297
PAPERS OF l\IIRABEAU BuoNAPARTE LAMAR
informed of the authority under which naval appointments are made during the recess of Congress. If the enquiry be intended to refer only to the number of appoint- ments that have Jreen made I would in answer respectfully call the atten- tion of the Senate to the enclosed communication of the Secretary of the Navy, and the accompanying documents, by which it will appear that we have as few officers in the Navy as are compatible with the safety and efficiency of the service, and a much smaller number than would be required for an equal number of vessels in any other maritime service in the civilized world. · We are in a state of war, and have one steamer, one ship, two brigs, three schooners_. one receiving ship and one Navy yard; and yet for this entire arm of the public defence, there ' are but ninety appointments of every g-rade and description, including the midshipmen marine and medical officers-their names are now be- fore the Senate, only forty-three of them in nomination for commis- sions, the ballance of them, being non commissioned officers. If the Senat~ consider that number too great they have the power to refuse their confirmation, and with the co-operation of the other branch of legislature, to provide by law for their reduction to any rank and num- ber that may be deemed requisite for our service, and for the best inter- est of the country. . But if it be intended by the resolution, to demand of the President by what authority he made these appointments, I should be compelled to regard·it as the· expression of a doubt on the part of the Senate as to his right to make any naval appointments during the recess, and the question would at once arise, if the power to make such appointmente be not with him, in whom is it vested? the Constitution requires the President by and with the advice and consent of the Senate, to make all appoint::nents not otherwise provided for; and as the appointment of Naval officers has not been otherwise provided for, it seems to me very I obvious that appointments have been made by the united action of the Executive and the Senate the Executirn to nominate and the Senate to confirm. If this be true, it follows as a matter of course that when the Senate is not in session and cannot act, the appointing power is thrown temporarily upon the Executive, and must be exercised by him alone until the meeting of Congress, when the Senate can confirm or reject such appointments as were necessary to be made during the recess.-The Constitution also requires the president to fill all vacancies that occur during the recess of Congress. Upon the arrival of our newly pur- rhased vessels during the recess, I would respectfully ask if there were no vacancies to fill in their commands.? I will not reflect upon the intelligence of the honorable Senators by supposing the worcl vacancy can be applied by them only to such offices as have been once filled, and I that is does not equally apply to offices that have been created and not filled. The provisions of the Constitution seemed to me to be so plain and imperative, that I have strongly inclined to believe that the resolu- tion was not intended to convey a doubt of any want of authority on the part of the President to make such appointments; and that the information required by the Senate, relates rather to the expetliency of making so many appointments, than to the power of making any. Never- theless, if I am wrong in this conjecture, and the Senate notwithstand- ing these comtitutional provisions too positive and-palpable for me to
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