Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-04-12

ne a
"eeh more ihan Infatuated by eome that this vast now
Ter VIII De lodged Ia The ticren OF the Pre- side NJ;
atu 'ha' we should have so much conf fence in tho
wisdom and virtue # this officer as 10 believe tha,
I've power will 10 b. abused or exercised
Sir never have had, ard never can have so much
cobhdence in any esileut n, w;Ii,slv 10 r,p6ds Al
nls unchecked discretion. any important rover with
even hope ihai 1t viii no. he sbustd L. i, in the
nature oil man TO covet power, aud TO abus that which
hs has, IN order u acqure mere; of al lorns of
government this elective monarchy OF Ours. is least
calculated o repress hs natural pr6cyity Of lis ter
potary ciei .caIy if he desires retain hs place
Tor another term. Confidence in The Gscrplon of their
Executive, has ever been the babe OF Republics from
NE earliest day; ard speak in The spirit of our own
- Institution when say, that ins'esd of such conf
uenee IL lDculeaies tisIust in every Inc. Under the
influence Of this spirit de MED claim 10 this ilen-
neal power, when it asserted hy the i'm m edia,s
p'edecessor OF the present Incumbent the Prseidsp-
uai ehah; ard underthe same i hIence, now deny
10 him. la the discreet exerci.e c all The powers
conferred upon him by the Con- iu iop lie ever has
had, aud ever shall have, my sincere anu cordial sun
por but whenever he cverst-p, the limit there re-
scribed, will oppose bs lawess scts with The same
Zeal and freedom, have heretofore manifested
upon other like eccs'eus. Has he done 50 in the in.
stance before us: Tits i, the question TO which 4
now invite the altenon OF tue Sspa,e
ME- P'eeitent, wha'ever may be the opinions OF
sous az TO tbs nhsrcat powers suppos. he ppi4y
ed by this cody, oheT depattm - of hi. govt
think we mus, ell sgc he III Exc cuIive ha no such
Inherent aud Undeened an horny. Az hs powers must
% dstvsi under express grant co tiane in the
Consiu ion, Inherent pawer in tim, would be but n
courtiy tim 10 deno.e rerogaGv,; aud The exercise
Ia, ~ lee
man mere u9ureaon l~t us than turn TO the char
'er,and zee lha, contains the Of any such
power, ss has been here txeried.
la true, thst he Is ction OF the 2 Arii,ls of
lie Constitution, vests in the Pfesdvn., "he Execu-
1--WE power aud equally tue, that tbs pawer which
has been exercised UPON this occasion. i. properly an
bSseu i've power Therefore, II there no oh.r
pr vision in the Cenut upon The sut &C, than this
Ne doubt would exis', that Tho President was there
by authorized to DO thst which be has done But the
Constitution does not sop harsYefy after this
general staEt OF the Executive power aud n the NEXT
section OF the seine article which contains The grant
'hs Constitution proceeds 10 check and restrain In,
power granted, by pre.c rbing the manner in which
alone the Pfesden mus, exercise i,.--Thus in the 81
Psgraraph eff the 2d Section OF the came 81 Article il
declares, that "hc shall have power, by aud with the
ADVICE erd copsen of the Sepa;e, 10 make treaties
provided two-thirds Of the Senator'S present con-
cur and then that 'he sh IL nominate, and by and with
ms aCvice and consent Of the Senate, .ha appoint
lasssdors, Other public ministers and consuls ndp.s of
he Supreme Couri,and all other acers OF the IT, State,
whose appointments are not herein otherwise p,ovidsd
or, and which shall be established by law - Hence
1 is obvious that Though The Executive power 4,
vestSd ~ the President alone he is expressly Inhibited
om making treaties, iii indeed that s an Executive
powet) appointing to any office of the United States
(Which certainly s sucb) wi bout In advice and cor
sent OF the Senate. But the officers ques ion never
have been Domina ed 20 the Senate or ha. ms RAJ,
advised or consented TO their appointment in apv way
-Isereore the &C, CT the Pre- eonierting thea
appointments without the Concurrence of the seosts
can oeriVe no sanction or support from lhis part of III
Constitution.
