Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-03-24
VOL. XVII. NO. LOG.

ate predecessor Of the pres, n Chief ssrste had APP
pointed excessively the two commanders OF our sqrad
ron in he Mediterranean; together with Mr. OH. ~,
nu Consul at smyrna commissioners TO etfec, this OBJ
lec'. They were furnished with full powers. commits
stoned under the great seal, and instructed to make
treaty to secure this object. This designed be
secret mission; was never communicated TO the Se-
nate, nor was The appointment of the commissioners
submitted TO them Tor confrna ion; however, from
cause, not perfectly unders,o d, but many believe,
from too great publicity given to the mission IL totally
aile; and this failure became known soon after Mr.
dams went out Of ofce.Tbe object Increasing every day
In imro lance, il very early :ractsd the attention OF
the present adninst ou avoid the interference
OF other nations and better to secure the secrecy Of
the operation. Mr. Rhind appointed Cronsul TO
odessa, but IN, n.hed with full power, detected
jointly and sevetally to him, Commodore Biddle aod
sir. iey he was directed under the cover OF his
sonsdor appointment 10 proceed TO ConstsDtinopIe, and
there 10 negotiate for the free entrance Into the Black
Sea- he went there, his object was not suspes and
on the h May last he concluded treaty, which
signed by Msssrs Ohisy and Biddle, they having
rived in the interval the day before the adourmen.
OF the Senate at its last SEES Ion. This last
like preceding appointments, by Mr.. Adams, was ada
In the recess OF the Senate; and had been the
in these instances, the names OF the commissioners
were not submitted TO the Senate for confirmation.
These are the facts, and them is founded the accu
eation we have heard.
Let remember that this Is not a ou stIon pbieE
concerns the infringement Of any State right that It's
not one OF reserved conceded powers, but merely
regards the mode of exercising confessedIy given
TO the General GoYernment-that OF treating in the
name Of all the States with foreign nation.
will examine, in ordor, the positions on whichshsse
serious charges are founded. The 6r OF them (alho
do not think II applicable to the present ca.e is tbs.
the PRESIDENT has no Power'o appoint public Min
s'er during the recess of the Senate to any Power
whste no such Minister had previously existed; or e.
ven II such Mi sion had previously existed unIess the
vacancy occurred after the 'iournment of the Senat.
To this position accsde in of is parts But il
should err on this subject, hope 10 show that the
charge that is founded upon il.
| construe the Constitution as would any other
written instrument, by its words, where they are exc
plici'-where there is doub by the context-by the
plain object OF it, trainers by vie Of the evils Il was
intended 10 remedy, the circumstances under which n
vas maue' am the conte%poransous construction aud
uniform prari-c under IL. To adhere to its Iet.er
without these aids, would defeat th
evidentIy intended 10 he vested nv its metimes give
u greater than were contemplated For instance; the
President s directed TO take care that the laws he
tithfCly evecu.ed" Take this literally without anv
a'e from the rules Of construction have laid down
and you give him all power bot that Of legislation
ne article next preceding, II s said that no State
s sh inter- INTO any compact or ogreem" with
ther ate, without the consent or Cppgre,s" lite.
raj construction OF which would prevent a. settlement
OF disputed boundaries: any other atrang ernept
which mutual accommodation, for the ackoowIedr.
men' OF deed the arrest of fugitives or similar OBJ
Ject- might require. Let examine the position by
The Constitution directs that ate President shall
nominate, and by and with the advice and consent al
ms senate appoint Ambassadors. other public Ministers
ana C'nsu, Judges ri The Supreme Court and all other
oheers oil The United States whose appointment ia nof
heTein o'nerwse provided for, and which shall be ca,
.ao,shei oy law" IL then gives power Congress TO
vest the appointment OF such inferior ocars a. tbev
ihnk proper, in the President alone Here the annoini
ing power Is complete. But this power az 10 h.
by the President subject to the appreciation
OF the Serae; and, the sessions of that boIv ,ys,
not permanent, it was foreseen that great inron
Venience would result IL all vacancies we're IN rsms;
open during the recess What was the natural remes
uW 10 give the temporary appointm sn, to the Pre-
sdent, subj ct ia the usual manner 10 the con6rma,
OF the senate, when il should meet md to afford Them
Tune Tor elaboration, the duration Of the temporary an
pointmept was extended TO the end of their sss.ion
Inc evil to he remedsd by this provjso yas The
cy oil an ohce occurring at a time when II was limos
o'e TOT me PRESIDENT TO submit nomination IN the
senate. Such would be the of an officer diving
during the recess, resgning on the dav NJ ous al
Journment; or OF Minister dying in d,,apt countrv
az 'ime during the session when il would be jmno:.
so'e 10 know the event before the adjournment II In
hese TWO last cases, the office wprs to remain
unu' the meeting Of Congress- the remedy i'm IN nro
Vso "ou'd not be commensurate 10 the evil II was in
tended TO avoid. There would he vacancies yhen n
was the evident intention of the instrument ,hs,a
h ,uld be none. must he understood "a savin b.,
an Inconvenience 'tendng any consru con is sufficient
10 snow u 20 he alse, or that, to be the true reading
which avoids it. Where the woods are e.nrssse
where the intention is evien however ifIconvenfan(
ihey must be obeyej: But, where the word. will adj
NIT oil an Interpretation which avoids sucb an evil a.
must have been fOreseen and cannot he ,uppossd n, hs
lett unorovded for, there the rules of consruc,on ~
when advert will apply. Before we consider the
words oil the Constitution let the
tina, would result from an adherence IN v,botis ~
haps thair literal meaning The collector of The nor,
o, ne" ok dies on the day before the adjournment
me vacancy cannot be filled until the December fol-
loving. The collection of one third Of the revenue NJ
me United States must be left in irresponsible hands
no commander OF a military district in time OF war
u'es-hI' loss cannot be supplied-ihe most important
operations on which the safety Of The country depends
must be stopped In the distant operations of your
Navy the same or greater risk and nienoe
occurs Al the moment Of concluding commercial
arrangement, by which immense advantages are n he
secured; or treaty Of peace, which is 10 save ,bs
country perhaps from devastation your PIeniooepti,
~ dies, during the session Of Congress- but befora
the President is apprised of IT, He canno, sunnIv iii
place; The comm srcal advantages are J6,t-tba wa,
mus Tage-ihe country must he vastated: because
according 10 inc literal construction OF the CLAUSE te
vacancy h'ppened during The session, not in Inc re-
cess. The P'esiieD, who should presume 10 reme5S
'he'e eVls' would be guilty OF "lawess usurpstioa
OF unconstitutional power" And the jealous guar.
dIdns OF our tights on this floor would denoupee ali
those who might presume TO think differently az ms,
ready 10 lay the Tighs Of the body TO whish tbev be-
long at the feet OF Executive power. These air. and
an hundred other Inconvenience whish mivbt h.
stated, as not only possble but probable but csrIai
and inevitable, and must during the long ssris,
OF ages in which il is unanimous praver tbst n,s
Constitution may live. Are they not erasp Mi
they not have been ioreSeen? Could thev beya -
capped the wisdom and deep foresight of The sases ono
framed The Cons itu'ioDl Have they not providsd
for them' My belief is that they have by the sscton
in question The President by IL " authorized 10 "6lJ
up All vacancies that may happen during the recess, NJ
the Senate" Now take this literally, aud he NAV fiji
up vacancies ia the Senate sslf-and appesrs frou
the Federalist that this seriously soptsndsd
for. But this canno BE- the construction tbouoh
fN..f - % a..