Daily Richmond Whig. [volume] (Richmond, Va.) 1828-1831, 1831-04-29
which can originate no mission, bull only con firm the
nomination. do not propose to enter into discu.

d.
to The Pres dent, though think they are numerous
and sound and Tint it could M, wellTnve been
ted any where else. ! coni"n: myself by showing
nn mstivtly that II does exist thu Prr~Gcnt, and
negatively that it exists no whore
The creation of DIP oInatic Offices ana the appoint
ment OF ministers are powers properly belonging 10
the Executive, and would have been granted To The
President by the single declaration III the Constitu-
ton, that "ihe Executive power shall be vested IN a
President Of the United States" but fr the rsstrc
tinns Contained IN the second section of that rnsru
nien'. THIS IS admitted by Mr.. Taz"weil Ue lays,
II is trrc hat the second section of tho second
article o! The Constitution vests III The President
"thr Executive power aud equally true that the
power which has been exercised utcn this occasion
is properly All executive power Therefore, Il there
was no other provision IN the Constitution upon tho
sablcct than tins, no dcub, Vould exist, tina; the
President hereby authorized to do tina which he
has done But the Constitution does sop here Very
AFTER this general Of the Executive power the 2d
co" oi the same article which contains the grant tho Con-
"t'on proceeds check and the power gtau,cd,
ny prescribing the which alone the President
exercise w The check and alluded 10 ny n Is the
clause before referred 10y ale shall nauinn's,
and ny aud with the advice aud Of the Senate hall
appoint Ambassadors, ether public Ministers, and Consu'
What check imposed by this clause, None
the power OF creating olf- bu, only that Of appointing
Thus far have progressed step by sep. have nearly
r'acned ,he conclusion he proposition that have now
t.. shed this that the power 10 create the Office public
Minister, vested the President. Al the
Office created: 1t simultaneously with the induction Of
the President the Executive Char and We, ii has
r'or 10 nomination When is first called nrirg, At
the moment the President signifies his determination send
embassy abroad he calls oe into existence TO and
hin, IN his executive duties
Suppose cxsency IL the of the Senate,
which nclne the President send Munster abroad; why
may he not create the Office forthwith Is there thing
inc tonstu'on requiring him only during the
sion: None lie determines to commission. This tetenrma
ton made known the Secretary STATE This Instantly
creates the Office No appointment hewevc made the
very momen What is The situation ol the office II he
erherHtd or rdcant Every body VII that rGcapt
." u'n he vacancy happen 1t must have happened st
some time Did happen IN the of the Senate: Yes.
ecase the ohce was not crraicd re tire Has The
President the TO ill IL 1.-The President shall have power
says ,ns o1ns,"tlon to I'll mp all vacancies that may hap
am that MIR Tazev 81, laws great stress upon the
words 'rhcIncy and "harpc and should DO
ASK M every honourabe Senator here present any Doubt
ever ad exist among the people Of the State he cpeseni
TO the meaning Of the terms VACANCY office Throughout
our ShS!e land their mcanin. and the Every
where and at all rime public ehres they
have bee" consdereh dcnou, actually er,'ag office
F"c' hd'tN oen once tfcd by Son' cause mas G7rwardS
lost rs Icur'bc1t, aud made Let druc
tue terms made Of by another admit his definitions
be correct and he make what he chooses Of that o,kerS
/ composition He can make 1t any thing nothing
CONSISTS The strength tire onouTale Senator
Whoever acquainted with hiss cOmpe>l1rs knows how eX
ferrous he The Of Germs WHAT was understood az
the adoption Of the Constitution, by the rGclnc"
know not being then myself in state Of uoneuy. II may
so use The eHpeSsion whether Yankee
Nation he Great West" the meaping the same rs in
Virginia, will not enquire take 4, for granted tina, the
meaning is the same among all who speak English Ian
and that alteration has taken place sgnca
ton since the American Revolution nave very pa,jrnls,
friend Who will further back
rhau ,he siege Of York" Ia, 20 back the Revelation II
can be satisfied that that different meaning
to the uord, u examine the subject beyond that period
however cannot consent 10 lmu avail myself Of the
tuie oflinitatIons
The Constitution Of the L. States was framed
by the ages Of the landry those who understood
the English language not only popuIa rly and gram
matlcaly, but radically II was framed after great
dolIberaton, .cand critically. and finally submitted
TO a Committee TO examine is very vorboge-its
language. therefore, must suppose to be rure.
and according to the Lcxcons Of the day-If VIC
look into these, what do we find 70 be the sgnifca-
ton Of tie word ''Uaeancy'-"A post employ
ment unsupplel," says Barclay-"Sfnte of post or
employment when it is unsupplied" according TO
Walker: and I appeal With confidence TO every Nir-
ginian (who hae not yc, expressed opinion on this
slbJeC) 1hchcr this is no; the universal accep,aton
Of The word in this State Suppose then the Con-
stitn,iep instead eff the UoFd Vacancy" bad used
The definition, the rncton would then have repd-
"Thc President sholl have power TO I'll up all posts
or eropoymonts which nlsy happen - be nnsurplied
during the recess Of the Senate, by granting com
missions, which shall expire at the end Of TIER ncxt
session. If the language had been this, 7 ask if
there could be doubt. that tic President would be
authorised 10 ill up The post of an Ambassador at any
Court during tho recess of tho Senate, Pherr coold
be nonc--and how there bc when the terms used
are SYNONYMOUS
Not oply the term ',ucu,cy," but the word "Loo,
pen" is LAID great stress upon BY Mr.. TazeweIl- -
An office may be vacant drrng tho rcccss OF the
Senate, and yet 1t may not hGppeu to be vacant and
so think J. The present Administration has been
Characterised by Aost wanton removal from office
by these removals the offices have become vacant
dotng The recess Of the Senate--in these cases |
hardly think that tho varoEcy hupB<ned, Tor WINS
no doubt preordaned by tbe President. He wilfnlv
makes The vacancy, and then says II hnppens vet IN
all OF them the vacancies, made, were flied M
ny the President, and the IncuUbeDts IN mos,
OF them, confirmed by the Senate In these instan- /
css admit the honouTaae Senators departed some
what from the Pathological accuracy Of the word
"hoPprn." rs ] intend, how ever, IN render unto
Cesar the things which belong TO Ca..ar, ! will no.
wiIiniiy dIstort tho term to deprive him Of power
really granted To- him b. the Constitution, mud will
therefore examine 1t somewhat iDuutoiy in relston
TO an Office neUiy created, and which has never vet
been filed
The houourahe Senator his spccrh rcuarkss Is not
epty vacancy which the Presdsu may I'll up without the
advice and consent eli Tire Senate vacancies on As
may napren-and which may happen no dung the fec ess
OF te oeae Now according 20 the snhcat ION
OF the term hdTPc II is applied ctrhn events
DV Is applicable to denote such ouy Casualties
may produce, which therefore unforeseen or " een q.
possible IN thems selves quite the term of
'hcH occurrence We should speak Teveenjly certainly
should We say that the happens the ses