Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-04-12


nave TO advise the appointment of one not nominated
ny MIN The exception To this rule is contained in
the clause have Just read But to bring tho c,s.
WIhA tue purView of this exception and so to take
out % e Gpera'ion OF the rule, these three things
must occur There must be a uacancy-ihis vaca9
cy must nave hnPpenea-and this happening must
have taken place during he recess Of me Senate
Unless all these things concur the President can
this exception. Now undertake to show. that in
stead OF the concurrence OF all these events No,
one OF them existed on the 18th day of September
roz9' when these appointments were made BY the
| President alone.
Mr President, this Constitution was certainly
intended ny IT'S authors, to be exhibited to the peo
PFC 10 Tue ehd mat 1t ghi be read and understood
| oy them' In order that when understood if approv
edit might be adopted by them | have ever no
heVed that the true rule of construiDu it, was m
give TO all Its familiar terms, their popular sionGca
ton at the time OF its adoption In that sense srcI,
terms were probably first used; in that sense thew
were certainly afterwards understood and heinz
ADOPTED IN that sense, their Specification should ever
afterwards remain unchanged. If this is not so
teh ihdeed is Inc Constitution mere nose of WAX
winch may be pressed into any shape not only by de-
slSSng and ambitious statesmen but by every dr;vaI
ing phlloogst or moon-struck metaphysiciau who
may choose to amuse himself by dissertation mon
the ever-varyng meaning of words
Trying the provision | am considering by
'hls rule, l ask of honorable Senator here
present, II any doubt did exist amonp the beo
PIE OF the State he represents, as TO the meaning
OF the terms vacancy in Officer Throughout our
whoie iand' their meaning was and is the same
Every where, and at all times, except in wonder
pubic ediices, they have been considered as donor
ing an actually existing office which havinr bee,
once hiied oy some cause hes afterwards lost its IN
cumbeni, and made vacant. The idea of ac
tua! vacancy. in possible Offices which never
mad BEEN and never might be filled IS much too
subtle to have been suggested by the wisdom which
dictated and much too refined for the common ense
that adopted this Constitution. OrirIpal ev,etinr
T-ISft nd
ces, Ike original sin, is 4 mystery. Faith n re
VeIation' may oblge us 70 adopt the belief of he
latter bat each surpasses the powers of uualded hui
man reason and II We yield to the former
IKE good Catholics we must say, Credo quid tUaDos
Sibjie est.
II however. any doubt could xst as to he meantno
Oh th's term vacancy when regarded alone 2 Il
such doubt must vanish when examine It's con.ryt
O. consider 1t in connection Wi the ether words w,th
which we find it here associated in the Consttu,ioo
According 10 these, 1t is ecery vacancy which
the President may fill up without the advice and
consent oil the Senate, but such vacancies only as
lay Hdppeh anu Whlch may happen too ''durlnn
the recess Of the Senate " Now ACCORDING IN the
common sgnlficatlon ofthc term happen it is never
applied to denote certain events, but IS applicable to
Geh"te S"c:i occurrences only casualty may pro-
duce which are therefore either unforeseen or IF
seen as possible in themselves are quite uncertain os
TO the time OF their occurrence.-We should not
speak reyerenlY certainly, should we saw that the
sun happens to rise or that the tides happen to
they are oreseen, foreknown, aud must occur ontjl
1t peases Him who h, ordained, to chance the
order OF His own providence. With as little proprie
~ might We say, that our chet-na gstracy happens
to be elective, or the tenure of our judicial otticers
happens to be during good behaviour. These tblngs
TOO are pre- ordained, and must exist while the Con
sttuion remains unatered Yet we may well saw
OF the death, resg alton, removal or disablrv
Of an officer, that happens; because even where
the event is certain the time of occurrence is uu
known and uncertain.
But if we could refer this term happen" which
denotes casualty only to the occurrence of events
pre-ordaincd by he Constitution itself still the han
penlng OF such events must take place during The re-
cess Of the Senate to enlarge the general power of the
President Then, if could adopt as real. this
mere vision OF exis ing vacancy nOn-exstiner but
possible offices, we should not aid him much bv such
a subtle refinement For even if the Office always
existed potentially II always actually vacant
until 1t was once filed: and who can propGrIv affirm
of such an original and eternal vacancy that it fap
pened during the recess of the Senate rather than
during It's session Unless It happened durinG the
recess OF the Senate however Inc President has no
power to fill ii up without their advice and consent.
Mr. PtGsdeut, this question is much too important
as have shewn think, for me to permit it to rest
even here. What have said ! should consider suE-
iiclent upon any ordinary occasion: but | will endea-
YOUR to make it so plain that there shall not re-
main loop whereon to hang doubt.
To r COSTINUED.1