declining in the recess in the present of
Judge Lumpkin
THE MORALITY OF THE WAR AGAINST RUSSIA.
We often compelled scrutinze the dongs our
irlcHus present wal, only 10 see now
their practices compare with their objections what
is called American aggressons. The following pungent
extracts made by the Boston Post show how Turkey is to
fare at the hands of her protectors This is what may
be called preserving the balance of power in Europe The
plot is only developing and while it is going on it is
profitable to compare English practices with English pro-
fessions:
The ALLIES AND THE TURKs.-" Such protection as vu
q ks Ia
allies The London Times says the Turks look with salts
faction to prospect Of peace, because win give them the
right to emand evacuation within the fixed term, and
the Porte will most assuredly strenuousy oppose any
tempt to delay the retirement of the allied armies although
6etepes that the Wcsern nations nil abandon the
try to all the mseries and dangers Of quo but rather
that they will by pssnasio. by force compel the Onoman
70 submit to their until those changes effected
which alone can strengthen and save the empire.
Kossuth, in letter to the New York Times argues that
the whole condnc Of the allies in negotiation war;
been governed by fear Of Austria. He says:
They will thank Austria il only gracousy consents