Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-05-30
lnGins The recess of the Senate after they had been

Wy opinion has ever been, mir. President, that,
IS me Constitution has expressly declared g the
- power shall be vested in President -
ms power OF appointment TO office, would have
necessarily belonged to him. as an incident of the
general Executive authority with which he was
s c'oued, but Tor the other provision TO which
nave aieady rfierTed, BY which the advice and
'o"9eht oil the Senate j. made necessary to give
nee 20 inns power. Thinking thus, l have ever
regarded this clause which authorizes the Presi-
ueH' 10 nominate, and, by and with the advice and
eonsen' oil the Senate, 10 appoint TO Office, not as
q uoh'uoE, but as limitation of the power of the
.u''Ve- bnt Tor this clause the whole power
wa" nave oeen his; and this well during the
session as during the recess of the Senate That
lJeIi'rsy ana dread OF Executive power however,
Wnich Is manifested in so many other parts of this
sIu'neh'' induced the trainers of the Constitution
70 vhec4 and limit 1t, By requiring the concurrence
~ ."e senate IN ITS exercise ia all cases Fore
's' men, that even after appointments had been
0-s'."hy made, IN the mode prescribed, that va
80 "ieht nevertheless in the Offices
80" ""o oeen SO supplied. and that the vacan-
G'es niiSh happen during the recess of the Senate
Inc trainers oil the Constitution made an execution
~ we general rule they had previously declared;
anu oy the clause before referred to- gave to the
resident the power to fill up all sUch vacancies
!" uo'ns 'his, they merely gave to him a power
,ih'''r 10 mat which they had before given TO the
executive OF each of the States in relation to the
p. e.
Inc construction now commended for however
would make The exception even larger than the
uIe Itself; and not only so, but, by the force Of
me proVlso, would render nugatory the rule, TO
when II is an exception merely, and which rule
n"s in'ehded 10 limit and restrain power OF the
A'esi"ent, that without il would be unoqahfied
II, sir, have been successful in the a,,.mrt
nave thus made TO show, that the power claim ed for
the PRESIDENT upon this occasion, is opposel TO the
principles OF our Institutions s forbidden by the pre
cepts & limitations OF the Constitution. il ,yopId M,
DE necessary, probablyo notice the cases in " hjcb
Su'h una"iho!!Zed pow or is supposed to lave been
e&erled But, sir, the and fame of The wise
and good men, under whose administration those
supposed acts oil awless usurpation are said to have
occurred, l. dear to this people Their well earn
ell reputation Is public property Of ,seat and ines
unable value, and of no one particle of which an,
VIII hS 10 be deprived, until the right 10 com
nit the waste is clearly made out ask vour in
duieence and that Of the Senates' a while lonoer
therefore, while shall endeavour to proye Tbat
neither Washington, nor Jefferson, nor Madison
nave ever claimed used any such bower az tba,
which The existing President asserts TO be within
MS " constitutional competency and which the
cases referred 20 are supposed 10 sanction
The hrst OF these cases is that of John PauI
Jones' who, according to the document read bv
the Senator from Massachusetts, was appointed by
president Washing on, in May, 1892, during the
Tece7s on the Senate, minister to Alsiers TO
negotiate Treaty of peace and of commerce with
| that power. ~
| Inns Is the FIST case which industry has been
enabled to discover, of any supposed criminal an,
poinment made by The President, without The adj
wee OF the Senate. And as it seems in some of It's
FEATURES 10 bear resemblance to other cases which
afterwards appear, shall examine il with more
mlnueness than think it is entitled to. in order 70
relieve myself from the necessity of again touchiDr
/ the same topic
/ he Grst rar,orl- T
occurred IN May, 1892, more than three wears
aiie TINS Constitution had been in full onera
u'h' Now 1t the IDEAS which Senators have an
honnced during this debate be correct the rnurnent
this constitution went into operation on The A,h
| March, l7S9, 1t called into potential existence
every ONCE which Is therein recognized The very
creation OF this new Government, terminated the
official existence of every foreign Diplomatic f,nc-
tIonary OF the United States; and so rroduce1 the
necessity OF re establishing all the foreipn cla,ions
which !, had been desirable 10 create ri ,,Lol
leid oil vacant Offices thus thrown omen 10
President Washington; and policy, which in
many instances must have been dictated Inv al.ros,
necessity, required OF him 10 fill up these potsntial
vacancies But yet this great and good man. al
/ though placed IN such circumstances never ven
tuTed to make single original appointment of any
KIND, without the advice and consent of the Senate
Here then Is not one, but body OF preced.nts
occurring continuously, throughout more than
/ CN"9 Va "i"S, UuIHS almost every hour of " hicb
occasion not only existed, but invited IN exercse
the power which is now asserted and in No 80
/ instance was II claimed or used. This sir il mn,
/ only strong proof, that both Washington and tho
wise counscilOrs by whom he was then surrounded
believed that the power claimed had no, beeo
granted; bat ought TO have induced those who reI
upon THIS case OF Commodore Jones, to have ex
amined 1t more auentyely, before they brourb, if
here az evidence TO show the change in such an
F., opinion
I The next remark ! shall make upon it is tba,
l even according TO the representation given Of il
( IL was The case OF an agent to q Barbarian neo
Pe' VINO were not then, and have never since been
recognized, a. forming any component part of the
family OF civilized nations. Let me not he ,old
that the constitutional power OF the President is t
same, whether eXered In reference 10 a savare ar
a civilized nation. We all know that this IL M,
/ So NO appointment Of minister, who has eve,
been employed to negotiate for peace or for any
thing else, with any Indian tribe, whether dwelling
within or without our territory, whei her Osa,c ~
| Seminole, has ever been laid before the Senate TO-
Their consent They are all considered a. aeen,s ~
the President, and not public ministers of lie oso
pie; and all our intercourse with Barbarians tn,s
/ OF necessity, present anomalies, from which no
principles can be inferred will not 20 into rea-
soning o show why this must and ought TO Inc -
although it woald be easy to show it, ImereIv s,,,e
the fact, which Is conclusive to prove that the Gao
OF mission 10 Algiers or 10 the Chocta,.e car
never be precedent TO justify mission 10 p
mama.
The next remark shall make upon this case IL
that when it occurred, fiagrant war existed l,e,
Agiers and The United STATES; and war All tn,,,
jusfes, by the very necessities il creates, the OK
erion OF powers that ought not 10 be endnred i, /
peace. lie VINO would infer The principles of peace,