The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-09-02

TulItOTt, I
department? The difference in The two branches OF the
government infinitely in favor OF the legislative branch
They the OF the freedom OF the people, and.
rom their very constitution, must be they have ever
been; and such. believe is the public sentiments and
predict that confidence in this power. to use
the term used by the senator from Ohio about to be
eAthgushed forever. He who attempts Ia exercise the
prerogave of king. will share the Of kings and
to the prophetic lines OF Byron which has pleased
Tod 10 suffer us TO live TO see fulfilled say, I'D
God save the King and Kings,
For II he don't doubt If men will longer
! think hear tide bird who sings,
The people by and by will be the stronger"
word or two upon right pass this particular res
oution; and with my thanks to the Senate for the in
diligence with which they have listened 10 me. shall
leave the matter their hands The resolution in the
form hich it has assumed, asks the President of
the United States tell simply it, in fact there are any
officers in the military civil service of the government
under commissions by him, issued during the recess on
which he has not since the session commenced, consult
ed the Senate. That is all. Now, whether we have
right to be officially informed OF this fact. is the ques
ton Let me imagine this case The Senator from Ohio
referred TO it for another purpose the other day Let
suppose what might happenwhato some extent las hap
pened-le me suppose that Judges OF the Supreme Court
of the United States had been appointed, during the
cess OF Congress, by the President They meet here
say nothing of the private interests of suitoFs We
assemble on the LIST of December, and so do they They
on I'LL July; indeed it has been proposed to have them
M the whole year. An honorable senator, at the end OF
months of the session, says that there are nine gem
uemen in the courtroom below exercising the functions
of judges, deciding the rights of property and the
rights of individuals giving constitutional law to the
country, by deciding, and deciding finally so far as
particular present themselves, upon all consltu
tonal questions and that he wants to know what they
are doing there-who pni them there AS senator of
the United States, he does not know them. The Sen
has been in session for six months, and he states
that he has received official inform iton under what
they aog because ha' Of mere s OF
the incident 10 hls general powerno SO
much incident a, because the general power is INSULT
cient, being impossible TO keep the Senate in session
aIWayS--tO officers
But concerning these he asks, how is It that they
are exercising the functions of Judges Are they doing
so under commission from the Executive? The messages
Of the President make mention OF any such appoint
ments. We do find the names OF some hundreds of Off
ncated 10 the Senate but these not among them. |,
then, propose very respectfully, to inquire OF the Pres
dent whether there are any such officers IN existence;
and if SO, under what appointment. That is all But
democratic senator, democrat par ereenentehe homo
rabIe from Ohio who is thoroughly mbued with
all the fashionable democratic doctrines of the day,
particularly the democratic doctrine relating to
cutve power denies our right to make The inqui-
ry Sir. are the Senate to- sit here simply to wait
the time and pleasure of the Executive Are we not the
guardians of the people, and, such, bound 10 that
the peoples rights not violated Is it not ourprov
to watch their interests Ii we appFehcnd
that rights are being abused by usupanon, is it true
it democratic doctrine, htt we have no authority 10 IN
qure the fact and apply The remedy the fact shall
be as supposed? The power OF appointment is in the
President and in the Senate conformity But because the
Senate could not always be IN session. another power
was given to the Executive keep the country always
represented in all its agencies but il is not power to ap
point, il is only power TO fiji vacancies The language
Of the constitution is, that the President shall have pow
to fill all vacancies that may happen during the re-
OF the Senate, by granting commissions which shall
expire at the end o their next session" That ~ TO
exgency of the occas.on which cannot be supplied
by the of the technical power to appoint
vested in the President conformity with the Senate
not in the President alone, to keep The wheels OF
government going, and to prevent any OF its func-
tons from falling he shall have authority to fill. not by
appointment, but by issuing commission, which shall
aat the rmI natl of
the first construction put upon this power OF appoint
ing? We all know that in the origin oil the government
MS council Just the head OF government with an
executive council consus his council. Now, does my
honorable friend from Onlo believe that, if Washington,
being President was IN Your chair. or beside you, and
doors were closed and any member OF the Senate
respectfully inquired of him if there any per-
sons in Office whose names he had not communicated
the Senate, that he would feel himself insued by
such inquiry, or that he would refuse to respond to
il? The President being here, where he would have
been such occasions, II the original mode OF pro-
ceedng still pactlsed-the head OF the govern
rnen being here, vested as he Is with functions in
which the Senate mas conolnt Observation-Disclosures
with power over subjects upon which both are to
act Iontly-cIothed only with power TO appoint when
obtains the alvce and consent OF the Senate-cothed
with authority to I'LL certln vacancies as matter OF ne
cessty, IN the form OF missions which are 10 expire
at the end OF the had asked him. in decorous
there IS cepan Gideon Pillow acting as general in
Mexico; mighty man OF waT-decidng national COM
bats by the strength OF his individual ARMAND perform
worldwide fame" Suppose, sir, | had asked HIM, Is
his gentleman general the army OF the United States
by your appointment? Would he, think you sir, leave
ais and walk out p? oud he feel his pride Offend
ed-nis dignity insulted-hs official constitutional power
violated Imagine not, sir imagine that he would
ely the inquiry. Now, that is all that propose to
10 by this did al trst propose to go step
further; but changed the resolution that particular,
order 10 make IL acceptable TO my honorable friend
rom Onio. have doubt, however-indeed, cannot
anyhat If the resolution had passed as originally
Drawn, the President would have answered 1t, and told
us why he had not sent in the nominations, and would,
hope have given good for not having done
so. fttN H
The honorable from Ohio told the other day,
mat the President might well ask why tagging
IN our legislative duties; that he might well call upon
rs give why we do not pass all laws
,rly day. and not put them off lhe last moment
deprive INN of the opportunity OF exercising his
power. Now, there may be very gool reason Tor not
signing bill about which there is constitutional
doubt If II be delayed long to afford no opportunity
examining IT but IN such case, what causes the legs-
to delay? Ii is because the legislative mind is not
made up, not prepared act WHAT similarity is there
President doubt that Gideon J. Pillow should be
II he did, he should have appointed him. He
nd not doubt it when he appointed hm does he now
# he does, certainly he should appoint other
,erson his place Does he fear that he will not
etained IN office, If his Appointment Is submitted to us
Then he ought TO submit him. II is office, Sit, which
should hold who is not justly above suspicion
Sir, this is the point of the argument trust that the
President has some good for withholding the
domination he wnhods because he auprs hens