H. OF R.] The General Appropriation Bill. [MAY 1, 1834. this afforded to the House no pledge that the Execu- minister. But if, during the recess of Congress, the tive would appoint a minister. The same estimates had President should believe that the public interest imperabeen furnished in two preceding years; yet he had not tively required the mission of a full minister to the Court appointed one. Here was the action of the President of London, he had the outfit already provided, and the himself, in direct contradiction to the requirements of the salary could be taken out of the contingent fund for forSecretary of State; and it furnished evidence that the eign intercourse. There could therefore be no serious Secretary was not informed of the intentions of the Pres-evil in leaving things as they were at present, until the ident. He could not believe that the President, who President should distinctly indicate to the House his purstood so high for determination of purpose and consis-pose to send out a minister. tency of character, should twice have told Congress that Mr. C. said, in conclusion, that he could indeed conhe designed to send out a minister, and should twice ceive of one case in which the appointment of a minister have disappointed their expectations. He took it for might become unnecessary before the close of the present granted that the Secretary could not have been informed session. The Court of England had been represented for of the President's views, but that the President chose to two years at the seat of our Government by a minister of keep his intentions to himself. In the present aspect of the highest grade; a man, too, of the highest personal the matter, the House had evidence of his opinion, that qualifications and character. And how were we repreno other minister was needed at the Court of Great Bri-sented at the Court of London? By a mere charge; and tain than a charge d'affaires. For that he (Mr. C.) he a young man, unknown in the public relations of his would vote, but for no more. But it was said that the own country. He questioned much whether the Court of House ought to pass this law for the third time, in the Great Britain had ever so far condescended before. No faith and hope that the Executive would now make the doubt, England had been actuated in this case by reaappointment, because the Secretary of State had intima- sons of State policy, because that was a Government ted to the gentleman from Virginia [Mr. ARCHER] who which never acted without reason, and the fullest considwas at the head of the Committee on Foreign Affairs, eration. But though such a state of our relations had that it was the intention of the President to nominate been suffered to continue for two years, it might very during the present session. Mr. C. considered this as possibly be suffered to continue not much longer. The no higher evidence than was furnished by the annual esti-national pride of that powerful people might be woundmates. They were sent to the House by the same officer, as ed, and the minister now here withdrawn; in which the foundation for its action. But it was manifest that the event a state of things might arise in which it might be estimates did not furnish any certain instruction of the pur- not only unnecessary, but improper, to send a minister. poses of the Executive; and the communication the gentle- He earnestly hoped, indeed, that this would not be the man had read was liable to the same objection; it did case, and trusted that the continuance of a minister of the not truly set out the intention of the Executive. This was highest grade, for so long a time, while no minister of corthe ground on which Mr. C. should refuse his vote. responding rank had been sent to England, was a proof of the amicable intentions of that Government towards us. Mr. C. concluded by moving to strike from the amend ment the word "Russia." Mr. DAVIS, of South Carolina, said that he had an amendment to offer, in the nature of a substitute to that which had been moved by the gentleman from Connecti cut, [Mr. Foor,] and which he hoped that gentleman would accept as a modification of his own." Mr. C. said that he agreed in the view taken by the gentleman from Massachusetts, who had so handsomely expressed himself as to the nature of the communication read to the House by the gentleman from Virginia. He had believed, when he heard that paper read, that it was due to the character of the Executive to have expressed his purposes with less equivocation. What must be the opinion of every enlightened man as to what might be denominated the civilities which ought to be ob- The amendment was read for information, as follows: served in the intercourse of this country with England? "Provided, That so much of the sums herein appropri Was it not that they ought to be of a more marked and ated for the payment of the salaries of the ministers to distinguished kind than with any other foreign nation Great Britain and Russia shall not be expended, unless The relations between that people and ourselves should the appointment of said ministers shall have been made bind the nations closer together; there were connexions with the consent and advice of the Senate; nor shall any and affinities which bound the destinies of the two na- part of the sum herein appropriated for the contingent tions more nearly together than those which connected expenses of all the missions abroad, or for the contingent us with any other of the European Governments. And it expenses of foreign intercourse, be expended in the was probably a universal opinion that we ought to be rep-salary or outfit of such minister or ministers, unless