Virginia statesman. [volume] (Wheeling, Va. [W. Va.]) 1828-1829, 1829-05-23


Western paper
usu.--.a
The following extract from the constitu-
ton of the United States, which contains
all the provisions that are made in relation
to the appointment of public officers.
"IIe lthe President shall have power
By and 9TH tie ddcice ard consent Of the
Senate, TO make treaties, provided two
thirds Of the Senators present concur;
and be shall nominate, By and ruth tie
ddcicc Gld consent Of The Senate, shall
appoint ambassadors, other public MINIS
ters andconsus, judges Of the supreme
Court, and all other officers of the United
States, whose appointments are not herein
otherwise provided for, and which shall be
established by law. But Congress may
by law vest the appointment Of such nfe-
rior offices as they think proper in the pre-
sideni alone, in the courts Of law or heads
Of dedarments. "I'he President shall
have power to fiji up all rocancies that
mag happen, during the recess Of the Sen
ate, by granting commissions, 'chict shall
expire atthe beginning Of Their nett session.
From this section Of the Constitution
tho President derives his power, if he has
any, 10 make removals from offices and
appoint new functionaries, at his Own nil
and pleasure. uiibom "hie ddrice and con-
sent of the Senate" The only shadow
of authority which the President has for
the violent and high handed measures he
IS pursuing, is derived from the last para
graph quoted above; and we apprehend
that it will be difficult 10 torture the Ian
guage there used to mean any vacancies
except sech as may occur by accident
Does It vest the the President with any au-
thOrlty TO MAKE yacancIesl Does Il con-
template any cases except fortuItous onesl
Does not the limitation in the preceding
paragraph ofthe authority the President
.as to tho appointments IN general, express
ly prove that the authority confirmed by
the succeeding one, was intended to relate
only 10 particular cases, and those such as
should occur by dccidenn- was the
authority limited in the former, lit was in
tended to make It unlimited in the latierl
The very language, however Of the latter
paragraph ITSELF independent Of the con-
text, shows that It could not refer 10 va.
cancies made By design. or created by The
viii Of the nominating officer himself II
merely proves that The president "shall
have power to Gil up vacancies that NAY
HAFPEN during the recess of he Senate"
Ii it was intended TO relate 10 any but ac.
cidcHtaL vacancies, surely this language
would not have been used; the expression
would have becn-"to Gil up vacancies
that mag be made during the recess Of the
Senate But such pbraseology and such
an implication Of power, would have been
inconsistent with the previous provisions Of
the section; and the trainers Of the consfi-
tuition evidently added the latter paragraph
solely with the view that the public interest
might not suffer for the want Of an officer.
IN case Of any accidental vacancy occur
mig during the recess Of the Senate. II
any further power IS conveyed by It, such
power IS merely constructive.
IL seems tOAIs that The President in
aAKISG vacancies and filing them up with
DIS own creatures, ,citt0m the advice or
consent Of the Senate, where their concur
-ence is required, has been guilty of a
preach even Of the letter Of the constitution:
md we are sure that be has violated the
'Pirit. We fear that there is too much
apathy on this SUBJECT among the people
'f this county; that party feelings binds
many 10 aggressIoas on the constitution
md laws; and thai indifference TO political
matters and disgust for the career Of poll
lcs, cause others 10 watch oyerfhei rights
md their interests win less attention ane