The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-12-29
RICHARD DOBBS SPAIGHT.
A Tar Heel Responsible for the Deli
cate Official Status of Crum.
New York Evening Post.)

Washington, Dec. 26.-Richard Dobbs
Spaight, of North Carolina, is the man
to be held primarily responsible io- The
somewhat delicate official status IN which
Gen. Wood, Collector Crum, and certain
ether appontees of President Roosevelt
now find themselves. 1t is into his hard-
work as Trainer of the Federal Constitu-
ton that Senator Tillmans resolution IN
structs the Senate Judiciary Committee
to inquire Provision for filing Federal
offices between sessions of the Senate was
one of the last subjects considered by the
Constitutional Convention, although the
general system OF Presidential nonlina-
ton and Senatorial confirmation was long
discussed. There was no recess appoint
nent clause in Pinckney's draft, HamI.-
tors pan of government or Randolph's
resolution in one or another OF which
most OF the present Constitutional pre-
visions came before the convention n
concrete form.
The Committee of Detail, composed of
Rutledge, Randolph, Gorham, Ellsworth,
and Wilson, in its report included among
the Presidential powers 10 appoint Off
GERS in all cases not otherwise provided"
The advice and consent of the Senate
appears, however, in the report. OF the
Committee of Eleven about a month later,
but the committee did not attach i'm
portance to the fact that the Senate would
not always be on hand TO give its ad-
vice and consent. On September Z 1877.
three DAYS after the Committee of Eleven
had submitted its report, Mr.. Spaigh~
offered this resolution: ''1hat the Press
dent shall have power to fill all vacancies
that may happen during the recess OF
the Senate by granting commissions.
which shall expire at the end or the
next session CT the Senate" This was
agreed to, mem. con. and ii any OF the
members spoke on the resolution at all
they said nothing which either MI. MaGi-
son or Mr. Washington thought worth
while to enter in his journal. 1t does not
appear that any one explained on the
floor why these temporary appointments
were made to expire at the end OF the
next session of the Senate instead OF re-
naming in force until finally acted on.
In the discussion in the various State
conventions Elliott records only one occa-
SION when the provision in question was
talked of at ell. This was in North Caro-
lima, Mr. Spaights own State, and the
recess appointment power was touched
on IN connection with the then familiar
objection that monarchical powers were
gwen to the resident. Mr.. MacLalne in
rely put forward an argument which,
again, does not explain the reason Tor
making temporary appointments only IN
I'll the end of the succeeding session:
Congress are rot to be sitting at all
times; they will only sit from time to
time as the public business may render
II necessary. therefore the executive
ought to make temporary appointments,
as we'll as receive ambassadors and other
public ministers. This power can ne
vested nowhere but in the executive. be-
cause he is perpetually acting for the
rublic; for though the Senate is to advise
him in the appointment OF officers, etc.,P
vet. during the recess, the President may
do this business. or else it VIII be neglect
ed; and such neglect may occasion put'
lie Inconvenience"