Delaware advertiser & star. (Wilmington, Del.) 1832-18??, 1832-07-05

ment having been made in direct gialation
OF our law, yet we may easily ave,
from what has, been said on dat Sect,
that, should an appointments TO I fance,
equally Unreasonable. be made IN the
next recess, we should be held commit
ted to all its consequences, BY this very
appropriation. 1t is time for this body
to look with extreme circumspection to
every act it may pass, which can by
possibility be construed into sanction
OF any abuse Of Executive power. BY
encouraging in this manner the appoint
ment OF ministers in the recess, we may
make ourselves parties to that very vio-
lation ofsthe Constitution in this respect
which has been the subject of Just
complaint for the last three years. The
exercise, nay, the very abuse of this
appointing power is always held an ar
gument in its favor. In the discussion
on the nomination of the minister to
Great Britain, we were told of the loss
OF money and the dishonorato our for
leignrelations which would attend his re-
call; and the strongest argument in favor
oil his confirmation, was the fact that he
had already been appointed withouteou
consent, and had actually left the conn
ltry, VIII not step a foot further in
these matters until know where you
wosia lead me-. have no confidence of
the t'10re from the past, to justify me
in letsisiiil1 my tote TO aid in the appoint
mef# Of S4ietss withoutthe constitution
al prerequisite ofthe advice of the SEN
! ate Of the country. This appropriation
will take away from those who vote for
it the untrammelled right Of Judging at
the. next session of the existance of that
stern necessity, without which no Presi-
dent can even constitutionally fill this
appointment in the absence of the Sem
! ate.
! The argument urged here on former
! occasion by the gentleman from Georgia
(Mr. Forsyth to sustain this measure,
that the contingent fund is not answered.
BILE for this outfit, is not sustained by the
past usage ofthe Government nor by the
kno,on sentiments and acts of those who
now administer its laws. The fund has
been drawn upon again and again not
only TO meet contingencies, but even to
meet vacancies created by the President
and filled in the recess. In the session
OF 1901 objected in debate here, not
only to the abuse Of the power of APP
pointment in these very cases, but to the
existence of any right in the President
TO put his hand in this part of the strong
box to pay outfits of ministers appoint
ed by him to fill vacancies created for
party purposes. In the year 1929. our
} whole diplomatic corps was recalled
. Immediately after the Senate adjourned,
and although no outfits such as this had
at that time been made by Congress for
new outfits, yet the contingent fund for
missions abroad was exhausted in nav
, ing them, and more than forty thousand
dollars were expendedfor which no APP.
preparation, either specific or contin,
} gent, had been made. I thought this !
violation OF that clause in the constitu.
ton which directs that no money shall
: be drawn from the Treasury but by law
! think so sill. The contingent fund
for foreign missions was, in my iudg.
: ment, not intended to meet such expen
ses, because they were not incurred by
any necessity, contingency, or casualty
! happening, either in session or out oil
J session. They were incurred to pay out
: hts and salaries of ministers appointed
5 by the will OF the President and without
: cause. This argument was then net by
/ the distinguished gentleman who now
fills the Office of Secretary of State, and
5 who was at that time an able advocate OF
the administration, representing in par
I the State OF Louisiana on this hoor.-
t He defended the right of the President
: to draw on the contingent fund in any