Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-12-07

snefping claim IN iaf"f ~ te GAce"ts', W" 49,. .,h
legislature give IL him nRy conarcson WI" e"9 SUI,
81 modify il. 10 do all and every thing III am
,Lant il, as ,ncidcntai.' ind not only ms nu' y :.
.,a d;ree,. and remoyc officers a, his wal pa.
nable enough, that such 4 earn as 'ii'S Is i.p"- g
lac 10 me Constitution, and 10 the wh"tr 'ac"!; ',
The Government; int deny that IT'S ~ a. ~
- Tho l,nounse used Ivy me. My deduction rs 10 u
,m,,.d IN n par;,cu.lar case, Of which alone Vas s!fah'
ina case in winch Con .ress had inll power, e"'''
/, nnno,nt The pay,ng agents, or 10 dcv"ive 'he ap
n,intu.u, nn the Secretary ut War, or any "'hei ~
ecu,,vc officer, and ~ winch the i"ice an" ehFS' - -
" words employed hr them were !" oe Se''.'a :
binary rules oi Interpretation
r.git exist t%nappolat an a@thi ~ P'ases "
there are none, Il must te hunted y" ri'crs =. =
Scr,p,,on: Whilst l., represents III" as "'"'"f'"s "'
r,rht .tInto a rirht H. Appoint agents - an piae's' -" ~
especially in fltcrn iSacrs whcr" the IA" Ia" 70
established them ana lrom his rc'HaFks' as wen +" ;
fran those Ill the in;rllisrncer, the reaief WOMB sup
,,se that nv OPINION sustaining the "i"er OF o'e'S''
nv Cass, BY which h., appointed new paying 'se"'I' :
tie exclusion If The liank Of Tn U. : anu It's pfaic"ts
was entirely founded on this argument-an arguneh
which. ON the face Of The extract, appears TO De sn5
oe sted some what donbiingly, and ralier as a seeming
CONSEQUENCE of The position which precedrs y, IMAM ~
, nos,tive conclusrur If the wri,er : 'nnd. Du', pS
referring To tho opinion itself, It VIII pr seen mat t'ts"
on various other grounds; that the remark IN question
wos merely a passing one, made N connection WIN
rsnI, n an arnumen, of Mr.. Brddlr; and that n" pass
age in which IL If found, ant when - qu"'ea oy ID.
ass,,lan,s. has been 80 garblrd rs them as to proven
his connection from beng seen IN the extract.
Mr.. B,ddle, Pr.-,d.i Of TIL Bank al The I =, IN ,
letter 10 Secretary CTS, had maintained thu, The WORD
of the act of 1882, requirin. the payments 10 bs maa'
!. n, suc., piurcs aud times as the Secretary mlshtJa
rect" did moi confer any authority 70 appoint q Hnmt
10 nan, hut only I" appoint a piafe ',he!e, anfr quot
,,6eu. In rccriyr. In answer Ia tins, sud: "h IS a
mn SUBSTANTIALLY III" position of Mr. BiTosaicn, TIN,
jatui objection IL the uhirerSai.iy 81 M,snymcnt Is unit
as the pow err 10 appcin. The place = place al which
mi,ed, the Secretary may apP4scni, : Meas above
there is no bank or other peas
quoted. - 10 show that other Gna
The opinion then proc formed IN the Law, the ne
more impor,a,i wofds IS 10 cpn!dc tho whole bust
cessary r!Irc, Of wtpen,, iuclad'ns the power Of aP
mesa Of mak'ngjn lag whom il shall hc made, 70 '"e
pointing the 'esve y, 10 the public to decide "hta"ci
Secretary. nas been fairly dealt with, or has been "tort
my opinid perverted for political effect.
