Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1832-08-10

yied-not his own Individual feelings and rob,shmt The
Just powers OF the Execuveto these demands' or was
1t consistent with his public duties accept the issue thus
rendered, and hrnily maintain il before the country We
leave the response 10 every proud and patriotic bosom.
but now was he TO maintain this issie' Certainly by
lesvg ms acs 10 Tue Judgment of his counymen, and
aording Ie Senate time TO review their course. which
might have been inconsidcrately taken and relieve him
from me embarrassing situation in which he had been
necessarily placed.
Gwynn's nomination favoraby reported upon by the
Committee OF the Senate, the the 22d OF December
1881, and rejected on the day. Perhops il would
have been more regular If the President
nominated some other individual not resident OF Missis-
spp TO this office; and we have reason TO believe he
woaId have done but for expectation he had ground
ther resolution, and leave his discretion unembarrassed
For this act he waited from the 22 Of December until te
I'm oil June In the meantime he had received several
memorials from number of the citizens
OF Mississippi aud also letter from one of her Senators
in Congress, respectfully setting forth Mr. Gwynn's fit
ness and qualifications and requesting that he might be
renoinlnated to the Senate The President did feel
himself at liberty 10 disregard imposing an applications
and Ia respectful message TO the Senate explaining the
GROUNDS on when he acted lac re-nomnaed Mr.. Gwynn
on the 18th June, 1882 Under such circumstances
Their the consttuionay the popre,y of the re -nom
haNoh can ior moment be questioned
NOW, let 1t be remembered, that the Senate held this
nomination under their consideration during the remain
der oil the session, and adjourned without finally acn
upon IT Down TO the last hour of the session The Pyes
dene was bound to suppose, that, instead of adourun
with this important part of their business unsettled hcS
would hnaly act upon in way which eud put II
In his power Gwynn should be rejected TO make ano-
tler nomination 1t is true the nomination was laid upon
| 4,
~ '"'s 20 Jay message uPonihe table, is not finally
10 dispose oil i-and every had right suppose that
IL was SO laid upon the table for consideration al more
convenient lime If this could be at oil doubtful il is
however made certain by the fact that, on the last day
oil The session. after an unsuccessful attempt had been
made the day previous by the Hon. Mr. Ellis TO call il I'M
Mr.. F0'nderter submitted the following resolution:
"Res0toed, That the President Of the United States
be informed that IT not the intention of the Senate TO
take any proceeding the re- nomination of Samuel
Gwynn TO be Register of the Land ot'ce Mount Saus
In mississippi, during the present session.
n was
ordered That It lhS otcn rcsolution lie the ia
be and that The Injunction of seerecy be renamed tber
from"
Now if such had been the intention of the Senate. il
should have been declared earlier period when tho
President might have acted in conformity with it, That il
never was so declared and that the Senate refused so TO de-
CLARE even in their last hour rebut any such idea-and
we can upon The public TO mark the motive and character
oil that lnanG9vre OF Mr. Poinderter, in Offering, the
very instant of adjournment abortve resolution bicis
ms own knowledge OF its hopelessness reaidesgn
INDUCED ilim himself, to move TO lay the table!
While therefore the denominations solicited and support-
ed by large number OF the people of Mississippi and by
one OF her Scnatostban whom that State cannot boast
an ADLER or more upright before the Senate with
every reason to expect the final action of this body al some
convenient period il would have been derogoiorv ~ liz
ac and dlsrepectiul to the Stale Of Mississippi for
the President TO Withdraw it. And yet 10 Withdraw il was
the only alternative left; this he could not embrace and is
therefore wholly irresponsible for the failure the part OF
The Senate to confirm or reject the nomination.
owynn,s temporary appointment ended with the SEES
son. and by the failure OF the Senate discharge their
constitutional duty of rejecting confirming the pres
dent found after the adjournment the Office at Mount ga
HS vacant, ana that without another law
eSaoshg the land oilce at that place could be ex
ecuted.
