Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1834-05-20
Richmond. Va, Tuesday, May 30
JEFFERSON versus C.aLHOU.W

me ~ ges AM
communications as the Constitution and law and the usual
course Of business authorize him IT,
not recognize any right la him make formal protest
against aud Of the Senate declaring such
votes and proceedings TO be i'll gal add unconstitutional,
snd requesting the Senate to enter such Protest its
Journals.
.Resoved, That the aforesaid Proes, is breach OF the
privileges oil the Senate. aud that be entered the
Journal.
right 10 send Protest the Senate agains, any its
proceedings" Resolutions passed by the Senate.
81 at least, VIII act on these principles shall take
my stand al the door OF the Senate. IL should stand there
alone. deny the right OF the President to send
his Protest. I deny his right to question, within this
chamhe our opinions. In any case, or in reference
any subject whatever
l.nr, Coihoun's Speech on the Protest.
So much for MIR. Calhoun and hiscompeers ofthe
Senafe.--And now let whit Mr.. Jefferson
HIMSELF to whose authority Mr.. Calhoun himself
'oc Processes to bow, says the right Of the Pre-
siIent to protest against the assumptions of the
Senate. - -.
The following Correspondence will show how
these pnpers came to see the light: ss..
RrcHMoND, May IL, 1894
DEAR SIR:-I understand that you have found among
MIR Jefersons papers, an interesting Document bearing
upon the present Timer. IL is represented TO me as
written Opinion and Protest prepared by that
ed man, during Gen Washing TONS Admin. alton xiii.
biting his views Of Powers Of the Executive and Sc
nate Of the u SatesIt is also said to bear some mark
upon Il, or some endorsement. showing it 10 have been
carefully revised by lin manly years after.
Is IL asking great favor You 10 request COPY of
this Paper for publication? IL is extremely desirable
upon the ques'onand il is scarcely necessary for
add, that mans opinion in this country entitled 10
more attention than Mr. Jeher.onsI should therefore,
take il as particular favor, f you would oblige me with
copy OF IL at your earliest convenience.
Yours, very respectfully.
THOMAS RICHIE.
To THos. JEFFERSON RANDoLpH, Esq, AIbemarle.
EpGEHrLL. Nav H. 1884
Dean SIR-By your request 1 rend yon a copy OF the
Opinion OF Mr. Jeer.on. 10 the power of the Senate on
Specific branch of Executive duty, and Protest
sxvtil Al
powers These papers are, presume, TO be ound among
the archives Of the Executive Department As the Obi.
Mon and Protest drs Tor Gen Washington while
Mr. was Secretary OF State quoted them aud she wed
them 10 few Of my friends in charges agast
myself, that had departed from the opinions If Mr. JET
ferson. whose political opinions had followed, from feel
ing, habit and conviction.
10 order Of time, the Opinion stands first. without date
itself, but bound between papers, dated April H. 1890,
and May g. 1870. This is the rough draft. iuie inter
lined The press copy Of the far copy Of the among
Other papers is dated April "a, 1890.
The Protest being press copy (marked 'not senl is
between dates January 4. 1792 and January TO- l792
These papers in the three volumes bound marble
paper described in vol A. page 4l3 Of his published works.
10 which description must refer you. II gives the
hrmaiion OF his Judgment 10 their contents upon calm
revsai twenty-five years at er their dates, ''when the
passions oil the time are passed away. aud the
"the transactions act alone on the judgment"
With great regard, yours. &c.
THOMAS RIrcHIr. E-q Richmond.
Tss3 (oPINIoN)
The Constitution having declared that the President
shall nominate, AMI by and with the advice consent
Of the Senate shall appoint amba ssadors other public
ministers and consns the President desires my opinion
Whether the Senate has right galiye the grade he
may think il exp-dien, TO 10 aorega mission well
as the person 10 be appointed 10 fill that gradtl
think the Senate has right TO negat the grade
The Constitution has divided the powers Of government
into three branches, Legislative Executive, and Judi
cary lodging each with distinct msgsirary The Lee
gislaiiye has given completely the Senate and House
oil Representatives. IL has declared that ''the Executive
powers shall be vested in The President submitting only
special articles Of Il negative by the Senate and il
has vested the Judiciary in the OF justice,
With certain exceptions also in favor OF the Senate.
The Transaction OF business with foreign nations. is
Executive sllosehsr II belongs. then, the head Of
that department ersept as 10 such portions Of
construed strictly The Constitution ITSELF indeed, has
taken care to circumscrbe this within very strict
ms Tor il gives the nomination Of the foreign agents
TO the President the appointment to him and the Senate
jointly and the commissioning the President This
analysis calls our attention to the strict import Of each
term 10 nominate, must be TO propose. Appointment
seems that act OF the will which constitutes or makes
tho agents and the commission is the public evidence OF
IT, But there still other previous 10 these acts
specially enumerated in the Constitution: To wit The
destination Of mission TO the particular country where
the public service rails for it; and g. The character and
grade 10 be employed in IT, The order of all
these Is, Ist, Destination 2. Grade, g. Nomination, A. APP
pontment. o. Commission IL appointment does com
preend the neighbong acts Of nomination, or commits
son land the Constitution says il shall not by giving
them exclusively TO the President sill less can il nd
TO comprehend those previous and remote, destna
ton aud grade. The Constitution, analysing the three
last, shews they do not comprehend the two fret The
fourth is the only IL submits TO the Senate shspipe
into right TO say "Ihai or Is unfit TO be appointed"
Now, this cannot comprehend right TO say "lbat
is indeed fit TO be appointed but the grade xed is
the III one 10 employ sour cons with the country
Of his destination such call for any mission
The Senate is not supposed by the Constitution be ac.
qusinted with be Of the Executive deparme Mt
IL intended that these should he 10
them; they therefore, be qualified Judge OF the
necessity which calls Tor mission particular pisce
OF OF the particular ade, less marked, which
special aud secret circumstances may call Tor All this
10 left 10 the President They only that no unfit
person be employed
II may be objected that The Senate may by continual
negatives the person, DO what amounts 10 NJ gsve on
the grades, and so indirectly defeat this right of the Pres
dent. But this would he breach OF fust an abuse OF
the powers cobded 10 the Senate, OF which that body
cannot be supposed capable So the President has pow
TO convoke the Legislature, aud the Senate might defeat
that by refusing This equally sn,ounfs TO
negative, or The power OF okng; yet body will
Bile OF u>Urping il,by such obique means n The Com
stituon had give the Senate negative on the
grade or desDation, well the person, IL would have
said in direct terms, aud left II he ell, ced by
ride wind IL could 10 give them the use OF
one power through the abuse OF another
(PROTEST)
Gentlemen Of The Senate.
Your House has been pleased to communicate TO me
their resolutions, pUrporng decision by en that II IL
exPedrni, &e, &c. from ehenee an piicslon arises,
that 10 their opinion they might have decided that no such
appointments were expedeni.
Alter mature consideration aud consultation, I am Of
OPINION tia, the Constitution has made the President sole
competent Judge TO what places circumstances should
render expedient that enbassadoTs other public mi
s,ers should be sent, and OF what grade they should
And that ascfibed to Tie Senate Executive ACT,