Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1830-04-10

polnico vas not emitted TO seat here. "beceusc
session OF the Ia 'glslaturc OF the sad State had
interviewed between the resignation and the APP
pontmcni; and among those who sustained this rcso-
intloh eilnd the naulcs Of l,nnglon, King, Ellis.
worth, Martin, aud Butler who Ind been members of
tue Convention. Such was the dc,ernlnuiion on
sh' question, giing the whole length OF the priuci
Pie we seek u establish In the case of Mr.. Lanman
Senator from CONNECTICUT, the Senate, on the
9th of March, 1926, wen, siii futhcr. Ills term
expired on tue Sd Of March, 1925: after which hc
Produced here a Cctif ate ofappOintmcnt by Oil
YER Wolcot then Governor of tho State, dated tho
go OF Feb. l535-and although the Lcgsia urc
al the S.ae was not in session Mt the tmnc and
uiu not SIT until May. yet the Senate decided that
the'c was not IN this vacancy happening by
any casually not provided for, and therefore NJ
Lanm0n was not cnltlud 70 seat. We find "A
mons the distinguished names then recorded IN
favour of this constructions those Of Mcssrs Benton
HerrIen, DIckerson, Eaton, Gaiard, HAyNE, JACK
SON (uOw President kinw, Lloyd of Md Macon,
Tazcwel and Van BuRrr.
II IS not for to pronounce upon the correctness
OF decision thus cStabiiShCd but If IL was rIuht IL
not only covers but goes beyond my position IL is
true, that IN similar Senators have been
permitted 10 sit here; bat they all passed without
cone ideraicn, except that OF Mr.. Tracy, who was
hcih entitled To seat by party vote, in period Of
high excitement, all those who were called JticruIisfs
voting for, and all thosowho were called democrats
against hlm Temporal p,ohuatttr. However we lHav
be branded as the !cdcrass of this day our dec r,nc
appears 10 have been the Republican, doctrine of that
period. The constitution OF each of the Slntes I'm
the c"scs referred TO, provided that their governors
St0uId see tent their tHrs Gti;bTufiy erecutcd
ana ;hcif laws directed those govurnois TO fill up
vacancies happening IN Tho their respective
legislatures by temporary appointments: so that The
eNis no ground upon which to build up cOnstruc-
ton IN favor OF the power of tho Federal Executive
III each OF these ms ancns Wrhou. further discus
SION 9" the principles connected vi this subject we
might regard It never TO Lc shakcn white the Com
slituoh lasts, that the President alone cannot fill
any vacancy accustomed by the refusal OF the Senate
\ NlS ma = -. O.
had far opportunity to consult his constitutional
adsI erS should refuse neglect t. DO su in any cnsc
vince their consent TO tha appointment; is required
he has power supply the vnyan". cNisrp n, Tho
expiration of their session.
B'i"ta close my remarks upon the constitutional
rights OF lc President and Senate suffer nc TO saw
slT that there cannot be IN free government more
danger ors principle than that OF lmDied Cxocuivo
power. To cOntrol il. we cannot keen too steadily,
~ view, that delegated Authority of tins character
should always he ouhor strictly construed or strictly
dthhed, END that, b. the terms OF The Constitution.
3ower,Ho expressly coded, is rcservcdio The Pcople
"a D., States. SHAH be graticd TO SEQ some farther
@A1o Ne han any yet developed 10 make rood th,
remark OF the gentleman from Tennessee when he
MS pleasure Mt bcholding the Admnistra-
ton mn!orry Of the american Senate scontendino
ag'lns all those doctrines which are calculated TO
ine'cas" the authority of men III Office We have
also nGcn informed, that sc live in m age when
NiH RIGHTS arc the great object of rerard-
when a prcdomaatTg party has taken them into its
especial k""png-wlcn the President hnsclf IS their
grand protector whCn orr hearts shall be olodJepcL
/ an! our eyes blessed with the glorious vision of a
phEty IN power no longer warp!nr The Constitution
/ from rs legitimate construction to increase the
strength of Tic Federal head bv PAIRING down nj
!"rced Implications of authority and restoring To their
G,.,'na purity eui "got the sovereign and indeper,
NV, powers or the ,wc"ty-fbur = 6lcs T,.oh ~,
are told, slr Is the primary object OF modern reform
h'' me example ct thus administration is sad com.
ehla'y o 20 Inc text aud the principles advanced
IN TINS GcOaio sustain II, sap the whole foundalion
OF these lofty pretcntous. Roverencinr rs | an.
corey do me constitutional right 2fLte States Wow
me aVowed principles of the Executive a. subvors,va
{" u!e most important powers of that very body yhcr
alone Inc states, rs such, are represented. Rob the
senate OF these, end of What avail is their mere lcs
.@';Fe authority, when the very laws themselves are
ID ne passed upon by Judges, and executed hy officers
IN whose appointment jhcy have substantially no can
Germ. ' nv WI
An English King boas'cl that whilo he co,,IJ an
point the Bishops and Judges, ne could have y,l,ot
religion and laws he pleased; and il WINS Inc or,r,o
OF Roger sherman, IN adyefting 10 that rcm,rE That
1t the President was vested VITA the no,vcr ~ ~
pointing 10 and removing from Office at ms rloss,,rc
IHe tue Hhg'sn monarch, he could render himself
despoiIc. blow at the rights Of the States is =
blow ut the liberties Of the People: and ,vboncyo- tb
Pcrod sha arrive tor destroying The latter tho fri
ann WI he to PROSTATE tho powers of the former IN
I the senate. Those who framed the Cone,;t,,t;on
toresow this, and "a as human wisdom, c,l5
against nc evil They provided for H. byorIsinng tbot
no State shall ever be deprived of her ocr,I en- O.,
III ms BODY by any change Of constitution. Tic
""TGS GhcHeHS eSto' Here lies The bulwark anniIst
consolidation OF the gove.nment-ihc barrier for rho
projection OF the States against the cncroachmcnts
OF Executive power, and the American who shall
succeed IN breaking down this d"fcncc will bury in
It's runs the liberties, with the Cous,itutio " t
country The effort to destroy IT. in order to be sue
ccs5iui' will never be made in open and ayowcd hos
my out the FIRST approaches ofthe enemy will be
gradual, crafty, and disguised. MANY = Scc,rr,,,;,
VIII thunder war the knifes blade ooainet Tho
toe whom he secretly encourages until by succcssyc
restrictions upon tie rights OF tho Senate tho s,I
tnry powers OF the Suites stolen imperceptiblv
away, ana most probably under this very preencc Of
enabling the Executive to sec that the laws arc fat
fully executed "'''
ITO he continued
From The .Norfolk Free pye,,.
TIE DINNER