Winchester gazette. [volume] (Winchester, Va.) 18??-1826, 1813-12-11


the absence OF Albert Gallatip, com
missioned as one Of the ENJOYS to treat
with 6. Britain and Russia, the duties
of that Office are discharsedky William
Jones Secretary of the Navy, authorised
therefore aceordingto the provisions of
the act sf Congress, entitled g An act
making alterations in the Treasuryaad
War Departments" passed May sth,
t192.
JAMES MADISON.
6 Washington, Juuc Sd, 1882
In this stage of the business it frst
beca me my daty TO deliberate, and to
act, upon the subject. The President
eomnences his message sf the 2Gth
May by informing the Senate, that
during ITS recess commissions had been
granted TO Messrs GaiIatin, Adams and
bayard, TO be ENJOYS extraordinary and
ministers pleaipotcntiary, sc. &c.
This measure is presumed TO be found
ed upon the powers granted 10 the Exc
cotise, ard contained IN .he following
clause Of the I'd section or tae sd erti-
eic Of tie CONSTITUTE on Of the United
States.
- The President shall have power to
~ up at c9cancies that mag happen
Gurixr the recess Of the Senate, 6y
grating commissions aohieh skau e.c-
piYe II ths end Of their nert ses-
Si0a''
Whether the President was autlioris-
ed TO grant commissions to fill Offices,
/ de aoro, lchich had not been before Tiled
under the power to fu up aU racanies
that may happen during the recess Of
ths Senate, is question rot without
ITS difficulties aud upsn which / have
Not made up Gnaiupiaion. My dis
position strcngI is, 10 give the words
| OF the Constitution the most liberal
construction in favor of The right of
the Executive 10 exercise the power
| hut Whistler IL can be done cen sistent-
| iy with the real meaning or spirit Of
the words just quoted, have the most
serious doubts aud these doubts arc
materially encreased by adyerting IL
| another clause cf the Constitution,
| which evidently in.en,led 10 grant The
! general power Of appointment, ia
which the clause jast ment;oaed seems
rather an eAcegtlei shan SIS original
grant OF power. The clause alluded to
| is III the same article and section, aad
ia the following words.
Z" He TO wit, the Presi,lenD shall
have power, by and with tie advice
add consent OF the Senate, to make
! treaties, provided two thirds of the Sc
| matters present concur, and he shall no-
| n.iuate and by and with The advice and
esnsent Of the Sesate, shall appoint
ambassadors, other public ministers,
and eonssls, judges of the supreme
court, aad Ill other officers Of the u.
States, whose appointments are not
! otherwise provided for, and which
shall he established by law. But Inc
Congress may, By law, vest the ap-
pointment of sueh inferior siiices as
they think proper, in the President
alone, in the courts of law, or in the
heads OF departments" Their follows
the CLAUSE in ouestion:)
| But tits not my intention, at this
time. to enter into the examination OF
this question. 1t is doubtless an ilapor-
tant one, and ought TO be settled sy E
solemn decision but my offset Ia pre-
sentiRg this subject 10 you at this time
Is merely to give you full Visw OF al!
ihe transactions connected with it and
more particularly TO remind you, that
whatever commissions may have been
| granted TO Msssrs. Galiatiu, Adams, g.
Bayard, during tho recess Of the Sen
ate, must necessarily have expired at
the eud Of its last session, &ad. OF
course, n Eew commission after that
perisd was iudispsnsnbly necessary TO
| give Il constitutional sanction To all or
any OF their acts done thereafter and
that as q. Britain had not III all pro-
liability commissioned any ENJOYS pre-
yious to that period, tho Commissions
to be granted under the appreciation OF
she ssaatc might ss considered as the
only commissions, under which the Ell.
Voys could act the former having ex.
Pired according TO the provision Of the
Constitution aud consequently with
| holding commission from one Of tbs
ENJOYS would have less influence upau
the proceeding thau if they had really
bsen esgaged IN the full exercise d
their diplomatic fun2tio5s. Anot'ci
circumstance az very material conSido
ration, III ny judgment, is csrueetej
with The constitutional limitation o. ths
first commissions grantsd TO euYsys
Gso. I is the time Of their leaving IN,
u. States. This took place, as vii
| appear by the public prints, not more
than twelve or fourteen days previOUl
i