Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-05-26

PhoHou tDdt WHICH Is observed ana understood,
to contend, that because the fact OF pow exerted
has been understood, and acqaiesced in tina, there
tore all the indireciions which even fair analogy
may deduce from this fact, also approved,
would be as absurd as TO contend that all had APP
proved of the Newtonian theory who had ever
seen a pear fall. All men'were capable OF noticing
and understanding this fact, and most men " ould
see the first and obvious consequences resul.'sg
from 1t; yet none but Newton could have traced
their analogies. and BY the aid OF induction have
inferred from thence the Law of the Universe
80, too, when a fact OF power exerted is shew TO
nave occurred, under circumstances inviting gen
erai observation, and permitting general knowledge
OF ITS existence, If it had been acquiesc in quietly
II may be lair TO argue that the power exerted in
that particular case, has been tacily approved;
and so to conclude that the same power may be
properly again exerted in the same mode and uu-
der the same circumstances But the inference must
go no further, because nothing hey ond this can be
hen Known Is then generally understood, or can be
iaify supposed TO be approved.
Whosoevcr then seeks 10 derive power from or
10 sustain II by precedent merely, must show
precedent agreeing not in some, but in all essen als
with the before him. There must be no
distractions in the argument, Principles must not
be inferred from one case, by the process Of in
duc'ion, and enlarged and extended by the process
oil analogy 10 other cases of like kind from
whence again new principles are TO he deduced
and these again enlarged by new anaogies. This
may be permitted In physics, because there expert
ment may be perpetually resorled TO, in order TO
test the truth OF the reasoning. But il must not be
endured in the politics of free country. where a
written Constitution exists, the sole object of
which is TO prevent such experiments from being
made.
| deny, then, the fairness of that reasoning.
which seeks TO derive from the fact of the appoint
ment OF consul the RICH, to appoin, a minister
from the TACT OF appointing minister 10 ancient
nation the RICH. OF appointing one to new and
unrecognized Sovereignty-o or more than one to a
Congress OF unknown powers-and from the fact
Oh appointing minister In time OF aagrant war to
negotiate peace, the right to appoint Envoys in
peace 20 negotiate about any thing. If we must
| be governed by precedents, let the presidents be
directly In point, and II such cannot be Produced
the want OF Precedenis, in cases which must fire.
qnentiy have occurred, is the strongest argument
10 show that there was no power TO make Them
and II such case has never before existed then
no precedent can, oil course, directly apply.
Having thus shown, Mr. President, that no pre-
ceuents ought TO receive the slightest respect,
which are opposed by the principles of our Govern
inent, or the precepts of its Constitutions and that
even IN cases OF doubtful grant OF power, none
are entitled reconsideration, bu such as are direct
! ly IN point before proceed 10 examine the va
rlous examples to which have been referred,
let me inst show, what are the principle, of our
Government, and the positive precep,s of It's Con
siitution, which regard as being opposed to the
doctrine now advanced
ihs, sir, is Republican Government, the form
OF whch was dictated by suspicion, and guarded
by Jealousy, especially Of Executive power 10
such aGovernment, it is obvious, no more powe.
would be granted than what was believed 10 be ne
cessary TO obtain the objects which its authors the
people, had Ia view; andti the powers necessa-
~ 10 MS end, would be checked and balanced by
distributing them between different deDartments
each independent OF the other, md placed as a sen.
.inei over It's acts: That concurrence of opinion
between different departments ould be requisite in
ali matters involving great interests and that the
nigh des'inies OF the people, woud never be com.
tted TO the unresirained discretion of any single
man. These principles dictated by the spirit
oil all our institutions, and exhibited in every part
OF our Constitution itself Such principles, how
ever, cannot be reconciled with this enormous pre-
rosaive claimed for the President, although lis ex
eFcIse be limited Only the period of the recess nj
the oenaie FOR 1t must not escape notice that
according 10 this new doctrine the President is no,
competed to act while the Senate is in session.
Dut may ioTbear TO do so until the recess withou,
the least disagreement OF his asserted power The
ONCE OF ioregn minister, according TO this areu
nent, Is one created by the public law, is recoeni-
zsd merely by the Constitution, as an Office of no.
ential existence, 10 be filled only when an exieen
| 10
oil the occurrence OF such exigency the President
is supposed to be the sole judge. So that if The
Executive VIII but suspend the declaration of il.
Judgment, until Congress adiOurns, Immediately
thereuPon he may pronounce a vacancy TO have
happened in any Office appertaining to our FOREIGN
Intercourse, and proceed tt fill up the vacancy so
produced, as one occurring during the recess of the
Senate. All original appointments belonging to
our foreign relations, thus placed within The alb
solute power OF the President, by this argument.
And as no one has or deny TO him The ripht Of
Milling up vacancies actually happening in such of
fees during the recess of the Senate, after ,bev
have been once filled, the whole power over the
foreign relations Of the United States, is thus vrt
ally transferred TO the Executive, without check
or limitations. A prerogative so vast and naenifi-
cent, which would endov the Chief Magistrate of
free people with penary regal power. j, moi in
accordance with the jealous spirit of our RcpubIcan
Institutions.
IL IL, moreover, sir, directly contrary to the
written and expressed pieceps OF the Constitution
10 secure the liberties of the People the Consti-
tuition created three coordinate departments of
Government, the Legislative, Executive, and Judi
ciary, each independent Of The other and il dis
tributed between them all The powers it meant 10
convey Beginning with the legislative depart-
meni, 1t provides, in the first section of the frs,
article that all the Legislative power therein
should be vested in Congress to consist of two In
dies, tue House of Representatives & Senate Pur-
suing this division, IT proceeds in the three first
paragraphs ollhe second section Of this article to
prescribe the maHner in which the House OF Repte-
seniatves shall be chosen. AID having thus pro
vided full and complete House, il then proceeds.
IN the fourth paragraph, to declare the mode In
which Uacdncics happening therein shall be filled
viz when vacancies happen in The represen-
aton from any state, the Executive authority there
OF shall issue writs Of election to fill such vacan
cies