Page:A Compilation of the Messages and Papers of the Confederacy, Including the Diplomatic Correspondence, 1861-1865, Volume I.djvu/420

390 Executive is without the right to make a nomination to a military grade, coupled with rank from a date prior to a former session of the Senate, it is not deemed proper to anticipate any future disagreement with the Senate by presenting the reasons for the opposite conclusion as being the only one consistent with the laws for the regulation of the Army, as well as with long-settled usage and the necessities of the service. When the occasion shall arise I cannot doubt that the Senate will, notwithstanding this resolution, refuse to abandon its own constitutional power to act on nominations at its pleasure, according to the merits of each case and the good of the service. I am confirmed in this conclusion by observing that the resolution was passed without a call for the yeas and nays, and therefore with probably less than the usual consideration, as well as by the further reflection that as Executive nominations which meet the disapproval of the Senate on any ground are always subject to rejection without assignment of reasons, experience will show that no advantage can arise from the Senate's curtailing its own discretion in future cases by binding its own judgment in advance.

 Jan. 15, 1864. Hon. E. S. Dargan, M. C. from Alabama. Sir: In further response to your letter to the President of the 22d ult., and by his direction, I have the honor to inclose to you the reports of the Secretary of the Navy and of the Secretary of War upon the subject to which it relates. Very respectfully, Yr. obt. Sert. Private Secretary.

 Jan. 18, 1864. To the House of Representatives.

In response to your resolution of the 30th ultimo, I herewith transmit for your information a communication from the Secretary of War, covering copies of regulations and orders relative to the payment of assessments of damages made by commanding 