Daily Richmond Whig. [volume] (Richmond, Va.) 1861-1862, 1861-09-14
NUMBER &C.
Prom the Charleston Mercury,
TIE PRESIDENTS PROCLAMATION.

The csrse of the extraordinary convocation Of Ger
gress BY the Presidents Proclams;oD is laid down
the Act passed by the gentlemen Who mailed 10 Rich
mond in obedience TO its call Il provides that The Pree
dent is authorized to continue the appointments already
made by Lin, in the military and paval sevce, during
tie OF Congress- at tie last and sent re-
sobs" A simi'ar Act had been passed at the last ses
sion Of Cor giess at Montgomery. From these laws i
therefore appears thst the appointments made BY the
President in the military and naval seTyce "GuriDg the
recessss Of Congress- and "at the las. and present e
sons, have not been acted on by Corgrfs There is
paia!y apparent delinquency sorneShert; but before
consider neeects Of duty, let u ascertain from the
Constitution wha, are the duties Il prescribes.
The Constitution says the President "-hal nominate,
and by and With the advice ard consent Of the Congress
shall appOin. ambassadors, other public ministers and
colsus udgs Of the court and oil oth,r .5eers Of s
GJnGsderdey" Here the President cannot make AN OF.
hc,r He OILY "nrandte" him to the Cougrrss for
an Offices and when the Congress shall have advised
and consented to the nomination, he shal "oppoia"
him to Office. Under such words, it would clear
that the President has no power TO put man into an
oice to discharge It's duties. and parske Of lis emou.
mepts Until the Congress, il in session. has advised and
conse nted to his nomination. The power to nominate
for an Office Il not the power appointment The Pow
er TO appoint 10 an o,e only exists after the Ccrgess
has ccrsen,ed and advised it. Arother clause OF the
Con tiluon subsabtiates this view. IL provides that
The President shall have power to Oil up all vacancies
hat NAV bappen during the recess OF Cor gress, by
granting COMM. slOIe, WHICH txpNe ~ VI
heir next session" Here commission s only to be
granted when vacancy has occurred during the recess
o. Congress. Il cannot be granted whilst Congress
in session, because The previous action OF Congress -
Necessary to the appointment but If Congress is no' iu
ssicn the public interest would suffer II vacancy in
au cfcs ccuid not be filed. Herce in this case, the
Constitution author the vacancy 10 Re led and TIE
officer is commissioned bnt only conditioray. The
ton of Congress necessary 10 coTpete The title Of the
eticer 10 the Office II Congress doos not during the
next session advise and consent TO his romns,icn,
bis ccmuis ission expires This provision putting an eud
o the commission, douotl'ss inserted n the Con-
t,ution to compel the President to submit the nomi
nations TO Congress The practice Under the CoBsitu'
tion Of the UDu States, from which the words 10 the
Provisional Constitution lsken is in conformity, we
understand, with these views Durirg the sitting Of
Congress no one was put iIto Office until bis nomination
vas confirmed by the Senate, and appointments to tce
during the recess submitted the tpsnng OF the
next Congress for its advice and consent.
Such being the requirements Of the Constitution,
should Congress- fom any fail to advise and con.
sent to nominations mad, by ihs President during its
,esson and ijourn, do all commissions 10 Office,
given by the Pre,iden ".ypire This is the plain de-
claration the Constitution. Can Congress hen have
the power BY bill resolution to ordain that they shsu
90, typrs but that the commissions shall he continued.
and the olic be perpeusted in their ohces' is rot
such M act in pain cor tict with the Constitution Dos
il not nuly the Constitution, and ensc tie President
TO place and ke, Ulcers 10 "cfce without the advise
and consent Of Congress- No such act resolution,
we believe was heard Of passed under the Coh-
s,tuon OF the United States from the foundation OF s
Government; and that Government we believe, has no:
n very remarkable for the observance o the Cons'i-
tu,ion.
We beg leave, therefore, 10 express our. doubts
whether the Act Iassed at the last session Of The Con.
grtes at Montgomery and by the late ProclamSon Con.
cress in Richmond, by which the President s authorz'd
40 continue the app lntm'nts already made by him in
A.. nd gfrxira d the al
Coaress OF at The last aud present sessions, are not
violations OF ~ Constitution.
But layirg aside the Consituton-from whence has
arisen the necessity OF such scts II Is plain Il at the
Constitution has not been enforc' With respect TO thtse
"appointments" Whote fault Is l.. Congress or tha
Pr sdent must have been deli qlent. Did the Presi..
dent submit to the last Montgomery Congress the sp:
poinment be had made during the previous recess and
0u,ilg the sting Of that Congress- We are rot in the
secrets OF Congress- but il hey were so submitted, and
submitted in time for due corsderaon NC cannot COZ.
ceiye why Corgress should not have acted on them. II
they we're properly submittc, and Congress failed 70
act upon them, then Congr IS was Delinquent
Did the President submit TO the late Congress
u. Richmond these appointments, together win
those he had subsequently made during the re.
cess between the lst Montgomery Congress ard the Con-
gress at Richmond and during the sitting OF the Rcl
mcnd Congress! II he did, whilst Congress could prog.
erly act fon thema. the opening OF Congress or be-
Gre Il was thinned out by an expected adjournment
gre,s is attended with difficulty. The appointments
are registered and clerk, in couple OF horr'
could copy them 10 be submitted to Congress And rev.
or was there a time VIXEN "the advice ard consent Of
the Congress in the appointment OF ecers was more ne
cessary than for the public welfare We have more
than orcc received intelligence Of the ineeiency and il
mpetsncy Of some official in the various departments
of The Government and IL Congress has had the oppoT
tuuy OF judging OF their competency and has covered
them by their sanction Congress lis the incupaor
Th,t the E,ecui i've is nalble in his appointments, no
one will expGc. suppose: but it's truth all expert
encc tcachs that every Executive e prone TO put aside
ch,cls on 4 patronage power For this very reasos
the checking power should be mos ssrn In enforcing
i:s rights ard the demands Of the Constitution.
In que. times free Constitution may take csre OF
ITSELF but amidst umus and ware, all the saf guards OF
the Constitution In danger Of overthrow On tho
other side Of the Potomac them swept away by
the usurpipg Of the Executive, aud military dss-
p,tism enthroned the ruins OF the Constitution
Every tjt to expose its usurpations s as
treason, or punished with imprisonment We do not
sy that there is danger Of such results this side Of
the Potomac but do say that every dictate oi pu-
derce and patriotism requires Us 10 expose and fn WI
upon all Violations Of the Cor siituton In our humble
Judgment the Constitution la, not been observed IN the
Procamat Of the President Ii has not b.en Observed
by the gentlemen who in Richmond have assumed to be
the Congress Of the Confederate Ss.e AND has OF
hcsn observed in the multitude Of officers are now
In the service Of the Confederate States without the
advice and consent Of Congress" being obtsined.
Nor have been able 10 appreciate the necessity OF
using the incompetent iustrumentslity Of few members
Of Congress ia Richmond to justify tho continuance OF
the Presidents appointees In Office tupposng the egsa
ton proposed, TO b, rghtul and proper Congress could
have cen really convened in twenty days. and the IN.
Their previous position, would not have
,uG red much from the delay. The expense after ding
be legitimate assemblsge OF Congress, is TO justification
whstever for the fearful evil Of such violation oil the
Constitution. I; cannot be source OF consolation,
therefore, to know that there ADEQUATE cause for
h, extraordinary proceedings we have endeavored to
Expose.