Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-04-15

vorng to cast the shadow ofhis doubts unon m;ne
ana then rehukcs me for using the strong languaoa
ulu In expressing 1t. Sir, If could feel any Of
The doubts which this Senator has sought to ucner
ate, like him might regret the use OF stronS pLrn
ses to express an opinion of the correctness which
did not feel assured; but, entertaining no such
doubts, | have nothing to regret nothino to ex-
plain, and nothing to take back.
AND now, SIR, is this supposed doubt produced2
inc senator from Louisiana says that the Coasti-
luton is susceptible OF two different readings. One
that winch gave as L found it written and tho
other thls "'he President during the recess or Tho
Senate Shall have powerto fill up all vacancies that
T'ay happen.. According to this latter reading, he
.Aihhs II PROBABLE that the President would have
the right to do that which he has DONE Now sir
from whence does this honorable Senator derive an
thofity thus TO disocate the members of the SEN
fence, ana TO re arrange them according to his fam
cy! II he Is not bcund read the instrument as il
is written, he has the same power to amend if hv
the substitution of new words as by invertno the
order III which the old words are found so to rive
them 4 new sense. The gentleman cannot claim
he merit even OF originality for this invention. 1t
Is Certainly as old the days of Swift, in whose
amusing Pale of Tub we read that the same
device was practised upon the testament there men
toned The three brothers being bic to find
the permission they desired written therein fot;de,
u'ros sought for it totidem syiiaJis; NOT finding it
even then, they tried make out totidem iteris
and 1t was only when they failed in this too that
they found themselves under the necessity of chanp-
ing the photography. Had they lived in the present
day, they nigh have saved themselves much ,rou-
BILE, by merely altering the name of what thew
wished, and bestowing upon it some new denom-
inaton
Do not the Senate preceive what would be the eff
feet of this reading of the constitution if as the
Senator from Louisiana would persuade u.s. it was
permissible to adopt it, Read as it is written and
these words "durlng the recess of the Senate :"
denote the time within which the vacancy must han
pen, which vacancy the President clone is author,
zed to fill up but according this new reading these
words denote the time within which the President
may exert the power of filling the vacancy, happen
when 1t may. Then, the President would need but
to wait until the Senate adlourns and he would
AUTHORITY 10 fill up all vacancies Nav, should he
gracously please TO refer his appointments to the
Senate afterwards, and they should reject them in
stead OF watching lit occasion to re nominate the
President might wait for the adjournment and then
reapponi tn same individually and SO on totes QUOTES
to the end of the chapter more summary method
to divest the Senate OF all horty and invest the
PRESIDENT alone with commplete power over all ap-
pomtments could not well be devised-Instinct in
forms the very brues of their common danger and
of the quarter from whence may be expected; and
surely arguments such as this should put us upon
our guard.
An honorable Senator from Maryland, Mr. SsIrrul
tells us that he has ever been of opinion, the Pre-
sident might institute what missions he peases with
oct consulting the Senate, any body else-that
he so said and so voted, in the Panama case; and
tn refore shall so vote in this which is precisel
similar to that. This is all very true; and bear nv
willing testimony to the perfect consistency of that
I HOHOIaOlc oeHdLOf III THESE cases l wish l could
prevail upon hun, however, to convince nv friend
from Illinois, MIR KANE that these cases are precise
ly similar 1t would relieve very much if he
would do for feel sensibly the awkwardness of my
present position opposed on the one hand by those
opposed me III the Panama case, because this is the
same question there presented; and opposed on the
other, by those with whom | then agreed, because
this is not similar case 1t is not for me to recon
cile such cODtraraDt opinions. All | can DO is, to
oppose to the Senator from Maryland, the argument
urged in he Panama case, which agree with him
precisely similar to this aud endeavor to satisfy
my friend from Illinois, that his distinctions consti
tute 10 difference between the PRINCIPLES involved IN
each.
In what, sir, is any difference to be found between
the two cases 1t is true, that the mere asser-
ton of right to power the exercise of which was
waived at the very moment it was claimed; and this
Is the eXeron OF the same power then asserted mere
ly. But surely this barren claim aived when pre-
ferred, presents not so strong case as the actual
exercise of the very power then waived The two
cases although not similar in their facts, present he
same questions; and every argument applicable to the
one applies Jorti0ri to the other. The honora bic
Senator from Illinois, | am will not say, that be-
the set of ministers be sent to Pan
anna. and the other to ConsantIncpe, that this DIFF
ference OF their destination constitute any distnC-
/ ton between the principles of the cases Nor
will he say that because one set oil ministers were
sent to Congress of the ministers of several nations
and the other to single nation only, that this
matter ofnumbCr vary the question to the con-
situtional right of the President to appoint either
/ In what then does the difference consist?
The honorable Senator from illinois says, that in
the Panama the persons proposed to be dispatch
ed were to be Public ministers; but the persons ac-
tually sent in this case, were Commissioners only
Does he mean to say, that this change of a p
pella,ion, alters the thing named? The poet would
tell him. that ga rose by any other name would smell
as sweet" and am he would not agree, that
his hat not one, because many Of his towRsmen
call il a chGpenu-But see, Mr. President, what
broad gate is here also hoisted to let the food of
Executive power and patronage An act is forbid
den when called by Its true name, yet change but
the name, and the same act at once becomes justf-
able and proper. There might be some hope of an
end this, if those who seek to get power in this way
were constrained to tax their invention for new
names to denote OLE things, for there must be
some limit to human wit, "when the brains were
ost the thing might Diet Unfortunately, however.
the work is already done for them; and Secreta-
~ of State has but to turn to the index ofhis
! Code Diplomu;ique and he will there find long list
ofthe Of public fUnCt1onares, who have been
employed by different poten'ates. at various times
which list may serve as perennial fountain ofpower.
Let me give an example of the ease with which
this work may be done. The constitution authorizes
.t.z I'd 81