New-York tribune., 1868-04-11
NETWORK. SATURDAY. APRIL H.. 1865

ov VI eaIed bnt the addition OF these words adds moth
ing to its meaning at all The same inquiry would arse
latter law inconsistent with the provisions OF the carrier
lawi There certain rules on the suelect wnch -
shall not fatigue the Senate by citing cases 20 prove pc
cause every lawyer will recognize them In me frst
place there rule az TO the repeal Dy @ u, t
understand IT, the Courts go upon the assumption OF he
principle that II the Legislature really INTENDED 70 reea
the law 1t would have said so Not that u shoua
6nt The presunpton is that II the Legislature entertains
clear and f1ed intention to repeal law ,h IL ,a %ii
is settled one that repeals by implication
not favored by the C9SGt our two .nbeees
must be clear IL is not enough that under some clIen
law possibly be to Ts osea
stand together the latter does not operate as ep o
the II Senators have any desire TO Ieler 70 me
ber Of them collected In Sedgwick on Statute LAWS
page 5o Now there is repugnanee whatsoever ,ha M
applies to all vacancies however created The act OF 1903
applies only to vacancies temporary or othetwse' %
expiratiOns OF commissions are not included u ~ ine
act Of 1925 applies only TO vacancies The act S lscS
ter therefore OF the two laws Is defent Is no III
consistency between them They may
fore submit that In the srcest view that can be sakn
Of this subject and which may be ultimately taken 1 e1 ~
peals altogether the act l795 But whether It did or not
state here what have SO ireguenty nad oGsasoa f 4,
crime 10 be on side Of this question and not on the
ober Is high % 70 believe INA ta
Is sound vlewi submit that that would Dc altOgetner
too stringent rule, even for the hon9IsDe Mapngel
themselves and they do not and the House OF klpfe
senatyes do not contend for any such rule Ihe HOUSE
puts II the ground that there was wiini 10
give this letter with authority OF law; not that u was
mistaken not that II was one which, afer Que con-
sideraton lawyers might differ about but mat u was
wlful intention act without authority, Ibat snb
NIT from the nature OF the case, cannot be made 70 a
The nsSs fgqG&R &c & 70 Een that the living
this letter TO Gen Thomas during the session OF the sen
violation Of the Constitution OF INC Chlteu
sfata nd 10 vii
alton. The Constitution as yon are wen aware,
;nnhopav comwssion dnrpg tIe recess OF the Senate
where vacancy happens during the recess, ana tne
other by appointment with ana Dy te advce ana eT tbe
President But II very early grew apparent 70 those
who administered the tha eases Ie b
Constitution could he promptly ana conveniently ~.
Ped-cases, for instance OF the temporary ansenee ni
during the session OF Congress might Tor the puDno IN
teres continue TO be administered eases OF Sickness
not In the cQndtlon Immediately 10 make nomina
ton to III the oh6e, or even TO issue commission and
To sSpHy those detects Wien
efi9a S I,e S IA
11g2, there will he found 20 he series OF
that subject the filling OF vacancies by temporary
appointment by dd Interim appointment. Tie coun.
se In this connecuon referred to several acts from tho
act OF 1872 70 the act Of February 2oss ana
designed 10 meet The difficulty Was the occurrence OF
bility on the part ocer perform s duties and
The Intention o each OF these laws make provision
SO that Notwithstanding ,his vacancy or this temporary
disability the duties OF the office would still be dis
charged That was the purpose of these laws. ts az
parent that these temporary vacancies arc DOT as abe
10 occur during the session Of the Senate as they aro
during the vacations. and that ~ ~ Just as necessary 70
have set Of eslatiye provisions 90 enable the Presi.
dent 20 carry on the public service during the session Of
the Senate as IL is 10 have the same Set 0i provisions
aSTng the aes9 INTO aRS tse.e sTs tEa ey make
Senate and The vacations Of the senate in rcferenec
fltee
shall occur" j. the language OF the statute "benoNer
there shall be a DEATH or n resignation or an
the occurrence takes place which gives Tise 70
fno,fvent. which tho law oontempaies, and the
particular time when II occurs - of no particu.
lar consequence itself, aud IL admitted by 'he Jaw
nj S ceS and eqaent prsetce s % Of hc
ment from s.very earliest days. rs aIn Estrncica-we
a great number OF instances. The honorable Managers
themselves produced the other day schedule 9f tenn
porary appointments during the sessions O the senate
OF Inferior officers Of Departments, 10 perform
temporarily the heads OF Departments, and those
instances run on all.fours with the cases OF. re
movals, or suspension oi officers. Take the
case, instance, of Mr. Floyd whom alluded 70 yester-
day Mr. Floyd went ont OF ohce; MS chief eierk was
person In sympathy with him and under liA control If
the third section c the act OF 1853 vas allowed 70 operate
the control OF the War Department Went nlo lhe hsns
OF that chief clerk. The Senate was m session. III would
To have the War Department IN that condition
one hour and Mr. buchanan sent TO inc fo1t Ouce ana
took the PostmastorGeneral Into the War Department
aud put It IN hs charge There were then IN tins body
sufficient number O persons To look after matter O that
sort II ry felt interest IN H. and accordingly they
passed resolution inquIng OF President buchanan by
what authOrt, he had made appointment OF person
to take charge Of the War Department without the con
sent of the Senate In To that message sent
containing the facts and showing 10 the Senate Of that
day tho propriey and necessity OF the, stop ana
authority was exercised. giving sGheeue
running through the time Of Gen. jackson
number OF ad interim appointments OF that kind There
be ground then whatever for the allegation thai
stitution Of he Tinted states pass, therefore TO the
article which wish 10 consider and that j. not the
in number but the eighth article take ia that
order because the eighth, as have analysed H. differs
from the second only In one particular and theieioe
been Just speaking II will be necessary for Inc to say but
very feW words In relation to IT, IL charges an intent
nlaytuly e The m % made 6y Hcnges
what is In the second article; ana on that certhy az
any observations. Tho senate will remember the offer OF
proof BY the aan1aEers designed as II was stated 10
private secretary with the Treasurer and thus to enable
him control the appropriations made for the military
therefore, IL quite unnecessary for me to make any
comment upon H. The allegations are, first, that tho
without the advice and consent of the Senate third that
he did IL when no vacancy had happened during recess
Vacancy at the time and fifth, that he committed high
misdemeanor by thus Intentionally violating the Conht
tuition G ~ hs TRfa sse DENY 70 that 2 be %
nornted GsS. Th6fIas e the office OF Secretary ofwar
appointment can be made 0st 70 sn oDa roash COM
mission signed by the president and bearing tae great
eeAl That Is the only mode III Mnioh M Pp. ,,,
can be made The President, AS have sala may Ein |
porarily commission officers when vachhcleg ySVM st
ng the recess OF the Senate. bs ia Is not an appoint
msnt and 4 not 40 considered In the Constitution me
may also nnder the acts Of 1925 and 1905 grant
authority 10 persons 10 perform temporarily the duties oi
a certain office, when there y vacancy. hn ~
sane letter Of authority 70 Gen. Ihomas,;
authorizing him. ad interim TO perform aS au,es u
Bnt n il said that II was made without the advice ana
consent Of the Senate Certainly y was HOW could tS
ADVICE aud copet OF the genate be Obtained 10 an uu
;a,rio antborIty OF that kind This an appoint
ment TO supply temporarily, adefeot In tho adlnlstra
tive machinery OF the Government III Tue fresidehs
han gone TO the Senate for it's advice ana consent ne
n pdnra