Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1831-04-25

met by senators OF great ability who ,nstead n
b con'ioveri'ng this construction Of the consiitu
non' sought to avoid IL, by relying upon wha
'hey called The pIecedents. The snme cours,
0 may possibly be pursued again IL is proper
therefore, that | should present some sup
ges,ions 10 the Senate, upon this subject also
Oh, IRON The hrsi moDent | was capable o
forming an opinion for my self upon any poIiti
sal question:, until this hour, have always rails
ed my voice against that sort of argument
when, ~ government founded upona writ
Ten Constitution, seeks TO infer auth ority for
me governors from their owa practices This
argument (if indeed IL deserves such A name)
IS not fair; Tor. wbilo claims the benefit of iii
sfhina'lVe eases, 1t allows no weigh 10 those
which are negative merely. The omission TO
exert any power Tor u century, although op.
portuni'iesht aud pr oper for its exercise may
nave hourly Occurred during all that time.
weighs not as even the dust in the balance
against its actual exer,ioa 10 a single instance
he argument is dangerous to- in the extreme.
The smallest insure INDEPENDENTLY made in
the Constitution, during the darkest hour oil
some drowsy midnight session, to Let IN
| some pigmy case, TOO ins gniicani TO attract OF
! 10 merit atteniio1, by the force Of this aeu-
meni, Is soon widencd and made a horribl,
yawnlng creraSse, through which food must
one day rush IN TO deiuge our fur land. Deeds
done IN moments Of high party excitement,
or during the hour of danger 10 tue State
-" hen the safety OF The Peope 10 the supie me
law, by the force oi,hls argument become the
parents similar acts, in other and different
| times. II Was thus tue Dictatorship was made
perpetual Ia R5me; and the same means
caonot fail, IN time, TO produce some such
calamitous event here, Ii shall never I'VE any
lorce with me. Thus Tar and no farther, aul
wiling 10 allo" any weight TO the argument
founded upon the presidents merely. When
any of the provisions Of The Constitution are OF
doubtful lmPolt, and questions Arising under
such provisions have been iully aud open.
ly examined, so that the People have had
fair opportunity TO understand heir bearing
aud influence, the decision OF all such questions,
II afterwards acquesced in, generally, ! shall
oe disposed 10 respect not, however, no
Conltrrieg power, bui as SIMPLY deelaraioiy Of
the irue construction OF All Ambiguous part o.
The ConslliutIon, under which Constitution
alone pow ca can 'yer be properly claimed.
In this case there exists no occa,ion ior these
cautions aud reservations. During the discus
son OF he Panama subject, we looked into all
he precedents. Every case Of any original
appointment, made by a President during the
recess of the senate, from the Grst establish
ment Of this government 10 that day, was then
laid before Us, IN document that now remains
on on, flies. Each Of these cases was then care
fully examined and il is such an examination
which justites me. think, in saying, that rol
Joe of them can properly be considered as a
precedent for thai which we are now examin.
ing. Ii is true, THAT superficial examination
VI some of these cases may seem TO JUSTLY a
different opinion. But If any tne " i'll lake the
trouble Of tracing such cases ~ ihrif origin.
aud will inform himself vi the state OF
thugs existing at the time Of their occurrence.
II. et,. l.. r..
apply here. will not fatigue the Senate by refer
tnce O these cases now their true character T.
history was gwen in the debate upon the oc
cssion referred to and 10 that debate, now OF
record in your Register reer all those who
NAV feel any wish to consult il. Our journals
furnish us, however, With four cases, which
have a bearing SO direct upon The matter now
before us, that / will take the liberty TO state
them.
Tue frst of these occurred during the adj
minislration OF Mr.. Jefferson, who. during the
recess OF the S.nate undertook TO make an
orignal appointment OF minister TO Russa, 10
which Court We had not before sent any Min
isteI. The nomination Of this Minister vas
afterwards lad before the Senate, when they
convened, accompanied by letter OF the Presi-
dents, setting forth the reasons which had
induced him to make such AN appoiu tment.
Tne Senate considered the subject very mature-
" i, seems, and finally refused to give tbeie
consent TO the appointment. This scheme was
thea abandoned: nor was II resumed tor many
years Afterwards. until it was revived by MIR.
Madison, acting then oy aud with the advice
aud consent Of the Senate. refer 30 this case,
to show the idea then entertained by the Sen.
ate 10 their sigb, to be consulted by the Pre-
sideut. in all cases wherein il was proposed TO
establish new diplomatic relations with any
nation " it'll which none such had previously
existed aud TO shew the acquiescence OF the
Executive in this determination.
The next case occurred in 1914, when dur
ing the recess of the Senate, and +" fagrante
beLio," President Madison sent three additional
Ministers, TO unite in the equations al GheDt,
| " iih the Two hers previously appointed by
him. by and vii the advice aud consent oi
the Senate. These appointments were laid be-
fore the Senate at their next session, when the
| exercise of this power ny the presidcdi. during
| the recess OF the Senate, called forth That able
| aud eloquent Protest against which was sub
| mitted by MIR. Gore, then Senator tom Mas
sacbusetis. and which iead to the Senate
when frs, addressed them. III is tue this Pro
test was never acted upon defnhively. But we
all remember The st ale OF things thea exn,mg
! and the conduct Of the Senate, IN avoiding any
| DE- c,sion of this matter at thal time, manifest
| most distinctly what was The opinion tnen en-
! tertalneu. III Tue uloJoh'ay nav w" N"N-S'~S
hi, Protest would have been rejected al once
Rul az i,s adoptloh would have been highly
ine1pedien, at ,ha, crisis in our affairs, and IN
| r.;sr,ion would have been an abandonment u
ne cous,i,u,ional rights of the Senate, they
very pruden,ly postponed the consideration Q
the subject. ,.,.,;o.
| Nexl CONES the case of the new epubl'cs
in South America. Every body know what wal
The state OF public sentiment upon TINS SUD
sect. Mr.. Monroe, the President, was bese
ON all sides. aud most earnestly importunet
70 comply with the wishes OF these States "
sending Ministers to tuem, But although de
sirous 10 DO 30, he nevertheless '.eaahy 'e''s
ed, until he had previously saoh"a'eu '"e NV
1 ;sct 10 Congress, and had obtained the assoc
of both Houses Then, and not until the"
did he despatch the Ministers, which were az
.n;n,sd bv and win the advice and consent q
the Senate. ,ooe ,,,,h. pa