Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1863-12-24

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advice Of the Senate appoint alR officers Of the Con-
iederate aer whose appointments not otherwise
provided for by the Constiiutop, vested by law in
the Preside alone in the courts OF Law the heads Of
departments is cosfdei by the Constitution 20 the
Pres dent
Under the constructions frat mentioned the act Is n
effect an appointment by Congress, TO be Bdgadier
General or "a assignment by il Of that officer the
performance of the duties Of Qulrtermaster Genersl
with the rank pay and allowances Of one, and would
thus involve the assumption OF power committed TO
smother Department ofthe Government The conetruc-
ton last mentioned Is tonss ent With the Constitution,
renders the act operative, end imposes duty upon the
President to Gil the Office according to the conditions
OF tie act.
The President Il required upon well esiabsled prn-
cpes ADOPT the construction which would render the
act operative and to reject that which would make It
nugatory and void II the question had been consid-
etd doubtful it would have been solved by the cotem-
poraneous construction given to the act by the Legsa
ture, as shown by a communication addressed to the
President, and referred by him 10 this Department,
which is herewith communicated.
A. K. LaWton, Of Ga, vas appointed Brigader Gen
eral of the PIosisio Army, April l5h, 1851 under
Sec of the act Of Congress approved March g. 1851,
authorizing the appointment OF general officers TO br-
gades and divisions of volunteer troops, nd was con-
frmed by the Provisional Congress, August 2sh 1851,
as will appear by The records Of the Provisional Con-
gress.
By eptciaI ord of the b August 1868, under the
act of Coz gress Of the goth March, before q1otsd,
Bigader General Llwton w-s assigned to duty as
Quartermastet General and wl erectedto enter upon
the duties of his Office the OH Of that month
B igader General LlHton has been performing he
duties of Qusrtermaster General OF the army under that
assignment since its d,;e. de has not given bond,
aud none was required Of him. Il not the usage OF
the Government If the United States, before 1860 to
r. hire bond of the Qlarternaster General nor has
bond been required that officer under this Govern
meut He il not Disturbing officer, has 70 custody OF
public money, andt il not supposed that the a;t OF
Congress requiring bond OF eff ,ers in tie larter-
masters DEPARTMENT, apples to the Quirterua'ter Gen
era. Respectfully submitted,
JAMS A. Seldom,
Secretary Of War.
Toe communication referred in the Secretary letter
is da ed April 2s:b, 1863 and eads as follows:
To His ErcelIency the President:
SIs: We beg have, respectfully, TO recommend Col
A. O. Myers for the appointment of Brigadier General
at the head Of the Q1artermasters Department We
think he has himself abls honest aud dlgent 10
the discharge of hs responsible and laboro Us duties
and take pleasure in bearing testimony to his SER
vices aud his meri g.
Signed by seventy s1 members of Congress.
| Mr. WIGFALL Of Texas commenced at considerable
length upon the statements ia the Secretays letter. and
the facts in relation ID the lartermases Department
He cited the law establishing that Department {, show
he rank of Colonel, and subordinate officers.
| To The legislative department Of the Government be
longs the right to establish offices not established BY the
Con titutoD. The duty of The Executive Is to appoint
persons with the advice and consent of the Senste 10
dll those Offices Ia this tho ofice created
that of Q1artermaser General; the rank that Of COL
oael Of cavalry. The President appointed Col. Myers
a. the oflice and, the nomination being confirmed by
the Senate, Col. Myers became Qlarermaster General.
lie YES never nominated 10 the senat9 Colonel Of
l. IL.
of the Office sufficient and, desiring to pay compliment
to en- iii ,iont officer who had organized tho depart.
meat it pa ssd the &c. declaring that from and after
he passage thereof the Ia1k, pay and enouments at
T. coed 10 TIC Chee of Quartermaster General shall be
those OF Brigader General in the provisional army.
There Vsg1eness about the letter of the Secretary
oil War which renders it difficult to understand what lie
means aud be (Hr. w regretted that the President
did lot reply directly the resolution Of the Senate so
that could have known clearly the reasons which in
Auenced his action in this matter fla vacancy existed
IA the office of larte master General IL was the duty
Of the President seud in nomination to the Senate
for filing the vacancy. This he has not done. No
eau read tie Secleerys letter and conclude whe her
yaclucy ex SIS or Lot IL the Office is vacant IL be.
comes the duty of the flee: mex: in rank to the Quar-
termaster G.neral TO discharge the duies OF the Office
Iii tie VACANCY is filed WHAT authority did the Pres
;dent have 'or assigning Bsgadier General Lawton to
8 Q discharge of those duties. Geo. LAYTON Goa
frmed as Brigader General 10 command volunteers
10 the field The Senate has agreed that he should
dscta &c the duties OF Qlartermaster General.
Mr. W. referred to Tie sction Of the United States
Congress in lS47 in assigning rank TO the Surgeons in
the army TO show that comforting rank not con-
srued under the old Government the creation of an
Office or ary interference with the rights Of the EIecu
tv. argued thai tits action precisely analogous
to he action of the Confederate Congress in relation
the Qulrtemaster Gsnera Colonel Myers, he said is
Qulrermaper General. There ia no lodging III Issue.
be was commss oned as sucl. IL he is not Quarter
master nera then the cce vicAnt and the Senate
ha4 been denied the constitutional right 10 confirm
reject bis successor.
After further remarks by Mr.. WIGFALL criticis:rg
the action of the President in this matter the me:taye
aud aceomp nyDg documents were referred TO the Com
miuee on Military Affllrs
The Senate then went into secret legislative session,
and soon aft adjourned.