Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1864-01-22

on the subject no Apponiment Of Quarsmaster General
was made Tho subsequent act amendatory OF the
rs provided that the Quarern aster Generals Depart
mant shouts consist of q QuNtermsser General, an
A,si,tant Quartermaster Genera, etc. The President
nnointed O. Myers to the petition Of Assistant Quar-
tsrmaster General the rank OF Lieut. Colonel being pre-
scribed by the set authorizing the appointment
As Assistant QuArermaster General, Lieut.. Col hye"
orranized the Qsartermatt.rs Department Under the
act of February, go he appointed oaartefmaster,
with the rank Of Colonel The cce created BY the law
was that of Q1artermassr General the oicer as sre1
TO be entitled to the rank Of Colonel former secre-
tary of War mstook the rank for the once, ana the
President fell into the same Under the act OF
the 9oth March. '6S, tse rark OF the Quartermattr
General was increased 10 that of Brigsdler General
The intent of the 10 give the Quartermaster
General tho rank of Brgadier General instead OF Colo
mel and twas approved by the President The secee-
tary OF War says the law was susce pole OF Two con-
strnctons one OF which in violation OF the Constr
tuition because appointed BrgAdier Genera-a pre-
,o0atye belonging TO the President II the Secretary
means by a Be;gldier General the commander
of a brigade OF troops, he is right, but tne
onice Of Brigadier General is one thing aud the
honor and entity of the once another. To be Brga-
der General is 10 command brigade. To be osar-
termaser ia to discharge the duties required OF that
officer by law whether he is called Colonel or lga'
der General. Toe duy OF appointing ofhcers eieary
belongs TO the President bus there was nothing In the
act of March, '6s requiring new appointment 10 be
nade. The rank Of the 6fi.er mentioned therein was
simply changed. The Office was not abolished, ncr
were its character duties in any way changed. hso
they been, a question might have arsen whether Inc
act did no. operate repeal Of the old office by the creA
ton Of one But nothing oil tois sors preepueu
TO have been done But the Secretary tays the ensess
10 create Br;gader General in The Provisional Army
Was not the eec. OF the frat act to create Colonel in
the general Stair It not the Pretdent but the
Congress which gave that rank TO the ONCE twas the
Pre- sdent and the Congress who chose the oficsr'
The character and duties OF the cfics uuatered-
she appointee of the Prosden. is Left TO discharge the
duties for which he was selec.edhis pay aud rank are
alone changed and that change ELECTED in she oly way
possible, by the Congress which originally established
Shem.
The report next refers to precedent under the old
United States Government showing that when su geons
were invested with rank it Tot deemed necessary
10 give them new O. mmifsicns.' They were surgeons
and assistant SUI geons. Congress made them majors
and captains. Il was not then deemed necessary TO
at,iRn mfors and captains to ito duties Of surgeons
ard assistant surgeons In the case before the Senate
rank was increased not originally given.
TIE reference of the Secretary OF War 10 the petition
rued by various members Of Congress in favor OF the
appointment of Myers to the oRcJ of Q n. General,
aIer the p.sage Of the act of March, 1858, IL com.
uented upon a! some length. The report then pro-
cseds to show that the assignment OF line officer TO
duty on the general staff depriVes the Senate OF jus;
Part of It's appointing power. very gallant bIigadler
might be a very poor quArtermaser, and an efficient
uuartermaster prove very unsuitable brgader.
The Senate is entitled to pass its judgment upon all
appointments but this instance that cgment had been
ignored. No reflection Was intended by the committee
upon who bore on his person the marks
OF his services in the Id. He had, however, been
holding the commission Of line officer for two year.,
without the 'adsco and consent of the Senate" and
under that commission bad been assigned Office in
the general staff without the confirmation of the Senate
lie has given no bond for tina faithful discharge of the
duties pertaining 70 she ofce OF Quarern aste General
although the laws OF the United Ses declared to be
in force in the Confederate StStes qure that bond
,hall be given The fact that bud has been gwen
shove that the Dep1r menG OF War is guilty OF two
Of nces against the law instead Of one Ap! rOpraiona
based upon estimates of the lartermaster General
drawn by the Secretary OF War on the rCquistons OF
the Quartermaster General and therefore, 10 the Opin
ion oil the comm tee, every dollar drawn since the loh
August lass has been issued in violation Of law The
repor closes with the Recommendation Of the ad pOn
ofthe folio wing resolutions:
L Resolusd That in The opinion Of the Senate A. @.
Myers Is now Conceal of the Confederate
SAtes army, and Is by Law authorized and required TO
dis ,haTge the duties thereof
q That r Lawton is not authorz sd by law TO dis
charge the duties of sAid Cfnje
The report refers to the following documents, witch
are appended as part thereof:
EXECUTIVE DEPARTNEET,
Sept 18th, 1852.
Under the frst clause OF the eth Art of tie Constu
tion entertain doubt Whether it is intended thai the
officers either of the Regular Provisional Army Of
the Navy appointed during tho sIstenc, OF tue Pro-
visonal Government, and confirmed by Congress, re-
ire 10 be renomieated and confirmed by the Senate
/ respectfully request your advice on this point
JETRGRsoE DAVIS
elolution adopted by the Senate:
Resolved That the Senate in response to the EHecu-
tive message transmit ed the l2h inst, do advise
the President that il is intended by the first clause of
the Eth of the Constitution, that the officers of the
Regular or Provisional Army of the Navy, appointed
during the existence Of the Provisional Government
aud conf med by Congress- should be renominated and
Confirmed by the Senate those parsons to e,eed
them should be nominated and confirmed.
PAT CT Tx MASTER ARMoRER.
On motion Of Mr. SPARROW, the House bill to fix
the ray and allowances of the Master Armorer of the
Confederate Safes was taken up. The bill was con-
sdered and passed.
OFFICERS OF TIE NAVY.
Oa motion Of Mr. BROWN, the Senate bill TO regulite
the allowance of travelling tIpencOs OF officers of the
Navy and others travelling under orders was taken up
and further considered The bill was fnally postponed
until " morrow.
POLYTECHNIC sURKAU.
NrWIGFALL introduced 4 bill to provide for the
organization of Bureau Of Poytechnics for the eI-
animation and application of warke inventions Rs-
ferred to the Committee Of Military Affairs.
In consequence of the thin attendance of Senator'S
Ga motion Of Mr. HENRY, the Senate adjourned.
HOUSE OF REPRESENTATIVES,
Mr. DUPRE, of La +, rose to privileged question: