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disregard, should believe that no such authority was vested in the-Presi- dent, and that these appointments are in derogation to the Constitution and the laws, then let it be so declared; but at the same time let it be understood as a guide for future action, what is the true and legitimate mode by which the officers of the navy are to be appointed. Until the question (now for the first .time agitated) be settled by some competent tribunal, the President will feel it incumbent upon himself to persue the practice heretofore adopted. I will not suppose that the Senate designed anything beyond what the resolution purports to be, (a call for information) ; but as it i~ possible that there may be those who would be disposed to view it in the light of a reflection upon the President, that he had in making these naval appointments, during the recess, either usurped a power that did not belong to l1im, or that he had been guilty of an abuse of a Constitu- tional prerogative, I beg leave in justice to myself and to the nation to cail the attention of the Senate to the circumstances under which these appointments were made-circumstances which it is believed were strong enough in their character to have justified the action ti£ the President, even in the ab_sence of all constitutional warrant. It will be remembered that our national legislature had previously made liberal arrangements for the purchase and support of a navy adequate to the protection of our maratime frontier. Verry soon after the adjournment of the last Congress we received a steamer and subsequently at different periods four other vessels and two more were daily expected. As thrse vessels arrived in our waters and were turned over to the Government. what disposition was it the duty of the Executive to make orthem? lVIust he place them in charge of competent and skillful officers in ac- c0rdance with the objects for which they were purchased? Or must he order them to be dismantled and anchored in the bay unprotected until the meeting of the Congress? Which of these two courses was it his duty to adopt? The latter is one which the manner of the resolu- tion might seem to indicate as Constitutional and proper; but had the President persued it and the vessels in consequence had been greatly d:i.ma;!:ed, or totally lost, or had the enemy's fleet appeared upon our coast and found our vessels in a ,-tate of dilapidation, unofficered and unprepared for service, what then ·would have been the resolution of the Senate in the place of the one now under consideration? What would have been the verdict of the whole nation on such a dereliction of duty? It would have been like that which I should have passed upon myself, of the most condemnatory character. Instead of this course, however, I preferred the opposite one, of providing each vesel with a competent number of efficient officers and· men,-a policy which was executed in strict accordance with the laws creating the navy and appropriating means for its maintenance; and for so doing I am asked by the honorable Senate by what authority I acted? In reply, that I acted from the necessity of the case, and secondly from a :rightful prerogative. That the Senate should differ with me upon the subject is a matter of deep regret, for it is always painful for the President to disagree in his constrution of the Constitution and the laws, with those for whom he entertains the highest sentiments of respect, and whose total exemption
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