Staunton spectator. [volume] (Staunton, Va.) 182?-183?, 1832-08-24

ecuted, it becomes his duty to fill the
Offices which are necessary and have
been legally established for that purpose,
| provided the Constitution confers on him
| the power.
The Constitution gives him the right
"to fill up all vacancies that may hap
pen during the recess of the senate, by
granting commissions which shall ex-
pire at the end of their next session."
The appointment of MIR. Gwynn du-
ring the late recess "filled up the va.
cancy which had then happened, and
the office remained full, and there was
no vacancy from the time of his appoint,
ment and acceptance, until the close OF
the late session. The nomination made
not being confirmed by the senate. the
commission granted by the president
expired at the end of the session, and
the moment after it closed the office a
gain became vacant. This was new va
| cancy.
Has this second vacancy happened
| during the recess of the senate, so as to
authorize the president to fill it, under
the grant of power contained in the ar
I llCle vi tiS OOnSIllutlou dUONe IeleITeu
to?
1t has, | know, been contended, that
in order to enable the president to make
the appointment, the vacancy must take
place during the recess. In other
words, that the office must be full at the
time of the adjournment of the senate,
and become vacant afterwards.
cannot think that this is the true
Interpretation of the article in question
The Constitution was formed for prac-
| teal purposes, and a construction that
defeats the very object of the grant of
power, cannot be the true one. 1t was
the intention of the Constitution that
the Offices created by law, and necessary
to carry on the operations of the gov
eminent, should always be full-or at all
events, that the vacancy should not be a
protracted one. A Government cannot
go on nor accomplish the purposes for
which it is established, without having
the services of proper officers to execute
the various duties required by law. To
guard against any abuse of the appoint
ing power by the president, the appro-
baton of the senate is required. But as
it was foreseen, from the various contin-
gencies and uncertainties to which hui
man affairs are liable, vacancies might be
found to exist during the recess of the
senate, in offices which the public inter-
est required to be filled, the power a.
bove mentioned was given to the ptesi
dent in order to provide against the evil
of requiring vacancy to continue in ev-
I or fha he
! vened-and the further evil of calling
them together upon every one of the va
cancies which might Unexpectedly be
found to exist during the recess. But
the control of the senate over appoint
ments to such vacancies is ehectually
preserved by the limited term for which
the president is authorized TO make
! them.
Suppose an officer to die in distant
! part of the United States, and his death
not TO be known in Washington until
after the adjournment Must the office
remain vacant until the senate can be
convened ? II is admitted by every one
that the president may appoint in such
cases, and the practice of the Govern
ment has continually conformed to that
construction. But if the Constitution
required that the office should be full at
the time of the adjournment, and that
the vacancy should take place after
wards, tben the president could not ap-
point, for in the cases above mentioned,
the vacancy happens during the session
and the office is not full at the time of the
! adjournment. 1t becomes vacant the
moment the incumbent dies, and the no.
tice does nothing more than inform the
president that vacancy has happened
and Uniforms him at the same time that
it took place while the senate was in
session, and not during the recess.
/ am aware that it has been said that
in these cases the vacancy must be re-
garded as happening when the notice of
the death is received, and that therefore
such vacancy is to be considered as
happening after the adjournment and du-
ring the recess. But how can it be so
considered in opposition to the admitted
fact? There are no words in the Consti-
tuition that justify such an Interpretation.
1t does not speak of the notice of va
cancy, but of the existence of vacan-
cy. 1t does not say that if a vacancy
shall become known, but if vacancy
shall "happen )" and if the words of the
Constitution give the power 10 fill those
vacancies only which take place after
the adjournment, then the vacancies /
have just mentioned could not be filed.
( Al