tureddiy: The order of Secretary Cass connected IT,
10 some extent, with the heated controversy which
distinguished the session of lS33-i; and Inc IKE GIVE
took place among political men in ana out OF Con-
vrrss. in respect Ia it, as existed in regard 70 inc re-
noyal of the general deposites from the BANK oslhe "
Il was the fasbion OF that day, with the more ''o,
opponents of General Jackson, 10 charge upon all
sustained him, a blind subserviency 10 ms views,
THIS spirit Invaded the Senate, "a large MAJORITY VI
which was opposed 10 the Administrations ana leu 70
tho rejection oil several important
order of Secretary Cass and ay opinion IN favor oil us
VALIDITY. were fully discussed III thai body, ana were
oyerrnied, on the lnain point, by n strictly party Vn'e'
hut nv nomination as Atiorney-'rgi'crai Was, u ie"
weeks afterwards, confirmed without oiJeclioh' 'nus
showing, that while my political opponents u'sse"'e"
from the views taken in my oP'nion, they discoveries
no plausible ground for impeach'ng he integrity o. the
Independence Of lis author.
". Opinion and argamtnt in tie case Of Stockton and
Stokes. -The structures IN ii!e American on ms cas'i are
as follows.
..Tbsn comes the famous case ofS,nck:nn and Stokes
limos KendaH, then Pusimasier-Gr'era' the aich }ac"
bun Of all the tribe, undertook I" 81 n n"'::Ai, III 'h'S
ease. the direction oGa committee IT Tie senate, tia
slI"wanes . nd md p, a,9, 81 b a.i'r'l DC =, a maIr t. to
the SUPREME Court Of Tie Us i"' = ldHdGWsS, and
10 arruinr against this applicatonNaiF. A;iarnej-Le'
ButIer AGAIN arrears as the l.,|l.tunrd supporter
of Executive prrrogative, at Tie expense Of the private
rights and interests Of the citizen.
"lYe cite in evidence the annexed statemen,, drawn
Up at the time by an car-witness 81 whai we te'a,f'
and which is moreover abundantly confirmed ny Tue
cop,emooraneous newspaper :epoFts Of what then and
there occurred.
ga somewhat curious scene occurred in the Su.
preme Court on Monday, immediately before the ad.
iournnent. The opinion in tie Aiendanus case had
been delivered during the morning Mr.. Butter rose
remarked, that he was ahou' TO snb::is an applica'
,ion growing out of The opiaian which had been read
~ '"aS' 49, 49, r. -
had been argued al the oar, lhN' III consequence - ~
duty being imposed upon The P~restitnt, " Tie eohsu'
tuition, to see ,hs, the laws were faithfully executed,
and his official oath, ,aat The Executive possesseo .ne
power of io7bidding al officer 10 exrcutr a particular
Jaw. Mr.. B. said, that Il was possible that, IN ,ae
ardor of debate, hc might have employed, 'nanVer!ent-
", the language thus attributed I" himself ana MS
associate. Ii was rosaib!c, tha' ow ne 10 the inpsr'
fiction Of language, end the difficulty when always
existed in conveying 10 he MR. 81 eanther The ideas
which one is drsjrnus nf exprcs Alg, he might have
used language which carried To- I k1;nd oT The Court,
he idca il, had been supposed ! Ter. However II
migi., be, IL owed i, 10 himself, II station he held,
10 The Cont, and 10 tho country tisarow The doc.
,rinr. /, was one viach he I'D ~rrer entertained,
one which, H. had never ~Grs;srrG 'n"xrrrs., one which
he a5horrsd and repnlilied. II wonld. therefore, Dr. .
matter &c great satisfaction 10 i m-eif # the Court
could consent 50 TO ,uoGrfy rhnr par: If the opinion, as
10 relieve Inn from the position n winch he was placed,
az the p7omu!ra,or &C such an npin,sn. Ii the Court
could net 50 Jar rra.ily his wishes, he hoped the Re
porter would, in his repor, of The case, state what had
now passed.
un. ,,.to. Tbo,rvo, ohoc,,,a .b,, he hed bccn
40 n.n r -. con,, n dslTyc,,og he oo;nion which
-. 80 IL 80 ha,ancr u,,h ,,a., s,,,n,,on
laa Z " - - ~,