Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1830-04-13

inierve ned between the resiSUatioii ami tuI az
pontmont and among those who sustained tins rcso-
luton we find the of Laugdon, King, Ellis.
worth, Martin, and Butler who had been members OF
the Convention. Such was the determination ON
this question. going the whole length OF the princi
pie we seek to establish In the OF Mr. Lauman,
a Senator from Connecticut, the Senate, on the
9th of March, 1875, went still futhcr Ills term
expired tue Sd Of March, 1925: after which, he
produced here certificate Of appointment by OH
Yer Wolcot, then Governor of the State, dated the
sta OF Feb l32J-apd although the Legislature
,oi the Sta'c was not III session at the time, anu
d'd not So until May, yet the Senate decided that
there was not III this case vacancy happening by
any casually not provided for, and therefore Mr.
Lanman WAS not cattlcd to Il seat. We find a
mons the distinguished names then recorded III
favour of this construction, those of McssSs Benton
Berr,en, Dickerson, Eaton, Gailard, UAYNE, JACK
SON (now President.) King, Lloyd OF Md. Macon,
Tazewel, and VAN BuREN.
1t is iot for inc To pronounce upon the correctness
OF decision thus established: but if it right, it
not only covers but goes beyond my position. 1t is
true, that Ill some similar Senators have been
permitted TO sit here's but they ali passed without
consideration, except that of MIR. Tracy, who was
eiu entitled to scat, by party vote,i period OF
high excitement, all those who were called federatiss
voting for, and nll those who were called democrats
against him. Temporal prukontu-. However we may
be branded the cderasts of this day. orr doctrine.
appears TO have been the Republicans doctrine of that
period. The constitution of each of the States, in
the cases referred to, provided that their governors
should see that their lars ftttsiiy executed;
and their laws directed those governors sto fill up all
vacancies happening IN the recess of their respective
legislatures, by temporary appontnicn So that the
exists no ground upon which to build up construc-
ton IN favor OF the power of he Federal Executive
III each of these instances. Without further discus
sion of the principles connected with this subject we
might regard it to lie shaken while the Con
sttnon lasts, that the President alone cannot fiji
any vacancy occasioned by the refusal Of the Senate
To concur IN his nominations; and that if he. having
mad a fair opportunity TO consult his constitutional
advisers should refuse neglect To do 81 in any case
where their consent to the appointment is required
lie has power 10 supply the vacanry existing at thc
expiration of their session.
Before | close my rcma rk upon the constitutions
, rights OF the President and Senate suffer inc to saw
sir, that there cannot be in aree government more
dangerous principle than that OF implied eXecutiy,
G power To control it, we cannot keep too stcad
IN view, that delegated authority of this chaactc
should awnys be either strictly construed or strict
dehicd, and that, by the terms of the Constitution
power, not expressly coded, is rescrvedio The Peopt
or ne mates shall be gratlied to see soma ia
evidence than any yet developed to make rood TIN
remark or the gentleman from Tennessee, when In
expressed his pleasure at bcholdnr the Admnistra
ticn majority OF the American Senate, 'contendin.
against all those doctrines which arc calculated, Il
increase the authority of men in Office We have
also been informed, that live in an are whe,
: STATE RIGHTS are the great object of reoard-
when prcdominatiug party has taken them INTO IL
especial keeplng-when the President himself is thei
grand pro.ector-when hearts shall be gladdencd
and our eyes blessed with the glorious vision of
party IN power no longer Warpine the CONSTITUTE,
) from its Legitimate construction to increase th
strength of the Federal head, by pairing down al
FORCED Implications OF authority, and restoring to thei
pristine parity and vgor, the sovereign and ndepen
dent powers OF the twenty-four 8 atcs Such w,
are told, sir, Is the primary object of modern reform
But the example of this administration is a sad com
nenary on 20 the text. and the principles advanced
IN 's denste'o sustain 1t, zap the whole foundation
q Oh these lofty pretentions. Reverencino as sin
cefc'y do ne constitutional right of the Siutes view
the avowed principles of the Executive as subversvf
OF the most powers Of that very body wher,
aohe the States, as such, are represented Rob tb,
Senate these, and of what avail is their mere Je
: iatve authority, when the very laws themselves ?,
to be passed upon by Judges and executed by officers
e Germ! NV '"'
c an English King boosted that while he could IN
r point the Bishops and Judges, he could have VIVA
religion and laws he pleased; and it was the oninio
OF Roger Sherman, in advertnp to that remark tbo
s ii the Frcslaent was vested with the power of an
pointing TO and removing from office at his plsasnr.
s IKE the English monarch, he could render hin1sel
: despotic: blow at the rights of the States is
blow at the liberties of the Peoples and whenever IN
period shall arrive for destroying the latter the fir
ann VIII be to PROSTATE the powers of the former
= me Senate Those who framed the Constitutio
ioes" ths ana, SO far as human wisdom could guar
against The evil they provided for it. by ordaininS tina
no state shall ever be deprived OF her equal suffrage
i IN this body, by any change of constitution. n;
"l~rrs aheneus este! Here lies the bulwark arains
~siu"'ioii VI tHe SoFefnnent--the barrier for tn
protection OF the States against the encroachment
OF Executive power, and the American who sha]
succeed IN breaking down this defence will bury il
Its rufus the liberties, with the Constitution of hi
country The effort to destroy it, in order TO be sue
cessfn VIII never be made in open and avowcd hos
UNITY, put the first approaches of the enemy will h.
gradual, crafty, and disguised. Many Semproniu
VIII thunder 'war to the knifes blade against tn
Zoe whom he secretly encourages until by successiy
RESTRICTIONS upon the rights of the Senate the salu
tary powers of the States are stolen impercentihl
away. and most probably under this very pretence
fully executed. 81 Z 'a''''
TO be continued
From ne Norfolk Free Press
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