Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1831-04-21

sed 20 be eaIoyei " thi. body. OF some Other
departments Of this Government, think W.
must all agree that the Executive has no such
inherent aud undrhued authority. All ms
powers must he derived under some ekpress
grant contained ~ the Constitution. inherent
power in hun, would be but n aonrlly term 10
denote prerogaIive and ihe exercise OF nns an.
granted authority by him, is nothing else thnn
mere usurpaiion Lrt us ihsn turn TO the
chatter, aud see IL th I con,ams the con
cessinn OF my such power, MS has besn here
eIeried
II is true. that The LIST Section of the 81 Ari-
/ Gle of the Constitution vests IN the President
3" the Executive power - and equally rue.
that the power which has bern exercised upon
this occasion. Is properly an Executive power.
/ Therefore. Ifihere was no other provision M
the Constitution upon the subject than TINS, no
doubt would exisi, that the President was
| thereby authorized 10 do that which ne hAs
done. But the Constitution does mol stop here.
Very soon alter this general grant OF The kx-
ecu,ive power. aud in the nexl section OF the
same article which CO SANS the gtnn', thu
Constitution ptooeeds 10 check aud restrain The
power ~ granted bv prescribing the manner
| 10 which alone the Presden, must exercise II !:
Thus, III Tie 81 paragraph oil the I'd sec
ton Of this same 2d Article, IL declares, thai
" he shall have power, by and vi Ia the advice
and consent vi The Senate, To make ireaues,
provided tNo-ihirds OF tie Senators present
concur : mud ihen, tha' a" he shall Nominate
aud by and With the advice and come OF The
Senate, shall appoint ambassadors, other public
ministers aud cpnsuls Judges OF the Supreme
Cour, aud all other officers OF the United
Safes hose Appointments are not herein
otherwise prov ided for, aud which shall br es
tablished b. law" Hence IL is obvious, thu
although the Executive power Ia vested Ia ihs
President alone, he Is expressly inhibited from
making treaties, az indeed thai ~ an Execu-
i've powef) or appointing TO any oilire ol The
United States, (Which certainly is such wilh-
out the advice aud consent oi tn Senate. But
tho oiIlCers in question nv have bren nomi-
mated 10 thu Senate nor has tina body advised
| OF consented 10 their appointment in any way
- III relore, tue ACT OF the President III confer
| IIDg these appointments ~lthoa, the concur
renee of to Senate, can derive m sanction
or support from this part of the Constitution.
| II this act can be justified al all, its usuh-
cation must be songhi tor in the noKt pa,a-
graph of this same section, hich declares. tina,
=" the President shall have power 10 fiji up all
vacancies that may happen during tue recess
| of til. Senate, by granting commissions VIII Gil
| shall expire at the end OF The next sess,or,
This is the only part Of he Co"s'uuiion. winch
has affinity 10, OF connexloo with the powe,
in question. LET INC then inquire, whetbHI
The desired Qualification eau be loun here.
The general rule is such, as | have read il
from the Constitution, tut appointments Ia
office mus be made by the President " by and
with the alVice and consent OF the Senate. "
| Under Ibis rule, The President alone, has no
more authority to appoint without nominating
| 10 the SENATE, Than the Sesato have
10 advise the appointment of one not
nomn ted by him The exception to
this rule is contain-d IN The clause | have
just read. But to bring the oasc within the
purvlt~ of his exception, and SO TO take II out
| of the operation OF the rule, these three thing
must occur - There mus be n sdcdHcg--this
vacancy mus, have happensd-nnd 'hIs hap
penine aust have taken place during the reeeA.
Of The Senate Unless oil these things coucar
III, President can ind no support lor The power
he has exercised, in this exception. No"
| | undertake 10 shew, that Instead OF The con
! curfepce Of all these events, not one OF then
existed on the L. IL day Of September, 1929
when these appointments were made ny thu
| Presideat glaDr.
Mr. Presideni, as this Constitution WIS GER
tsiny intended by IT'S ~, ho,s to b. exhibited
| o the People to the end that II might
lie read aud understood by them, 10 or
der hat when understood, If approved, II
mig be adopted By them, have ever oelle'-
| ed, that the trua rnie Of consIrnng H. WAS l.
give 10 all IL, familiar terms their popular sig :
MITIGATION nj thu Time Of (, adoption. In thai
ssnse such terms were probably first used IN
that seusr, they ~erc certainly ater"aids un-
d-tstood and being adopted ia hal sense. theH
| sign 6cat,o1 should ever afterwards remain
| unchanged, fins is not 50, than indeed IS
the Constitution Il mere nose Of wax, winch
may be pressed into any shape, not only by
A. IA
cry dwelling philrlogist or moon struck meta
physician, vino may choose 10 amuse h"msrlfbt
| dissertations upon the efeI.saiying mea"ias OF
words.
Trying the provision am cons dering by
| this rule, ask OF every honorable S'natnf
mere present, # any doubt ever dad east a
~ ong the peopla Of the Slafe he represents,
as 10 the meaning OF The terms vacancy IN
Office" Throughout our "bolr ladd, Their
meaning was aud rs the saDf .--Esery where,
and at all time. except In yoad,r public cdr
fees, they nayb berh CONSIDERED as demo.
ting an actually existing office, winch having
bpen once flied, by some cause mas Afterwards
lost irs Incumben', md i, SO made va act. Inc
idea OF actual vacancy, Va mere possible o.
fees winch never had been, and nerr tDighl
be Fl led, s much Two subtle 10 have been sng-
gesItd by the wisdom which dlGIded. aud
much too refined for me common sense tnat n
dopted this Constitution. Ongm i sting Va
cancy, in non existing, and merely potential
offices, like original sln, IS mystery, Faith
in revelation. may ObHge Us 10 adept tue
belief vi the lettr, but each surpasses thr
powers OF unaided human reason aud IL
We yield assent to I e former, hke good Caiho-
lies. we nut shy CredO gun i"posnoIe est.
II, hpweVer, a"y du"ot could eAio; aS to The
meaning of ms term vacancy" WHEN re-
tai. IA. hen
Ne Jxumne as conleh', AID consider 4 IN co.,
nexiou with The other words with which we
find II here associated IN the Constitution. At
cordng to ihesr, IL IS not every gacdnCy whIch
the Presiden, may Ill up without the advice
aud consent OF the SruaIe, but such vacancies
only as J." may happen '-and which may hap
Ln.. :. du1lng liz Iece.s of Tia atnAle. W Nov