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

strucon of the constitution, the President in my o.
pnlon, has authority given 10 him, TO fill up such
cancy, during the Sir as i'm all human trans
actions, we can reason only from what We know; and
know but little OF facts except through evidence,
are generally constrained TO substitute this evidence
Tor the facts 1t tends TO establish II is this imperfe cou
OF our nature, which often prevents from regarding
as facts, what are not shown to to be such, and
bges us to assert the truth of What is satisfactorily
proved, aho the fact established may be most false
Hence, think it fair TO say, that vacancy not
known 10 exist does not exist Tor any OF the purposes
oil the Constitutions and when known, il does exist and
not until then, be that when il may.-f any Senator
should die, during the session Of the Legislature OF the
State he represented but the fact OF his death could
mot be communicated 10 that Legislature while il
unued IN session, take il for granted that the Execu
1--WE oil the State might supply this vacancy, by tenn
porary appointment. say this, IN the spirit OF the
constitution, whose obvious purpose il is, keep the
seats in this House always filed, by the Legislatures
oil The States here represented, where they have
opportunity to fill them, but By temporary appointments
from the Executive of these sites, in all where
the Legislatures have had no such opportunity. And
the parallel perfect, think, between the power the
Executive OF State in one case aud that of the Pre-
sident in the other.
Mr.. President, have presented to the Senate
my views OF the Constitution. Tar applies to the
matter before us. IL am right in these views, all
must agree with that the power exercised by the
President upon this OCCASION was without warrant and
therefore, unlawful; that il is manifest violation of
the rights oil the Senate; and If the act done with
that view il is fragrant usurpaon of their constitul
uonal powers. feel very confident that no one here
will conroveI sngls position have stated. have
advanced nothing but have merely repeated the
arguments which urged here in 1926 during the dis
cussioh OF the memorable Panama subject when this
identical question arose, and fully examined. Up
on that OCCASION by Senators of great ability
who instead OF controverng this construction Of the
Constitution sought 10 avoid it, by relying upon what
they called the precede nts. The same course NAV
possibly be pursued again. Its proper therefore, that
should presen. some suggestions TO the Senate, upon
this subject also
S!i, from the hsst momen was capable OF forming
an oP'nsn Ter NY Ell upon eny political que ston,
I'll this hour, hay. Always raised my voice az ainst
that SORT OF argumrn', which, in government founded
upon written Cons uton, re ks to infer authority
To- he Goveruois from their practices. This arr
gument Qf, Indeed. il deserves such a usme) is rot
tour; tor WI H. IL 'lns the benefit OF all affirmative
cases, II slows no weight 10 hose which ere mega
i've mere y. The omission TO ex.r' any power for
century, although opportunities and proper for it's
esercie p,ay bavs hourly occurred during all that
time, weighs To- as even tie dust in he balance,
az inst ,ts &C ua exsr ion III Lgle ns The
Rument Is dangerous too, in s sAtrsmr. The small
est fsurs, nls uiios ally made in the Constitution,
during The daIke,t hout OF some dtowy midnight ses-
sion, to let 10 some pit my toe gnicant TO
tract or to merit attention, by the force OF his argu
meht, is soon wdeued and made horribly yawring
er'vdsse, through winch flood must day rush in,
10 deiuee our fair land Deeds done in Aouents high
party sxeemeni o. duiing the tour OF dsueer the
State, when The safsly OF the people IL tn Law,
by the force OF this afgume becoue The parents Of im
lar scis, in other and different diaes was thus the
dictatorship was made p.rpetuaI in RJme AID the
same means cannot fail in tins, TO produce sem, such
eslamious even hsTs IL shall psveI have any force
with ne.-TLus far aud TO further, auI | " ,lling 10
allow auy weight 10 TIE argument founded upon
ceden,s merely. when any OF the provisions OF the
Constitution are of doubtful import, aad questions sris-
Ing under tuch provisions, have been fully aud openly
Examined Ihat The people have tat fair opegrtu-
nifty to uLdr.,and tLer bcarmg AID ir6ueuce the
decision OF 81 such questions, il efetwstd, scoui.
esced IN gensray, sns be disposed tv pect lot,
howevsr as couieFfiug power tul IS siinp, clara
tory 1T the tue construction at ambi nous pate OF
the Cous tuition, under VIII c. Cons,tu TO-. aiou, pow
er can ever be WOJeriy Claimed
la tEis case, there exists occasion Tor tless eau
items aud rese;ya on.. Du Jag the discussion OF ths
Pan subj look INFO all ths pt, .,ients
Every case OF any original apponlms ~ mace bya
President during the OF the Senate, from tho
first establishment OF tbs Government, to that day,
Was then lad briofe us, IN document that re-
mains On our files. Each OF tn cases was then
carefully examined and 1t is such az examination,
which jusihes me, think In saying, that not one OF
them an opsriy be considered d, pre- edent for
which we now examining. IL IL true, that a SUI
pc, fetal examination OF some OF IN, se cases, NAV
seem TO justify different iDon But il any one will
take the trouble OF tracing such 10 other origin
and will inform himself OF the state of things existing
at the time of their occurrence, repeat, that not one
OF them will be found to apply here-I will not fatigue
the Senate, by reference 10 these cases now-Their
true character and history was given in the debate upon
the occasion referred to; and TO tina debate of re-
cord in your Register / refer all those who may feel
any wish TO consult IT. Our journals furnish us, how
ever, with four cases. which have bearing direct
upon the matter now before us, that will take the
liberty 10 state them.
Tie frs, OF these occurred during tbs sdminlsras
liVn oil MIR Jeferson, who, during the recess Of tbs
Senate, undertook Ia make original appoinmep Mt of
a Minister 10 Russii TO which Court we had not be-
fore any Minister. Tie nomination Of this Min.
lister afterwards laid before the Senate whe ID thew
convened, accompanied toy long letter of the Presi.
DENTS settling iofa the reasons which had iuduced
him TO make ,ueh an appointment. The Senate con-
sdered The subject very natufsly SCENE and nal
ly refused TO awe their consent 10 the appcinmeu-
This fcheme was then abandoned as IL resum-
ell for many years Afterwards until was revived by
Mr. NJ adsop, acting then by and with the advice and
eonfent Of The Senate. refer 10 this case TO shew
the idea then I'd ty the Ssnate as TO their
righi o be consulted by The President in all cases
wherein 1t proposed 10 eit.blifh new diplomatic
relations, with any nation, with which nom such had
pre- viously existed and 10 sbew the GcQescence Of
ihe Executive In this determination.
The next case ooeuUel 10 1914, v hen, during tho
rsces Of the Senate, aud 'GagrGnte beLO" President
adison sent three addition al Minister, to unite In
the ne soatioDs al Client, with The two here prsvi-
ously appointed by lin, by ADD vi The fdyice and
consent Of The Senate. TGese appointments were laid
before The Senate al their next sts'oD, when The
ercise OF this power by the Prssilnt duriD tbs
OF the SeEae csllrd ft1 that able aud eloquent
Protest against il, which was submitted by Mr. Gore,
then Senator from Massachusetts,, and which read
10 the Senate when frs. adGrt ssed them. IL is true
this Protest was never acted upon dehuiiively. But
we ali remember The state OF Lings then existing and
the conduct OF the Senate, In avoiding any decision Of
mi, matter at that time, niess most distinctly what
" as the option lheD entertained VI the majority had
even doubted, this Protest wou d have been Tejes ed
al once. But az its adoption would have been highly
ice al Ilai ISIS affairs; aud its rel Sc
ton would have been abandonment Of the consiltu-
oual rights Of the SsEae, they very prudsniy poet