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Mr. M. said, he had expressed his doubts on France this year, does not constitutionally imthis subject, when he first made the question ply that you must send one next year; the reon this outfit, and he had heard nothing to re-call, or resignation, or death of the minister, demove them. It had been said this was an every termines the mission. And, unless the Presiday practice of the Government. It may be dent can originate a mission in the recess, he so, but it did not appear; no case had been cannot appoint, where there has been an antefurnished, in which the President's right to fill, cedent mission.

We have now no minister at the court of

during the recess had been recognized by prospective legislation. Such cases might be Austria. There may be just as much neces found; they had not been produced; and if sity for our representation at that court, on the they were produced, he did not consider the first of October next, as at the French court, practice of the Government so far established upon the termination of the office of the preas to overturn a plain rule laid down in the sent minister to France. The right to originate charter we had sworn to support. It was the missions at each of these courts, is, by the Conwritten Constitution, not the practices of the stitution, the same. But if it were proposed Executive nor the abuses of our predecessors, to grant an outfit for a minister to Austria, to which we were called on to maintain. There be appointed during the recess, it would not is a very obvious difference between confirm- be sustained. How is it, then, that we proing a minister appointed during the recess, and pose to recognize the right of the President to authorizing such an appointment in advance. originate a mission to France during the recess? The one case only concedes to a co-ordinate It is obvious, that this view of the question involvbranch of the Government a fair right to put ed a constitutional power, which made the obits own construction on its own powers; and jection to this appropriation a substantial one. the other puts the construction of the Senate If he believed the President had the abstract on those powers. The one concedes the rights right to renew the mission to France, during of opinion to the Executive; the other substithe recess, he would not care whether the aptutes the opinion of the Executive for our own, propriation should be specific or contingent. and recognises the entire right of the President Assuming that the President had the power to to fill up appointments during the recess. Has fill up the mission during the recess, it was imthe President this right? Is there any differ material out of what fund the outfit was paid. ence between a vacancy in an existing mission It then became one of mere expediency, wheand a vacancy in a mission not yet instituted ther we should be represented at the French These are questions to be solved by a reference court, during the time which would elapse beto the Constitution. "The President shall no-tween October and the next session of the Senate. This appropriation affirms three propominate, and by and with the consent of the Se. nate appoint embassadors, other public minis-sitions-first, the constitutional power of the ters," &c. The nomination confers no office un-President to fill up all vacancies that may octil the appointment is made; the appointment cur during the recess; secondly, that this vais not made until the Senate passes on the no- cancy will happen during the recess; and, thirdmination. When there is an existing legally, that the same should be filled for the two office, the appointing power is under a moral months antecedent our next session. Mr. M. obligation to fill the same. If a judge resigns said, he doubted, nay, he denied, every one of or dies, the vacancy must be filled, or the ap these propositions. He had attempted to prove pointing power omits to do its duty. It is not that an embassador was not a subsisting officer so of a foreign minister: if he dies or resigns, of the Government; and hence there could be there is no legal obligation to appoint his suc- no vacancy in such office. But, suppose he cessor. The mere volition of the appointing erred on this subject, and that a foreign mispower makes the office and the minister in the sion is such an office as may be filled during the recess, then a question of fact had to be Public ministers are not subsisting officers of settled, which is, has the vacancy happened, the Government. There is n minister to or is it to happen? If the vacancy has already France until he is appointed; and there is no happened, in the sense of that term in the Conoffice of minister separate and apart from the stiution, no one would contend it could be incumbent. Hence a vacancy cannot be pre-filled during the recess. During the debate on dicated of a foreign mission. When a minis-the very question, whether this was an actual ter is recalled, there is an end of the office as or contingent vacancy, the Secretary of State well as the mission. The power of the Presi-sends us the following letter:

same breath.

(COPY.)

DEPARTMENT Of State,

dent to appoint during the recess cannot extend to a minister, because there is no vacancy to fill up. Every appointment of a minister is an original one, and not the filling up of a preWashington, 21st April, 1832. existing office. It seems to be admitted, pretSIR: I am directed by the President to inty generally, that the President cannot originate a foreign mission, without the advice and form you, that there is, at present, no vacancy consent of the Senate. Mr. M. said, he was no in the office of Envoy Extraordinary and Miable to discover any difference between cases nister Plenipotentiary to the King of the French; where a minister has heretofore been sent, and but that such vacancy will occur in the month where one has not. The sending a minister to of October next; Mr. Rives having requested

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leave to return at that period, and his request having been acceded to by the President. Respectfully, your obed't serv't,

EDWARD LIVINGSTON.

S. SMITH, Esquire,

Ch'm. of the Com. of Finance of the Senate. In this letter, it is not said" that the vacancy will happen" in the month of October, but that it will "occur."

concentrate in the hands of a single person, We have only to look around us, and the influence of the executive power is easily perceived, in doors as well as out of doors.

