Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1831-04-25
CAST Congress-sd Session.
MR.. TAzEwELL's SPEECH.


have heard n single case suggested, TO
which, LAS il seem. to present difficulty TO
The minds Of scmr) must beg leave TO pay a
btde attention. have heard II asked, " the
Presideat may not fill up any vacancy ont one
that happens during the recess ct the Senate,
what would he the condition. Of the country, II
an office, which the public good requires to be
filed Immediately, should brcume vacant by
death or otherwise, happening during the ses.
son OF the Senate, and which event could not
be made known 60 the President until alter
our adjournment To this question ] have
several answers 10 give, either Ut whicb,to my
mind, Is quite satisfactory
Tue 6rsi is, that II is an extreme case, which
must be Of very rare occuirence,an the very
necessity Of which. whenever i, shall exist,
may we'll excuse the President for acting upon
il, even wihou, any direct authority SO to do.
But We should be very cautious bcs we give
assent 10 that species Of argument, Which
would infer the legaii,ylof authority in ordinary
cae. from mere i.ent acqni s,enee ~ ,ts exer-
cse WHEN under he pressure OF extraordinary
circumstances. cerininiy would not censnre
auy President, for making temporary appoint
msnt during the recess, in this supposed case,
even II thought he hsdno authority 50 to do,
proyided be LAID such appointment before the
Senate afterwards. have no idea, however,
oFbaving eveu nees ssary nruicines aominis-
Mred 10 me for my daily bread or OIL appIy
log this had law Of state necessity. wnich VIII
syerrue the constitution itself, 10 sue ordins-
~ trsnsactions as the case before us, in which
,hIs plea OF immediate necessity cannot have
lie slightest application.
NV second answer is, that according TO a
iaconstrnct on of the consl tuition, tue fresi-
dent in my opinion, has authority given to
limto Gil up such yacancv during the recess
sn, as in oil human transactions we can rea-
iOa only from What we know and know but
little OF facts except through evidence, we are
generally constrained to substitute thIs eVi'
deate for the fact il tends to establish. II IL
me Impereciop Of QUE nature which otisn
prevents US from regarding as facts, what are
not shrWnio US to be such, and oOliges US 10
astrt tue truth Ut what is satisfactorily proven
alaohgh the taci so Established may be mos
lalse Hence think iltair to say shat vacancy
hotknosn TO exist, does not exist Tor any OF Tue
purpose OIL the CONSTITUTION; o. when known, !
NOesexist, aud not until tnen, be that when y
nv II any Senator should die, during tht
'ss'pn OF the l. gislature OF tine State he ne
resented, but The tact Of his death could 40
communicated 10 the Legislature while ]
uOo,inued III session. l take il for granted, ha
"s Executive u the Sac might supply tins va
s,.l
n"s spirit ofthe Constitution, whose obvious
purpose as, 10 keep the SEATS IN this House
ssMa's hlled, ny the Legislatures Of the State
os REPRESENTED, Where they nave al
~. rpo' unity to fill them, bat by temporary ap
sv from the Executive OF these States u
sa. ss'es where the Legislature nave had IA
~ opportunity. Anu the parallel is perfect
S SUN between ,hs power of he Executive Q
il ga ae !" one Case, and that vi the Presiden
SAM, PRESIDENT, have now presented 10 tn
,s"1e my views for tue constitution, so far
rlsb huns 10 10 the matter before US. III al
ma, nv 'hsse views, all must agree with IN,
Nth. power exercised by the President VI
O,,. .,' occasion, was without warrant. an,
,ioIs'' Unlawful; that it is a NANTES
lie ~, u VI Toe tights OF the Senate aud
s.urna. was done viii that we ", II is 1agral
Eel ,a'' OF Their constitutional powers.
o.'y confident, that no one here will COZ
vance, vance, slael position haye stated. have a,
A'''las new, but have merely repeate