such resented at that Court by a minister of at least as high a appointment shall be made during this session of Congress, grade as she maintained in this country. by and with the advice and consent of the Senate." That was the only public mode of showing that we Mr. FOOT said that the amendment which had now wished to preserve the friendly relations which now so been read met his views fully, and, to enable the gentlehappily prevailed. But England had here a full minister, man to offer it, he would withdraw his own. while we had no more than a charge there. These cir- Mr. EVANS observed that, by the acceptance by the cumstances would have demanded from the President gentleman from Connecticut of the amendment, the ques the sending of a minister of equal grade with theirs, if he tion before the committee had been somewhat changed. thought any minister was needed. But he had not done The proposition had been to strike out this item, and the it: nor could Mr. C. conceive that any thing would arise reason given had been the short residences of ministers in the short space of two months to render the appoint-abroad, and the non-appointment of ministers to courts ment unnecessary, or less necessary than now. The coun- of great importance. Those objections had been met try had been now for two years in this situation, and there by the gentleman from Georgia, [Mr. WAYNE,] partly on was nothing to warrant a conclusion that any thing differ- the ground of precedent, but mainly by adverting to the ent was likely soon to arise. If the President meant to great achievements of the present administration in the send a minister, no doubt he would have told the Legis-foreign relations of the country. On the question of lature. Mr. C. looked to his acts, and he should wait till precedent, the gentleman from Massachusetts had said all he made the appeal to the House for its aid. The first that could be required. The case of Mr. King, which moment such an application was made, Mr. C. would vote had been brought forward as a parallel to that of Mr. Ranfor the appropriation. dolph, was no parallel. Mr. King had never abandoned his post until the near approach of death; but when the There was already an appropriation for the outfit of a MAY 1, 1834.] The General Appropriation Bill. [H. OF R. gentleman was pressed with the case of a minister being willingly accorded it to them, was that of having promptappointed to Russia, and being permitted by the Govern- ly availed themselves of circumstances. As to the inment to reside every where else, he had brought forward demnity granted by Naples, that was almost a matter of the very singular excuse that the mission had been ac- course, after France, so much greater a Power, had cepted on that condition; and yet this was alleged to be a yielded to the equity of our claims. parallel to the case of Mr. King. [Here Mr. WAYNE interposed, and reminded Mr. EVANS Mr. E. had supposed that, when an administration had that a minister had been sent and a treaty concluded with been run down for its great public abuses, those very France previous to the revolution of three days; and that alleged abuses would not be relied upon as grounds on revolution, so far from having been the cause of the treawhich to justify the administration which had thrust the ty, had retarded its execution.] other out of place. This was not according to promise; Mr. E. resumed. How that might be he did not know. and such an argument came with a very bad grace from It was possible the treaty might have been brought nearly those who had taken grounds against the other adminis- to a conclusion under the late dynasty, but the treaty ittration for these very things. self had certainly been made by the present Government of France. The gentleman from Georgia had endeavored to justify the short residence of Mr. Randolph at St. Petersburgh;: But the chief ground of the gentleman's glorying is but how long had his successor remained there, and why the success of this administration in arranging the queshad he too returned after so short a residence? He was tion of the colonial trade; and the gentleman had added, told by a gentleman near him [Mr. SUTHERLAND] that he that, if any member was disposed to deny that the preshad effected a treaty, and brought it home with him. And ent state of that trade was as advantageous to this counwas that the practice? Must a foreign minister always try as it had ever been at any former period, the gentlereturn home whenever he had negotiated a treaty? The man was prepared to go into a history of it from the same gentleman now reminded him that the mission was foundation of the Government. Mr. E. regretted that he not vacant, and Mr. Buchanan must therefore be home on was not himself so prepared; but, if the gentleman could leave; but the chairman of the Committee on Foreign show the correctness of what he had alleged, Mr. E. would Relations had informed the House that the mission was beg him by all means to do it, for he had constituents who vacant, and Mr. Buchanan's commission had expired. were deeply and personally interested, and who thought Why had he returned so soon? Was there any necessity, themselves much injured by the arrangement. If the genin the month of August last, that we should be repre- tleman could relieve them from their delusion, and consented by a full minister at the Court of St. Petersburg? vince them that their affairs were in a prosperous condiIf there was, why did not Mr. Buchanan remain? But tion, he would do them a very great service. Mr. E. had the treaty. He bad effected a treaty, and this was repre- not the documents before him, and could, therefore, only