Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-08-10
POLITICAL.
From tho Washington Clobc.l
THE CASE OF SANIIEI CyuvNr

condemnation Of the President as well for epomnanp
Samuel Gwynn to be Register of the Land Office at Mount
Salus, after his rejection by the Senate as for appoinp
him TO the office since the adjournment of Congress-
The " IFeo YORK. american" asserts that the last APP
Their can be exenuated by any explanation - pronoun
ces 1t an act the part OF the President of unscnpu
ous and unhestating dictatorship, and arms that the
appointment being made in violation of the Constitutions"
any attempt by Mr. Gwynn 10 perform the duties will
be void, and oil no effect, and be adjudged"
From an opposition, itself INSCRIPTIONS and deter
mined to approve act Of the present Executive but TO
wage an ndscrimnate warfare against every of
ms administration right or wrong, these denuncations
when the facts fully understood il does not appear
That the President has acted in this instance with the
same regard TO his duties under the Constitutions with the
Same fearless Independence, and with the honest
ana pa'roic Intentions, by which his whole lie has been
distinguished, and which have him the confidence
AMI support OF the great body OF the American people
Perhaps no man lived who has been more frequent
~ placed in critical situations requiring the utmost dscr
nina'Ion on points OF constitutional law, presenting often
new ana always, embarrassing questions Of public duty
and exposing him to the necessity of negecng what 10
MN appeared his duty under the law avoid the camor
Ism OF his Intentions earessy to discharge it, and
INIT himself TO the judgment Of his counrynen OF the
truth oil these remarks, his military FULL of illus
Uauoh and presents him III more than instance,
the recess OF the wilderness, and in the hour of battle
deciding upon points of civil and international law with
surprising accuracy and independence; and in his civil adj
mlnis,raon his .ndysve and Bank vetoes afford add
onai confirmation 1t is in such emergencies that the
qualities OF real genius and pure patriotism particular
ly displayed.
We invite the attention of our readers TO the case of
G'cy'n that they may how little ground there is in
reality Tor the condemnation of the President.
10 understand correctly the motives OF the President in
nominating Mr. Gwynn the Senate it is proper TO 90
one step back and the proceedings Of the Senate
in relation the same office in the session or 1890 on
1881. " ~ w
During that session, in consequence of the nomnatou
by the President OF Stokely d. Hayes Tennessee to
Land Office in Mississippi, majority of the Senate on the
motion oil mr. E0nderter, adopted the following resou-
ton:
"ReSOlred, That is inerpedient to appoint citizen
any one State to an office ch may be created or be.
come Udcdnt an any other State Of the Union toithn
tchich such citizen does not reside tchout some ecde
necessityJoT such appointment"
Here most sweeping resolution not confined in tc
single and present case, but prospective its character
embracing all cases. i'll all future lime; creating an uncon
sltuona acknowledgements OF large portion of the citizens
The unon and without precedent, is believed in the
history of the Government.
However he may respect the motives characters of
the Senator'S by whom it adopted, il was certainly
not altogether delicate towards the Chief Magistrate; tho
this may be minor consideration in comparison with the
graver objections which from its attempt to en-
cToach upon the legitimate functions and control the Err
ectniUe Department.
1t is impossible that any for moment mistake
the real object OF the resolution was wholly unneces-
sary for the justification ofany future action OF the Senate
even lift could be supposed tha residence merely would
furnish sufficient ground for the rejection of nominee
oy ha body and we do not hesitate TO say that reject
mt officer on no other ground than his residence in ano-
Their State than that in which the Office happened TO he
located would be an arbitrary exercise OF power, and
trary TO the Constitution
The real, if not the admitted and avowed object of this
resolution was TO announce to the President that in u-
ture ne mould not be permitted To select anu citizen for
an office co did not reside in the State tchere the Office
eEiSted. ~"
Now deny that there is any constitutional limito
hon. either express or implied upon the power of the Exc
cuive to select public officers other than the fitness of the
individual selected; and especially enter our protest
against such Limitation would exclude the citizens of
wenty-tee States of the Union from any in
those offices which the General Government might deem
II proper TO create in the remaining twenty fourth Such
sweeping acknowledgements is authorized neither by the
terms nor the spirit OF the Constitution of the United States
We might here dwell upon the peculiar right of the c
Zens oil The Union generally in the Offices created for the
sale oi The public lands which belong all the States of
the Unon and are sold equally for the benefit of the c
Zens of ALL and it would be easy show that there MIGHT
he peculiar proprety i'm selecting agents for te sal, Of
the public lands from other States than those in which The
lands may e- but the point to which desire parcu-
larly TO invite the attention OF the public above these
considerations and directly involves question no less
magnitude than whether the Senate inerpoate into
the Constitution provision inconsistent with its spirit and
tenor commanding the President 10 restrict his selections
for public offices 10 particular State District of me
Union IL such doctrine could prevail the Editor of the
'AmenOan" would have pretext for claInoring about
''seHScrupulOuS and URhesitdliRg dctat0rsbjD . B,
feel confident that never can prevail and that The
American people will be grateful the President for OBJ
posing in its inception He would have been reckless
Of his duty had he done otherwise
The preservation OF Institutions no less than fire
rights aud liberties OF the citizen, depends upon combining
each OF the Departments of the Government within lis ap9
Proprae sphere and the injunction in the Constitution 10
the Executive TO take that the be faithfully ex
ecutcd imposes upon him the duty guarding against the
ecceDtcty, not merely of his own but of each of te
other Departments. Taney, and without reason to sur
render any OF the powers ghtluy conferred upon the
Executive would be silently augment those Of the other
Departments and thus gradually TO destroy the equpose
OF the whole How then should the President have met
this attempt TO curtdi the acknowledged preroeave of the
Executive? BE II remembered that it not the auiho-
y Of President Jdcks0n that he called upon TO as
but 10 vndicatc and preserve Unmpaired the lust
Executive authority OF the Government for the benefit of
those who may be called administer il when he shall
have gone TO receive tie reward OF his lofty patriotism
from tribunal which cannot err.
Every unbiased American will at once agree that he
should have nett by mildly but firmly reposing upon his
rghtiu powers by selecting his agents for the public SER
vice without regard TO residence, and leaving the issue
raised by the Senate 10 the bar OF public opinion lie
would in Judgment have been nsensble TO his own
the rights of his fellow citizens, had e nominated ci
of Mississippi TO the land Office at Mount Saus while
the resolution to which have adverted remained un
rescnded on the Journal OF the Senate.
In this posture Of affairs, the death Of StOkey d. HAYES
in September, 1881 created vacancy in The land office
Mount Salus, which the President filled ia the recess, by
appointing Samuel Gwynn citizen Of Tennessee, then
residing a Washington AZ the commencement Of the en-.
suing session. the President nominated Samuel Gwynn to
the Senate for permanent appointment and he was bv
Why was lac rejcccd'-NOt, verify believe, and as
seems TO be admitted, for the want OF any one quiifca-
ton necessary TO the discharge Of his duties. He was n
truth omneny qualified for the Office. re had impaired
his fortune and shed hs blood ia defence Of the country
and on this universally admitted to be rnerorous
other things being equal presented the strongest claims TO
the gratitude and favor 81 the Senate. why then was he
recced'-Thcre be but answer to this question
he was rejected because he did not reside in Mississippi
and because the President had ventured to nominate him
in defiance Of the aforesaid resolution Of the 81 Of February
1881.
or the new clause iutcfpolsied into Che Constitution