Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1863-08-26

POSE the public interest "ou u o0 + ~" go,
| i he might "relieee' the QuartermaSter uenel"'
Of his duties, and assign some one else TO per
form them"
Put the President does not and cannot now'
mt # on the ground of promoting {" the public
interest" He saws, through the Adjutant Gen
erals office, that the removal of Col. Myers Is
u upder the act of Congress, approved March
| oOth ls63"--the idea conveyed, and intended
to be conveyed, being that he makes the reno
val in execution of law, and by comPnlSion OF
law. And this brings us TO the main point IN
the case--and the only one that we mean to DIS
cuss with the'SeptiaeI or anybody else.
Vas The attempted remo"0t Of Col. Myers
from the office Of Qaartermaster General, :"
execution of either the purpose or the letter OF the
lar of tie 2Oh Of March
The Sentinel will not argue, the President
will not claim, nobody will pretend that it was
in execution of its purpose nobody will deny
that it was in direct and known antagonism to
that purpose---although the known purpose of
the Legislature in passing law is a recognized
guide and rule to its in expectation by Courts,
and shou be b. Executives. No one, we say,
will pretend the one or deny the other of these
things, aud therefore we need say nothing more
about it.
Was his action in execution of the letter of
the act of the 10th of March! That act was in
these words:
- The Congress Of the Coatederate States Of
" .inerica do enacL, That from and after the
q" passage of this act, the rank, pay and allow
e ances attached to the office of Quartermaster
" General of the Army Of the Comic crate States
" shall be those of Brigadier General in the
" Provisional Army.
/ Approved March 20, 1868"
The was then al office of Qaartermaser Genera,
With certain regulations conditions aud appurtenaIces
attached 10 by Congress- aud at all times within the
conn etency Of Congress to alter enlarge or diminish
a. pleasure. Tie officer who filed it not COL
oneI of Cavalry bu. tie Qtartermaster General. That
he was 10 have so long Congress Oased the rank OF
Colonel OF Cavity merely proVis Ol OF tie body
for defining his present stand aud pay. That these
could b. altered by Congress, Whenever that body
pease is as certain as that they had the power in the
frat place to determine them. When by the act Of
2oh Of March, they did CHI ne these conditions aey
ef name aud stye OF tie office just what they were
by law" Ou4rtsraaSter Generals department" and
the name aud style OF the o;er what they were by
law apuointment aud commi iol"Qsa ter1adster Cen
s,aL.n The Qlartcrmaster Generals Department was
not ade vlcant font so declared; the Quar-
master General was promoted for his title remained
unchanged promotion in military nomenclature Is an
elevation from al in'eror superior office but he
ne Office was not changed An officer cannot be pr
NOTED ia an office bu, necessarily ont OF 1t iato higher.
Such promo. on always and necessarily clOwed by
change Of tile But in this case tie title fixed by the
nomination o. the President, by the confirmation OF tn
s ,nate and by tie language Of the commission, re-
NAMED, namely the tide o. QIartermaster Gerera.
There was then, no su,h elevation from office to
another and no such change Of tile called for or
authorized an ialerpOsuon of the nominating power OF
the Pres'd Nominate whom and to What? Colonel
Mysls to BE- QiartermaI,er General? He was that a.
ready
But, as bearing upon this view, We gi'e what the
Seainsi says, and sccordng to our understanding, Ii
il Of is long artce tina. beais upon the real point
in d.s,u sion;
Toe Cous,i uton divides the powers and duties of
the JUDICIARY Departments Neither # these in
wade the spaere Of the other. 1t would be a urpI
oa to DO SO which would be in coLteup; Of tie peo
Pile and which the invaded department would oWe it 10
the u Iry 10 resist This peri, civ clear.
Among the duties Ct the Executive Is tina. Of making
domination 10 ofce. The Constitution declares thi
Tae Wing adm tIt. Congress makes flee, but it
10 l,gisiate men into them. l. more make the
officer than the President make the office. 1t is tie
duty Of Congress fame the law wisely II car,
IL q 10 ~ he he
best he Such their respective responsibilities,
aud such the Limits 70 their respective powers
In the present case Colonel M5ers larermaster
General under the nOnna ion Of the President. Con-
gress raised tile grade Of the office, that is to say tie
rank attached 10 or required by it. lt thus became
high for Co!Oueh Myers rank. 1t required Brgadier
General Congress did not raise the incumbent with the
Office for it could lt It's privilege draw the
bucket out Of the well, bu it could hot raise the
Toe President had one OF things to Go either pro-
mote Colonel Myers the rank of Brgader and retain
bim call Brigadier to the post Ali this is too
plain for justification. He chO,e to do the latter.
We agree in the main wi what is said in the Il 4
two Of these paragraphs But the SstiHsl does not
cord to Congress ther full powers They not only make
Offices" attaching and sfxing whatever duties, respon
sibites incidents and conditions TO these offices they
Please, but having continuing control over them
may abolish or remodel them at pletsare, may
increase Or lessen the dutiIs, may augment or d.
min skthe pay, the number Of Cmployees the amount
of security if any, required many other way, not
rorb iden by the Constitution that legislation seems e1
peden. exercise legislative power. They are in
vested with continuing and nexbausLble authority,
control and supervision any Office they creae They
cannot egsate man into Office as the Erainsr says,
but they can legsate coneernipgh him after he in Office
Nothing is more common than this. They have leg sla'
ted even concerning the President himself They drst
created the office OF the Presidency. At another time,
they affixed bis salary. Al still another time they voted
to pay the rent of the residence Of the mansion he Oc
cupied-be latter being in the judgment of some per
sons an unconstitutional ac though it did not cause