sented as one of the achievements in diplomacy which speak from general recollection. But he would present formed the glory of this administration. Mr. E., however, to the gentleman his own views of what had been done. believed that it had been a matter of no great difficulty. [Mr. E. here went into a full discussion of the West India It was a mere treaty of reciprocity, recognising the condi-question, in an able and lucid speech of more than an tion on which our trade had long been conducted with hour.] He was followed by that Power. At all events, there could be no need of the Mr. WAYNE, who went at large into a history of minister's coming home to bring it. The evasion of the that entire negotiation, as conducted by former adminisconstitution by the President, in not getting the consent trations, and concluded by the present, and argued to of the Senate before he appointed our late minister to show that, in the result, this country had come nearer to England, was attempted to be justified by the great suc- the attainment of the utmost extent of what it had at any cess which had attended that mission; and the same as-time claimed, than at any former period of our history. sertion was made in general terms. Mr. E. believed that Mr. H. EVERETT said he did not rise to make a speech, the first of these achievements was the obtaining from but merely to propose a question to the honorable chairDenmark a sum of money as indemnity for spoliations on man of the Committee on Foreign Relations, the answer our commerce. If there was any glory in this, it belong- to which would determine his vote. He would state why ed entirely to a minister who had been sent out by the he asked it. The last minister to Great Britain returned last administration, and had acted under instructions re-in July, 1832. Since that time, a charge only had received from them. Yet great credit was claimed by their mained at that Court. An appropriation is now asked for successors, who had little to do with the affair but to by the Executive for the salary of a minister, required by boast over it. The same remark would apply to the treaty the public interest to be appointed. The honorable with Brazil. The instructions had been given by a for-chairman, in reply to a question from the honorable memmer administration, and the substance of the treaty effect-ber from Massachusetts, [Mr. ADAMS,] had stated, by ed before that administration went out of power. The authority of the Secretary of State, in substance, that it ratification of the treaty, indeed, had been accomplished is the present intention of the Executive to nominate a by the present administration. Another treaty, and a minister to the Court of Great Britain during the session very important one, had been concluded with France, and of Congress-depending, however, on contingent events. of this he admitted the whole credit was due to those With great deference to the gentleman from Massachu now in power; but every one knew the peculiar circum-setts, he thought the answer sufficient, so far as it disstances which had led to this arrangement. closed the necessity of a mission, and the intention of The whole world knew that it was a consequence of the Executive to fill it. He thought it a sufficient ground the revolution of "three days," which had brought the for an appropriation that a mission might be necessary. best friends of this country to the head of the French But the answer did not cover the whole ground. Should Government. If the last revolution of France was to be the contingency happen, to prevent a nomination during set down to the credit of this administration, the world the present session, the fears expressed by gentlemen ought to know it. But he had hitherto thought that the were, that the appropriation might be applied to the salaopportunity of concluding that treaty had arisen under ry of a minister unconstitutionally appointed. The anthe auspices of the early friend of America, and was swer to his question would allay or confirm those fears. owing entirely to the establishment of a liberal govern- He would now ask, whether power is claimed for the ment. It was certainly not the fault of the last adminis- Executive to appoint, under the present circumstances, tration that this revolution had not happened in their day; a minister to England during the next recess of the and the only credit which the present could claim, and he Senate. 3895 H. OF R.] Senate. GALES & SEATON'S REGISTER The General Appropriation Bill. If the honorable chairman was authorized to answer the question, he desired to know whether the power was claimed or disclaimed. [MAY 1, 1834 He contended the Executive had not the power; that, be filled according to the constitution, and this was amHe person. by the constitution, the appointment of foreign ministers ple reason for striking out the appropriation altogether, can only be made by the President, by and with the ad- leaving them to be provided for when the norainations to vice and consent of the Senate, except in the case of a the Senate should be made and approved. If the ally entertained this belief, and he should, therefore, vote vacancy happening in the recess of the Senate. office of foreign minister (plenipotentiary) is a continuing against the present amendment; and, if the original office, then a vacancy now exists. If a charge is consid amendment should not be again proposed by some other ered as filling the office for the time being, then the oc- gentleman, he would renew it himself. The amendment originally moved by the gentleman casion, the necessity for a full mission is the vacancy; and He supposed that no the call