It cannot be doubted but that the President of the United States is constantly absorbing all the executive power of the Government. The Senate will, in the process of time, become a mere circumstance-a registering junto, exThat which was before uncertain becomes ercising no control over the subjects constitu now certain. It is now no longer doubtful whe- tionally confided to its care. We ought to ther any vacancy exists in the office of minister guard against such a state of things. to France, if the office be one in perpetuity. Mr. M. said, he had voted for the outfit for The incumbent has asked leave to return in minister to Great Britain, under the belief that October, and leave 'has been given. This fact a nomination would be made during the 'sesis made known to us while we are discussing sion; and for the same reason would vote for the question; it becomes, therefore, a part of the present outfit, if it were intended, during the res gesta, and determines the period the present session,, to make the appointment. at which the incumbent will go out of office. The contrary is implied in the above letter. If It is now a perfect certainty that a vacancy in it be so important to the country, that no the office of minister to France will occur in chasm shall take place in this mission, that we October. It will not happen during the recess; should now grant the outfit, is it not equally it has already happened, and an outfit is to be important that we should make the appointprovided for his successor. The very legisla-ment of such a minister as the whole appoint. tive provision for an outfit would be conclusive ing power may approve of?

of the fact of a vacancy. How can a vacancy A minister in a chrysalis state ought not, but be said to happen during the recess, when Con- in extreme cases, to take his outfit and salary; gress provides an outfit now? If we pass this he should be fledged fully before the public appropriation, it will be a solemn legislative funds are dissipated on him. If appropriations enactment, declaring that a vacancy exists in for outfits and salaries are regularly and annu❤ the office of minister to France in October ally granted, no minister need ever be sent to next. Then the President ought to make the the Senate. The President shall have power nomination at the present session. to fill up vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next ses sion."

That which is known, cannot be said to be unknown. What has happened, cannot be an event that may happen. If, upon the faith of the facts stated in the letter of the Secretary Appointments made during the recess, it may of State, an appropriation is made of nine be fairly contended, will always, expire during thousand dollars, at the request of the appoint the recess. The commission will expire only ing power, will that power hereafter be per- at the end of the session. The vacancy does mitted to say no vacancy has happened? Is the not occur during the session, and must therepublic treasure to be locked up for outfits that fore occur during the recess. If the vacancy, may not be wanted? If the President, to make in such cases occur during the recess, let a that certain which was before contingent, pliant Senate grant the outfit, and what is there makes a communication to the Senate, how can to prevent a perpetual appointment to this ofthose who are parties to a law passed on the fice without the consent of the Senate? If even assumption of such a state of facts, controvert the minister be rejected, the right to appoint. the same? The power to make the vacancy is him again would result from the principles on with the President; but the power to provide which the appropriation is supported. It is said the outfit is not. The President makes the va- that it would be obviously improper to reapcancy to get the money; yet it is said there is point, in the recess, an officer who had been no vacancy. It is a vacancy during the session rejected by the Senate; that it would be a plain to get the money; and a vacancy during the violation of the constitution. In what would recess to fill the office. The power to fill of-the violation consist? It is no violation of the fices during the recess is confined to acciden- constitution to renominate a person rejected by tal and unknown vacancies. What are known the Senate, but it would be a violation of the and provided for takes the power from the constitution to appoint, after the rising of the President. To the Deity nothing happens- Senate, a person to office which became vacant. with Him there are no casualties-every thing is during the session, although the term of office. known and provided for; but Congress has not had to run into the recess. In this respect, the the power omnipotent, as it may be, to decree outfits for the minister to France and England that which has not happened, but, that which both stood on the same footing; the commissions has happened, may happen, and provide of both are now determined, and yet both run for the exigency. The Senate ought, in its into the recess. The only reason the Presilegislative character, to take care that no dent cannot appoint the minister to England detriment comes to their executive powers. during the recess is, that he cannot bring himWe do not stand in need of light from history self within the exception provided by the conto instruct us of the tendency of all power to stitution. He can only fill vacancies which hap

