Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-07-07
To THE EprroRs OF THE WING.

Gentemen: Again your paper containing my
last communication did not reach as soon as
| 1t ought. For your prompt and kind attention to
that communication, thank you.
You say, 'the occasion for publishing my first
| communication has gone by. Mr.. Tho. w. Gilmer
has been appointed Commissioner by the Execu-
tive to prosecute the Revolutionary claims of Vir-
g'Ella on. the Government of the u. States"
here again we unfortunately differ III OPINION
The occasion has occurred afresh, in my opinion,
and that IN its strongest form (rom that very cir
cumstance) to refer to the subject in the objection
able light in which il then held up.
In the Sd art. 9Th sect. of the new constitution
OF Virginia is the following prohibition: stAnd no
Senator or Delegate SHALL during the term for
which he shall have been elected, be appointed to
any civil Office of profit under the commonwealth
which shall have been created, or the emolunents
OF which shall have been increased during such
term, except such offices may be filled by cleo
tons by the people"
Now, this is either one ofthe prohibited appoint
ments, or it is not. That it is tho first, / think,
you have given testimony yourselves that ought to
be entirely satisfactory You say in yotr first no.
tice of it, the Assembly ''having passed the act,
the fitness of Mr.. Gimer to fulfil the Office sug-
gested itself naturally and he accordingly re-
commended"
1t follows then, that he was either recommends
by minority who could not elect him or, if by
majority they at least doubted their constitutional
right to do In either way, it curns back to the
suspicion, or at least to the possibility of the very
Legislative GFce-makiHg, and electioneering man
oeuvre of self besowing, in the very worst way the
constitution intended to guard against and
as it was hoped in my first communication would
prove unfounded in the course therein suggested
and recommended
The propriety or benefits Of the law, give no pro-
priety 10 such mode of carrying it into effect but
the reverse. The more beneficial and proper the
law itself, the more likely to constitute prcce-
dent for less profitable, if net for more positive in
furious acts. What is to prevent every after Leg
islature, under such precedent, from multiplying
Offices the people, and though they cannot inn
mediotcLy, bestow them themselves. refer them
under their influential Legislative recommends
tons (such as you seem to approve of Messrs Edi-
| tors) to whom they may be thus bestowed on the
very CREATORS of those dependent besiotoerS7-
| Thence keeping up the very profitable game oil
| Stuttte-cock with offices at the peoples expence
| which whenever and by whoever done is entirely
contrary to what is right!
! That such transfer of the right of selection
| and appointment from the Immediate responsible
to the more irresponsible agents of the people ant
thereby rendering appointments which the Assem-
bly, could not make themselves, n0ruu1lly cOnsfit,
tional, after "thc term for which members yver
elected"-that is after the next election is but
poor salvo-u poor apology or sanction for thu
"whPping the D. and Constitution around tn
stump" ! before said They had lust as wei
whip the latter Of existence altorcthcr at oncc
r do not say that thisjs the fact with rcspcct +
this particular case, but hope and trust, the re
verse, l said in my first communication; bu
whenever SuCn iBHlStdtiFc cOnITlVanCeS and plot
z against the Constitution shall grow out Of sue
presidents, as they most assuredly will; then rC
peat, 1 said i'll my first address, that the corrur
electionecring intrigues-tho ''log-roiLjng syslcm
charged on Henry Clay and John Quincy Adams
II and their friends, have been fully adopted by m
Il pure and JOastcd Republicans Of Tireinia-crcJ
sire Jackson Constitutional adbercnfs o course =
r. Yes Of course of course -!
Yet there arc cases, readily admit, where CO
J, venience and other circumstances may render
p proper and right for tho principle Agents TO cons
= tute and appoint sub-agents, to select and ma
| appointments. But where tho Constitution poir
~ To express dsqualifcations and prohibitions to
fee through the medium Of such principal aren
who create the Offices and have the highest a
FIRST right to ill them then it is but mere evasi
Of such constitutional provision and security
IN transfer such appointments into other ham
ig IWhy the exception of "such Offices as may be
ed by elections by the people, but to mark enpR
ieGUy the true meaning Of the prohibition, and
q, theright rnciPle III such caEes7