Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-04-13
Gt,e Constitutional e2abtg.
Speech Of mr.. 7a1e,reW:

In this case there exists occasion for these
tons and reservations During the discussion of the
Panama subject. we looked into all the precedents.
Every Of any original appointment, made by Pre-
dent during the recess of the Senate, from the first
establishment OF this government to that day, was
then laid before in q document that now remains
on our files Each of these cases was then careful
ly examined; and it is such an examination which
justi6es me, think. in saying that not one of them
can properly be considered precedent for that
which we arc examining II 1t true, that
superficial, cxaminsti of some Of these may
acem to Justify different opinion. But If any
will take the trouble OF tracing such tn their
origin and will inform himself of the of things
at the time of their occurrence, repeat, that rot
one Of them will be found to apply here will not
fatigue the Scuae by refer 10 these cases
I1v; their true character and history was given In
the debate upon The occasion referred to- end To
that debate, of record III Regis er, refer
all those who may fael any wish 10 consult 1t. Our
journals furnish U.S. however, with four cases, which
have q bearing 50 direct upon tho matter nov be-
fore that will take the liberty to state them
The hrst of these occurred during the admins
tration of NJ. Jefferson, who during the OF
the Senate, undertook to make an original appoint
ment of q Minister to Russia, to which Cour;
had not before sent any Minister. The nomination
of this Minister was afterwards laid before The Sc
nate when they convened. accompanied by Tong
letter OF the Presidents, ting forth the reasons
which had induced HIM make such an appoint
inent. rhe Senate considered the subject very ma
turly i, seems and finally refused 10 give Their con-
srnt IL the appointment This scheme then
abandoned; nor was it resumed for many sears at
forwards. until it was revived by Mr. Madison.
ting then by aud with the adv cn aud Of he
Senate l refer to this case, t" shew the idea then
entertained by the Senate to ;hrir right In
be .ulted by the President, in all cases wherein
II proposed TO IS, sblsh diplomatic relations
with any nation with winch none such had previous
~ xis'ed and To shsw the acquicSccncc Of he Ey-
ecutIye IN tbs determination.
The n, occurred in 1914, when during the
recess of the Senate and '.f,gr1ne 6siio," P;esl-
dom ticnn cprf gj,r~o add al Issar
unre in the negOl stons at Client, with heitwo 9th
Crs previously appointed BY him, BY and with iEe
ADVICE and Consent of the Senate These appoint
ncnts laid before the Senate their next scs-
sion. when the rcise Of tins power by tic Pres-
dent, during the Of the Senate, called forth
that able and coquen, Protest against it. which was
submitted by Mr. Gore, then a 81 natOr from Mas
saChnset's. and which read to the Senate when
Grsi addressed them. IL is true, This Protest was
G'vsr acted upon delinltfvey. But al rcmen-
be- the state of things then eXistng and the conduct
= the Senate IN avoiding amy decision of his
tr a tina; time, aniests most distinctly what was
,,e epinion then entertained. Ii the ninorfy had
yer douh ed, this Protest would have been ice;
cd :. But ITS adoption would hav" brcn
shy inexpcd'rnt n this CRISIS in affairs, ard
Election would have been an Abandonment ri :he
:itctonn rights Of tho Senate, tkcv VERY nr!l-
IDENTIFY pos poncd the CONSIDERATION of he surlect
Next comes Ia" casn of the Republics in
South America. Every body knows wLai wa. the
state Of public sentiment uIOn this subject II.
Monroe, the President, was beset oil sides and
mot earnestly imporiuned TO comply with the
WISHES o these States by sending Ministers "a them
But although DESTROYS TO dos he nevertheless s,ea-
ly refused INIT he had previously Submit tn sub
iect 20 Congress, and had obtained the assent OF
both Houses. Then, and no, un'il then did he lbs
patch the Ministers, which were appnin,t, by and
"h seE asf hff9 eh z ~ he Panama
message This is IT 90 recent occurrence require
any comment 1t WILL suffice TO say that liz, teso-
luton then proposed, which dec!aratory of tbn
rights Of the Senate, and denird lie claim Of prosi
dom Adams to the power lie therein asserted to be-
hIs, was laid upon table, by a vote of a bare m,
jori,y of this body But many of Tho members Of
that mrj gritty. IN whose presence now sp,ak de-
clared at the time that they did Doubt thu rir!ts
OF the Senate to be such affirmed As bo;y
ever me PRESIDENT While asserting Contrary pow
er. had expressly waived It's exercise, and hcI sinh
m'ed his nominations to the Senate Tor heir ndyirn
the question was so reduced las they th0igli) -
MIRO abstraction, whIc: however proper to be dis.
c1Ssrd, 1t was not necessary then to decide
Ate! that time has occurred within the
knowledge OF the S"nuic until the present Fer
although M"ssrs Crane and Oflev, in 1897 rece,v.d
from Prcsfcnt Adams commission similar to this
yet hat fact was eau iOusly Gcncrn" I'D from the So,
nae. These Ministers never req cIed Constauponlc
and their appointment would not probably cyn,
have been brough TO light unless it had been fund
cxpcdIent now to refer TO II as precedent to Justify
what was afterwards done by the present Eyrcn;y:
And here sir let appeal the ndor of all those
honorable Senators who thought md acted with me
during The Panama discussion, to say, If they had
HhHwn that president Admins had secretly lrs.i
futed mission 10 Turkey, during he recess Of rIs
Senate, would they not have rcp,obatcd such an
act IN as strong terms a! least any used IN reIa
ton to his mere claim OF such power in the Pnna-
md case where the exercise Of the power asserted
WIS expressly waived by him. For INV pa [, know
should have done and Knowing this I canDo,
reconcile II to myself TO sit silent when the same
act has been done by another President. Whatever
changes may have taken place in The Executive the
Constitution remains the same the rights and duties
oi the Senate remain the and will strive 10
prevent the ono and to I'll the other
Inc cases to which have thus referred, spread
ing as they DO over a period oftwen,v-fvc wears
now istt past, ought 10 satisfy cYory one I think
that theprUvisons OF the Constitution and the nrac
nce OF the Government are IN strict accordanee
NJ all events they must sufficc To show thu,
even It other prccedeDts could be found much more
opposite than any which exists, they cannot prove
any uniform practice, any continuous chain of prc-
ceuonis, settling this question of power which
therefore, we mus consfler res tllegra and do
eide by a reference to The Constitution alone.