pen during the recess. If the vacancy becomes tary of the Treasury. The bill respecting the certain by operation of law, then he must Bank of the United States came up in order.nominate to the Senate at the session next ante Mr. WEBSTER withdrew his amendment authocedent to such vacancy. Thus, for instance, rizing the subscription of three millions of if a marshal's commission would expire on the dollars on the part of the United States. The rising of the Senate, or on the first day of next question was taken on the second amendment, October, in both cases, the nominations should submitted by him, to prohibit the issuing of be made to the Senate during its present ses- notes under dollars. It was proposed to sion; under a different construction of the con- fill the blank with $10; it was suggested by stitution, an officer might be kept in office Mr. BENTON to substitute $20, and this latter without the assent of the Senate always, and a proposition being adopted, the amendment was mere exception to the rule, as to the precedent thus concurred in. The question then came up approval of the Senate, might destroy the rule on the amendment offered on Saturday by Mr. itself. The President shall appoint to office MOORE, to prohibit the establishment of Branch where vacancies happen during the recess; Banks in any State without the approbation of every vacancy that is filled in the recess, must, the State, and to subject the amount of loans by the constitution, become vacant during the issued, &c. to a State tax. A desultory disrecess, where the same is not confirmed by the cussion on this amendment took place, in which Senate. If the Senate reject the officer, or the almost every Senator expressed his opinion on President omit to send in the nomination alto- its policy as regarded constitutional principles gether, then the vacancy will again occur du- and the right which it would give the separate ring the recess, and may be so continued ad States; and was not concluded, when at a late infinitum. hour the Senate adjourned.

Sir, the true way to prevent such inroads upon the spirit of the constitution, is to withhold the appropriations.

6

The only remaining objection to this appropriation is one of mere expediency.

The House of Representatives was engaged, yesterday, in the discussion of the great ques tion of the Tariff. The bill for the reduction of duties on imports, reported by Mr. McDUFFIE, from the Committee of Ways and Means, having been taken up at an early hour in a Committee of the Whole on the state of the Union, Mr. SPEIGHT in the chair, Mr. McDUFFIE addressed he committee until about four o'clock, when, teforei he had concluded his argument, the bommttee rose and the House adjourned.

WEDNESDAY, MAY 30.

Admitting the abstract constitutional power of the Executive to appoint during the recess a public minister, and that the vacancy in ths mission will happen during the recess, then is it proper to provide an outfit for a minister to France, so as to enable the President to send one abroad without the approbation of the Senate only two months in advance of its session? Mr. MILLER said he rested his opposition prinIn the Senate, yesterday, Mr. GRUNDY, from cipally upon the other grounds; he was never the Committee on Post Offices and Post Roads, theless satisfied that there existed many strong reported a bill for the relief of Thomas Rhodes objections to this provision, on this latter and Jeremiah Hoskins, which was read and orground. It would be better that there should dered to a second reading. Mr. KING, from be a short interval in our diplomatic intercourse the Committee on Public Lands, reported a bill with France, than a minister should be sent to from the House, for the final adjustment of that court who might be rejected. claims to lands in the southern land district of On motion of It was a great mistake to suppose our repre- Louisiana, without amendment. sentatives abroad were only the President's Mr. WHITE, the Senate then agreed to postministers. They were the ministers of the pone the previous orders, and take up the bill United States, and appointed by the represen- from the House, making appropriations in contatives of the States, and paid out of the funds formity with the stipulations of treaties with of the people. It ought to be a very strong the Creeks, Choctaws, and other Indians, and case that would justify the appointment of the same having been amended, the bill was ministers but a few weeks before the meeting ordered to a third reading.

of the Senate.

The discussion on the United States Bank The refusal to confirm such appointments in- bill was resumed. An amendment proposed by creased the expense, and had more the appear. Mr. FORSYTH, to so much of the amendment of ance of a removal from office than the refusal Mr. MOORE, as related to the consent of the to appoint. States to the establishing of branch banks, and This subject had acquired an artificial impor- striking out the same, was adopted on a division, tance by the difference between the houses; by a vote of 28 to 18. To the second division he had been somewhat instrumental in produc- of Mr. MOORE's amendment, giving the power ing the difficulty, and felt therefore bound to of taxation to the States on the loans and issues state the positions on which he rested his vote. of the branch banks within their jurisdiction a verbal amendment, moved by Mr. FORSYTH, was withdrawn; when another amendment to In the Senate, yesterday, three memorials the amendment, was moved by Mr. SPRAGUE, were presented by Mr. DALLAS, and one by Mr. enacting that the bonus to be paid by the banks, CLAY, remonstrating against reductions of cer- should be distributed among the States in protain duties proposed in the report of the Secre- portion to their federal number of population,

TUESDAY, MAY 29.

.