for an appropriation, accompanied by a declara- from Connecticut was sustained by reasons which, to his tion of an intent to fill the mission during the session, is mind, were entirely satisfactory. proof that such vacancy now exists. But, if the office of member of this House, in possession of clear and concluminister is not a continuing office-if it expires with the sive evidence that the President intended to supersede return of the minister-then no vacancy has happened; the Senate by waiting until the recess and appointing, as and, as a new appointment, it must be filled by the in case of a vacancy then happening, would agree to an President, by and with the advice and consent of the appropriation for the salaries of ministers so to be appointed. He understood the gentleman from Georgia It was impossi[Mr. WAYNE] to say that he would not. ble that any gentleman, holding the opinions which usually prevailed in regard to the meaning of the constitution, Mr. ARCHER replied that it was not for him, as the could give the slightest aid by a vote of appropriation to organ of the Committee on Foreign Relations, to decide such a violation of its provisions, if he was satisfied by what construction the Executive would put upon a clause full proof that any intention so to violate it existed. The of the constitution. Should he even inquire, he pre- case of full proof appeared to leave no alternative. The sumed that no answer would be given him from the head degree of evidence, at the same time, made no difference of that Department. Mr. A. construed the constitution in principle. Evidence far short of that which was con for himself; and, according to his own understanding of clusive ought to be satisfactory. Full proof of the inthat instrument, it would not be in the power of the Pres- tention was rarely attainable. It ought not to be reident to make the appointment referred to during the quired in a case in which, if the intention did not exist, recess of Congress. He understood, from the response it was easy to disprove it. It was the right and the duty A great constitutional provision was involv he had received, that it was the President's intention to of the House to infer it from circumstances which fairly nominate a minister to each of these courts during the imported it. present session, with a reserve, however, that nothing ed, which it was the duty of every member of this House, should arise to render such a nomination unnecessary. and of every citizen of the country, to sustain. That part Mr. A. could not, indeed, conceive of any circumstances of the constitution which regulated the power of appointwhich would render it so; and his own opinion was, that ment to office presented as little ground for doubt or The full power of appointment, as it would be an enormity to let two sessions pass by, and controversy as any other. Its spirit and meaning was then, in the recess, to make the appointment referred to. perfectly clear. The respect he was bound to entertain for the Executive given by the constitution to the President, was, in every branch of the Government would not permit him to be- case, and without any exception, subject to the restraint of the advising power of the Senate. lieve it possible that any such act was contemplated. a The constitution meant that, in every case in which a While up, he would make a suggestion to the gentleman from South Carolina, [Mr. DAVIS,] as to the expedi- casualty, or something equivalent, did not prevent a reency of withdrawing the amendment he had offered. He currence to the Senate for its advice and consent, the felt sure, indeed, that that gentleman would not hesitate, nomination of the superior officers mentioned in it should if he reflected a moment on the nature and bearing of the be submitted to that body. No such officer, unless so amendment. It was competent to the House either to nominated and appointed, could hold this office by its reg grant or to deny the appropriation asked; but it had no ular tenure, either of good behavior or at the pleasure of If the the President. The supplementary clause of the consti right to annex any conditions to a grant of money. House thought the contemplated mission unnecessary or tution, which permitted an appointment by the President improper, it would withhold the means of carrying it into alone, was intended for a case of exigency occurring effect; but it was not competent for them to annex a con- when the Senate was not in session, and could not be con dition like that which the gentleman had proposed. If sulted; and the limitation of the office so created, by the honorable gentleman wished to prevent such an ap- terms which prevented its continuance, under any cir pointment as he dreaded, the proper mode would be to cumstances, beyond the end of the next session, showed renew the motion of the gentleman from Connecticut, to manifest design to require a resort to the Senate for its consent, in the case of such occasional appointments, as strike out the item altogether. soon as the opportunity should be presented. Whether the supplementary clause should be taken strictly or liberally, whether the happening of the vacancy must be entirely casual, or was held to occur when the President himself occasioned it by removing an incumbent, or was also held to occur when circumstances required an origi nal appointment in the recess, was of no importance at The power granted by that clause was, in Mr. BINNEY said that he would submit a few remarks its spirit, confined to appointments, the necessity of which upon the principle of the amendment proposed. With existed, and first existed in the recess of the Senate. the