Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1813-11-18
For the Virginia .5rgus.
TO THE PEOPLE OF VIRGINIA.
No. III.

Senate:
:" To the Senate efthe United States
onnssions having been granted during the recess of
1stothe following persons, now nominate them
lie offices respectively annexed their (:
ALBERT John Quincy Adams, and James A. Bayard,
20 be Jointly and severaIy enjoys extraordinary and
with Great Britain, under Interpretation of the Emperor OF
sssia to neg0 .s siSntses,y of commerce with
sfaS ' sad ts es eF jointly S' a"d assi
iy envo's exte ~ and minister's PenipotentaTy, to
negotiate and ST 2easy of conmerce with Russia
y ".wasGington, May 2o,h, 1872 -.
q the Sd of June following the Senate passed the
fooving resolution in relation 10 the Aieysage:
Pessiued That the President of the United States be
requested inform the Senate whether Albert Galan
commissioned one the envoys 10 treat Of peace and
with Great Britain and of commerce with Russia
the Office of Secretary of the Department the Frea
sury; AMI in of his retaining the TO inform
and duties of the head of the Treasury Department dis
charged during tile absence of Albeit Gaaiin from the
United States"
On the 9TH of June the President caused the follow
ing reply to be laid before the Senate:
Sc Tcathe Senate of the United Sia:es.
compliance with their resolution of the Sd inst the
Senate Informed, that the office the Secretary of tie
Treasury not vacated; and that in the absence of Albert
Gaatiu, commissioned of the ENJOYS with
Great Britain and Russia, the duties of that Office dis
charged by William Jones, Secretary of the Navy authoris
gress entitled " An making alterations in the Treasury
and War departments" passed May 9Th, 1872
T" JAMES MADISON.
In this stage of the business first became my duty
to deliberate, and to act. upon the subject. The Pres
sient his message ct the 29th May by in
forming the Senate, that during its commissions
had been granted Messrs, Gala.n, Adams, aud Bay
ard To be ENJOYS extraordinary and ministers penipo-
Tertiary, &c. &c This measure is presumed to Le
founded upon the powers granted the Executive and
contained in tho following clause of the ID section of
the Cd article of the Constitution Of the q. s.
"The President shalhsve Po~er to v up Gf Vacancics
hatnag happen daring RE Of the Senate by granting
commissions 'vhieh sh! expire at the end Of their
sion"
Whether the President was authorised to grant rom
missions 10 tcfces, de noVo, zvhic had been, be-
fore filled, under the power TO till m alt Dacancies
thar may haaen during the recess Of the Senate, is
question not without its difficulties and upon which
have not made up final opinien. Nay disposition
strongly is give the words of the Constitution the
most liberal construction in favor of the right of the
Executive exercise the powcr--but whether it can
be done consisSeuy with the meaning or spirit Of
the words just quoted have the serious doubts
and these doubts are materially encrease by advert
ing TO another clause of the Constitutions which evil
IDENTITY intended to grant the general power of appoints
ent, which the clause just mentioned seems rather
an exception than an original grant of power The
clause alluded is in the article and section and
in the following words
Ito wit, the PRESIDENCY shall have power by and with
the advice and the Senate TO aake treaties pro-
Eded two thirds of the Senator's present and he
shall nominate, and by and with the advice and Of
she Senate, shall appoint ambassadors other public minis
ters and consus judges Of the supreme COURT and all
ther officers of the United States, whose appointments are
otherwise provided for, and which shall be establish
merit of such inferior officers they think proper the
President alone, the of law the heads OF de-
partments" (fhen follows the clause in question.)
But it is my intention, this time, to enter into
the examination OF this question. II is doubtless an
important one and ought be settled by solemn de-
cision but my object in presenting this subject you
at this time is merely to give you full view of all the
transactions Connected with it and particularly
TO remind you, that whatever commissions have
been granted to Messrs. Gaatin, Adams and Bayard
during the Of the Senate, necessarily have
expired at the end OF its last session, and of course
new commission after that period ndspensably
cessary give constitutional sanction all or any of
their acts done thereafter; and that e. Britain had
not in all probability commissioned any ENJOYS previous
10 that period, the commissions 70 be granted under
the appreciation OF the Senate ght be considered
the only commissions, under which the ENJOYS could
act the former having expired according 70 the prov
sion OF the Constitution and consequently withholding
commission from one of the ENJOYS would have less
influence upon the proceeding than if they had really
been engaged in the full exercise Of their diplomatic
functions. Another circumstance of very material con
sideration, IN nay judgment, is connected with the
stitutional limitation of the first commissions granted TO
ENJOYS, &c. II is the umesUf their leaving the H. S.
This took place, will appear by the public prints,
than twelve fourteen days previous to the
meeting OF the Senate Wien, it appears me, there
could not exist any reasons sufficient 20 Justify this
movement at that particular moment and Of course
it must be considered as premature and precpitate-
But many aud very cogent existed why Il ought
so have been longer delayed. The principal reasons
are that government that time had received no
that g. Britain would accept the overture
all, in which their leaving the o. ;. at any
time would be work Of supererIogatiou and cousde-
rabe eXpence6 and strong reasons existed it is be,
levod toind an opinion that she had no intention to
accept it. Ihe one was, the astonishing successes OF
her allies Gu the continent Of Europe, preceding and
about that timeAuother was, that minister of to-.
reign affairs, Lord Castereagh, as am informed and
believe, was officially appTised of the overture the
part OF Russia, early the month of February pre-
ceiling and probably In the early part of the month