Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-08-10


Senators from tina, State to renomnae him, his name was
again sent TO the Senate with the additional recommenda
tons which had been warded TO the President The
second nomination made the lh Of June last IL
was considered the 10th OF july and laid the table,
and the 10th July the last day of the session, the fol-
lowing resolution moved and considered:
"ReSoiped That the President Of the u States be in
formed that it is not the intention the Senate TO take any
proceeding on the nomination OF Samuel Gwynn TO be
Register oil The Land Office at Mount Sas in MisssSpp
during the present session"
This resolution was ordered lie on the table and the
Senate adjourned without taking any further order in the
matter.
In this state ortngs, the President during the re-
cess appoint Mr. Gwynn any one else, TO the Office be-
fore mentioned?
The Office created by the act of Congress of May
1872 As the President required by the Constitution
take that the laws be faithfully executed il becomes
his duty TO fill the offices which necessary aud have
been legally established for that purpose, provided the
Constitution conierS on him the power.
The Constitution gives him the right "to fill up al va
cances that may happen during the of the Senate
by granting commissions which shall expire the end OF
their session."
The appointment of Mr.. Gwynn during the last recess
"hll"d up the vacancy which had then happened aud
the office remained FULL and there was no vacancy from
the time OF his appointment and ceptance until the
close of the late session. The nomination made not be-
ing confirmed by the Senate the commission granted by
the President expired at the end of the session, and the
moment alter il closed, the Office again became vacant
This was vacancy.
Has this second vacancy happened during the recess of
the Senate TO authorize the President I'LL under
the grant OF power contained in the article of the Cons
tuition above referred To-,
IL has, know, been commended, that in order to enable
The President TO make the appointments the mnst
take place during the In other words that the Of
flee must be full the time OF the adjournment of the Sc
nate and become vacant afterwards
cannot think that this is the true Interpretation of the
article i'll Question. The Constitution wa formed for pr,c
teal Purposes, aud construction that defeats the very oh.
Jec oil the grant OF power, cannot be the true one IL
was the intention of the Constitution that the offices
ed by law, and necessary the operations of tho
government should always he fuor at all events that
the vacancy should not be protraced one. A Co
vernmen cannot 20 accomplish the purposes for
which is establishes without having the services of ro
officers the various duties required bv law
To guard against any abuse of the appointing mower bv
the President the appreciation of tbs Senate REQUIRED
But il foreseen from the various CONTINGENCIES and
uncertainties TO which human affairs liable vacancies
might be found 10 exist during the the Senate in
Offices which the public interest required be filled the
power above mentioned given the President in or
der to provide against the evil of requiring vacancy TO
continue In every until the Senate could be
and The further evil OF calling them together upon every
one OF Tie vacancies which might Xpectedy be found
10 exist during the recess But the of the Senate
over appointments 10 such efcctuay
ed by the limited term for which Tire President is aulho
rized 10 make them.
Suppose an Officer TO die in distant part of the United
states and his death not to be known in Washington until
alter the adjournment: Must the office remain vacant m
I'll The Senate he convened? 1t is admitted by every
one that the President may appoint in cases and the
practice OF the Government has continually confoed to
that construction But il the Constitution re,ureJ ,a,
the office should be full at the time of the adjournment
and that the vacancy should fake place afterwards then
the PRESIDENT could not appoints the above
toned, the vacancy happens during the session. and the
ohce is not iuH at the time Of the adjournment IL be-
the moment the incumbent dies and tho
uce does nothing more than inform the President that n
vacancy has happene and informs him al the same lime
that il took place while the Senate twas i'm sesson and NO,
during the
that has been said that in these cases tho
vacancy must be regarded happening when the notice
me dea Is received and that therefore such vacancy
Is TO DE considered as happening after the adjournment and
during the recess But how il be so considered in nm,
position TO the admitted hc There are no words in the
Constitution that justify such interpretations II does
not speak OF the notice of vacancy but of the erisfenre
oil vacancy 1t does not say if vacancy shall become
SHOWN, out vacancy shall "hdPpeni and the words
the Constitution give the power to fill those vacancies
only which take place after the adjournment then the va
ca9cies have just mentioned could be filled
III Is manifest, however, that the Constitution could mt
nave intended TO place such on different footn
from vacancies which occur after the adjournment There
IS no reason Tor distinction between them. And the
words used IN The Constitution do not think, by any fair
construction, require distinction he taken il was in
ehded 10 provide for those vacancies which might arise
from accident and the contingencies TO which human aC
lars must always be liable And if falls out that from
DEATH inadverence, mistake an Office reouircd by Io
10 be hed Is In the recess found TO be vacant then va
cancy has happened in the recess and the President NAV
hl it, This appears to be the common sense and natural
Import of the words used They mean the same thing as
vacancies during the recess The trainers of the Cons
tuition had provided for filling the Offices with fine concur
renee OF The senate but foresecing that from the various
casualties 10 which human exposed vacan-
cies would be found during recess they give power IN
MI them until an opportunity canbe afforded of bringing
the appointments before the Senae-and thew use words
which denote the character of the vacancies which ,cy
oresee may occur, and for which they providing He
may MI up vacancies which happen during the recess
put vacancies are not deSgnediy be kept open by the
esideht un the recess, for the purpose of avoiding the
control of the Senate And the word happen is used 70
describe the class and kind of vacancies and NOT the mar
ocular tlme at which they took place.
might suggest another case showing that thc restrict
eu construction commended for, be the one conter
plated by the trainers OF the Constitution Suppose no.
nlnation, made 10 a Office, and confirmed nv o
Senate The office is not FULL until the person appointed
accepts suppose he refuses TO accept and his refusal is
MOI known until after the adjournment: In such case
e Original vacancy would remain untitled; and as il tool
pdc curing the session, and after the adjournment
e rTesidcht couiO not I'LL it, cannot be imagined hat
such cases were intended 10 30 excepted ont of lie
er granted to him. ~ wv " "'o Po"-
IT has been said that this power if ptrsossod H., a,
PRESIDENT may be so used as TO defeat the ineuia ~ a.
Constitution, and exclude the Senate from all share IN wy
pon'ments The answerto such objection appears 10
DE pam one III the President wfuy abuses power
gwen TO him. the Constitution has provided n remedv In
this case the Senate have had full opporunitv of Scp
but have not acted, and have held the nominaton unJp
adVseent and lett II TO fall soon as tbev ,d
Jourheu ihey must be supposed to have had sufficient
reasons Tor keeping the nomination in their power and
uSPending their action upon it, The President could not
nominate another person for the same office unf This 90
disposed Of and was either withdrawn by him or finally
acted on blythe Senate md the Senate have hail an
opportunity oil acting but have determined 10 susnen1
lhelr decision, cannot how an appointment now
nade ny The President, can be supposed TO interfere with
o HShS OF TIE senate There is nothing in the case
that can be construed into desire 10 avoid their consiit
ional control ~ '''"
H. however, the restricted Interpretation commended ,r
were ad'ned STILL in the before me- the Preside nt
would have the right to appoint The vacancy did take
pace IN Tie recess. The former appointment confined
curing me session, and there vacancy until after
hey adjourned The vacancy followed the ndiournment
ana whether ID took plare ,