Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1866-09-27
From the Baltimore Transcript.
MIR. Jeff. Davis.


| MIR. JEFF. Davis.
| We trust there may be some foundation
for the rumor, that if Mr.. Davis is not tried
at the October term, his release may b.
looked for soon after We cannot persl1ad,
ourselves that the American people desir,
the blood of this unfortunate and suffering
man. All intelligent men know that the
political principles upon which he acted are
those in which the people of his section
have been educated and which they con
scientiously hold. They have been trained
from infancy to regard the supreme allie
glance of the citizen as due to the State
and have been as honest in that belief al
their opponents have been of the opposite
Nay, more, the leaders of the extreme Rad
ical party have themselves proclaimed, ever
and over again, the same secession doctrine
upon which Mr.. Davis acted. Nor has he
made himselfindividually odious, more than
any other Southern man, by the manner III
which he vindicated what he believed
to be the right On the contrary, he
was conspicuous during his whole admins
tration for the moderation and humanity of
his spirit, exposing himself thereby to a
good deal of bitter denunciation from big
OTIS and extremists in his own section. DIR.
Craven expresses in his book his profound
convictions, derived from intimate personal
intercourse with Mr.. Davis in prison, of the
depth and sincerity of his religious charac-
ter and this was no less evident to those
who knew him when he was in prosperity
and power. Personally, there is no prom
inent man connected with the Southern
movement, with the single exception of
General Lee, who deserves more the re-
spect and forbeafance of his enemies. The
release of such man could do no harm in
any point of view. He has no longer any
influence with the Southern people, for
though they sympathise profoundly with
his sufferings and reverence his private
virtues, they look upon him none the less
as possessing neither political foresight or
administrative ability. Even if they anti
cipated another attempt at independence, a
madness which not one of them is guilty of,
MI. Davis is just the last man who would
ever be trusted again with the management
of such an enterprise.
THE APPOINTING POwER.-An opinion is
published at length from the Attorney Gen
eral of the United States in regard to the
power of the President where appointments
to office have been made in the recess prior
to the last session OF the Senate, and there
was a failure during the session to make a
permanent appointment, either by the re-
fusal of the Senate to confirm the nominee,
a failure to act on the nomination or other
cause, to make another temporary appoint
ment in the present recess. In his discus
sion of the subject the Attorney General
takes up the general question whether the
President can fill up Il vacancy Ill the re-
cess which existed in the prior session.
After review of the precedents established
since the foundation of the Government,
and an examination of the Constitution
and existing laws on the subject, he arrives
at the affirmative of the proposition, and
consequently of the original question sub
mitted to him.
The clause Of the Constitution under
which the question arises is as follows -
g The President shall lave power to fill up
all vacancies that may happen during the
recess of the Senate, .,y granting commis-
sions, which shall expire at the end of the
next session." and the Attorney General
observes that the question has been fire.
quently passed upon by his predecessors. -
Mr. Writ in 1923, Mr.. fancy in 1882, and
Mr. Legare in 1871, concur in opinion that
vacancies first occurring during the session
of the Senate may be filled by the Presi-
dent in the recess.
AS to the case on which the question now
arises, which was that of postmaster APP
DOluU6u
appointed, the Attorney General says: cit
is not clear that the vacancy which exists
after the adjournment of the Senate, can be
said to have occurred during the session.
The appointment fills the Office, and the
language of the constitution is that it shall
expire at the end of thenext session. There
is no vacancy until the Senate adjourns.
The Attorney General then takes the ground
that vacancy" implies duration, and that
the word happen" used in the constitu-
ton need not apply to the beginning of
vacancy any more than to any other period
be construed: elf vacancy happens to ex-
ist in the recess. This, he says, was the
opinion of his predecessors He then con-
siders the spirit of the section, and con-
cludes that it confirms this construction of
the mere letter. Executive power is always
capable of exercise. And no other branch
power to nominate officers to see that the
laws are faithfully executed. He is held re-
sponsible, and we could hardly expect to
would Illustrate all these provisions. Wher-
er there is vacancy there is power to fill
it,
Boris MAKES ANOTHER SPEECH.--John
Minor Bolts addressed Radical meeting
at Patterson, New Jersey, on Wednesday
night. It was, in point Of snorting below
ing, egotism and slang, a regular old Afri-
can Church effort. He spoke for three
hours, abusing the late Confederate Gov
eminent, praising himself and his peculiar
loyalty, telling how he used to rejoice at
everv Union success. and shed bitter tears