Wilmington expositor. (Wilmington, Del.) 1831-18??, 1832-07-06
vox..x.
IN SENATE. ApRiL 90.

bill the outfit for Minister to France.
Mr.. CHAMBERS addressed the Senate, and
when he took his seat,
Mr.. CLAYTON, of Delaware, said the
classes in the bill under consideration pro-
vided sc, 600 dollars for outfits Of Ministers
TO Great Britain, France, and Russia, and
made no distinction between the missions to
those several Courts, although, in point OF
fact, they all stood on different grounds. The
butfit for Minister to Russia was evidently
necessary. A vacancy in the office did ex-
ist at the commencement of the session.
however difficult il may be to say when il
commenced; for the Minister to that gov
eminent, although he received his S29, 900
for ten day residence in Russia, as the Sem
ator from Maryland had stated, was held to
be Minister near that government during
his residence in England. In ri ard to that,
however, il was sufficient for the present
purpose to know officially, as the Senate did.
that the vacancy had happened, and had
been filled by their advice and consent.
They knew, too, by official documents, and
by their own act in rejecting the p'inister to
Great Britain, that tie vacancy in that of
flee depended on no casualty or unforeseen
contingency, demanding or jnstifying draft
on the contingent fund provided by this bill.
However objectionable, therefore, the exer-
else Of the Presidents power Of appointment
may really be, should that power be exer-
cised in appointing minister to Great Brit
ain during the recess Of tile Senate, and in
contempt Of its advice, the case of the new
outfit'to France rested on different princiI les,
and he requested the attention of the mem
bers of the Senate to the distinction.
We have no official information, said Mr..
c. that the present minister to France has
been recalled. Nay, we have no information
even to show us that vacancy will happen
either during the session, or in the recess Of
this body. If the chairman of the Com nit
tee on Finance, who reported this bill, has
any such information, il should be laid be-
fore us, that we may see how far the letter,
oR the spirit Oh the constitution, will Justify a
specific appropriation, TO enable the Presi-
dent to Send a new minister to Paris, without
consulting his constitutional advisers. The
gentleman from Georgia adverted to infor-
nation on this subject, which reached us
through no official channel, that the climate
OF Paris did not agree with Mr.. Rives, and
that he might request to be recalled. But
Mr.. Forsyth said there was an Official let
ter in the possession Of the Committee on FL
nance.
MIR. Smith said he had letter from the
thought had been laid before.the Senate.
Mr.. Clayton replied that il was the first
time he had heard Of it, and desired it might
be read:
1t was read a ;cordingly, and was as fol-
lows:
SAMUEL SMITH, Esqr.
"Chanmdn ofIhc Committee Of Finance,
Senate.
DEPARTMENT OF Starr,
Washington, s&th Feb. 1882.
''Sir: have just received the Presidents
direction to intern YOU, that, as eircumstan.
ces may requize the appointment Of minis
ter to England, and as Mr.. Rives, our min
lister in France, has made request Of leave
to return, which the reasons he has urged,
may, at future period, irduce the President
togrant, an appropriation for outfits in both
cases may become necessary before the next
session Of Congress, in order to meet those
contingencies should they occur.
"By some inadvertance the estimate fol
the outfits and salary of Charge d'Affair
70 Naples has been omitted.
81 am, respectfully, your obj servant,
"EDWARD LIVINGSTON.
Mr.. CLAYTON requested the attention 70
the Senate to the terms of this letter. II j
,,vident, said he, from the official document
is asked for, not on the statement of any Ger
tain fact, from which the Department know
that vacancy zviR or muss occur in the re
cess, but upon the bare snhhosifion that
may happen, The letter merely contem
plates contingency, or casualty, upon tn
occurrence of which the appointment of
new minister may be made. This bill no'
contains one appropriation Of thirty tiousan
dollars. to defray ''thc contingent expense
of all the missions abroad" and one otlie
appropriation of thirty thousand dollars I
defray "the contingent expenses Of foreig
intercourse - thus giving already ski
thousand dollars to pay the expenses arisir
from contingencies in the management OF o,
foreign relations. Out Of this fund the gu
fits of ministers appointed in the recess,
Sreeably to the constitution, have been a
ways betrayed. The only cases in whit
the President is authorized to appoint mi
listers without first asking the advice al
consent of the Senate, are clearly point'
out inthe constitution: "The President sh;
have power to fill up all vacancies that mi
hathen during the recess of the Senate,
granting commissions, which shall expire
the end of their next session." The prese
minister to Great Britain was appointed
this authority only, and his commission W
continue till the end of this session, unless
be recalled, although he was rejected by t
Senate three months ago. His appointing
sur such length of time, without the &C
sent Of the Senate, to supply the vacancy {
casioned by the return of his predecess'
Gin be justified on no other ground than tn
that the return of that predecessor was
ring the last session Of the Senate unforese
and was strictly casualty or contingen'
happening while the Senate was not in 81