Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1829-05-15

INSTANCE referred to, however, the present Exe-
rutiye is not alone to blame.
From the Baltimore Chronicle.
APPOINTING POWER.
II would seem from the fact that Mr.. Wood
bury had dec lined the mission TO Spain, that 1,
is in contemplation to rec3ll the present able
and efficient officer from that court, and APP
point another IN his stead. To such course
of procedure, we have an aversion arising from
two consideratons-the FIRST is, that II will be
muscles expense to the country OF upwards
of Sls,o 900; and the second, that we are far from
being satisfied that the President possesses the
constitutional power to make The recall and APP
poinfmsni in question.
We recollecr, that in the message of Mr.. A
dams, in which he submitted his acceptance OF
the invitation to send a mission to Panama, to
the United States Senate, he stated the invita-
ton had heeu accepted, aud that ministers would
De appointed-We recollect also, that nolwilh
standing he nomina'ed those ministers to the
Senate, that that body pounced upon the terms,
"minisers WiR be appointed" as an indication
on his part TO exercise an unconstitutional right
or in o.her words, to usarp power not delegal-
ed 10 him. Now, if such cause OF alarm exist
ed in the case in question, how much more
cumbent unceTemoniously creating vacancies in
che diplomatic corps, and filling them without
the advice aud consent Of the Senate-and this
too at most enormous expense 10 the country?
The appointment Of Mr.. Lane to England
was male under the same circumstances as the
contemplated one 10 Spain, and yet the Rich
mond Enquirer, forgetting its constitutional
scrupIes so sensitivey evinced in the case of the
hac rpH thaf an
cslleni appointment" Whether the term excel
lent is intended to alude TO the quail fcai'0ns of
the individual, or to the manner Of his appoint-
ment, we are AT loss TO determine. II 10 the
former, we agree with the Enquirer, that so far
rs talents and ability are eonce rned, the ap-
poin,ment is excellent, bu, here we must stop
for We protest in toto against the necessity Of il;
and maintain that no circumstances existed TO
Justify the recall Of Mr.. Barbour; especially
when that recall wasIat the expense of the ma
tional treasury, and constitution Of the country.
We have carefully looked through The con
stitution of the United States, and cannot
any thing therein, either express or inierential,
which invests the President with the power
now exercised by him. When we say This, we
have an equal regard 10 the letter and spirit of
that instrument.
The Cd clause Of the Cd sec. Of Art. I'd says:
"He shall have power, by and tciih the adUies
and consent ofthe Senate, to make treaties: pro-
vided two thirds Of he Senators present con-
cur: and he shall nominate, and by and ,ciih the
consent and advice Of the Ssnats, shall appoint
ambassadors, other public ministers, and con-
suls, Judges of the Supreme Court, and all 9th
er officers Of the United States, whose appoint.
meu,s are not herein otherwise provided for,
and which shall be established by law. But
the Congress may by fsw, vest the appoint
ment Of such inferior officers as they think pro-
per, in the President alone, in The courts Of law,
or in the heads of Departments"
The Sd clause of the Cd sec Of art. Cd, says:
1.-THE President shall haus po,oey TO fG mp all
uacaneics that may happen during the recess Of
the Senate, by granting commissions, which
expire at the end Of their next session."
These are the only provisions in the cons,i>
tuition, which delegate to the President any
power in relation to. The appointment of minis
,ers; from which il is clearly deducible, that 10
the appointment of Mr.. M'Lape he has acted
without authority, and that the Senate Of the
United States, without conniving at the viola.
ton Of the constitution, cannot confirm it-so
tina, this FIRST wrong step must lead TO others:
Should the appointment not be confirmed, (and
il cannot be without acknowledging the dic'um
of the President superior 10 the constitution
the nation will have to incur the expense of an
other outfit. In saying what We do, we are gov
erned by The broad principles OF the cons'i'u-
ton, aud leave persons entirely out OF the ques-
ton. Messrs. Barbour and M'Lane in the dis
cussion of so grave matter as this, should not
be permitted, in the least, to influence the de-
cision Of the public mind. The question is, has
General Jackson the power to recall and APP
.,rss IN sn fba ftH.,
We answer that he has not; and are prepared
to maintain our position. WHAT ATE the pow
ers delegated 10 him by the constitution? They
are simply these; ne has "the power 6y and ,cith
the advics and consent Of tie Senate to appoint am
bassadors Other pubhe ministers and eonsuls, &c.
land, "fo 6R up vaeaneiss that may happen in the
recess ofthe Senate"
In neither Of which, it will be perceived, has
the right of creating uaeansiss been delegated to
him, and indeed i, was but proper that 50 inn