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


appointments not communicated to the Senate
Mr. BORLAND said:
speak in the midst Of those who in every respect and
particularly by experience here much better quail
fled than myself TO do But it is my opinon-and !
deem my duty to express tthal the proposed call upon
TIE President is nqusitoal, and beyond the just power
Of the Senate.
do not know whether was in my seat when this
resolution was introduced and passed few days ago
AT any rate, did not hear it, hear of it, until the mo-
ton TO reconsider made by the honorable senator
from Ohio, (Mr. ALLEN And doubt whether more
than dozen SENATOR'S even If many heard any more
about II than did. apprehend that even by most oil
those who cognlzant Of its introduction was re-
garded ordinary resolution of inquiry which no
senator would hesitate to pass the President object
TO But, be that may, now that do hear OF
It, now that do know its character, glad that II
has been reconsdered and feel bound to protest against
What the resolution, SIR
Resoved That the President of the United States is
quested inform Senate whether ay officers nov
In the military civil service Of the United States under
appointments from the President. winch have mon cen
Pontmenu, that he the date Of such appointments
and why is that has been IN the power of tho Pres
dent submit them the consideration Of the Senate.
am aware that its author has agreed to modify ithas
agreed to inquire only "f there are any yet
sent in" This does not in my opinion, materially alter
the question 1t still inquiry about certain kind
of appointments; and it is the subject the terms OF
the inquiry which gives it the character to which OBJ
ject
This resolution, and especially its notification is in
few words; and, sat the first bush' seems very com
monplace in character, and harmless in purpose. And
far as the motive OF Its author concerned, will not
believe will not entertain the suspicion that any wrong
intended. The inward purpose OF the mover was
doubtless, harmless in Intention his resolution is
fair in its outward seeming But sir, apart from motives
and Intentions cannot help entertaining the opinion
that this new occupant OF "the meal tub" however thick
men of the feline race will not say, Sin face an angel
and ia heart cat but yet grmakin-ay, sir, ga pc.
litical grimakn' not, perhaps, 'puning over petty
schemes of personal aggrandzement," but without
claws; and they, too, OF unconstitutional length.
To drop this homely figure, believe this resolution so
simple in its first appearance, will be found upon inspec-
ton wholly unauthorized by the constitution and Justly
liable 10 instantaneous rejection.
In this utter of appointment Office, the relation be-
consttuton-and not otherwise Now, sir, that portion
OF the constitution establishing this relation is contained
IN single passage and in words too few and plain be
misunderstood 1t is found in article g. section q and
clause q and is in these words Sand he he PRESIDENT
shall nominate. and, by and Nth the adpce and consent
Of the Senate shall appoint ambassadors, other public
ministers and consus. judges OF the Supreme Court and
all other officers Of the United Sates whose appoint.
mens are not herein otherwise provided for, and
which shall be established by law" have searched
the constitution with some care, and am unable to
find another line, word, or syllable in relation to
any JOINT agency or duty. between the President and
the Senate. in relation to appointments to office,
whether civil military But sir is not all that NAV
be found in the constitution in relation to appointments
to office by the Senate or the President separately Let
us see what other provisions there this
mot OF tnf agency but OF separate and Independent
tion on the part OF these two departments OF the govern
y, i,
is in these words "The Senate shall choose their own
officers and also President pro empore in the absence
OF the Vice President when he shall exercise the office
OF President of The United States" Under this clause of
the constitution, did the Senate not, the commence
men OF ls present session. appoint Secretary its Ser
geant at arms its Doorkeepers, and its President pro
tempore! BY whose aid, cooperation, Joint agency
did it exercise this authority Did the President Of tie
United States interfere in any manner' Did he send
here to inquire whether that authority had been exer-
csed! Even if the appointment OF any one. all of the
officers of this chamber have named, had been DELAYED
neglected, could he rightully would he have pre-
sume play the inquisitor, demand of this Senate
this duty had been performed ask for the delay
or neglec Certainly not, sir And why not Because
the sole authority to make the appointments in question
has been vested in the Senate-in the Senate alone BY
the constitution as have quoted it. The exercise OF
this authetyfree from restraint interference, be-
conferred and therefore guaranteed by The cons
tnonhas been enjoyed since the original organization
of the Senate Certainly President has been found SO
unmindful OF the constitution he had support,
to oversep the barriers it up him, and invade
the authority confers upon another department Of the
government in terms plain and papable these. Had
any President done this then would say his act no,
only nquisitora but entirely beyond the sphere of his
proper power.
But sir is not the Senate alone which the
suuon confers this separate and Independent authority
to make appointments to Office Clause g. section 9, and
article 2, OF the constitution, is in these words:
The President shall have power to I'LL up all vacancies
that may happen during the recess OF the senate by
log eommissons, which shall expire the end OF their
next session."
To whom is The pows to appon. here given To the
Senate! NO. 10 the Senate and President Jointly No
To the President by and with the advice and consent OF
the Senator No; but to the President alone and excu
sively. Really, sir this clause, | remembered it,
seemed so PLAIN and papabe, and yet was ii fatty in
the ace OF the positions assumed by the honorable sena
tor from Maryland (whose eminent character every one
respects that almost doubted the fidelity of nv own
recollection, well of the constitution itself as of those
high authorities whom | was early taught to con.
suit for it's faithful Interpretation in the light OF
first principles. | was staggered, however, but for
a moment BY reference, | find my memory was not
at fault, in the one the other The constitu-
ton remains the when first read it-among the
first things learned to read and the oracle gives out
the Interpretation when first consulted II fol-
lows, thenand am sorry for ithat must dissent from
the positions of the senator from Maryland In doing
So trust he will not suspect Of vain reliance
my own Judgment yet of savish obedience to au-
hority rely no further upon my own Judgment than
every man Is boun1 to do from of duty. And
the authority IN this instance yield respect to,
which, apprehend, the senator himself will acknowl-
edge to be deserving OF it readily do will read
sir, from an old work-a work venerable from age
venerable from the circumstances under which it wa.
wten-and the to be venerated still from the great
ability, the pure motives, and the holy purposes OF its
authors II is work. sir, from the hands OF those great
and good men who had conducted our country through
the storms and pers OF the revouton-wo had proved
the insuficiency of the conedcraon-who had formed
the constitution, and who then forward in these
pages, explain and recommend to the people the unda
mental law OF the land upon which might be raised, and
great republictbe proudes monument to public virtue
and political wisdom the world has ever known
The work is that collection of essays called the FEEDER
a'isl and the particular number (67) from which will
read, was written by Alexander Hamilton. In cxpana-
uon of this very of appointment to Office, he says