Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-04-09

1t Is true, that The st Scctoa OF the 2d Article of
me Constitution, vests m the President, 1.-The Exc
eutiSr powcr; and equally true, that the power
winch has hecn exercised upon tins OCCASION Is pro
perry an Executive pswcr. Therefore it here was
10 Other provision IN The Constitution upon the sub.
lect than this, doubt would exist. that the Pres
iient was thereby authorized to 10 that which he
mas hone.-But the Constitution does not stop here.
Very ater this general urapt of tho Executives
power, and m the next section OF the same article
whch contains the grant, the Constitution proceeds
I" check ana restrain thc power granted. by
prescribing the manner winch alone the President
must exercise it.-Thas, in the ID paragraph of the
"a section at this ID Article. n, declares that
ne snail have power, by end with the atvlc, and
consent OF hc senate, to make treaties. provided
TWO 'hlrds or the Senators Present CONCUR; aud then,
that "hc shall nominate, aud by and vi,h tn. advice
md consent Vt the Senate, shall appoint smbassa-
dors. other public and cnnsus iud-es of the
Supreme Court, and all other officers of tho United
states. whose appointments herein otherwise
provided for and which shall be- established by law"
iicrcc IL obvious, that although the Executive pow
or Is vested IN the President aionc he is expressly
,nhoited from making treatie., If indeed that Is
Executive powcr) appointing any office OF the
United States, (Which certainly is such) without the
advice and consent of the Senate Bat the officers
IN question, never have been nominated To the Sen
ate nor has this body advised consented 10 their
appointment in any way-Thcr sforo, the act OF the
President in comforting these appointments without
the concurrcnce the senate, derive no sanction
or support from TIL, par, ofthc Constitution.
" TINS act can be justified at all, its justification
must be sought for in the next paragraph ofhs ssmc
Sec ion, which declares, that the President shall
have power to fill mp all vacancic, that may happen
during the recess of the Senate, by granting commits
s'ons which shall expire at the end of thc,r mex,
session This /, tho only part of the Cons,i; u,on
which has affinity 10, or conncyion with the powcr
IN question: Let INC then inquire, whether the de-
sired justification can be found here.
The general rule, is such ~ | have read it from
the Constitution, that appointments to office must
De MADE DV the PRESIDENT "bv md tho
and consent at the Senate" Under this rule the
Pres dent atone, has more authority TO appon,
without nominating TO the Senate, than The Senate
nave, To advise the appointment Of one nom ted
by hun The exception this rule IL contained in
the clause have Just road. Bur to bring the case
within the puTvicw of this exception, and so To take
out Il" the opera.on o. the rule thesc three things
must occur. There must be n gacnncy-,his varan.
. cy must lave happoaed-and this happening. mus,
have taken place Gur;nS The rereSs IT the Senate
Unless all these things concur, the President can
/ ind no support for Tho power no has exercised in
this exception. Nuw undertake to show tina, in
stead ut the concurrence of all these events not
one of them existed on the 10th Lay of September
lS@s' when these appointments were made BY the
Prssidcht alone.
| Mr. President, as this Constitution was certainly
Intended by It's authors, to be exhibited 10 he pco
pie TO the end that It might he read and understood
10y them, IN order that when under stood If approv
Cd. 1t might be adopted by them | have ever no,
ueVed' th1t the true rac of constituting it, was 10
ton at the time of it's adoption In that sense such
terms were probably first used; in that sense they
were certainly afterwards understood and heinz
adopted In that sense, their Specification should ever
Afterwards remain unchanged. II this is not so
then indeed Is the Constitution mere nose OF wax
VII en- may be pressed any shape not only by de-
s'gang and ambitious statesmen but nv every drvsI
ling phIloiogIst or moon-struck mataphgsicjan who
may choose to aniusc himself by Il dissertation nnon
the ever-varyIng meaning of words
b Trying the provision | am nav consdcrinn hv
TINS tnic, nsli ct ever honorable Senator here
PRESENT. any doubt did exis, anonr tho pco
pie OF the State he represents, the the i:,p
OF the terms vacancy IN Office Throghout our
whole land, their meaning was and is the same
Every where, and at all times, except in vonds,
pubic edIhces, they have been idered ne tenot.
ing IN actually existing Office, which having been
once filed by some has afterwards LOST i,s IN
cumbent, and IS so mode vacant. The idea Of &C
tuaI vacancy, IN mare possible Offices which never
had been, and never might be- filled, 10 much too
s1btie to have been suggested by Tho wisdom which
dictated, and much too refined for the common ,ensa
that adopted this Constitution. Original eyisting
vacancy, m uon-eXistlng and merely po;e Ia off,
ces, like original sin, is mystery. Faith in re-
vela'ion may "bi'ge us to adopt the belief of he
latter, bat each surpasses the powers of unaided b
man reason and II we yield assent TO the former
IKE good Catholics we must say, Craio quia ,mpo,
sibifo eR
II however, any doubt could st MS TO he me,
OF tins term vacancy" when regarded alone. al
such doubt must vanish when we examine its con,cyt
consider IN connexion with The other words with
which VIC hnd 1t here associated In the Constitution
Accp,dihg 10 these' 1T Is not euTy vacancy which
the President may fill up without the advice and
consent OF the Senate, but such vacancies only as
may happen and which may happen too ''durinp
the recess Of the Senate Now ACCORDING m ,h
common adjudication of the term happen, ~ is never
applied to denote certain events but is applicable to
aenote such occurrences only as casually may pro.
ducc which are therefore either unforceeen. or il
seen possible III Themselves quite unccrt1in a,
TO the time Of their commemorative should ne,
speak revcren'y certainly should we say, that the
sun happens to rise that the tides hannrn To
change There is nothing foriuItous in these even,
they are forCscen. foreknown and must occur until
1t p'cases Hin who has ordained to chance the
order OF His own providence With rs little proprie
ty might we cay, TINT our chicfmag stFacy 6oppens
10 he cocvo, or the tenure Of judicial officers
happens to be during good behaviour. These thinps
too are pre- ordained, and must while The Con
stItu'Ion remains unatcred Yet VIC may wei saw
OF the death, rcsgGalInn removal or disability
of an officer. that il happens; because cvon where
the event is certain. the time OF It's occurrence is uu