Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-04-12


the last Now with respect to all Offices Of he first
class, thar u Ia say, otcrs ctcsed by statute il is
very obvious, hat original VACANCIES in these can
never occur during the OF the Scna:c. BE-
canse, rs :,eEc Offices daiiva ttNir existence from
.n'u'c, which s.atu,c only be nlcte, dorng ,.c
session OF the Senate: and a. these Offices when
ths created must DO vacant, all original vacancies
10 statutory Offices mast occur during the session,
ana not DARN: N" reccss pf rho Senate. Consc-
qucn,ly. the President can have power TO fill up
such vacancies.
There never Inns been hu, single instance of an
attempt ny any President. to fill up such vacsncies
during TIE recess Of tho Senate. This attempt was
promptly met by the Sen'c. who, no, content with
rejecting ,hr nomination. afterwards de- of thu.
military officers who had hcrn so appointed referred
the s''IHct I" Committee. Their rcport. prcse =
ting as 1t deco, rlc1 and suund exposition al this
part ot the Constitution md IN able viniica'inn OF
tho violated rights "f tho Senate. received thr con-
hrmhtion "tthS b.dy, whose views aiterw rds
assented tn By the Executive. rs all know.
Them no doubt exists, that tho President alone ha
no authority In mike original app,iu.mcn, To
. nny statutory office.
The Offices Of the Judges of the Supreme Cour ,arc
the only description of Offices of the second kind
These Offices are created by the Constitution itself;
and arc thereby required tn be fi'!rd np Here
then Is the case not nj po'enin but ac,ual Offices
m, of possible Offices that may or may MT be re-
CURED To he filed up, but of existing Offices order
cd ny the Consultation itself to be supplied with in
cnmocnts YET President w sshugton, du ing whose
term these Offices were all SC vacant, and Thus con-
unnrd Tor long time. never thought thnt he pos
sc'scd the power 10 fill them up, until after the en-
acton OF the Judiciary law: and did so then only by
and with the advice and consent Of the Senate first
obtained
| Nor could he harc done otherwise. For until
the passage OF this net Of Congress, how could he
know what number Of Judges TO apppint-~ha,
would he their salarics-whcre they were To convene
what might be the duties rcnrircd Of ,hcr,-or
what the rule 10 regulac their process md nroccc-
ding ny what other means could tho Coi., lave
boon suppl ed with Clerk, Marshal. .. my other
ministerial 9TH :srs in.liSpens ,biy NECESSARY Ia the
proper performance of their Functions, T, ,vou|d
have been rs absurd FL. tho President , lI,ye made
the Apo ntnrn, o. Judges bNf,.c ti,r enacti,n of
this statute, as would have bc-r for the Gnvsrno,
Of u Safe to have issued wr;ts al cle.t,,n brfn,e
the l"gisl;u.e Of snch state had passed thu, !,ws
necessary I" give effect To that provision ofthe Con
sruii'n, when r'qiircd ihs members Of The House
OF Representative II h" chosen
In atur time, whca m" rf ihcSc di :ul,cs rx;s-
ted ana the number ot The Judges Of tho Supreme
Court was Increased, although the nrw Iul ro when
duly app pointed Ike HIS assuciItcs WIS in under the
CONSTITUTION. YET II icnd.d all hnrds ma,
the Office although required by the Coosri,uii,n was
established by the law and therefore be:omiDg VT
cant during the session Of tho S4nae the pfes;dcn,
enid not Ill this v,caacy Grrng the r,cc.3 bnt
must make ba FIST aopo:ntn eut 90 il; oaiy D; and
"'t!l The advice ana c"ns' Mt Of this hoGy.
When We TINS sec, Ina, the Pi resident can,o, ,k-
Al original appointment 10 any iice created ell her
by statute by the Constitutions hcc,usr In,
ceS m such "hc:s cannot p!opaly BE- said ~ hap
'-n during tho rcccss ofhe Senatc is II fair 70 ar
g"" tia; he has authority 10 make such APPOINT
'neAts ~ lie other class Of uf es whic, no ee oh
I:Shed rot By statute bot by usage merely and which
are mo- required, but merely recognized BIZ the Con
sirnion "a Of possible us'' Doe. no, every MN
m"nt applicable 10 Tie case Of lie Judges uf In. S
p:Gr3e Court apply tortiori ~ these ofTicae7 az
how many Minis; must the new mission c,p.;s:
who and Of what character shall be- m, sf,orb,s n
the l"gation-what s!a! be tho comp nsation allow
81 To- any of The missinn-aaj FIR what term NAV
tiny hold their oGiccs? Al thns,. o-a ou,m,,,na1
which mast DC decided bcflrr such Appointments.
can properly b r,adc: and the drcision Of each nf
tbrec questions by the President alone is i.rb dJu
By III" Constitution IN terms
And here Mf President, VIII o.Hr suggestion 20
the SENATE, WHICH upon my mind has n!vavs had
much pfii>nce. Il is more the ohec, of,hs C.n
Stuon to create and cnn:er power than II is 10 cl,c
and resi!an thu an'hor'e' winch Il grants ", I'M
poriaHt authority ~ thereby granted any depart
meat at TINS government, unless II is Limited md
guarded IN It's exercise, by some means or n,ber
Spanking generally. the Judiciary can est rbI;sh M
ru!c which the l,"g stature may mt nbrora,c can
rronorncc no decree. which The Executive 1ay no,
refuse to execute. The Execu:i"c can do no nc, =.
against which tie judiciary my mot rcli,vn which
tho Legislature may no. Gnnu. or 10 watch they
may not refuse 10 give effect. The Legislature eef
enact law, wirhout he assent Of the E.ccuiv.
and whI"iis not subject To the revison of tho In
dietary, whenever il comes in conI'.i with III, Con
su'ion And the s;tn,ce, in virtue Of tho rights re-
served by ;hrin rs parties 10 the ur gn,l compact
may wacd and control tho joint G. several action nr
ali and each ni tin departments Of this government
50 as TINT none may pass beyond its prescribed nis
--row car any onc believe, ilia; in 57csa syscrr 50
'1'c1drd and 81 cnrtriych. II ever was designed 10
cin:r' tic vast DocNr which has bcoa exer,rd usan
this occn@ ~. (Which I have shayyn touches and
nj Irnros our best and daa'sst intrrestsl 60 tho
uncontrolled discretion NJ The President a!oncl Tho
plain language OF the Constitution las think have
prDVcdj ICpudatcS my such idea: and If ,hi. Inn -
Suage was doubtful, the spirit which dcta'es rynry
line of thnt instrument, ought to suffice TO soI.a any
such doubt.
have heard SINCE case snggnstsl, 10 waich. las
1t secns to present difficulty to the minds of somal
must beg leave IN paw little attention. I have
heard II asked, " the President nay no. iii ~ any
vacancy but one that happens during the rcccgs Of
the Senate. what would be The coBdinn Of the coun
try, II an office. which the public good requires 10
be- filed immediately, should become vacant by
death or otherwise, happening during The Session or
the Senate, and which event could not be made
known tn the President until af cr our Adjournment,
FH1 thFg lion Hn,a