Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1843-05-15

| Mclean, who nominated, appointed and commits
stoned supply his place. but declined accept the ap
poinment and the subsequent appointment Of Mr. Spencer
during the Can IL be Mr. Webster who advances
this anomalous and dangerous doctrine which strikes the
foundation of all power the part of the Senate in re-
gard 10 appointments II il comes from high source
IL Is entitled u full on which propose to gve
though pray God that practice Of the Government du
ring the administration OF the present incumbent
be looked hereafter establishing precedent that may
be followed or Justified
In legal contemplation then. when officer is nomna-
ted, appointed and commissioned the place is 6ied How
then it in the OF the appointment and commits
sion OF Judge Mclean the War Department mentioned
by "Wi" Why according to his reasoning the office OF Sec
rotary of War sLied BY whom BY Judge Me-
Lean who the filed the office OF Of the
Justices Of the Supreme Court could this be 50 and
docs inevitably ut from the premises assumed by
! "w."
Again. on the asst night OF the session of Congress- MIR
Spencer, who then Secretary OF War, nominated.
appointed and commissioned Secretary Of the Treasury
The office OF course 6iled and if filed all. filed by
Mr. Spencer but he did accept for several days
haps weck-during which time he filled the office of Sc
crctary OF War. Herr then e had n Secretary Of War
aud Treasury the person: and with Mr. Everett
when he Commissioned Minister China, he filled
the missions, England and the other To China.
Ii the proposition Of "W." is rendered sufficiently
absurd alrcady-let examine little farther. The Con-
suton of the u. $ declares that person holding any
occ under the United States shall be member of either
blouse OF Congress-" Suppose the Legislature of Massa.
chusctts elect Mr. Everett Senator Of the u $
aud send him his according "w." the office
OF Senator would be filed by Mr. Everett and he would Mt
once be disqualified from holding the office of Minister
whether he chose TO accept not-thus putting either
the o: the people by election the House of Re-
personalities, of State Legislature by appointment
the Senate, disqualy any they thought tit
any officer the of the United Sates-a pretty
mary mode truly! and it had been promulgated little
sooner, II that "W' himself III he be Mr.
WcbSier) might not have been translated from the State
Department n the House OF Representatives by
friendly district Massachusetts, his filling the
place would have disqualified him under the constu.
tcn from holding the other. 1t
thing for the Captainot elected Wing in this State
resign his and let the people elect Mr. Tyler Con.
greSs and them according the principle upon which he
himself has acted his nils
the place, and under the constitution he disqualified from
holding any office under the United States and of course
ceases of be Presdent-but l imagine if this ssheme
were attempted-the acting President and "w"
would both discover that office not filed
until the appon,cc accepted and gualtHed-and if this be
the construction, assuredy be- how can
be coniended cvcn the absence legal prohibition TO
send minister China until he should have been confirm.
ed by the Senate that this vacancy happened during the re-
by the the President is only empower
cd 70 h vacancies that may happen during the
But, in truth there is vacancy be filled The appoint.
has been authorized be made this time Mr.
Berrien, rs Attorney General in opinion given ON I'd
April 1880, says: "I the vacancy exist during the SEES
sion of the Senate, the rst Of office by
la,c has been held that the President cannot appoaf du
ring the recess unless he specially authorized SO to
do by law Congress IN reply the suggestion OF
the Executive, that agent should be sent to China
said substantially if the Senate s act upon the
nomination, the agent may be sent otherwise he shall not
be sent and Mr. Everett having declined the appointment
IL MAIN ,a under that
until the Senate shall again assemble and ray nomi.
OF the President and IT be true that Mr. Cush
ing has drawn for and received his outfit and salary las re-
ported the public prnts then the accounting officers that
have sanctioned its payment should be held responsible in
their individual as we'll official characters for the monev
as well as for their misconduct and ii not too late
now to talk about impeachment should say that more
fragrant nisdemeanor calling for the nierposon of the
Grand Jury of the Nation could have been committed
by Mr. Tyler than by the appointment of Mr.. Gushing To
this mission; indeed his appointment any office under
the circumstances OF his late rejection By decided vote
Of the Senate manifess clearly his disposition 20 de-
pFivc that body OF its constitutional perogave which is
/ equal to his own IN the power OF appointments
| [See extract from his Message belol1 in motel
Admit this be correct and what becomes of
thaiprovision OF the Constitution which 1.-THE Pre-
sdentsha nominate by and with the advice consent
oihe Senate shall appoint ambassadors other public minis
ters&c. &c. 1t longer worth the paper on which it is
| written! we nave already the TYSON
Armstrong, who continued office after they had been
rejected by the Senate that the power the Senate was ut
tery aud entirely lost in all in which vacancy should
originate during the for cOnended that their
commissions did not expire until the end Of the session Of
Congress-and they accordingly dismissed w.
sons office subsequently abolished by Congress- but
Armstrong continued until the end of the session in Office
The language Of the Constitution Is: Tho President shall
have fill up all that may happen during
vi by
shall sJpTe % the end Of their next session. The in
depreciation given by this administrations well as that of
Cen Jackson, in the case Of Gwnn and Isaac HILL 20 this
clause Is, as IT, the commission, shall continue until the
end Of tue next session, whereas manifest that 1t must
expire whenever the Senate shall have acted upon the nom
nation; for by the decision Supreme Court in the case
OF the United States Kirkpatrick the commission Of the
President ceases to exist confirmation by the
senate, and new bonds have TO be TAKEN and new COM
mission granted and the securities the bond under the
hrst temporary appointment longer held liable for
any default OF the officer after the action Of the Senate; and
is commended by their constructions that although the
commission Of the President, under temporary appoint
made during the recess to exist on the conf
nation Of the appointment by the Senate still it docs not
on the rejection Of the nomination. but continues I'M
I'll the end OF the session Of Congress.
Mr.. Writ when Attorney General in his opinion given
IN the case OF Cen Swartwout Navy Agent in October
1923 expressly holds that the commission lasts only until
the Senate shall have passed upon it, and the true in
depreciation Of the clause above rccited is that the
mission shall continue until the end of the session. but that
at all events and under all circumstances shall expire at
the end Of the session, whether acted not Admit
the Interpretation Of the present administrations and which
has been sustained by Congress last session by its re-
fss mposch the acting President for this papabe VIC.
lauon Of the Constitution, (ths being Of the charges
prefeued) aud what does it lead to-.
vacancy occurs during the recess an appointment is
made by the PrcsdUnttho nomination sent 10 the SEN
ate at It's neetngthey enquire into the qualifications char
acer and habits Of the ncumbcn-hoy pronounce him in
competent dishonest and unaithu-hei continued in Of
fee until the end Of the session. which may be many
months, aud then vacancy crcuiod aguin when
at the end Of the session! that Is, when Congress ad.
Iourns and not before Of the vacancy happens
again during the recess-and there is no power on