Martinsburg gazette and public advertiser. [volume] (Martinsburg, Va. [W. Va.]) 1826-1833, 1829-05-28
MARTINsBURG, VA. THURSDAY, MAY %, 1929

APpotnftng Poser lit would seem frorn The
fact that Mt Woodbury. had declined IN. ms.
sion to Spain, that it is in contemplation TO 70
call the present able and efficient officer from
mat court, aud appoint another in his stead
10 sdch course, OF procedure, we by e AN
aversion arising from TIVE CONFERENCE.-The
nrst IS, tnat II will be an useless expense 10 the
country OF up~afds of S 10. 600; and The second
tnst We are Tar from being satisfied that the
rfesuent possesses tho cons ti,utional pswer to
MAKE 'he recall and appointment IN question
reeolect, That IN ths message Of MIR. Ad.
ANS IN winch rs submitted his acceptance of
.ae invitation 10 send mlssios to Panama, to
me United States Senate, he stated the invita- p
ton had been so accepted, and that ministers
~ou'd be appointed We recoliect also, that
Notwithstanding he nominated those ministers
TO the senate, thatiha, body bounced upon the
terms ministers zgH be appointed as an in.
dication on his para TO exercise an unconsiitu
uonai right, or in other words. TO ustrp a SOW.
er not delegated in him. Now. If such cause
OF alarm existed IN the case in question, how
much more cause is there now, when We find
cue present incumbent uncsIemanlousy Great.
ing vacancies 10 the diplomatic corps, and filing
them without abe advice and consent of the
Senate-aad this too at most enormous ex-
pense to the country The appointment If
Mr.. M'Lane TO England was made under the
same Cir umssancss as the contemplated one to
Spain, and yet the Riohmsnd Enquirer, forget
ting, ITS csnshtnaonaf scrrpies so sensitively e.
WINGED in the case OF the Panama question, has
pronounced that an 'erceliem abpO,nimenf.'
Whether the term excellent IS intended 10 al
lnde 10 the qualification OF the ,nGi dual. or 90
the manner OF his appointment We are OF loss
TO determine. Tito the former, we agree with
q he ,h.
are concerned, the appointment Is excellent;
but here We must stop-tor We protest in soto
against the necessity OF it, and maintain that no
circumstances existed to justify the recall of
Mr.. Barbour; especially when that recall was to
be at the expense of the astionsi treasury, and
constitution OF the country.
We hsve carefully looked through the con-
stitution OF the U. s. and cannot see any thing
therein, either express or inferentisl, which in.
vests tha President with the power now exer'
cised by him. When we say this, we have an
equal regard TO the letter and spirit OF that in
strument
The I'd clause Of the I'd sec Of Art. I'd. says
He shall have power, by and With the adcice
and consent fthe Senate, to make treaties; pro
vided two thirds Of the Senators present con
cur: and he shall nominate, and BY and .viih tbs
adoiee and cor SEM Of the Senate, shall appoint
ambassadors, other public ministers, and COD.
suls, judges of The Supreme Court, and all 9TH
er officers of the Omitted States, whose APP
polEtment's are not herein Otherwise provided
tor, and which shall be established by law
But the Congress may, by law. vest the appoint
ment OF such inferior officers as they think
proper, in the President alone, in the courts OF
law. in the heads of departments"
The Sd clause OF the I'd sec of sr, Cd, says:
''Tha president shall have power to 6il up all
vacancies that may happen during the recess of
the Senate, by granting commissions, which
shall expire at the end of their next session.
These are the only provisions in the cons,i
tuition, which delegate to tbef President any
power n relation to the appointment of minis
ters; from which it is clearly deducibie, that in
the appointment Of Mr.. M'Lane he has acted
without authority, and that the Senate Of The
United States. without connivl9g et the viola
ton OF the constitution, cannot confirm it--so
that this first wrong step must lead TO others
Should the appointment not be confirmed, land
1t cannot be without acknowledging the dctum
OF the President superior to this constitutional
The nation will have to concur the experiment
OF another outfit. In saying what we do, we
are governed by the broad principles of the
constitution, and leave persons entirely out of
the question. -Messrs. Barbour and M'Lesn in
the discussion OF SO grave a matter as this,
should net be permitted in the least, to inhu
ence the decision of the public mind. The
question is, has General Jackson the power TO
recall aud appoint ministers during the recess
OF the Senatel We answer that he has net, &
are prepared to maintain our position. What
are the powers delegated 10 him by the censti
tutloDf They are simply these: he has sthe
power By and with The advice and consent Of the
Senote 10 2pp0tnf ambassadors other pR6kc min
listers ana csnsuis, SSc.-and, $50 I'll up vacancies
that may happen IN The recess Of As Senate. ~
Bait. Chron