The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-05-16

AS an obvious and necessary consequence of these
views insist, sir that the President has no authority To
send to this body, for confirmation, any appointments he
may have made under this power conferred exclusively
upon INN and even if he send them here this
body has no authority to entertain act upon them
either oI continuation or rejection II there exist any
such authority either to the President or to the senate
desire to know where il may be found In the consu-
uon, where the whole matter IN question Is eohcusvey
disposed of, there is such authority Though not
well read in our statute-book, assume that no such
honly is there because, PtoRdfS cano. DC mere
it is growing sentiment throughout country SEN
tment promu gated from the Executive mansion the
other end OF the respected on this floor, and
the other end of the Capitol and cherished even in the
humble cabin of the far western seter--tha this gov
ernmen either whole, or IN any of its depart
ments has power and can exercise AUTHORITY moi
expressly granted by the constitution, unavodably in
ciden to the expressly granted powers have the au
horty OF Alexander Hamilton for this doctrine likewise
am saying nothing new, therefore, either for myse H.
for any other person upon this floor who NAV be in
the habit OF avowng this doctrine But what is far bet
ter, am saying what is correct and true; and because
correct and true, what was among the potent and
elective lnstrumenlaties in satisfying the minds of the
American people to the safety and value of the cons
tuition, and by consequence inducing them to adopt it,
Under this authority to the President, ngiY to appoint
to office, he alone can appoint, and bound appoint
without the cooperation OF the Senate as, under the
authority to appoint jointly with the Senate he is bound
to appoint with its cooperation He bound by the law
OF his authority, In the one in the other, and as
well in the mode in the matter of appointment If he
look 10 the source of his authority he finds there not
only the power but the prescribed of its exercise
They are nseparable in the constitution and he is not
competent to their separation Nor sir is this Senate
competent TO separate them. And yet, thus resolution if
it anything at all, proposes 10 do soproposes TO
separate the manner from the act of appointmentpro
poses that the Senate shall participate power with
which the constitution intended should have any,
thing to do but on the contrary excludes il from all
concen-proposes, word, direct usurpalon of an
thory, the very face OF plain and express provision
In this claim of power for the Senate in this matter of
appointment, there has been evinced remarkable and
think, most extraordinary OF disc nination be-
tween the two clauses-the two only clauses of the con-
stituton which embrace ii. They to be confounded
in their application to the separate purposes for which
they were designed and, consequence, the purposes
themselves have been associated overaIped and blend
ed together IN confusion that seems almost exrica-
BILE 10 those who have produced it, if may Judge from
their mode of discussion. The first of these clauses
which gives JOINT authority the President and the Sen
ae leaves the part to be performed by the former very
incomplete in itself Under this, the President does not
at first, appoint--he only nominates and the apnoint
men is not made, the commission granted until the
Senate has advised and consented The appointment thus
conferred by the JOINT action of the President and the
indefinite duraonare intended for the liiem of the
recipient How different the other! Under that which
gives authority to the President sngly, the part per-
formed by him is complete in itself He conters the
appointment :. OF his own mere notion" and grants the
commission at once. Even in these particulars a dis
tinction and difference are found between the two
clauses in question. But this distinction and difference
are both even more strongly drawn and more broadly
marked by the duration of the appointment provided for
by this clause Under the other has been that
the duration is ndehnitebut designed to be for life
By this, the duration is limited to the termination of the
next session OF the =; Ssnae BRt within that period
complete and authoritative as any that receives
the operative of this Senate, or of all the de-
partmenls of this government combined. b
said that the President could not send these appoint
mens before the Senate and if he did So the Sen
ate could not entertain them, act upon Them either
for rejection or continuation. repeat the assertion.
say 30 under sanction OF the constitutions and of the
| hHv ado
| the appointment, they beyond his CONTROL ex-
cept strict conformity with the law. Having granted
the commissions he cannot interfere with the-certan-
y cannot take them back except in the manner and for
the that the law prescrbes aud that manner is
summary dlsmassa from the SERVICE trial by court
martial and those must be bad conduct on the
part of the persons holding the commissions Much
less then, sir, this Senate take back these com
MISSIONS in any manner interfere with them for
neither by the constitution, by any other written
or common, bave we any thing 10 do with them The re-
cipents oil the commissions IN question have acquired
rights under them-lega rights the duration of which
the constitution itself makes coextensve with this
sion OF the Senate. Shall the Senate itself into an
exra-iud tribunal, to go behind the pe-exstng
laws and deprive individuals of rights already acquired
under those laws? Shall we assume an auihogi-
~ paramount to the plain terms OF the constitution
naugh its provisions and violate its guarantees? trust
not sir And yet, unless do all this, do not see
upon what ground this resolution can be adopted.
1t is true, sir, that the President may appoint the same
individuals, who hold these temporary commissions, to
the same offices permanently; and he NAV send their
nominations here ior our sadvice and consent But i
he does so, will be not under their present appoint
ments for they are complete without operation
but under new nominations. And whatever may do
whether reject confrm-our action cannot take effec
until after the termination OF the pre-exsting commits.
SONS by due course OF awthat is, by the dismissal Of
the individuals from the service their voluntary resgna
ton, the adjournment OF the Senate
The honorable senator surely wrong yesterday, in
assuming difference to exist between officers holding
these temporary appointments, by authority of the Pesi
dent snKy and those holding by the Joint authority oil
the President and the Senate, their liability dis.
mIssal from Office Under the law, understood and adj
minsiefed, there is difference in this respect The
regular mode OF dismissal by trial and sentence of
court martial But for cause--of which he alone NAV
ulge,he President has the lawful authority to dismiss
summary, any officer OF the army navy from the
vice. no matter what may be his grade, the 81
his commission And only the President, but oihei
officers OF the army have claimed and exercised this a
thory. was once, at least exercised by the late Gen
Brown; though, believe. upon appeal a court martha
restored the dismissed officer. know has been claimed
during the present war with Mexico by distinguished
general, now commanding army in that country will
leave him to tell why he did not exercise it.
AS have said before if these appointments were be
fore U.s. could not entertain them, ac upon them
because the constitution has, in express terms, fixed he
duration. IT, them could not act officially upon thu
information which the resolution calls for, if had it
must follow that we have right TO ask for, and
authority to receive it. Have we Individuals desired
this information then, as individuals, already have
it, certainly and fully it could be communicated
if the President send here written message
or come in person and deliver it. In whatever aspect
then, regard the resolution, II is either useless
pertinent AS senators, could not the information
we had it, As individuals, if desired it for
and complaint, surely have quaiied its cup to tn
dregs and found those purposes fulfilled, or the honora
L. l. Il =