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


c.,ec, upon him when he has abused such powers;
and that, rs officers of certain trade cannot be ap-
pointed without their advice and consent, il those
officers be removed 20 reward partsans for any
other Mnistiablc purpose, the Senate reject
nominations to supply the vacancies thus occas;oned
and thus either compel the President to rcins,a,e
those removed, or leave vacancies which he cannot
slprly after tie expiration of their session. II this
view be sound, the Senate, by lis legitimate though
Indirect action upon every removal, has check upon
the abuse of power, which, If exercised when the
public interest really demands it, will destroy the mo-
lives for that abuse, ana may hereafter save the Re-
public in her hour OF greatest peril. The objects to
cc attained by ambitious and designing President
through the nstrulncntality of these removals. will
be to displucc the real friends or the people, and to
fill up the vacancies with his creatures subscr-
Went 10 his will and ind pendent Of all other ontrou
aud if the Senate have the virtue to reject his propo-
stioiis to effect theSt ends, he be compelled to
rcrract his removals, TO leave the places vacant
This right of rejecting appointments with the OK
press design OF aching upon the removals should be
exercised whenever tho removing power has been
abused-hecause every such abuse is act OF tyran
n.y. and the ilrSt approaches Of usurpa,ion, oppres
aud arbitrary power should be repulsed by those
VINO ought to stand as the most vigant aud intrepid
among tue scutincls of liberty. Ordinarily, he who
accepts an appointment Eli vacancy occasioncd
ny such an abuse OF power is cognsant Of tho facts,
and coascnting to TIE abuse Moreover this check
should DE ntcrposed whenever the public interest de-
fmancs the restoration OF mcrtorous officer, Whcth
CIR removed through inadvcrteht error or Intentional
!iuiusticc. The Senate thought; il important TO eX
crcsc this right Ill tle cases of the military noIina-
tons III 1922; but tho privilege becomes nestinab!v
valuable whenever the removing power of Pres-
dent is cNcrted for the purposes of personal ambition
and III utter contempt of the public interest. 1t is
infinitely better to go without al officer than to sub
mt to 'dh act ri tyranny in any supc. We have
no right TO originate hills for raising rcvenuc-wc
cannot nominate propose in the first instance the
sums TO be levied on the peoolc but when tie ether
iouse scnGs here such bills amend or reiec;
t"cnh Now. whenever we believe that the sum TO
be raised Is destined for any purpose which yranni-
cal or oppressive or not really necessary for lie pub
lie interest. we are bound to negative the wll. bill
~ we are not allowed to amend SUI, that int
we Should doubtless refuse any appropriation OF pub
nc money II we believed it destined to advance tic
interests OF an uslrpcr Though satisfied tic same
time that real evil might grow Of the want of
, funds to dsburse The ordinary expenses OF govern
T'en III these and n! similar cases the question
must be weighed and decided whether the object to
be achieved Is worthy of the sacrifice may occasion;
aud go long the spirit of ancestors dwell within
these wallis VIC shall rarely think any sacrifice too
great, if made in successful resistance to the OBJ
Pressive exercise of arbitrary power.
But there some here who maintain that we
nave no such check on the Executive, and that the
president IS authorized 60 fill all vacancies eriyling
III the recess OF The senate; that when we have re-
Jectcd SUCH appointments have been proposed to
US, and, having been informed by the President that
our services are no longer ccssary here shall have
adjourned without day, he fI the yrc.ncies then
casting. II this be true, he NIL such vacancies
, as well with one person another, and of course
cam ard VIII generally, re-aTpoiut the very man
whom we have rciece Or he NAV ontrpIv disncrso
with future nominations TO the senate gran,irr On
lhe Gay after each session. commissions which shall
> expire with the next, and thus take ayYav from This
coordinate branch of power tho nisera bic s,,
" coordinate privilege OF the old French Paramc Il
whose only glory was to register the mandates CT the
I sovereign.
u The Commentator on Justinian, who has been al
inded to- as Iurist, in terms of high commentator
IN the range OF This debate (NIs. Cooper after an.
y isnadverng upon the removing power as formerly
" exercised by the Governor (of Penn SAYS the anal
ogJ between the rights of the Governor and those Of
the President, 10 this respect will hold, conserina
that under the constitution of the u S. the exercise
OF the right of removal is subiect to the t,r,uidab,
check OF the Senates concurrence in the successor
- OF the President difference important as to dcs-
troy the force of a.! reasoning from the one ia tho
other power in every instance controlled in its
exercise by the senate, cannot compared wit n DOW
GF IN every nsance uncontrolled, and exercised as
inc caprice OF the Governor for the time being heat
ed oy recent opposition, and goadcd by revenge NAV
dictate. fhe distinction lies here-every vacon
cy e:Sh9 ID the recess ls not vacancy happening
within the true construction of the second article
Inc appointments to supply such vacancies must be
made by granting commissions, which shall exnre
at the end of the next sesson-pot ofie, the exni
, ration OF that session. The commissions granted
during the last recess expire eo Instant with fbe tor
imitation OF The present session; and if tho Offices re
not h!!ed by the concurrence of The senate y,con
cles Will ease at the moment we adjourn not in the
recess-for that can with no proprety be said
to be recess than sessIon--and those Vacancies will
not exist by reason of any casurty or hnDDen;n not
provided for, but by the expressed will Of cosord
nate branch OF the appointing power It has never
been pretended that the President alone could fill nv
one OF these temporary appointments vacancy han
penlng during the session. In tho celebrated repor
ofthe committee military affairs made here on the
25th oil April, 1922, which as have already stated,
met win the sanction of the senate in the rejection
Of the military appointments it is urred that che
word happen relates TO some casualty not provided
ter by law If tho senate be in session when Offices
are created by law which were not before filled, and
n nv tba
be cannot appoint after the adjournment of the SEN
ote, unless specially authorised by law, such yacan
4 cy not happening during the recess The same con-
struGtion was evidently adopted by Congress- and by
July, 1913, they thought it necessary to insert an
express provision OF the second section to confer up
on the PRESIDENT the power to appoint collectors of
u,eSe taHes anu internal duties during the recess, if