New Orleans daily crescent. [volume] ([New Orleans, La.]) 1851-1866, 1866-03-28
aes saas llaia Crescent sysarssday ofmag ah 49, 1866.

officers whose offices are,established b, -
tuition, and whose appointments arenoth erei- -,
wise provided; Prouided, ho,cerer, that the les.
lature shall have right to prescribe the mode OF
appointment to all other Offices established by la "
ART. 55--The Governor shall have power to fill
vacancies that may happen, during the recess OF
the Senate, by granting commissions, which shall
expire at the end of the next session thereof I'M
less otherwise provided for in this Constitution;
but no person who has been nominated for office
and rejected by the Senate shall be appointed to
the same Office during the recess of the Senate.
And the Senator took the ground that if these
were to be regarded as original appointments,
they were incomplete, without the advice and
consent Of the Senate being first obtained. In
fact, that the parties not in any sense officers
until such action of the Senate. The Independent
power being conferred to the mere matter of nom
nation and the appointment to be by and with
the advice and consent of the Senate. (See arti-
Gle 54.) If, however, these are to be treated as
appointments to fill - vacancies, happening
during the recess of the Senate, under the power
conferred upon the Governor by article IS, the
appointments or commissions expired at the end
of the next session of the Senate, which was the
extra session of November last and the offices are
therefore vacant, and the commissions expired at
the moment of the adjournment of the Senate Of
that session. 1t was not only improper but out of
the power of the Senate now to act upon these, as
either nominations or appointments was derived
from article "a alone, and the power to fill vacan.
cies was limited and controlled, as well as CON
ferred by article IS. iS
The distinction between extra and regular SEES
sions the Senate is not made by the terms or by
the spirit OF the Constitution which contempates
and requires the advice and consent of the Senate
to all appointments not otherwise provided for,n
whenever that advice and consent can be obtained.
The power of the Senate to give this advice and
consent at an extra or regular session is not, and
cannot be for moment questioned.
On motion of Mr.. Kenner, the whole subject
matter was referred to the Committee on the Judi
ciary. ~
On motion Of MIR. Poche, it was ordered that the
constitutional objections to the confirmation of the
nominations under consideration be referred to a
select committee of three, with instructions to CON
fer with the Governor on the subject, and apprize
him, on behalf of the Senate of the course adopted
by them and to solicit from him such suggestions
for remedy as he may deem advisable. '
REPORT FROM SELECT COMMITTEE.
Mr.. NOLAN, from the select committee on par
don, to whom was referred the pardon of William
Harrison who was tried and convicted before the
First District Court of New Orleans for the crime
Of burglary, and sentenced the 2sth day of De-
cember, 1864, to five years Imprisonment at hard
labor and to pay the costs of prosecution, submit
ted an adverse report. @..
On motion to concur in the Recommendation of
his Excellency the Governor, in said pardon, the
roll was called, and the following was the result
of the vote
3eas-Messrs. Abney, Anderson, Brownlee. |
Campbell, Pellowes, Lott NOLAN and Newton of
Jackson-s Senators.
Nays-Messrs. Bruslt, Egan, Gibson, Kenner,
Lapeyre, Munday, Nelson, Palfrey Poche, Scruggs
and Wilcoxon-ll Senators.
So the Senate refused to concur in said
pardon. @'r a-r |
On motion of Mr. Brusle the executive session
Adjourned, and the doors were ordered to be re-
opened. ...
OSCAR ARROYO,
Assistant Secretary of the Senate.