Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1826-05-30

viousy sent one Minister, j, shows nothing more
And in showing this as the opinion Of President
Jefferson, i, also shows the positive and unani-
nous decision of the Senate, that no such power
was within the constitutional competency of the
Executive, even in the case supposed What bear
ing, then, this case can have npon the present
question, own / cannot conceive.
This decision of the Senate to have settled
the question, tor a long time, at least, for TO no
other case oil ministers appointed during the recess
OF the Senate have been referred, until that of
Messeurs ADAMS, GALLATIN and BAYARD,
IN 1913, tweniy-four years after the commence
ment of this Gov eminent. These ministers were
then appointed by President Madison, 10 negotiate
treaties OF peace and of commerce with Great Bri-
tain, AMI treaty OF commerce with Russia ALSO
Now, sir, so Tar as this appointment relates to
Great Britain, believe / have already sho yn
while examining the of John Paul Jones, that
the President was authorized TO make it; because
fragrant war then existed between that power and
the United States, the object OF which war i, was
the duty of the President TO attain as speedily and
ehectually possible, by negotiating for peace,
to be subject, when made, to the consent and APP
probation of the Senate. And far as this ap-
pontisen related to Russia, it must be rccollec ed
by the Senate. tina, MIR. Adams one of TIN Minis
tiers then appointed, had been previously and re-
guiariy commissioned by and with the advice and
consent OF the Senate, Minister Plenipotentary
Y
clear constitutional competency of the President
to have instructed this minister TO negotiate rea-
~ OF commerce with Russia, if he had thought
proper TO so do, withou, consulting any other de-
pariment OF this Government, upon that subject
| so that the whole resolves itself at last into
| this question Was i; within the power of the
President, TO appoint two ministers, whom he had
the authority to send to Russia, for one purpose 10
cooperate while they at ST. Petersburg with a
third already previously and properly there, for the
! attainment VI another object the attainment OF
which object was within the clear constitutional
competency Of the President? Gen,lemen must be
more astu;e than believe man can he, if they can
make more OF this than what have stated:
and if not, they will find it difficult 10 bend it TO
| suit their purpose upon this occasion.
But suppose II was even stronger than
have shown II TO be it is solitary case, the like
of which had then for the first time occurred and
has never since appeared. 1t cannot, properly,
therefore, be a sufficient foundation for the vast
preroSave asserted by the President upon this &C.
casion. And here, MIR. President, it must not es-
cape observation, that when this case was subse-
quently submitted to the Senate, for It's appreciation
although II was such as have represented it TO be-
yet the Immediate predecessor of the Senator from
Massachusetts who has relied upon il as a
precedent, submitted string of resolutions TO the
Senate, the expressed objects OF which were, 10
deny the power of the President to make such al
such power, even in such case. These resolu-
lions, 1t is true, were postponed from time to time,
and do not appear ever TO have been acted upon
tentatively, IN the Senate ;bu they remain upon our
Journals as perpetual memorial 10 dsprove the
opinion of general acquiescence in practice well
known and long pursued, to support which opinion
and It's supposed consequences, this case has been
referred to.
Ihave now gone through all the cases administers
SAID 10 have been appointed by any President dur
Ing the recess of the Senate, to which we have
been referred. IN some of these cases | have
shown, that the facts had been miscorceived- in
others, that the power eXered, although under cir
cumstances very different from what now exist,
was met by decided negation OF its constitutional
exercise, even in such cases and that from none
can any principle be extracted justify the assump-
ton OF the authority now contended TO be within
the " constitutional competency of the Execu-
tive The remaining cases | shall speedily des-
patch.
The first OF these presents group, said 10 con-
sIst OF eighteen Consuls, who are supposed TO have
been appointed during the recess OF the Senate by
different Presidents, at different periods No names
have been stated. and, therefore, have not been
supplied with the necessary information TO enable
me TO trace these cases to their proper soirces-I
am strongly inclined to think, however, that sim
har mistake has very probably been committed as
TO the appointments OF these consuls, which have
shown 10 have occurred in the case of Messrs
Monroe and Pinkney The time of the appoint
ment has been enormously taken from the date Of
the Commission merely, and not from that of The
Senaie's act. But, be this as it nav they are all
cases OF mere Consuls-Olficers who draw not a
single cent from the Treasury, nor are authorized
to pledge or commit the u. S. in any way whatso-
ever. Officers of so little Importance that few
except the special friends OF the incumbents ever
know OF their actual existence even and therefore
Z fng TsrfNTNr
servaton.
The same remark will also apply to the last case
to which we have been REFERRED that of Mr. sunni
ter, who was appointed Secretary of Legation bv
President Jefferson, in 1901. To this will also
add, that from The beginning of this Government.
and even under the Old Confederation this place of
secretary to mission had always existed and been
annexed to every mission ever instituted as IN in
cident as necessary TO e legation as a cipher or
paper. The officer was not called at firsl Sec,e
tary OF Legation, but merely Secretary TO the
Minister, and was usually appointed by the minis
Ter himself, although know well in one case bs
was appointed Immediately by President WAsbins.
ton. when President Jefferson came into po,ver
regarding this appointment as one of more conse
quence than ii had ever before been consider ed he
look the power OF taking it into his own han Is and
appointed Mr.. Sump;er as the private Secreta,v of
the Minister to France, I" TO act as Secretary of
ieSauon Having thus made the appointment
during the recess Of the Senate he at the next ses
sion OF that body, submitted it of course to them
Tor Their advice and consent Ard thus it occurs.
that this mere appendage of The mission, came to
be consider ed as an Office at all
These, sir, all the cases which are supposed to
exist that have been said to bear any affinity
to that which Is NOW under consideration. In ex,,o
in,ng them have already shown, that not one JUS
ueS he assertion made, that the President I'm Time
OF peace, during The recess OF the Senate, can of
right make any original appointment whatsoever