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

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those contingencies should they occur.
"By some inadvertance the estimate
Tor the outfits and salary Of Charged h
Affairs to Naples has been omitted.
81 am respectfully, your ob't servant.
edward LIVINGSTON"
Mr.. CLAYTON requested the attention
Of the Senate to the terms OF this letter.l'
1t is evident, said he, from the official
document, that the specific appropriation
for this outfits asked tor,not ON the state
ment Of any certain fact from which
the Department knows that vacancy |
,0iH or must occur imthe recess; but upon
the bare supoOsition that it may happen.
Theletter merely contemplates con-
tingency, or casualty, upon the occur-J
renee Of which the appointment Of new
minister may be made. This bill now
contains one appropriation OF thirty thou
sand dollars, to defray "the contingent ex-
penses OF all the missions abroad,p and
one other appropriation Of thirty thou
sand dollars to defray sthe contingent
expenses Of foreign intercourse''-thus
giving already sixty thousand dollars
TO pay the expenses arising from coqtin
gencies in the arrangements of our Tor
1 eign relations. Out of this fund the
outfits of ministers appointed in the re.
cess agreeably TO the constitution, nave
s AN -always betrayed The only cases
in which the Presidents authorised to
appoint ministers without FIRST asking
the advice and consent of the Senate,
are clearly pointed out in the constitution.
"rhe President shall have power to fill
all vacancies that may happen during the
recess of the Senate. by granting com
missions, which shall expire at the end
OF their next session." The present
minister to Great Britain was appointed
by this authority only, and his commits
sion will continue until the end of this
session, unless he be recalled, although
he was rejected by the senate three
months ago. His appointment for such
length of time, without the consent of
the Senate. TO supply the vacancy occa-
stoned BY the return Of his predecessor.
can be justified on no other ground than
this, that the return OF that predecessor
was during the last session of the Senate
unforeseen and was strictly casualty or
contingency, happening while the Senate
was not in session, and under circum-
stances requiring temporary appoint
ments least the public interest might
suffer before the consent of the Presi-
dents constitutional advisers could be
asked. But can it now be contended
here that the President has the right to
cre1te a vacancy in public Office during
the recess, merely to fill that vacancy
with any one whom he may ceiect, before
the commencement of the session oil this
body! is it pretended by any one here
that when we have gone home, he can,
without the occurrence Of any Contingent
cy causing vacancy, make vacancy in
an Office, with no other object than to
fill it till the end of the next session?
Where now are all those who so sire
nuously resisted every pretence of the ex-
istence of such powell in the hands of
the late ADMINISTRATION If they are dis
posed to ground the arms, which they
then honrished in defence of the con-
stitution, and in defiance of the Executive
may we not be INDUCED with hearing
of the reasons for their sudden detection
from thee they then so warmly es-
poused! rest my opposition, 10 this
specific appropriation, at this time; dis
tinctly upon the ground that the return
oil Mr.. Rives is not certain, but depend-
ent only on contingency-thati in this
aspect OF that case, no specific appro.
priation ought to be made, as the outfit
Sought to be paid out of the contingent
fund, which no one pretends is in suffici-
ent Tor this and all other lawful purposes
that by making the appropriation spe.
chic, we admit the necessity of it now
before we k1aolc thatit will ever be de.
nanded, and we thereby admit the right
&of the President to recall the minister
We shut our own mouths, and forestall
the salutary action of this body. should
he improperly make this vacancy TO fill
Tin The recess, in Contempt Of this BODY.
II the vacancy be now seen to be neces.
sary, let the fact be announced; let the
nomination OF Mr.. Riyes' successor be
made at this session, that we may Judge
n OF its propriety. and having done that
we viii vote the appropriation without a
mSrnur blt If .fhe..xaeaDcy be, as il
now appears, entirely contingent, OF
even If it be an event certain 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 resorted to to meet the
event. Ii, at the next session. the Ex-
ecutive shall nominate a minister to the
Senate, appointed in the recess er-neces.
state to meet such contingency as the
Constitution 'contemplates, and accord.
ing TO settled constructions OF the words
''happening during the recess" we shall
OF course confirm the nomination. But