Richmond Whig. [volume] (Richmond, Va.) 1862-1865, 1865-01-28

their Speaker and other ecefs The word sshe, eeisF
applicable Rot only to the Speaker bat 20 tne - o'
GERS, SnT -r a.. =; ,ro
ided with President not chosen by themselves 70 VII
the Vice President OF the Confederate STATES aug s Neh
,s5 Wifi na,Ser 10 "choose their Other.ouicer.
~ the act now before me however, The Nv Gun
rovr respective merersS choose onces thai are
not their officers but officers Of the Executive Department
OF the Government The language + not susceptible Of
any ofh0 meaning. The Acting hidshipman SHALL be
aunouted upOn the Recommendation oil the representa-
teg O Sehaors the case may be But the Conslitu-
ton by granting 10 Cengess no other power over oees
elsatedfv law than that OF vestng the appointment in
ne President alone in the Courts OF Law, in the Heads
M luatnehlsV thus withhods from that branch OF the
Government amy participation IN such appointments
But il may be remarked that this act gives the power OF
making the proposed appointments, noe TO Congress IA
b5ly but the individual members OF the tNo Houses
ad that is thus in conflict with the spirit and intent OF
t clause OF the 9th OF the LIST article OF the Con
Tuition which enumerstes the privileges accorded to lie
presentatves and Senators individually.
Fese privileges carefully restricted 10 such ~ are
necessary To enable them discharge their duties as rgs
ators All other rights powers aud privilege granted 10
Congress by the Constitution are conferred on the hoy
collectively. OF ON one OF the two Houses.
The power to make selections for appointment 10 once
il no here accorded IN that instrument Ia the SrnH'vH
aud Representative individually and II Is 6ehNe1 l2 pe
an unauestoned principal Of constitutional nav that no
Hesitation can add the power vested by The COnstilu
ton Many member Of any one OF the three departments
oil Government The power OF congress 10 Ntsi ny '""
The appointment OF inferior officers IN the frradent alone
an ia m heads ui departments would seem 60 include
fer L. restrict limit partially confer The authority,
% iiye 1t between several departments provided thel
-T.. Inch tu-y tohsuuuondly exercise the lnhe
49, gUt ID t- tIe Ui the tdn.ntdtioa which has been
l .Ets1 Je c.,5t . 'I 81 that ue %ohe,''' 'u'sl
s, it-,lt amy rzt 20 Pat,tu III ihsTstle> ''o"
al ol,,l-ot AnV elias save those Ol The Two Houses
lt- language Of the Organizing the Navy - s"Aie
times cited 10 support the opinion thst acung mdshlpnle
are not officers bu1 employee In the ISL seeoh u "'
al the President is authorized 10 apPoUt certain cOWs
stoned olhcet, aud employ many masters, mld'
shpmen engineers, naval constructors Doat'mains gun
ues carpenters sai makers anu other warrant anu Pe'
/ oihrer. and seaman a. he may deem necessary &C
Ii il we've conceded that acting laidShpmeh are no.
ohtqrs To- hill would not on that account DC the s' la
be Ia my Judgment 10 The objections above SET io!'h 10
b, a I'm accordance with the letter aud spirit O tht
CONSTITUTION Tor the members o'C Congress 20 participate
,bno-ne EMPLOYEES IN choosing OFFICERS lor The Exc
cutne Judicial pepaHH IL : spuH"ami 80 a.,
Ehos theory OF our .repuOlcah hsutullohS "h'p az u
i bs,e on the fundamental idea OF independent ana ds
u1gt functions each OF the departments OF "V'etieen
lie legislative. Executive ana Judeia anu eNl pSu
must result IRON any departure nom tins ptici
u But m no Just sense can Ge maintained that an acting
dshp man not an oincer oil the navy lhe Ne. Slaus
| b.. he law inst referred implies that he Is walrah
,rn bnt II there be doubt as 10 this, the question !
decided by tha Sd section OF the Act oil Isl April oo3
which ares that The warrant olhcefs ss Oe "a
| lows twenty passed mishlpinsh one huH"ieu anu 'N
1 acting midshlpmen, &c -, -, I'll, -
5cs and consent OF the Senate the next grade The war
MT fr belongs 10 that class OF inferior officers which
sc orin 10 the Constitution may lie established W law
In s1-n-pa by the President alone, or the Head OF
Department lie Aidsbpmon IL OF TINS class ms ep
- 1l,,-r,ent i suthorzrd by law and his promotion
Tirovided for b. Regulations He cannot be dis
4 red or dismissed nom service ~ the pleasure OF nj
! commaHieT nor without delinquency % ms part DIS
| mere empoyee for temporary service
his name plrcsS N the Navy Register ana the prope
record kept oil his entry into service, to determine III
rank and in all relations to officers eHd seasn ne y en-
ttled TO be and is actually treated as an oiheer oil th
/ navy. -.,,. . -
le Bill is returned in no spirit OF unwllhngness 70 re
,eiy the advice and concentrations Of members Of Con
p which are recognized 20 be entitled to special con
leration but from Of duty to constitutional obi
i cations 'ioiSnep -. ~.