Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1813-12-02
OBSERVATIONS
On No. III, ofAArs Ghes's ADDRESS.
TBg Correspondent

Il
upon the unairness of his conduct in undertaking to
g1reeune, for the president. the grounds upon which
theexecuve acted It's undoubtedly allowable for him.
when writing III his own vindicatoD to assume for him.
self what latitude of legal or moral motive he may
think proper but where there is evidence that the
President took any particular clause of the constitution
or provision of law authority for what he did, then
there is manifest improperly in Mr. CHESS saying
that such clause provision the authority by
which the President guided If an argument may
DC managed IN that way II writer not only devise
his own reasoning, but invent the essential part of that
which is 10 be opposed him, it would, indeed, be
marvellous he did not batter down every thing before
him, and secure complete triumph And yet it is
thus that the able Senator whose third labor is be-
fore me, has dealt with Mr.. Madison who he pre-
su'nes in granting commissions to Messrs. Galatin
Adams and Bayard took that step in virtue of the fol-
lowing clause of the I'd section of the second article of
the Constitution ofhe United States:
:" The President shall have power to fill up all va
cancics that may happen during the recess of the Sc
nate, BY granting commissions which shall expire
:" the ehd of their next session.
And uponthis constitutional provision, with great ap
parent difdence, he suggests doubt, whe her the
President authorised grant commissions fill of
hces. de moro which had not been before hlled Now,
IT believe Mr. Giles serious in his suggestion that this
clause the ground of Presidential procedure the
case in question: what think of his understand
ings And if he is serious, what be said for his
sincei1ys We have heretofore seen him, with hypo>
critical acumcn, disSecting words but here find
him laundering about meaning from the plaines
phraseology. How 90 vacancy hafte,i," except
with regard to Office already filled? And who, be-
Sues NTeS, viii doubt that the provision CT the
sstution whchis quoted refers exclusively offices pre-
vionSly occupied! 1t have been the second para
graph of the second of the second article of that
instrument clearly underwhich the Executive took
the of issuing missions Messrs. Gallatin
Adams, and Bayard for in that paragraph his power
to do so IS indsputably manifest. II says;
lie shall nominate, and by and with the advice and
" consent of the Senate, shall appoint ambassadors,
Is other hibic minister's, and consuls' &c. sc.
Will it be contendeG thar the word "n2Rsi7atc" re-
1stes entirely nomination made tue Senate, and
"A
OF ambassador minister, until such nomination has ta
ken place? answer to this cvil, that LAWS
sary to create the office Of ambassador, minister;
that Offices OF that description considered always
existing and that iii for The Presi alone deter
mne zvhen they shall be filed AS he IS the sole Judge
of the time when Ambassador is necessary, and
that time is indicated BY the eNgen cy of public
atfars, lie is necessarily controlled ard compelled
act, by such cx6ency. IT, tor example, Great Britain
had hotiEtd u.s. that she had appointed certain minis
tiers 20 meet ministers part at any certain place
TO adjust terms OF peace, and the Senate did not happen
at the time 20 be IN session, il will hardly be insisted
that the business onght have been postponed iii
the Senate could be convened by SPECIAL notice,
should meet agr2eably to law. Ambassadors, and o.
ther pubic ministers, are in special manner, the
ny essence Of executive authoriy,i intercourse with
foreign powers. They are agents not designated IN
any country by statue aw but the creatures OF
the law Of nations. Wherever in any nation, the chief
Executive authority is placed there. altogether, exists
the power TO institute embassies missions, &C. you viii
where nd constitution, provision for creating
ambassadorial foreign ministerial Offices. The very
being Of such Offices, exists entirely in the will of the
President lie may cause them to be filed at any mos
he may also vaCate them whenever he chooses.
When in the ofthe Senate, the national exgcn-
GIGS render minister indispensable, in he opinion
of the Executive mission issues n Course, until the
Senate During its session, the President accord
ing to the iuu'c of the constitution, nomnate, and
the Senate asSents rejects If the Senate REJECTS
the Executive may nominate another person the
post This course of proceeding has Instances,
been pursued, IN relation TO coCsuls wiore included
in the clause OF the constitution which relates
the appointment Of ambassadors, and must therefore
follow the same rule 1t never, believe formally
objected in the OF consus by tie Senate The
nomination Of Mr. Short, who unanimously rejected
was not negaived because he commissioned before
he nominated to tie Senate but, have under
stood from good source, account OF personal
objections, In truth, il the President could not oTih
commission, at the instant he decided the public
minister to be necessary, he would On some occasions
inevitably lose all the advantages to be derived from
ohoTtunty It is evident me, that II is the bust
ness Of the Senate decide upon the policy nI oil
cy Of appointing ambassadors and other 1blc minis
tiers: Their duty, Iapprehend, consists in preventing
improper individuals frUm occupying those osts
The Senafc," Mi Giles states his no II, ise
hassiUe frepentiUe hOTVer" But how preventive !?
Whv by rejecting the men nominated by the President
If that body exercise negative upon al mis8iosS
at their first institution well upon the individuals
designated to personify nem then, is manifest, tic
Executive is thrown out OF his peculiar constitutional
Inc, as the political guide OF the United states with
respect to other Countries. lie would no longer be-
what Mr. Giles allows him to be, " the ackUe original
irg ho7cr Hence, hold the resolution of tie Senate
In tho case Of MIR. Russell declaring " ne%Ecdent
20 send a minister pleripotentafy 70 Sweden, 10 be
species ousurpaon Of the executive function. Il may
beaskcd where, in that case the check upon the Pre-
sidentl answer in tie power of withholding money
which Congress possesses. Withhold his pay, aud the
minister is deunct The check growing out Of the pre-
ventiye power of the Senate, also formidable itob-
sructs by refusing approve persons nominated But
in no instance the senate, conceive, coHstu
tionaly discuss and determine, in form, concerning
bassies or missions. The same paragraph Of the
sl.a 1fsga 4t1 rpn 60 lsr