Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-04-29

TO the President, though think thoy numerous
and sound. and that it could well have been YES
ted any where else. | cunten, n.ysrlf by she wing
nfirmavty that II does exist ia the President, and
negatively that it exists TO whore cs,.
The creation OF DIP omatic Offices aud the appoint
u,ent Of ministers powers properly belonging TO
the Executive, and would have been granted 10 The
President by the single declaration in the Constu-
ton, that "the Executive power shall be vested in
President of the United States" but for the rsstrrc
lions contained IN the second section of that rstru
ment. Fh's IS admitted by Mr. Yazewell He saws
it 10 true that the second section of the second
article OF the Constitution vests in the President
THE executive powcr,' and equally true that the
power which has been exercised upon this occasion
is properly on executive power Therefore if there
was no other provision in the Constitution upon the
sscJect than this, no d.ubt would exist, that the
lesioent vas thereby authorized to do thai which he
sut the Constitution docs stop Very soon
ae inns general grant Of the Executive power the I'd
oil The same article which contains the grant, tho Con-
proceeds to check and restrain the power granted,
ny prescribing TN manner in which alone die President
exercise ~ The check and restrain, alluded by him.
before referred by ale shall nousinuts
ano ny and with the advice and of Senate shall
tyha AmoasnsoIs ether public Minister'S and Consu"
the Incumbent - ' W. ~ " ff'e
Thus far have progressed step by STEP until have nearly
reached the conclusion tha, have now e
osned TINS that tho power cSnte the Office OF public
Minister, vested the a,dsnt Al what nomen, is the
1t is simultaneously induction of
me resident into the Executive Chair and yet has
prior nomination VIXEN is 6rs called into heiucs A,
the moment tho President to send an
abroad he then calls the office into existence aid
Suppose an exisency r the of the Senate
winch ncllnes the President to send Minister absad why
the Constitution requiring him only during the
sion? None He determines This determine
ton made known the Secretary Of State This Instantly
creates the office No appointment however is made the
very moment VIVA, is the situation of tho Officer Il he
either filed Every body win say that vacant
Nhen dad ti vacancy happen' II have happened at
some time Did happen the Of the Senaes Yes,
because the office the
PRESIDENT the power fill it, The President shall have power
we TO ill up all vacancies that may hap
, pen e aunns Inc recess: of the Senate"
Wous oocdncy and "hGYpen," and hould do injustice
the argument did examine them OF the hs he says
ask of every honorable Senator here present. any doubt
a exist among the people of the State Ire
our whole land their meaning is and vas the same Every
and at all tmes except in yonder public edces they
ch hdpi1g 6es filed by ss1ne cause mas aertrards
o'f ITS incumbent, and made Let define
the made by another and admit his dsn,ioos to
correct and he what he chooses of that others
composition. He can make it any thing nothing
Consists great strength, of the honoabe
Whoever acquainted with his Competitions knows how de-
ferrous ne Is IN the of ,erms What understood at
the adoption of the Constructor by the term "vacancy"
know net being then myself of nonentiy: III may
50 use the expession whether the 'unversa Yankee
W W or the Great Fest" the meaning is the
virginia. will not enquire taks for granted that the
meaning the same among all who speak English Ian
Suage and ha, ne alteration has taken place in ssnea
on SINCE the American Revolution have particular
friend who will never carry back
than ths siege Of York." but back the Revelation If
can be satisfied that at that time different attached
to the word will examine subjec beyond that ssriod
however Cannot consent to must avail myself of the
| sute efliraitations
Vhe Constitution Of the u. States was framed
by the sages Of the landry those who understood
the English language no, only popularity and gram
hNtcaly, but radically 1t W,s framed after great
elaboration, scan'd critically and finally submitted
to- COMMITTEES to sxamine it's very vsrbiage-its
language. therefore, ve must suppose be pure,
aid according to the Lexcons of the day-If we
look into these, what do We find to be tho senifca
ton of tie word 'vaoaney9"-s'A post or employ
ment unsupplied," says Barcay-"Stale of q post or
employment when it is unsupped," according to
Walker and appeal with confidence to every Vir-
ginian (who has not yet expressed opinion on this
subject whether this is not the universal acceptaton
Of the word in this State. Suppose then the Con-
sttutisn, inst cad Of the word vacancy" bad used
the definition, the section would then have read
l"The President shall have power to FIJI up all posts
or employments which may happen to be unsuppied
during the recess Of tho Senate, by granting com
nssions which shall expire at the end of their next
session. II the language had been this, ask ifl
there could be doubt that the President would no
authorized to Gil uP the post Of an Ambassador at
Court during the recess of the Senate? There conld
be nene--and how Can there be when the terms used
arc synenimous?
Not only the term "oacuncy," but the word e6an-
pen 10 laid great stress upon by Mr. Tszewsl-t
Al efhce may be vacant during the recess of the
SENATE and yet it may not happen to be vacant and
go think /. The present Administration has been
by most wanton removal from Office
:
during the recess of the Sennts--in these cases !
hardly think that the vacancy happened for it was
no doubt pseordained by the President lie wilfuIIv
makes the vacancy, and ten says it happens; yet in
all OF them the vacancies, made, were flied I'd
oy the President, and the new incumbents in NOR,
OF them, confirmed by the Senate. In these nstan
ces admit the konouraalc Senators departed some
what from the pathological accuracy of the word
chdPpen." AS intend, however, TO render unto
Cesar the things which belong TO Caesar will no,
wilfnly distort the term to deprive him of power
really granted to him by the Consultation, and viii
theEcore examine it somewhat mjnutely, in relation
been filled 80
The honorable Senator in his speech reuaks is no,
eptry vacancy which the President may h up without the
dnVee ana consent OF h Senate b such only
may nSPpen,snd which may happen too during the recess
o. VOC ssnae Now according 10 the si.nhcat ion
Of 'ne term happen applied denote crt0ia events
oat applicable to denote such only as casualties
ay PRODUCE which therefore unforeseen or if seen as
IN themselves, quite UNCERTAIN the tenn of
Ine" occurrence We should speak evereny certainly
snoun we say that the happens the tides
sPPen 70 change There nohug foTuitous these events
are 'eIsteen lorenown and Until plsases
n who has so ordained, change the order his Pgoyi
ehce WIN as little Propey might say, that our hie
assEacy happens TO be elective the judicial
officers happen - be during good behaviour These thHS too