Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-07-31
gbs Constitutional gstbiu.
E'Ds1a'EEs;l1E..
From the II. s.. T.lcpy,rb

From the II. s. Tciccr,rh
The Globe ut yesterday Announces tho nppoin,.
ment. by The President, of Samuel Gwin To lie Re.
gistcr OF tho land Office at Hlouut Salus Nissis.
siPpi.
The Constitution provides that,
ale (the Presidency shall nominate ard by and
with tho advice and consent of the Senate, shall
appoint ambassadors, or other public ministers aud
consuls judges ut the Supreme Court, aud all
other officers of the United States whose ppruiut
mcnis are not herein othervvisL provided for and
which shall be established b. law; but the Con.
gress may by law vest tho appointment of such
inferior officers as they think proper in the Prcsi.
dent alone, in the courts of law or in the heads
of Departments.
"Thc President shall have power 10 iii up all
vacancies TINT may happen d"r'"g ms recess n
the Senate. by granting commissions wich shall
erpire at the end IF the merit session."
Such being the law of this case. VIC prorscd to
give the facts That they may appear in an au.
thentic shape, give them in the following cxtrac,
from a letter addressed by Mr.. Fondextcr. enc Of
The Senators from Mississippi, 10 the Legislature of
that State.
Mr.. Poindcx'cr GAYS;
AT the session of 1880, 81. the Prcsidon, nom,
mated his nephew, Stokey n. HIVES or Tonnes
see, 10 be Surveyor Gcuer0l o; Mississippi. |
made an intellectual effort 10 prevent this p0lpallc
violation OF the rights Of the people of that State
and, TO test tho of tho s nate on the question
without involving, in any manner, the merits Of
tho nominee, submitted resolution, prescribing
Gcncral RUE ci action to thdt hoCv reference
to the nominations made by the President er citi-
zcns residing in State To ill Offices the duties
of which were 10 be performed in another. This
resolution, it will he seen, was adopted by a majo
it, of more than two 10 aud Of those who
voted for it, were the known supporters of
the administration. Thus the appointment of Mr..
Hays was in effect, rejected But feeling the mos,
anxious sniIcnde To preserve the friendly relations
which had subsiStcd between the President and nv
self, and learning from himself that he would be
personally obliged by the concession, | yielded in
nc "inde> feelings, my assent 10 the appointment
ot Mr. Hays to be register of the land Office at
Mount Salus, in case Mr.. Fitz should be appointed
surveyor general, which arran cement was carried
into effect; and entertained the hope that nv
difficulties with tho President were at an end and
that my liberality was duly appreciated but ! was
mistaken.
During tho recess Of Congress, in the sum-
MGR of 1881, Mr.. Hays departed this life, and
forthwith, the President appointed Samuel Gwin,
clerk in the Post Office Department, TO fill the
vacancy. No recommendation of this individual
was given or asked. On the - day of December
following, Mr.. Gwin nominated TO the Sen
an. and in few days thereof, rejected by n vote
of % against H. Nearly one-haf of those who
voted 10 reject Mr.. Gwin were tho friends of the
present administration. Shortly after this, unit
ed with our representatives in recommending Il res.
ner'ne'e citizen OF Mississippi to this vacant office
mo PRESIDENT treated tho recommendation as in
suitlng to his dignity, and declared, in express
terms, that he "ncvcr would appoint citizen of
Mississippi" to the Office in question lie has
kept his word. The attempt made in h,iss.ssipDi
backed by the weight of Executive indl
once, and countcnanccd Ivy many honorable
men from motives Of sympathy rcsuI,od
In the denomination Of Mr.. Gwin, on the - d,v Of
July, 1892 with the signatures of two hundred
and thirty persons, of ali dcscripiors in C,yor -
ms appointment. The petitions were doomed dis
respectful, as they charged a majority OF that
body palPable violation of the Constitution in
adopting the resolution regulating their o,on con-
dnct on the subject OF appointments, which is made
pnIiy to &c
nomination was considered on the 10th instant and
laid on the table, with the express understanding
that 1T should not be taken up again during the sc
sion, and chat the President be advised 10 nominate
some other person to ill tho vacancy. This course
was taken n: the instance OF a friend of General
jackson, and approved by nc, the midcst form
which could he given to the rejection. | make no
comment on these proceedings, but close the sub
Ject by statement of the fact, that the President
again declared 10 n Scnatca who repeated the
words in full Senate, that he ''ncvcr would aDpo;nt
cItlzcn of Mississippi Register of the Land Office
at Mount SGlus." ] addressed n letter TO tho Score
tsry Of the Treasury, urging the amendment oc
Register TO this Land Office, because it must be
closed until tho next session of Congress- if no
nomination was made at the present session mas
much as the vacancy did not occur in the recess
and therefore a new temporary appointment could
not be made by the President Nv communication
remains unanswered, and the Office is still vacant
l forbcar to enter Intimately into the various diseust
ing details in relation to this struggle TO overcome
my objections to the Introduction of citizens Of other
states To fill the Offices located in Mssissippi and
10 override the action Of tho Senate on the Prcsi.
dents nomination. The facts will be sufficient
with all candid individuals, to show the difficulties
have had to encounter in the discharge Of NV du
~ TO the State and the ridiculous prclcxis to which
my enemies resort TO Impose on the creduy of the
people and inpllcatc my conduct on this occasion
ns the result of Il hostile spirit towards the ad,ni
nisration of General Jackson 1t rel becomes
those who fanitcr in the performance Of high
duty, to ccnsurc him who moves with an even
and nnwavering step in yindcating the cause of
ms constituents" q
Such is the history Of His proceeding; but Mr.
s'ojnd"X'cr, much as no had been disappointed i'm
the Character of Cen. Jackson, did not supuoso
that he would far usurP the powers of the senate
as to appoint Gwin, in open aud direct violi fion
OF tho Constitution which he had sworn to support
We cannot better Illustrate tho relation between
thu President and the Senate than to quote from,
Mr.. Poindextcr's letter. lie srYe:
80 The Senate as an integral part of tho Fy
ecutve, is required TO net in connection with tho
President on tho subject OF treaties with FOREIGN
powers and appointments 10 Office I hose duties are
IN their nature highly delicate, and in many in
stances, faithful dischare Of them involves PER-
Sona considerations which arc Away unpleasant
The responsibility which n Senator must incur in ri
wing or Withholding his advice and consent TO trea
ties or nominations, imposes Oh him the mos, ec
Tenn obligations to discard every influence from
his mind, distinct from the national honor end in
tcTest IN the case, and Of the merits of the non,
ince in the other. The debates on tie adop.ion NJ
the Federal Constitution, and The practical npc1a.
tons of the Government under each successive nd
administration, demonstrate, beyond the reach orI
contradiction, that this department was orpanzcI
for tho express purpose of operating fearlcssv as
a check on the president in his cxecuIiye eharac
ter, and on all the other departments, either in
virtue Gifts legislative powers, or as tho HIGH court
ol impeachment 10 carry this obvious intention
bf tho trainers Of the Constitution into effect and
IN preserve the checks and balances which the