Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1843-05-12
The Mission 10 CAina.

It is understood that Mr. Edward Everett Minister TO
London, having declined the Chinese Mission Mr. John
Tyler has proceeded TO fill with Caleb Cushing who ac
cordng TO rumor, has not only accepted it, but already
drawn and appropriated part, least of the outfit This
indecent haste Is Characteristic OF that clique which
sways the destines OF this great Empire.
The dto OF the last Congress- creating this Chinese Mis-
sion, Is quoted large in the following article from the
National lniegenceT, quoting article from the Courier
Y Enquirer, to which we beg leave to call
To the Editors Of the National Iafeligene,r.
Messrs, GALES SEAroN find the following in the
New ork Courier y Enquirer of Monday last
The Mission CHNA.-The impression appears to be
ve general that Mr. EVERETT having declined accept
the appointment OF Commissioner China the acting Pre-
sident will proceed appoint some one TO that office The
views OF the Executive this subject have been una
bic gather from any thing that appeared in the Official
Journal but from its silence Notwithstanding the general
prevalence OF rumors this subject infer that the Ad
mnistraton contemplate sending out some Commits
sioner early period. This inference strcngthened
by the TACT that Mr. tLsTcHER WEBSTER is stated have
received the appointment OF Secretary OF legation and
be making the necessary arrangements for accompanying
the mission For ourselves how the acting
President send any this mission without open
and papabe violation Of his constitutional duty and the
oath taken by him that the laws be faithfully executed
The law authorizing and creating this mission is as follows:
"Be enacted By the Senate and House Of Representa-
tires Of the United States Of AHeTieG in Congress
bed, That the OF forty thousand dollars be- and the
same hereby, appropriated and placed the disposal of
the President of the United States TO enable him to esab
sh the future commercial relations between the United
States and the Chinese Empire of national equal
reciprocity the said be accounted by the Pres
dent in the prescribed by the the first of July
1890, entitled AN providing the intercourse
between the United States and foreign Prorided
That the annual compensation any person employed
under tins shall exceed the sum of nine thousand
dollars, exclusive of outfit: lind pTOuided further That
agent shall be sent by Of this act unless he shall
hare been appointed By and Nth the adree and consent of
the Senate
"Ths is the law Of Congress on this subject from
this the President derives oil the power in the
premises, and the clear and xpc requirements of the last
poyo essential part Of the aw which he evade
without laying perjury his SOUL But were the proy
siOns Of this law Of doubtful import which they not its
interpret would be found not alone in the main
object sought be accomplished by IT, the con.
sdeiauon OF the known principles and views Of the egisa
tors by whom II was enacted upon the great constitutional
function Of the Senate in relation appointments.
"Bu It may be argued that, Mr. EVERETT having been
nominated to the Senate TO I'LL this MISSION and such nOm
nation having been confirmed the provisions Of the have
been complied with; and, he having declined TAX the Office
the comes within the constitutional action Of the
Executive in virtue Of that clause which authorizes the Pre-
sdeni to m such vacancies may during the
Of the Senate This the construction which prac
tee Of this Administration has given the Constitution.
We, TO be sure have commended that Office filed
the incumbent nominated and confirmed; but
our opinion has not been sustained by the action Of the Gov
ernment and we not certain hat accordance with
the public mind this subject Be- that may this Ad.
minsatiOn does consider the Office filed all the per-
son who has been nominated 10 and has been confirmed
shall have signifed his acceptance Of 1t. THIS the
construction given IN the Of Mr. Spencer. lie
nominated and confirmed Secretary of the Treasury
being the SecrctIry Of War; which Office he con.
tnucd TO hold for days, when it announced in
the Madisonan that he had resigned the Sccretashp Of
War and accepted that Of the Treasury, and the Pcs.
dent then proceeded TO oil the War Office, which, accord.
ing to this construction Of tho Administration, had not
become till Mr. Spencer accepted the Office Of
Secretary OF the Treasury. II the nomination and
fmaon OF Mr. Spencer made him Secretary Of the Trca.
sury, then he longer Secretary Of War, and that
office had become vacated and II the
uona duty Of the President to nominate some one to that
vacancy during the sitting Of the Senate This he did
do and Tor this We ccnsured MIN being wanting IN hs
constitutional duty, aud answered that acceptance
by the individual thus nominated and confirmed
sary o. c9nsumiuatc the appointment Well be u So then
Mr. Everett has never been Commissioner China, that
Office hos been filled. and vacancy has happened
during the Of the Senate aud the President has
constitutional power O. grant commission 70 any one iOh
that Office. But we will let constitutional question pass
and recur To the rsaIudcd this article, and which
mus, control the Il the constitutional duty Of thu
President % which ho n bound by OATH 10 that the law
be faithfully executed, and he 70 send agent Il
China under this without the appointment Of such ngen
having been confirmed approved by the Senate he wou
be guilty Of such gross and wil violation Of those law
which he hos sworn 10 sustain os would demand his i'm
parchment"
Unjust he permitted say That the Editor is il
be conception Of the prnchce Of the Government unde
this os well under all Administrations. ia person b.
appointed 60 Office, and commissioned, the Office u MI
ed in legal contemplation; and the person thus oppOin
ted and commissioned decline the Office, vacancy ere
atod, which the President authorized to I'LL in the
Every days practice conforms 20 this we'll established rule
a very recent case that of Mr. SFEScEE. During III
session Of Congress September 1871. Nj BILL resign
ed the Office Of Secretary Of war; and JoHN McbEAN was du
y nominated appointed, and commissioned but he de
cncd TO accept the appointment and therefore, Mr. SEN
cER WIS appointed, IN the recess and Immediately enter
" ed upon its duties.
As TO the other suggestion quito clear that Congres
cannot by law, prohibit the President from filling vacancio
occurring in the my office; for that power give
him in regard all officers by the express words Of tn
Constitution.
n MAY .. w,
Z,
- il forosoen and foroknown, that Mr. John Tyl,
j would attempt 10 appropriate this Chinese Mission to hi
own political uses; that he would endeavor through II
means either reward Of his who ha
already proved his ooy him, by establishing his falls,