form of it, as moved by the gentleman from South The constitution required the advice and consent of the It was new as a Senate to be taken in every case in which there was 80 Carolina, he was not entirely satisfied. limitation upon a grant of money, which was of itself an opportunity to take them; and it was a plain violation of objection; but a greater objection was, that the proviso that instrument, in a fundamentai point, to withhold an presupposed a belief that, unless the restriction should intended appointment until the adjournment of the Senate, be made, the missions to England and Russia would not and then to proceed as in case of a vacancy happening in Mr. DAVIS said that, after the declaration on the part of the administration, his amendment would imply no The gentleman, he thought, was mistaken in supposing that we could not restrict appropriations. What was the meaning of specinc appropriations? Was it not appropriations limited to specific objects? He had used the language which was always used to effect limitations. want of confidence in the Executive. the present. MAY 1, 1834.] The General Appropriation Bill. [H. oF R. munication at the same time increased and confirmed those doubts. Either The the recess. It was equally a violation of the spirit of the constitution to appoint in the recess, and, instead of seeking the advice and consent of the Senate as soon as they What was that communication? How did it originate? could reasonably be obtained, to withhold the nominations What was its meaning? Whether it sprung from an inof such officers altogether, or until many months had quiry originating with the chairman, or proceeded in the elapsed, after opportunity had occurred to consult the first instance from the Department of State, was not maSenate. The spirit of the constitution required the ad- terial. The chairman had himself deemed it reasonable vice and consent to be asked whenever an opportunity that the doubts he knew to exist should be removed, and existed, or as soon as it should occur; and a practical eva- the Department concurred with him, or the Department sion of it, by postponing appointments to the recess, or by of its own motion suggested the communication. withholding nominations for an unreasonable time after way, it was the same thing. The matter had been well the recess was over, was a violation, and both were equally considered and matured in the Department of State, and violations, though not equally striking. the language of the President had been recorded by the The question, then, which was presented to the House chairman with proper caution, and doubtless with perwas, whether, in regard to the missions to England and fect accuracy. What was that communication? Russia, there existed such circumstances as to compel a only view of it which he could not take was that which belief that it was not the intention of the President to described it as oracular. It had no ambiguity. It admitnominate the ministers to the Senate. The intention of ted of but one construction. It set forth that "it was the the President to send a minister to England could not be present intention of the President to nominate a minister doubted. He (Mr. B.) personally entertained no doubt to England, and also one to Russia, during the present of it. He must have been deaf and blind to all around session, unless something should occur in the meantime him, and incapable of making an inference from evi- connected with the public interests, which, in its judg dence, if he did not entertain a firm belief that such was ment, might render it unnecessary." Render what unthe President's intention. This was perfectly clear, and necessary? Without doubt, the nomination. This was almost equally so that the nomination would not be made the subject of the sentence. It had no other. The Pres at the present session. He inferred this, not only from ident would nominate, unless, for the reasons alluded to, several circumstances of public notoriety, but from the he should think it unnecessary to nominate; and these very communication made by the chairman of the Com- reasons would be such as his policy in regard to the Senmittee on Foreign Affairs. ate, and to appointments to office, should commend to He would not, among the circumstances alluded to, his judgment. Had the President seen fit to say that he dwell upon the present relations between the President would nominate, unless he should deem it unnecessary to and Senate, nor upon a communication said to have been send ministers, the assurance would have been of a dif. made by him to that body, in derogation of this very right| ferent import. For one, (Mr. B. said,) he would on this to advise and consent; nor to the flagrant design of certain occasion have accepted it. But, looking at the terms of presses in the country to break down the influence of the the qualification, it was obvious that it was the nomina. Senate, and to prepare the people to receive with favor tion that was to be postponed, and that reasons were in an encroachment by the President upon the constitutional reserve for this, after the power of this House over the powers of the Senate, and particularly upon this power. subject had passed away. There could be no valid reaBut he would advert, and lie could do it with perfect con- sons for postponing the nomination beyond the session, fidence, to the known public course of the President in if a minister was now intended; and this intention was filling such offices in the recess, when the case did not admitted by the communication itself. come within the fair meaning of the supplementary clause This was a question of the very first