Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-04-15
For THE RICHMOND WING.

Over your signature an article appears IN the klcl
mond Enquirer of the 5th April You unknown
to me; but you have presented yourself before the
public and, of subjected yourself to the Just
criticism of all, who shall choose to examine yonr
opinions These opinions, [ consider erroneous,
and calculated to mslcad the public mind unless they
be analazcd an dexposed l respectfully take leave
10 do this
With the Presidents motives and patriotism, in
causing treaty to be made with the Turkish Go
venment. have nothing to do, and, if you will par
don me, think you had just as little If the mode,
and manner, of appointing commissioners, or whate
yer else you may choose to call those who made the
treaty, cannot be justified by the Constitution, you
will find it difficult 10 justify the President by any
appeal to public faeiDg. If the supreme written
law of the land, fail in his vlndcatlon you will in
VAN appeal to the moral law. Written constitutions
of value, if they liable to any change, and
all changes which the conscience of PRESIDE:
shall or may require The wisdom of our ancestors
has left nothing to discretion upon the subject of
public officers, except to the individuals whom the
President shall choose to nominate to office: The
manner OF putting these individuals into office, is
plainly prescribed in the Constitution, and no Presi-
dent can change it with due regard 10 his oath of
Office. Taking 1T for granted, that your appeal to
feeling of little quence, proceed TO examine
your constitutional doctrines.
You say, that treaty with u fore On nation may
be consummate ed without any negotiation; and in II
lusrallon, you ask ''if treaty BE- proposed to the
President by foreign power, which had not been
negotiated by any agent, the part of the United
States would it be in the constitutional power of
the President to send TO the Senae for ratification"
Phe is no-and the reason for this is,
that such paper by no means entitled to the
of treaty Treaty means negotiation, act of treat
ing, compact or accommodation relating public
AFFAIRS These things plainly imply, mutual agency
of the parties, and of course require than
person in forming it. The President, therefore, in
my humble judgment, would have no constitutional
right to lay such paper, you have supposed before
the Senate, treaty. for their notifications although
it is true, that he may make any respectful commu
ncaton to that body, and ask their advice upon points
which he shall submit The case put. too, is an ex-
IRENE one, and by no means calculated to develope
the plain meaning of the Constitution
Your next proposition is, that, although the Presi-
dent required by the Constitution, to nominate to
the Senate all public ministers, he is not bound
nominate to that body secret commissioner. Let us
see what the Constitution says upon this subject
The second clause of the second section of the
second article, is in these words-"He 1.-THE Pre-
sident) shall have power, by and with the advice
"and consent of the Senate to make treaties
"provded thirds of the Senators present concur;
che shall nominate, and by and with the advice and
consent of the Senate shall appoint ambassadors
'and other public ministers, consuls, and Judges of
'the supreme court and all other officers the Uni
:ted States, whose appointments otherwise
Hprovided for, and which shall be established by law
'But the Congress may, by law, vest the appointment
''of such officers they think proper, in the Pr
dent alone, in the of law, in the heads of
departments "
In giving to this part of the Constitution PLAN
interpretation he that is free from the influence of
party, would say, that the word public, has been
perverted by you INTO meaning not intended by the
wise trainers of the instrument. a candid mind will
probably say, that the word public it is here used
IN the Constitution does relate to the character
of the agent, but TO the consequences of his agency
The Constitution plainly meaoS that the appoint
ment of all persons, who designed act for the
public benefit, the President shall nominate such
persons to the Senate If a contrary opinion should
prevail, then it will be in the power of P esdent,
to call any appointment he may choose to make,
secret agency; and thus put of The power of the
Senate, to check him in reward ne partizan; though
he may be felCn. If the President may form trea-
ty with Turkey, by means of secret agency, why
may he not do the thing with England,
France, and all other foreign nations? Wonders IN
politics, shelving themselves every day in these
United States: and that which will be little won
GroUs. will be dissolution of tie Union. The tenn
per Of the times plainly point to this disastrous event.
the Constitution violated every day, for the hum
bic and serve purpose, Of sustaining men, in disre-
gard of principle: too, who are unworthy of
support IN every view in which they be placed.
When Mr. Adams, by his message to Congress, simply
told the American people that he believed the appoint
ment Of Panama commissioners, was embraced IN eX
ecutve powers alone; yet, that he chose to submit
nomination to the Senate, the whole combina; ion
denounced the sentiment and the man, IN terms as
cruel as they were OpDrObrlous. Nrne was more
prominent than Mr.. nazewe in that deuumcation.
Now, that Gen Jackson has carried out Nj Adams
sentiment into practice, the combination, with MIR.
Tazewell at their head say many kind things as
opposition will allow them. They obliged to
condemn the act, to be sure, but then, they believe
it was very innocent mistake, like Mr. Barrys
Post Office frauds, and that it done with he
most patriotic motives, &c. &c. Now, that Mr..
Iazewell is called upon to take the same ground
agalnst General Jackson that he took against Mr..
Adams all we can get from him is, a cool constu-
tional argumen. The nan who committed the
wrong, 10 left untouched, though he touched Mr.
Adams with his heaviest hand This same Mr.
TazoweIl is so mnch afraid Of aiding the present
excitement, that he will not even accept dinner
invitation, lest something nigh, grow ont Of if. in
iu:ious to the interest of Gen. Jackson. Away with
such pale faced politicians From them the country
can never derive good. Henry Clay never would
pursue such course Virginia, never so much as
Mt the present moment, required the aid and advice
Of her talented and independent Sons; and where
can che so naturally look for it, as from her Sera
tors? Yet they Will not give it They will in all
probability, still go for Jackson, though they both