Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1864-01-26

dents in this case upon the advic he had asked.
The Congress was to adjourn Ia three days from the
date of the petition aud TO remain adjourned for seven
months Five weeks had elapsed since the approval OF
the act Of ooh March, 1853 and il was known that
whatever might be the legal effect of the act A. O. Myers
STILL at the War Department. only recognized as
colonel in the general staff. and that within one DAY
after the adjournment OF Congress his successor might
b. installed to hold the ocs and dscharge the duties
Of Quartermsster General for months without the
advice or consent Of the Senate. How, then, was any
ore who signed that petition committed 10 the con-
8 rue ion given 10 it by the Secretary How could
Colonel Myers receive the appointment of briEaier
at the head OF the QlArtermasters Department.
except by being nominated for Quartermaser General
to the Senate! Uctl he vas 80 nominated be was
tenant at WILL and it is not extraordinary that persons
entertaining the opinion OF him, expressed in the petit
tion should RVe signed without very carefully
sidering the pirlseology WHICH the committee admit
is inapt and Inappropriate, although following the
form adoped by the former Sscreary and the Presi-
dent, when he (Hyersl nominated for the
Office to the provisional Congress. Before leaving this
branch Of the subject the committee think t out
of place to remark, ths.he paper writing sent inc the
Senate giving cotempoIa1eous construction 10 the act
under consideration, does no; bear any evidence OF
having been sig led by single member of any body.
Ii has Official mark upon it, IL Is da ed simply a.
Richmond. They forbear 10 make any comment upon
the uss which has been made Of it.
The committee will not occupy the time Of the Senate
by dwelling upon the want OF accuracy which marks
that por ion of the SecretTys letter 10 reference to
General Lswtons appointment I.appears that he
appointed under the sixth section of the act of Oh
March, 1861, AID no. under the fifth, supposed by
the Secretary The fifth sec ion provides "thlt when
insp mustered and received into tn service OF be
Confederate Sa es said troops shall be regad,5 in sl
respects, as part Of the army OF said Confederate
States" The xlh sect on horizes the formation by
the President OF bigades aRd diviyons, and provides
that whenever bigades divisions shall be organized
the esident shall appoint the commanding Off ers for
such brgades and divisions subj ct to the confirmation
of Congress- who sha hold their Offices only while such
origades and divisions in CO." Tbs il en-
titled Gan act to provide for the public Defence" and
authorizes the President to receive directly into the
service the Confederate States one hundred thousand
volunteers without the nterposon consent Of the
State Governments II General Lawton appointed
under this sc he was not appoiu ed "a brigader gen.
erA Of The provisional army, and on this ground the
reasoning of the Secretary fails When INDUCES in
hyper critcsm be should at ess. be The Sscre
ary that the Of 20h March, 1863 rendered
it incumbent upon the President TO assign to the dis
charge of tee dut OF tie Qlartermas:er General
brgaiier general of The Iroys onal army. The ac to
RAISE provisional forces for the Confederate Staes was
passed the Is h FebruTy, 1861, and not on the 9th
March, 1861 It's third section provides shat the Pre-
deot be author zsd 10 receive into the service Of this
Government such forces now in the service Of said
States may be rendered Who may volunteer, by
| consent of their State, 10 such numbers as he may
| MY be recsived with Their officers, in companies
bSttal;ons or reg ments, and when so received shall
form part OF the provisional army" &C., land the
President shall appon', by AMI with the advice and
colsnt of Congress, such general oi;er or Off GERS
for said forces as may be necessary for the
A. T. LAYTON, then, by the Secre arys own showing
was appointed brigader general OF troops, wac were
TO be considered, in all respects, "a pat Of the army
Of the Confederate States, and net IN what is tech
| nically known as tie provisional army. His assign
Il Il.
the provisions of the act of 29h March, 1868, adj
hitting the Secretarys constrhcto of it to be
rect
But graver question here presents itself for the
s1eraion of the Senate. Can line officer be assigned
TO duty upon the general staff Of the army in accord
ance with law! be- without violating the Constitu
ton Does Lot such assignment practically vest the.
appointing power in the President Alone and deprive
the Senate Of its just weight as part Of the appointing
power as established by the Constitution The iAf-
catoCs for chaplain and commander of cayal are
very different So very capital captain of ar illery
might prove to be very poor surgeon. very g. liant
brgadier Of infantry might be very indere-t quar-
termaser. One might receive the unanimous vote of
the Senate 70! the engineer cops and be elected with
equal unanimity as commissary. CJonel Myers was
confirmed the day he nominated for Quartermaser
General He might not have been for ,lse OF equal
grade in tie line. General Lawton confirmed by
Provisional Congress for command i'm the line, he might
have been rejected for place upon the general staff.
The Senate would certainly advise and consent
the GppOin;G ent OF General Lee Johnston Beau
regard 10 be CommSry or QLacterm lster General =
Their too valuable in the field Their very
quail hcatons night be DOUBTED.
The "co.emporaneous construction" Of the Coustitu
ton usains this view I'd il should have eight least
with the Secretary The acts organizing the Qdat.r
masters end ConmisaIy's Departments gave special
permission 10 have subalterns Of the line detail ed 10
perform duty in those departments. SO pro si:n
made 10 the act oreanzI the AGutant aud Inspectors
Department. f,r assigning brgad e; general OF the line
to act as Adjuant snd Inspector General These acts
we're all passed at the Sc of the Provisional
Congress and by the same men who drafted both Const
buttons IL would SEEM them that in the opinion Of the
President, at that time, aud OF the Congress- line Of
Ger could not be assigned duty tue general staff
from slbsltern to genera, without special legislation
Tnese acts all approved by the President
But the voice OF the Senate, part of the sppoin ing
power in the under cons Iteration, has been CON-
pletey suppressed aud the judgment of this body ut
terly Ignored. Had Inns Cfcer been Assigned 10 duty
on the general staff who had been duly appointed as
provided by the Constitution, grave question would
arise for the suggested the legally Of the
transaction. invasion Of the rights of th
bady has arser General Lawlon has been holding his
Office in the line for nearly two years without either the
advice or consent of the SeBa He 10 contnu ID in
office by the esd mt alone. Would h, be much
stronger had General LAYTON been originally appointed
by the President without the either OF the Con-
gress Senate! Al the beginning of the almost
ali our officers we're untried aud Improved. Many who
confirmed by the Prov siolsl Congre have gap
pointed expectation. L. is not the purpose of the
mtee to inslnuate any hing TO the dspsragement OF
General sLawoD. He is known to have acted CALAMITY
in battle and TO beaLupon his person honosbe marks
Of that gaantry IL in defence OF thst Constitution,
for the establishment of which he has bed that thsy
SPEAK He holdirg commission in the line
which has bsen confirmed by SEN. e. and I'M
der that commission has been assigned by the President
90 the discharge OF the duties of oc, which he has
beea appointed by the OF either the Pro-
vsonGl Co gress the Senate. The right to select
psons to dschS &c the duties Of the Offices established
by law belongs under the Constitution the President
aud nate ordinate branches Of the same depart
ment and not to the President alone.
The President informs the Senate through his Secre
tary, that Brgader G.nerA swton wa, under the &C.
Of 20sh March, gaed TO duty QuIrtermasttr Gen