Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-04-29
rte constitutional 12Ittp.
20 rnr Eprrons or rus Vine.


gushcd Soma, or, denying he power Of tho President
OF INC Uncd Sta cs To originate mission: and not
withsandIng this, aui compelled to say, that nm
slill unconviuccd To assert this am sure VIII, IN
the estimation of many. bc deemed somewhat arrn-
gant, and IN that of others, savouring little OF
ots,nacy. These ! prepared TO hear expressed
n~ains, mo, aud yet will venture ~ write ont the
reasons of my opinion and To pulls them to the
world, # you will 81 far aid as TO insert them IN
your paper
Whilst | dissent from Tie hon. Senator, in tho
conclusion he aims at because his reasoning has not
unmovcd my former communication hat sue b n pow
or vested IN tho resident, cannot but express
my admiration ofhi consistency and his devotion to
VIVA, he considers the construction OF the couStiiu
ton. There were no doubt many reasons which
would have operated with mere partiZan. circun-
sanccd rs he was. to remain silent he however pre-
crred his country his party and for this deserves
and shall receive my warmest appreciation.
TIE hon. Senator, III his usual emphatic style, de-
nias the President the right, in time OF peace, IN
the recess of the Senate, commission mlpister to
any Court, with which the United States heretofore
had no diplomatic relations. /, is from this PROPOSE
ton that diss nj.
The clauses Tho constitution bearing on this qucs
ton arc these: lie shall have power. by s. with the
advicc and consent of he Senate, Ike treaties
provided wo thirds of the Senators present
land he shall nominate and by and with the advice
land consent of the Senate shall appoint enbas sa-
"dors, other public pinis ers and coDsus, Judges Of
'the Supreme Court, and all Of her officers. whose ap
"pontments are not herein otherwise provided for,
"and which shall be established by law"
The President shall have power 10 IN M oil "a.
Cnrc'cS th0t m happen during the Of the
Senate, by granting commissions which shall expire
{ 1t the end of their next session
As 1t Is my purpose, or at any rate desire. mot
10 jump from my premises to my ccncluson," will
'ndeavor TO move step by step in the argument, in
order that my path may be distinctly rac ed. and my
course. if erroneous exposed. Truth and ruth only.
l seek in thu investigation.
The Federal Government vas thu creature of
no MI IL ,.,,t 81. Il,
Of he President. Vice President. and the members
Of the Senate and House of Representatives. Their
election by the people and the legislature Of the
States first gave form to the confaderatcd Union
This was contemplated as the commencement Of
tho Government by the trainers Of the constitution
1t had however been foresecn that these officers
we're not alone sufficient TO administer the government
Power by he Constitution was. therefore. given them
or some of them, TO appoint the other officers This
Is contained in the clause above written, Which |
vill now examine. 1t contemplates
list. The filing up OF such Offices as were created
by the constitution itself OF tins kind are the
Judgships Of the Supreme Court. Thrso officers
were created by the first section of tho ;rd article
which declares, 'thst the judicial power shn be
vested in Supreme Court &C."
end. class, whose offices were not created bv
the constitution, but were TO be csa 5lIshed bv aw
that Is oy statute. Most of our Domestic Eyrcu,iye
officers (snys Mr Tozwcll) are examples of this
kind .
| admit, with the Honorable Senator, that the
could
be filed without previous law. "Fo. (says hey
until the passage OF the of Congress- how could
he (the Presidency know what number of Judges 20
appoInt-what would be their saarcs-when thew
were To convenc-What might be the duties reuuired
Of them, what the rules 10 regulate their process
and pleadings' Nay, By what other meanscould
the court have been supplied with clerk a marshal
or any other ministerial officer Indispcnsably ne
cessary TO the proper performance Of their fuuetons?"
] make this admission, not for al the reasons
assigned by h Tazewe, but for one onIy
that the namtr of Judges was left indefinite BIZ
ihs constitution If tho member had been Ak
cd, th- President conld Immediately have made
the Nominations, and the Senate might have
confirmed them. Their pay, the place of their
meeting, their GueF, their rules OF process and
pleading their clerks, marshal and other ministerial
officers might all have been regulated and establish
GU INST as well by subsequent as by previous
statute. Nay, maintain that If the Judiciary BIZ
was now repealed in toto, the Judges ond continue
10 hold their Office though to be sure, it wond be
very poor, idle and pageantIess one.
we, hsweyer' agree IN this, that neithefsthe first
nor second class OF Offices could DC flied without
previous act of Congress, that is previous .tttue
made by both Houses of Congress This previous
action of the Senate and House of Representatives,,
IN both classes, IL reqUreitr 10 filing The office In
tho first in prescribing the number Of Judges and IN
tho second ~ creating the Office itself
ole shall nominate and by and with tho advise
aud consent of the Senate shall appoint dubossmiors
other public ministers and cOrSuis" To which class
.
Offices require the previous action Of both Houses Of
Congress: This is the question: The important Ques-
ji0n, nay the basement question Of this controversy
u this settled in the negative the edice rs sure
u otherwise 1t VIII be built upon sandy foundation. |
Docs the appointment Eof ambassadors, other !
public ministers and consuls, require the previous
action of both Houses Of Congress- Isit absolutely
necessary that bill should pass the House Of Re
prescntatIves creating the Office, before the Presl-
don't and Senate can send minister abroad This !
has never been maintained and cannot be maintained |
without destroying the exclusive character Of the |
power vested IN the President and Senate to ma Ike |
treaties The very moment the House Of Rcpresen-
il.rs con s"y to the President and SVuatc vow
cannot send minister abroad without preTiousiy
consulting us, the power of max NJ treaties and con
dlciinr The foreign diplomacy Of The country Is no
longer c%rlu-Iyrly vested IN hem--tho House Of Re-
prcseniaycs from that instant become sharers Of it,
Taking 1t flr granted, therefore that the previous
ociion of the House of Represcn atvcs is necessa- |
~ to send ambassadors other public ministers
abroad ask hoV the Office CREATOR l. is not Gre
ned by statute, and Mr.. Tazcwcll admits it is not
a.