In this posture Of The affair the President had neither in
dvidua pride, personal feeling Of any kind 10 r,tif
lie mad temperaely but firmly aud stood OUT the IS
sue made by the Senate and the conduct of both was be-
fore the tribunal of the public. lie had faithfully Dis
charged his duty and the consequences whatever tbev
might be, would justly be Attributable TO the coordinate
Oanch OF me Executive There far concerned the
aiter as between him and the Senate he might have left
it, and there if he had consulted his own feelings and
been over soiciIous to shun the unjust aspessns of his
ehcnies he would have left it, and avowed to the Anne
can people that the failure of the Senate had prevented
m from dlsoharging this part of his duty. We are mis-
akeh' moreover had he there lelt it, if the reco the
stale oil mississippi would not have beer over
whemng to Senator Pondex ter WHO had aoitIv nrsc
Used this scheme of embarrassment. The President how
ever desired topuy such game His aim and his pur.
pose were elevated. -
The constitution declares that the President shaH take
care that the IGlcS be faithfully erected" and the Law,
Tor the sales OF land Mount Salus could not be fahGIl
executed without Register Ii the President possessed
inc au'hoy 10 M up the vacancy existing in that office,
MS uuy eIoned upon Inn the appointments and fin such
case he had absained from making it, his enemies wonld
have clanored as loudly against his neglect to FIJI il as v
now DO at the appointment Ii viii, perhaps appear in
The sequel that they would have clamored with greater
reason for there any object at all in Senator Poin
ueAe' ccuSu "'ofHS resolution, we verify believe il
was 10 ProUde me means IF attack against the PTes-
deHf ne failed to H the office by leaving it to be in
erred that was the intention OF the Senate not TO act
iurher III certainly could not have been TO draw out
new nomination only fifteen minutes before the adjourn
nent, when it would have been impossible to make one
and Senator POndeXter must be pre suned IN Inc
y conversan with public affairs know what had been
the past and uniform practice Of the government i'm such
If he knew ibis and who can doubt it, the con
clson inevitably follows that he purposey offered his re-
solution to entrap The President in case he should
fail TO fill the Office.
BE this as ii may, is clear that by train of circnu.
stances, beyond his CONTROL IL became the duty ofbe Pre-
sdent 10 inquire whether the Constitution authorized and
required him to fill the vacant office and the law?
five concede that the authority least
il is concedng all ia our opponents have right TO ex.
peci; and may therefore be admitted that the subject was
10 which there might exist diversity of opiuiou
What course, then, was it incumbent upon the President
in such an emergency To pursuc?-Whv certainly dill.
gently to inquire and profit by all the lights which our i'm
sulutons ailOrdAnOng these the Coy was pro-
vded with Attorney General, whose duty il is to give
advice and op0ions upon questions of law submitted TO
him To this officer, and the archives Of his Office the
President perceived his duty to resort 10 these
following the example of Mr.. Monroe aud Of Mr. Adams
he had recourse twas asceraned that in the past pracs
ice OF the Government under the opinion Of former At
orney General (Mr. Writ the Constitution had been in
erpreted in such to authorize the President
and consequently, TO make his duty, FIJI all vacancies
"jChich might happen 10 erist, from any cause whate-
in the Of the Senate; and upon requiring the
opinion Of The gentleman at present holding the Office Of
Attorney Genofa this Interpretation was confirmed.
Does not every man at that under these cir
cuUsances IL became the unavoidable duty of the pres-
dent 10 h the Office; and haif lac had failed to do so no
would have been Justly chdgeable with neelscGno the
execution Of the laws against the practice OF former Pre-.
sdcn and the opinion Of the awofcer of the Govern
men? And on what ground, then, the Editor of tho
"New York Americans" any other person, have the
presumption TO assert, against the authority of m on
and Mr. adams, and in the face Of the opinions Of
Mr. Wrt aud Mr. fancy, that the appointment was IN
eonshtuons and that the acts Of Samuel Gwynn will
"bs UOid and ~ ndjff9ceof7"