Wilmington expositor. (Wilmington, Del.) 1831-18??, 1832-07-06

Sesldent's constitutional advisers could bs
$3.50 nut can 1t now be commended here
vic. ene PRESIDENT has the right to create {
vaeancy IN public office during the recess
70 MI that vacancy with any one
mnoh ne may select, before the commence
sn. es ~ tne session OF this body, Is it pre-
senaed oy any one here, that when we have
sne nome, ne can, without the occurrence
ay Contingency causing vacancy, make
q vacancy in an Office, with mo other obiec,
than to fill ii till the end of the next session
Wnere now are all those who SO strenuouslv
resisted every .pretence of the existence 81
such power in the hands of the late admin
istration! II they are disposed to ground the
arms, which they then fourished in defence
OF the constitution, and in defiance ofthe Ex-
ecutive, may we not be INDUCED with hear
ing OF the reasons for their sudden detection
from the cause they then SO warmly espou-
sed! rest my opposition to this specific
appropriation, at this time, distinctly upon
the ground that the return of Mr.. Rives is
not certain, but dependent only on a contin-
,gency-that in this aspect Of that case, no
specific appropriation ought to be made, as
the outfit ought to be paid out Of the contin-
gent fund, which no one pretends is INSULT
;cient for this and all other lawful purposes
that by making the appropriation specific,
we admit the necessity of it nov, before we
knop that it will ever be demanded, and we
thereby admit the right of the President to
recall the minister. We shut our own
mouths, and torestall the salutary action of
this body, should he improperly make this
vacancy to fill II in the recess, in contempt Of
this body. 1.-THE vacancy be now seen to be
necessary, let the fact be announced let the
nomination Of Mr.. Rives' successor be made
at this session, that VIC may judge of its pro-
lpriety, and having done that, we will vote
the appropriation without murmur. But
II the vacancy be, as it now appears, entire
lly contingent, or even if it be an event GER
tain to occur in the recess, and we should be
informed that no nomination is to be made to
the Senate this session, when you ask me for
the money tell you to go to the contingent
fund, which has on former occasions been re-
sorted to to meet the event. If, at the next
session, the Executive shall nominate min
lister to the Senate, appointed in the recess
er necessitafe to meet such a contingency as
the Constitution contemplates, and according
to the settled construction Of the words
"hdhhening during the recess" we shall of
course confirm the nomination. But we shall
then stand untrammelled by any admission
on our part, that such contingency had
happened, should we think the Constitution
violated, either in its spirit or its letter. We
shall not then be met by the objection, that
we have acknowledged both the expediency
and the necessity of the appointment, by ex-
pressly appropriating an outfit for it. We
have, sir, been taught useful lesson on this
Subject already. We have been met by pre-
tences, that our previous legislation in 1880
sanctioned the mode of arranging the colani-
al trade, for which, among other causes, we
have rejected the present minister to Greal
Britain. And, although these pretences are
butterfly destitute of foundation, that arrange
mfnt having been made in direct violation Of
-FOUR law, yet we may easily conceive, from
what has been said on that subject, that,
should an appointment torrance, equally OBJ
ljectionable, be made in the next recess, we
should be held committed to all its conse-
Iquences, BY this very appropriation. Ii is time
for this body to look with extreme circum-
lspection to every act it may pass, which car
lby possibility be construed into sanction ol
any abuse Of Executive power, BY encour-
aging in this manner the appointment OF mi
lnisters in the recess, we may make ourselve!
parties to that very violation of the Consti.
Hutton in this respect which has been til,
Isubiect Of Just complaint for the last three
years. The exercise, nay, the very ADJUST
Of this appointing power, is always held al
largument in its favor. In the discussion Of
5 the nomination Of the minister to Great Bri
Itain, we were told Of the loss of money All
, the dishonor to our foreign relations whicl
: would attend his recall and the strohges
$ argument in favor Of his confirmation, wa
: the fact that he had already been appointe
4 4 If ~
: country. will not step foot turthtr in thes
e matters untillknow where you would lead m
a i have no confidence of the future from tn
' past, to justify me in lending my vote to al
d in the appointment Of officers without Il
s constitutional prerequisite Of the advice
II the Senate OF the country. This appropr
o alton will take away from those who vote f
it the untrammelled right of Judging at tn
y next session Of the existence Of that stern n
6 cessity, without which no President can ev'
IT constitutionally fill this appointment in Il
l. absence of the Senate.
The argument urged here on a former C
l. casion by the gentleman from Georgia, IN
u Forsyth to sustain this measure, that Il
4 contingent fund is not answerable for tn
ID out6t,iynot sustained by the past usage of Il
q Government nor by the kHosun sentimen
u and acts of those who now administer its law
" The fund has been drawn upon again and
~ gain not only to meet contingencies. but ev,
at &c meet vacancies created by the Preside
Mt and filled in the recess. In the session
~ 1880 / objected in debate here, not only
III the abuse of the power Of appointment
ne these very cases, but to the existence Of al
ne right in the President to put his hand in II
Mt part Of the strong box to pay outfits of mi
~ listers appointed by him to fill vacancies CT
C ated for party purposes. In the year 1s2
n our whole diplomatic corps was recalled il
IS mediately after the Senate adjourned, a