Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1831-04-21

WIN 'he adViee And consent OF In Senate, lore,
sffipg 'ha' vacancies might afterwards happen
IN ihr'c Offices during the recess the Senate,
! when the public exigencips might nevertheless
| ftqhir' tueh vacancies to be filled ar, wisely
AMI prov'derily gave To the President alone
! The power OF filing up all such vacancies
I'M they had no more idea OF giving 10 the Pre-
sIhent alone, The power ofereuiing ffices during
the recess ofIhe Senate, than they had TO give to
the Executives Of fhe dlferent State. power To
issue wru, of I'll ciion, to I'LL original vacancies
IN the House Of Representatives.. or TO grant
Temporary appointments to supply such vaesn.
eies existing in The Senate.
Mr.. President, lat me present the subject 10
the Senate under another aspect. Whatever
dlffsiencrs OF opinion nav exstssio the origin
| oil our different Offices 4 think We mus all ngree,
TINT the power Of tho President IL The same, ia
regard 10 appointments, 10 them all. Tho Con-
shiotion, In authorizing him TO nominate, and
by and with the advice and conseul OF the Sen
ate 10 appoint 10 all Offices. draws no distiac-
ton IN the mode of appointment To any aud
HI, separate power over all vacancies which
happen during the recess of the Senate Is the
sane, 40 matter wbat may ba the origin or ma
lure oftho vacant Office Then. II his power
over all is the snme IN both cases, LET US exam
Inc thu different subjects e. which this indenti-
al power may be applied. aud perhaps we
may so discosor the nature OF Tho power
itself.
According 10 the opinion Of some, there are
three different species of Offices referred 10 if
the Constitution, such as are created by sta
iutr--such as are created by tho COnstiiu-
ton isell aud Al, h as being esab I'D by The
nsnges oi nation. are mvrris recognised by
| the Constitution Most of our doDrsfic Exc
cniivs Offices arr examples OF The fra, kind
the Chief Jusiee. and his associates Of the Su-
preDe Court, are examples OF Tho second and
| ambassadors. other public minister's and con-
| snls, are 'nsianees oil the last Now with refs
peet TO all offices OF tho first class, that 10 10
| sas, Offices created by statute, II IL very oh
vlo,is, that original vacancies III these can ne
yer occur during the recess Of tue Senate. Be
cause, ms these Offices derive their oxisience
from statute, which statute can only be enac-
ted during the session Of tho Senate and ax
these Offices when thus created must be vacant.
nli original vacancies IN statutory Offices must
occur duriag the recess OF the Senate. Conse-
qnently, the PRECEDENT con have no power to
I'LL up such vacancies.
| Ihtre never has been but single insienra
ol an attempt by any President, 10 I'll ~ sdci,
vacancies during the recess OF he Senate. This
attempt wns promptly met by III. Senate, who
not content wnb rejecting tho nominations NJ
forwards made, ofthe litry officers who had
been so appointed. referred thu subject 20 a
/
does, clear and sound exposition OF this part
oil the Constitution, and an able vindicntion OF
the violated rlgh,s Of the Senate, received tho
| conformation of hi, body, whose yipws were
ntterwards assoned 10 by the Executive, as we
all know. Then. no doubt exists, that The Pre-
| sidrDt alone has no authority 10 make on ofigt.
nal appointment ~ any statutory Office.
The olhc"s of the Judges OF the Supreme
Court are the only description Of Offices Of the
4 4 L. ...I
Constitution itself aud are thereby loquirsd 10
| be filled up. Here men II 10 the case not of
potential, but Of actual Office, not OF
possible Offices that may or may nor he reaui-
red 10 be filled up. but OF existing Offices or
dared by the Constitution itself 10 be suppI,ed
with incumbents. Yet President Wnshington
| during whose term these Offices wefeall a. va
cant, and thus continued for long lime, never
| thought that he possessed ihs power TO fiji
them up, Until after ,he enaciion Of the Judi.
eiafJ law and did 50 then Only by and with
thu advice aud consent oil the Senate frat obtoi
ned.
Nor could he have dooe Otherwise Far mn,
I'll the passage OF this act of Congress, how
could liz know What nnmher VI Jadpea In ar
poiut--whai would he their salayies-vbe,.
they were 10 convene--~hst might be the do
lies required oi them--Or what the rule IN ran
uiate their process aud proceedings nav nv
what other meana could the Court have been
supplied with Clerk. u Marshal or nny other
IN Ministerial oilit ers. indispensabiy necessary
TO the proper performance of their functions
II would have becs rs absurd for the PreSideof
10 have mdde the appointment OF Judges he.
fore the enacion Of hi, statute, ms il would
have been, for the Governor ufs State In b.,ns
issued wits Of election, before the legislature of
such state had pissed The laws n.ce.surv IN
give effect Of that provision ofthe Constitution.
which required tho uembors of the House Of
Representatives 10 be chosen.
IL after time when none Of these diniculti,s
existed, and the Number OF lbe JUDGES of the
Supreme Court was increased, although Tho
new Judge, when duly appointed, like bis
assoeihtes, was IN under the Constitution, vet
II was conceded on all hands, that the ofIie.
although required by the Constitution. was %.
iablished 10y tue law aud Therefore, bscominr
vacant during the session If The Senale. The
Presldcnt could not I'LL th, vacancy during The
recess, hut must make the first Apo nment n,
II, only by and with the advice and couscnt Of
THIS body.
When W. thus see, that the r. c,iden, cennot
make an original appointment 10 any ofIica
created ci her by statute or by the Constitutions
because the vacancies in such Offices cannon
property be said 10 happen during tie recess Of
the Senaie, is II II 10 argue, that he has an
tboriyt 10 make snch appointments to the other
class OF Offices which aye established not bv
statute butby usage merely, and which are no,
required, but merely recognized BY the
Constitution as OF possible use Does not
every argument applicable TO The case of the
Judges OF the Supreme Court apply EortfoyE
TO these Offices or how many Minst, rs must
The new mission consis' --who and vi what char
acier shall be the attaches TO the legation
whal shall be tho compensation allowed TO an.
{ . hat inn "a far ss,t,a