moment to the --of insisting upon nominations rejected by the Senate, House and to the nation. It did not regard the Senate on grounds inconsistent with the full exercise of the ad- alone, nor in a greater degree than it did the whole frame vising power, and especially to the fact, altogether new of the constitution. Whatever tended to diminish the in the history of our country, that the offices of Secreta- constitutional influence of the Senate over appointments ry of State and Secretary of the Treasury, among the most important of all offices in their respective relations to foreign and domestic affairs, had been held from eight to nearly twelve months without a nomination to the Senate, though it had been in session now five of those months. The inference, from all these circumstances, was inevitable that the President meant to avoid nominations to the Senate whenever he could, and as long as he could; and holding this to be a most clear as well as most dangerous violation of the spirit of the constitution, in this great particular of appointment to office, Mr. B. said he would do nothing to further it, directly or indirectly. These opinions, in regard to the general course and designs of the Mr. BEARDSLEY said that, although it was certain President's measures in relation to office, were held by that the President of the United States possessed the many members of this House, and by large portions of the whole appointing power, yet, under certain circumstan country. The fact that they were so held, and that many ces, he must have the advice and concurrence of the Sencircumstances had occurred to justify these doubts of the ate in its exercise. But there were other circumstances President's intention, was well known; they were reason- in which this was not necessary; and an officer appointed able doubts. The President was himself apprized of in the one way was lawfully appointed, and as truly en them, and he knew them to be reasonable. The com- titled to his office as one appointed in the other. munication made by the chairman of the Committee on tenure of office in the two cases was, to be sure, differ Foreign Relations was, of itself, the highest evidence of ent; but in both cases it was equally valid. As far as both positions; and it was that communication which, as he had understood the gentleman from Massachusetts, soon as it was made to the House, satisfied him that, [Mr. ADAMS,] and the gentleman from Pennsylvania, [Mr. while the doubts adverted to were known to exist, and BINNEY,] their views, so far as he could recollect them, were deemed by the President to be such as to require were, that this Government ought to be represented at some communication to the House, the terms of the com- the Court of St. James by a minister of the highest grade. to office, and to augment that of the Executive, tended equally to diminish the authority of this House and of the people. The necessary effect of such measures was to expand the dimensions of the Executive, and ultimately to establish one great power in this nation, in the shades of which no other constitutional power would live. Holding this to be the tendency of Executive measures, and particularly in the matter of appointment to office, and inferring from the communication itself that the appointments to England and Russia were to be affected by this policy, Mr. B. said he should vote against the appropria tion. The 3899 11. OF R.] GALES & SEATON'S REGISTER The General Appropriation Bill. [MAY 1, 1834. Let it be re Indeed, no gentleman, he believed, had put forth a guage employed might not be technical. different opinion, except the gentleman from South Car-membered, however, that the paper which had been read To-day, however, the to the House had not been written by the President or olina [Mr. DAVIS] yesterday. gentleman seemed to be willing that a minister should be the Secretary of State, but by the gentleman from Virsent, provided his appointment should receive the assent ginia himself. He believed the President, the Secretary of the Senate. All, then, seemed to agree in this, that of State, and the chairman of the Committee on Foreign we ought to have in England a minister of the highest Relations, to be incapable of duplicity in this matter. The grade. What, then, would seem to be the obvious duty House ought to assume that the Executive would do his of the House? He asked the question in seriousness and duty under the constitution, and in the way most accepta. candor. If gentlemen believed we ought to have such able to the other branches of the Government. But it was further said that there were circumstances minister there, was it not their duty to provide the means of paying his salary? Were they to look beyond this ne- which led to the conclusion that the President would not cessity, and inquire whom the President intended to ap-nominate before the adjournment of the Senate, but Mr. B. had not that opinion of the point, and in what way he proposed to appoint him? Was would, in the recess, create a vacancy, and fill it by apHad they any pointing a minister. that the duty or province of that House? thing to do with the matter, (provided, always, that the President: he trusted no man there could believe that the minister was appointed according to the constitution?) Executive would refrain from performing his own duty, And when all were agreed that a minister ought to be until the session of the Senate should have expired, with would not, in Mr. B.'s sent, would they withhold the means of paying him, lest the view then to appoint the minister in his own way. the President should send an improper person, or send But even if