Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1831-04-14

par; and such an usurpaton In th;s case was =,
direct and plain infringement Of tho privileges Of the
Senate, must be gross violation Of tho Constitution
In fragrant derogdtiou OF the rights Of this bpdy-To
the Senate, certainty owe apology, for the earnes
appeal made to them, to induce them to vindicate
mei violated tighis; prove themselves faithful depo.
STORIES oil the trusts conhded them by the Con
ton; aud never, by refusal to their prvsg
10 eountenancs the idea that they could be guilty OF
base surrender OF the rights conferred upon them by
the States they represent which rights conferred
are in truth but du les imposed by our con n,s
'hrr own wise purposes. This would be dereiietion
of duty on our part, which, however much il may be
"esred ny any other department OF the government,
could arcey hnd eation or apo osy here or else
where.
10 expressing these strong opuions, certainly nei-
tner measured or weighed the force OF the language
mt cessery to convey a ut if THE or any other hon.
oraoe have been pleased TO have iurnish
ed me With The pr'rer courtiy phrases in which
might have communicated my thoughts, l would will.
lngly have adop ed them, provided they would have
expressed my opinions with equal precision. doubt
mneh' however, whether should have escaped the
censure of the honorable Senator from, ouisians IL
had borrowed my terms ev, n from his own works er
from the prscedens furnished by the of som-
ofthose by whom the p esdent is now surrounded,
which speeches were delivered by them during the
Panama debate. President Jefferson, now 80 much
eulogzed by this honorable Senator, was not always
regarded by him, believe, entitled to such tncS
mia. One at lea., OF he acts of ,hi, President wa.
characterized by this Senator in language as unoua
ned az any have used; s. reference % the speeches
TO which have alluded, will furnish many exam
ed; and this too In relation to the utjec These
terms were then applied however to the assertions
OF President Adams, and have spoken of the acts of
rfesraent jackson; ct fempord mutdntur, although
The Constitutions remains the same.
But Sir let no one think that mean to iu.iv NJ,
even to excuse what have sad by the examples nj
others. or even of the President himself. My ju.tif.
cation. that whatever have said thought and IN Al,
which L. think Of the public acts of public men
feel myself at perfect liberty to speak here whenever
piops. occasion arises so to do. Ia this cae,
nave avciied IL il l could But the PresiJen,
mas chosen to present his application to this BODY
asking us 10 appropriate the money Of our con.ii,u.
ents, to redeem his pledge Of the pub,ic tah
pligh,ed without our sanction or any con.,i,u,ons
war'sn', end am called upon to approve the act
foreea mus to enquire into the character OF that which
mas been done am centralized speak Of i, as think
" meris have done SO; and in doing, have done
| but what my duty required.
Mr.. President, this debate has taken the precise
course which foresaw II woull take. The advo.
ces VI "s aprropa q, instead Of meeting or con,r
verung any position have main ain in reference tc
the proper construction ofthe Constitution have .,
1ea 20 justly what has been Gone by the precedents
."ey c'e, ana inc practice they wish show 10 have
oeen settled. The Senator from Louis,na all no
has expressed any doubt as 10 The corrsc,nes. ~ ,h
Interpretation which have given of the Constlu iop
AZ h'st Ihis doubt was rested upon an inyersIon and
transportation of the terms ed in the instrument,
ms attempt, however, seems to be abandoned bv him
anu ne now seeks to attain the object by
STOP where there s none. To this new proc, Ga for
| changing the meaning Of its provisions, | have mo
oher answer to give than ths-Biot out all The sons
anu oo'h the learned aud unlearned will replace the
ney now are, because they will still copcur in cad
ing the instrument as have read it, and in cons,rpin,
lis language as have construed il. According ,o n !;
CONSTRUCTION, repeat, the President alone NAV nomi.
nate, but by aud with The advice and consan ~ A.
senate only, can appoint to any office; and when va
Gancles happen during the recess Of the Senate the
ffesiden, alone may fill up such vacancies by tsmpo a.
~ commissions oniy-Here will Leave this an yes
ell doubt confident that it will never ripen into
ana "here but in some hot.bed pre- 10 force is
growth unna,u ay " 'e I've
The Senator from Lou sana next draws di.,ir,,;o,
between me power Of the President to make Treaties
ana MS power 10 make appoint nts to offce-Tbis
~ ne seeks 10 support, by reference to the
nv "e mas CIT o. This distinction is certainly
""'-h 10 De GUS at ALL il must be by the for cs
OF presidents only for the words OF the eopstu inn a.
eSPe'.y restrain the one power, they do the her
anu IN precisely the mode. Each of tbess
Is given to the President, but ia the v,rv grant M
'ney are both required 10 be- exercised by him oh,
| a"o WIN the advice and consent of Senate" univ.
Trs,nes ' ' u,n'rence between them, is in making
Ies, he concurrence Of two-ihirds of the Senator'S
present. aud In makiUg appcn tine nts the concurren,
" mdJo'iy only is requiTed-Thsn, is il no, STRANGE
hs ~ .e very case where the Constitution imposes
be strongest restraint il should be con,ended ,ba nons
eH s' and u yet should be admitted tina, in the o,ba
a'e 'ue restraint Is efecual, although this restraint
- imposed by the same words repesIed in tba ,,a
next member If the same sentence,
bn'' cir, how are Treaties to be eeociated,
| ~ SUNS omcer OF The Government; and hi, whether
NY are negoc'a,ed 81 home or abroad For il ia AK
IN hat
ne VINO mas the commission OF the COVE rnment ybi.h
commission signed by its Chief
eu ny us great SEAL and whe rein is xRresseb ha, -
consideration oil the high confidence reposed in him
uori'y thereby given by him TO pledge our faith
honor Is not an officer OF the u SIS, ,b,. IN. CO.,.
uoh sun recurs, can the President alone wi hout III
wee aud consent OF the Senate create such An
say cfea ugh en- Cfiics, for when the Conmosion
grained 10 negotiate Trea'y abroad with na,ion
:" ~oo'e Court we have never had any Sentative
the once Is created; for as have sbewn ,bs,a =; -
lot saying tina such office is then vacant mr.
ha' ,ne President, in max Dg the appointments 4, T.
merely Milling up vacancy, and vacancy ubich b..
happened too during the recess of the Senate Nu H.
senator from louisiana admits that a. a Presdsn, -,
cannon ca, make AZ original appointment to anv oH;o
"ha' lheh Incomes Of his Distinction bet,vss H. 80
"eI Tue PRESIDENT TO make Treaties ard his powar
~ aks appointments, 10 all cases where 10 MAKE a
men,! ~ "'S""t appoint
or, Inc presidents may be searched from Tho b;u
" rs government TO the day Of the date of The Tu,k
-" 'eA'y, anu but lew cases will he found Of Tr.aty
oy any other than diplomatic officer Of tba
~ . "hose apr :intment, If an original appointment
nsu no, been made by and with the advice and consan,
OF the Senate The few cases exs,ioy in Which ~;
aoes no appear, are ehar cases occurring fagront
Oeto WITH he power treated with, or c,ses of com
pcss entered into wi Iiratea ordes or savage ,;h
me dependents or tributaries OF your own or Of some
other SOW reiguiy. All The referred IN h
~, oend'or rom Louisiana, are Of this descripion
ese Pecedepts therefore, do moi touch or sppIv IN
ne que.ion. have discus. ed and which 4, prssen,
eu I'D ms case, unless prepared 10 saw that the
"epies OF war, justly the practice of peacp or tbs,
me usSges which necessity requires to be adopted in
'' I'ereourse with Barbarian powers and dependant