Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1829-05-25
political ITEMS.
From me baltimore Chronicle.
APPOINTING POWER.

70 w contemplation 10 iftAl ine pfesenf abie
aud eliioien, officer from that court. and APP
pom, another in his stead. To such a course
ofproeedure. we have an aversion arising from
two considerations---'he first Is. that Il will be
an useless expense to the country of upwards of
$4,000; aud the second that we nre far from
being satisfied that the President possesses The
constitutional power TO make the recall aud ap-
poinineni in question.
We recoleos. that in the ninssaee Of Mr.. Ad
ans, IN which he submitted IN acceptance of
tina invitation 10 send n mission "a =sHana, 10
the United States Senate, he stated tH, invita-.
ton had been accepted, and ihat ministers
would be appointed---We recolleoi also. thai
Notwithstanding he nominated those ministers
10 the Senate, that tina, body ppunced upon IN.
terms " ministers uil be appointed" a. an in
dienton on hit part 20 exercise an unconstitu.
iionai right or in other words 10 agurp pow.
81 moi delegated 10 hun. Now, it such cause
OF alarm existed in the case IN question, how
much more cause is there nov, when we fluid
the present incumbent aneeTcmon.ously crtu.
ting vacancies IN the diplomatic corps aud fill.
ing .Nsm without the advice and eonsrnt of the
5enate--aud this too ut n most enormous e.
pense TO the country The appointment OF
Mr. MeIane To Englau was made under the
same eitcuunsiane.s as the contemplated one
20 Spain, md yet the Richmond Rnquirer for
getting its constitutional ,o,upies n sen'veiy ..
vlnced in the case OF the panalua question, has
pronounced thai an erceIeM appointment"
Whether the term excellent is Intended 10 al.
ude TO the qualification, of the individual, or to
the manner OF his appointment, we are at n loss
10 determine II Go the former, We agree with
the Enquirer, that so lar hs talents and ability
are concerned the appointment is excellent,
but here we must siop--for we protest In toto
against the necessity Of II and MAINTAIN that
no circums tances existed 10 justify the recall OF
Mr.. Barbour especially when that recall was
at the expense OF the national treasury, and
constitution of country.
We have carefully locked through the con.
stituion of the United States, aud cannot sae
any thing therein, either Impressed or inieren.
| tial which invests the Pnesidtn, with the pow
| or now exercised hinB When we say tins.
we have an equal rcgardfo the letter aud spirit
Of that instrument.
The ood clause of the End sec, If Art end
says
He shall have power, by and NTH The ad.
! vice and consent Of The Senate, TO make treaties
provided two thirds of the Senators present
concur: aud he shall nominate, aud Jy aud
Wiih The consent and adj ice ofhe Senate, shall
appoint ambassadors, other public ministers.
aud conSuls Judges of thc Supreme Court, and
all other officers of Tho United States, whose
| appt inimenfs are not herein otherwise PROV
| ded for, and which shnl be- established bv law
But the Congress may by law, vest the appoint
ment of such inferior officers MS they may think
proper, in the Presiden, alone, in the courts Of
law or IN the heads Of Departments.
The 3rd clause of the 2nd sec. OF Art. end,
Ssys:
The President shall have power 10 FIJI mp
oil vacancies thai may happen during the ie-
| cess nj the Hpnufp nv ~ IN
| which expire al the end of heir next sesson."
These are the Only provisions in the consii.
tuition, which delegate 70 the President my
power in relation to the appointment Of minis
| terra, from which It ia fairy deduclble, that in
thu appointment Of Mr.. McIane he has acted
without authority, and that the Senate Of the
United States, without conniVing nj the viola
| ion OF the constitution, cannot confirm it--so
that this first wrong step must lead 10 others /;
| Should the appointment not be- confirmed, (and
| II cansot be without acknowiedg ing The diotnm
| Of the President superior TO the constitution, J
the nation will have 10 incur the expense Of an
other outfit, In saying what we do, we are go
| verned by the broad prime pies of The constitu
ton. and leave persons entirely out Of the ques-
ton. Messrs Barbour and McLnne in the dis
cussion Of SO grave a matter this, should not
be permitted. in the lensi, TO influence the de-
csion of The public mind The question is, has
Gen. Jackson the power 10 recall aud appoint
| ministers during the recess Of tho SENATE 7
We answer that he has mol aud are prepared
TO maintain bur position Whit are the pow.
ers delegated 10 him by the constitution
They are simply these he has the power by
and Nth the consent aud nduice Of The Senate 10
appoint ambassadors. other public ministers and
cons,iis," re and, "to FL up Uaeanoies that
nGy happen IN The recess ofhe Sendfe."
In neither of which il will be perceived, has
the right OF creating pncdncits been delegated
to him aud indeed il was but proper that SO
important an one should have been withheld,
as an inudcious exercise Of such power
might lead 10 numerous evils. For instance, a
President, 10 crafty private hate" reward
his friends and punish bis enemies" might, at
the sacrifice If the public interest and at the
expense Of the nat onal treasury, change near
ly the whole of our foreign ministers And If
this principle he once sanctioned, IT would IN
4 cvitably open he door 20 ihe gTosspsi abuses.
We are willing, al all times, 20 give free CON
struction to the Constitution. Ne know That
there are some powers not granted. that are
incidental 10 those that are so granted aud we
are always willing 10 admit them with libe-
raj hand: But in our view Of the present case,
there il no possible process by which such a
distortion Of the true meaning Of tho hefore re-
cited clauses OF the Constitution can be produ-
ced as would justify the act of the President,
even upon the ground OF constructive power.
The very ptrqseoiogy OF the articles themselves
forbids such construction. That the power
10 dispIace or recall public minister s essen
tial To the well being ef government, we are
wiling 10 admit but We contend that the ex-
isteocc Of such implied powers should only be
resorfed 10 by the executive when, by some act
Of omission or commission, such officer may
have rendered himself obnoxious TO the just
censgre OF his government nc, Tor instance,
in a case where he may have failed to essert n
RICH, Of his country, or to repel an Insult offer.
ed 10 is honor The recall Of ministers have,
heretofore, been confined 20 cases Of this kind,
or where government despairine Of obtaining
Justice by. conciliaiory means, have Withdrawn
their Diplomatic agent preparatory 10 the as
sertion OF theirs tights by an appealto the last
resort of nations Such has been the policy oil