this was certain, him in an improper manner, in the view of Congress, al- opinion, furnish a good reason for refusing the appropria Was not this a tion. He would try to do his own duty, and leave the though according to the constitution? new doctrine? Even in the discussion of the famous President to do his, in good or in bad faith: if he did it in question of the Panama mission, although the objections bad faith, he would be responsible to the country, and to were pushed to the point of extravagance, no such ground the House, in another mode. It would be a poor apology If the House performed its for our having no minister at the Court of St. James, beIt was as this had ever been taken. own duty, by providing for a mission which they all held cause the House of Representatives believed that the For the last forty years, he believed, and admitted to be a proper one, they might, without President would appoint a minister in bad faith. any improper obsequiousness to the Executive, leave it wholly a new idea. to him and the Senate to do what belonged to them in the we had generally had a full minister at that Court, save What had that House to do with appointments? during the interval of war; and the appointing power Nothing. It was not their function to watch the appoint- had always selected them and appointed them in its own The House must act on the presumption that ing power. the other departments of the Government would do their duty; and, on that presumption, let the House do its own. Gentlemen told them that there ought to have been a full minister at the Court of Great Britain for the last two years; yet they now insisted on withholding the appropriation, because there was a suspicion, or a surmise, or, to use a New England phrase, a guess, that the President would not appoint the minister in a way which suited gentlemen's notions of propriety. matter. way. There had one suggestion been made by the gentleman from Pennsylvania, [Mr. BINNEY,] which seemed to him scarcely in conformity with the constitution. That gentleman had said it was a violation of the constitution to let months elapse after the session had commenced before the President nominated officers to the Senate for confirmation, who had been appointed in the recess. Mr. BINNEY here interposed. What he had said was, that such a course was a violation of the spirit of the constitution. Mr. BEARDSLEY resumed. So he had understood Might he be pardoned if he suggested, in relation to the amendment proposed by the gentleman from South Carolina, [Mr. DAVIS,] that, to be consistent, the House the honorable gentleman, and the remark would apply to But the constitution authorshould interpose a similar proviso in reference to the ap- the Secretary of State, the Secretary of the Treasury, propriations for all other officers mentioned in this bill? and the Attorney General. When appropriating for the salaries of the heads of De-ized the President to fill vacancies happening in the recess partments, the solicitor, auditors, and all the other offi- of Congress; and persons so appointed held their offices cers nominated by the President, they might, with the until the expiration of the subsequent session of Congress. same propriety, add a proviso that the President should They would so hold, even if the Senate should refuse to Was such a confirm their appointment on the very first day of the appoint them with the assent of the Senate. The language of the constitution is: "The thing ever thought of before? Could the gentleman from session. South Carolina show a precedent in all our history? The President shall have power to fill up all vacancies that gentleman might with propriety say that no person may happen during the recess of the Senate, by granting should receive his salary unless he should be constitution-commissions which shall expire at the end of the next ally appointed. But the constitution allowed the Presi- session." Was it against the spirit of the constitution for the under certain circumstances, without the advice and con- President to delay their nomination, provided he nomin sent of the Senate. Yet the gentleman from South Caro-ated during the session? This was all the constitution relina would allow the salary of a minister when appointed quired of him. Suppose the officers in question should in one way, and not in the other, though the constitution be nominated to-day, and rejected by the Senate to-mor row, (and perhaps that was gentlemen's object,) they recognised both. This was an invention entirely new. But it was said that gentlemen did not believe that any would still hold their appointments till the end of the nomination would be made during the session. And what session. Mr. B. admitted that, if the delay was permitted proof did they produce in support of such an opinion? with the direct purpose of evading the action of the SenMr. B. said he should not go into an examination of the ate, it would be a violation of the constitution; one for paper which had been read by the chairman of the Com- which the Executive ought to be held responsible to the mittee on Foreign Relations: but, from hearing it read, country; but this must be shown. He concluded by expressing his hope that the amend he understood its meaning to be that, if the President should think it was proper that a minister should be sent, ment offered by the gentleman from South Carolina he should do his part toward that object during the pres- would be rejected, and that, if the House thought it ent session of Congress. This was fair--though the lan-proper we should be represented at the Court of Great dent to make appointments in the recess of the Senate, |