Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-07-31
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FRIDAY Evening. JMyy 27.
THE GWIN AFFAIR.

Friday EUentssg. .JxIy 27.
THE GWIN AFFAIR.
We lay before the reader in another column, the
proceedings of the Senate the case of Gwin
We have already given sufficiently full history of
the case to enable all to understand it, who are net
predetermined not to understand it.
The silence of our contemporary on this glaring
and daring act of usurpaton, that he is un.
able or afraid TO justify it. And it was not to be ex.
Pected he would condemn any act, however fla
grant, ofthe quandam Course" while there is pro.
liability he can carry majority in Virginia.
A faint attempt indeed made by a CORES
pondent in this mornings Enquirer, to justify it,
but he has not touched the merits of the at
all-and the article is only intended to gull the
ignorant, it is unworthy of notice.
The question is, not whether the appointment
was good or bad one, but whether Jackson did not,
in making it, act in palpable violation of the Con-
sttution; and in direct defiance of the expressed
will of the Senate, in whom the po9er is clearly
lodged by the Constitution to sanction Or ,eject
limitations to office. ~
The Constitution provides that, Y
ale the Presidency shall nominate, and by and
with the advice and consent of the Senate, shall
appoint ambassadors, other public ministers and
consuls, Judges of the Supreme Court, and all
other officers of the United States, whose appoint
mcnts are not herein otherwise provided for, and
which shall be established by law; but the Cen
gress may by law vest the appointment of such
inferior officers as they think proper in the Presi-
dent alone in the courts of law, or in the heads
of Departments.
''The President shall have power to fill up all
vacancies, that may happen during the recess Of
the Senate. by granting commissions ,ohich shall
expire at the end Of tho nert session"
Now what the facts of the case2-The Presi-
dent, during the recess, appoints Gwn to the of,
flee. and on the meeting of Congress, lays his no.
mination before the Senate, for their approval or
rejection. The Senate, for good and sufficient
causes appearing to them, reject the nomination
by vote of twenty-five to thirteen--nearly half
of those who voted against Gwin being friends
of the present Administration-No disposed
to have his will defeated by the Senate, and
his favorte sighted, the President, after using
great exertoDs to change the opinion, at least
the Uotes of Senators, renominates hint being
evident that the Senate would not agree to reconsr
der the nomination, in other Words that they
would again reject it, ut the instance Of friend of
the President, the denomination was laid on the
table, with distinct understanding that it was
not to be taken up again during the session.; and
the President was informed, by his friend, and
urged to nominate some other individual. This
President. But he not to be moved from his
ground. Stubborn a mule (independent as his
worshippers have it) he refused to make another
nominations; and on the last night of the session.
when many members who voted against the nom-
nation had left, he attempted to have it smuggled
through, by getting plant tool to move to take
it up. The Indignation manifested by the whole
Senate at the procedure, defeated this mean at
tempt. So the matter remained when Congress
adjourned
BY this disagreement bet cen the President and
the Senate, the Office was eft vacant-for as the
vacancy did not occur during the recess the Pre-
sident has power under the Constitution to
fill it temporarily.
But what does Jackson care about the Constitu.
ton. When it serves his purpose he can prate a
bout its sanctity and obiigations-but when it, or
the laws, or Congress, the Judiciary, or any
thing else however sacred they may be held by true
Republicans and wise and good men, impose
check on him, to the Devil he pitches them, and
'makes his own will and pleasure, his sole rule Of
action" as our Contemporary too truly foretod he
would do in the event of his being elected Presi-
dent.
Accordingly, sooner does Congress adjourn,
than the President re.appointS Gwn to the same
Office.
We consider this act, the most dangerous stab
that has been made at the Institutions of the
country, and the most high-handed act of usurpa-
tion that has yet been committed sin the Repub-
lie has had an existence. Less than this has lost
Kings their thrones; and such an act of usurpaton
by King of England or France at this day, would
cost both throne and life.
We ask again, who calling himselfa Republican,
can sanction this high-handed act Of usurpation?
Reader-pondor well, we beseech you, on this and
other atrocous acts of Jackson-suffer man wor.
ship so far to be expelled from your heart, while
you are making up your decision, to let the love
of country, and reverence for the institutions be-
queathed to you by the Fathers Of the Republic
have place there; and then decide for yourself,
which you will go for, jackson or the Constitu-
ton. One or the other you must give up
You who have admired the patriotism of Bru tus
IN sacrificing his dearest friend and benefa ctor
Julas Cesar, to rescue the liberties of his coun-
try, cannot believe that you would be acting the
part of patriot in sustaining a man who is
sapPing the foundations of all your institutions
and taking all power into his own hands, even
though that man as great Hero and had
won as many victories for his country as did Cpsar
or Napoleon,
The Philadelphia U, S. Gazette of Wednesday