II this act be justified at all s Justification mus,
I. ne
wLich declares, that she President shall have
10 oil up all vacancies thet may happen during TIA
ecess oil the Senate By granting omziissions which
shall expire at The end II their next session Th;
is the only part CT the Cons iiu,ion which has r;, q,
or connezion with tho power in question. Let me then
in quire, whether The desired ius6c, ion can b g.,
here? 'u"u
The general rule, Is such 7 have read f,om
The Consn,u0n' that appointments to oifiee must 10
made oy 'he t,vsiden, "6y and with hs advice and
consent Tine Senate. Under this e. he President
alone has authority TO sppoint without ncmi
mating to the Senate than the Senate have to ADVISE
the appointment Of one no, nominated by him The
exception TO his rule, is contained in the clause hive
Just read. But TO bring The case within The pu,via,v
OF this exception ard take cut OF the operation
OF The rule, these three things must occur Tberc
must De rdcdncy-ths vacancy must have happened
and this happeung. must have taken place during
The recess OF me Ssnote. Unless all these things con
cur, the President ind no support for the
he has exercised, in thii exception. Now undertake
to show, that instead Of The concurrence of oil these
events, not cns of them existed on the IL h dav #
September 1929, when these apo n,men,s vera made
by the President alone.
MIR. President this Constitution was Certainly
intended by is authors te be exhibited to the people
10 he end that 1t might bs read and understood by
them, in order that when understood il snorovsd
u might he adopted by them, ! have ever b.iiaved
INA tue sFus rule OF consFuipg il, to give all
its familiar terms, their popular Specification a, the
time OF iis adoption. In that sense, such terms were
probably hrst used in that sense they w-rs certainly
afterwards understoo and being adopted in that sense
their Equalization should syec Afterwards rrlnain nn.
changed. this ia not then lode he Cousl,u-
ton " mere nose OF wax" which may lie pressed in
to any shape, not only by designing and ambitions
statesmen, but by every drjving philoosist or moon
struck meiaphysieian, Who may choose 10 snuse
himself by Cijserati,n upon The ever-varynR mean.
ing of words.
Trying The provision aUl now censdorisg bV tb;s
rule, ask OF every honoufabe S,nator here
any doubt ever did exist among the people OF the
STATE he represent, to the meaning of the farms
" vacancy IN 0fAce:" Throughout our whole land
their meaning Was and IL the same Every where
AID at all times, excep, in yondsr public sdises thew
havs been eonsideted as dsDsng an lly exis,ipg
ofiee, which having been once Sled by soma cause
has after wards lost its neu Dben and IL 20 made VA
can't The idea OF actual vacancy, ia mere possible
offices, which never had been. and psver m sh be-
hled, is much too subtle TO have bssn suggested by
The wisdom which dictated, and muck too refined for
The common sense that adopted this COnstituton. OIL
ginai exls'lns vacancy, ia non existing and merely
potential offices, like original sin IL mystery. Faith
10 revelation, may oblgs to adopt the belief OF the
latter, but each SURPRISES he powers OF unaidsd hu-
man reason snd II We yield assent To the former
like good Catholics must say, Crsdo 9uia inlposst
bile est.
II, however, any doubt could exist az 10 The msabIng
OF this term vacancy" when regA rded alone al
such d1ubi mus, vanish, when we examine its con-
text and eoniider it In Son with The ObeS words
with which fad 1t here associated in tho Copstu.
which the President may ST. up, without Ihs advice
and consent Of tho ssnas, but such vacancies only
" may hapPsn"--snd which may happen toe " during
the recess Of the Ssnais." Now, ac ordpg to the
common Specification Of the term happen It 10 never
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