May 15.

and a general discussion took place, in which I have made the necessary requisitions on the Mr. WEBSTER, Mr. TAZEWELL, and other Sena- proper officers for the above number of mounttors, expressed their sentiments at much length, ed men, and have no doubt that the citizen soland was not concluded when the Senate ad-diers of the State will obey the call of their journed. country. They will meet at Hinepin, on the In the House of Representatives, after the Illinois river, in companies of fifty men each, discussion, by Mr. Joaxson, of Kentucky, of on the 10th of June next, to be organized into the resolution proposing an investigation into a brigade. JOHN REYNOLS, the affairs of the Post Office Department, and Commander-in-Chief. the transaction of other preliminary business, the consideration of the tariff was resumed, in Committee of the Whole on the state By a letter from the postmaster at Bellville, of the Union, Mr. SPEIGHT in the chair. Illinois, we are informed that fifty-two whites Mr. McDUFFIE concluded his argument in fa- were killed by the Indians, in the late engagevor of the bill for the reduction and equaliza- ment; and by another, from an officer of the tion of the duties on imports. Mr. CRAWFORD army to Gen. Ashley, we learn that the Indians followed in reply, but at four o'clock, yielded 'ed the whites into an ambuscade, by putting to a suggestion that the committee rise. The up a white flag. It is said their position, at House then adjourned.

FROM THE CINCINNATI GAZETTE.

THE INDIAN WAR.

"THE INDIAN WAR."

present, is between the militia under the com-* mand of Gov. Reynolds, and the regular torce under the command of Gen. Atkinson. We cannot suppose that there is cause to apprehend a general Indian war. The certain and speedy punishment of the infatuated wretches who have perpetrated this outrage, must inévitably follow

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The steamboat Herald, Captain Fleishman, in seventy-fours from St. Louis, a most extraordinary quick passage, brings us a proclamation from the Governor of Illinois, to the citizens of that State, from which it appears that a bloody THE UNITED STATES' TELEGRAPH and successful attack has been made by the Indians upon a detachment, of volunteers. We Washington City, upon the following Terms learn by a private letter, that fifty-two of the Daily paper, per annum... volunteers were killed, among whom were Col. Country paper, (three times a week durCrane, Colonel Thomas, Major Morgan, and ing the session, and semi-weekly during the recess of Congress... Captain Bailey. At the date of the last accounts, General At-For six months,....... kinson, the Communder-in-Chief of the United Weekly paper,.. States forces, was in a most perilous situation. He had sent out several expresses for supplies, A failure to notify the Editor of an intention and every man had been cut off. The keel-o discontinue, will be considered as a renewal boats, destined with supplies above the Rapids, of the subscription, which will not be disconhad not been heard of, and it was supposed that tinued, except at the option of the Editor, until they had been captured and their crews massa- all arrearages are paid. ered. Intelligence so painful has not been an- Where five or more subscribers, at one post ticipated. For a further knowledge of the con-ffice, unite and remit, at the same time, tw > dition of our frontiers, the reader is referred to Governor Reynold's proclamation:

DIXON'S FERRY, ON ROCK RIVER. To the Militia of the State of Illinois.

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Annual advertising customers will receive a daily paper, and the use of one square, renewable once a week for one year, at fifty dollars: new advertisements to have at least one imsertion in the inner form of the country paper.

It becomes my duty again to call on you for your services in the defence of your country. The State is not only invaded by the hostile In- Advertisements in the daily and country, at dians, but many of your citizens have been slain one dollar per square, for the first three, and in battle. A detachment of the mounted volun-twenty-five cents for each subsequent continu teers commanded by Major Stillman, of about ous insertion. No advertisement for less then 275 in number, were overpowered by the hos-one dollar. All material alterations are considtile Indians on Sycamore creek, distance from ered as new advertisements. Each distant or this place thirty miles, and a considerable num-der for an advertisement must be accompanied ber of them killed. This is an act of hostility by the cash, or enclosed through some known which cannot be misconstrued. responsible person.

I am of opinion that the Pottawatamies and Winnebagoes, have joined the Sacs and Foxes, and all may be considered a waging war against the United States.

To subdue these Indians, and drive them out of the State, it will require a force of at least two thousand mounted volunteers more, in addition to the troops already in the field.

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WASHINGTON, JUNE 11, 1832.

VOL. VI..............BY DUFF GREEN..$2.50 PER ANNUM....................

EDITORIAL.

THE SOUTH IN MOTION.

.No. 12.

their interest, and cut them up into "vulgar fractions." Let there be an "alligation" of the various quantities of Ireland, by which their "powers" may be "raised" in some ratio We copy the following from the Virginia proportioned to thelr "numerical force," and Times. That State is in the field against the let there be a proper experiment of that powrejected minister, and will laugh to scorn the er, and it would soon "result" that, instead of doings of the "Van Buren Convention at Bal- her generous sons quitting their native soil to timore." The other southern States will join "extract roots" in our western wilds,they would in the nomination of a Vice President, in oppo- occupy their "proper place" freed from "taxes," "tythes," and "imposts," those oppres

sition to Mr. Van Buren.

"The Charlottesville Convention, for the sive "rules of three," with prosperity in "annupurpose of nominating a Vice President, willity" for themselves, and liberty and happiness be holden on the 12th of June next." as perpetuities in reversion for their children.'

THE VAN BUREN CONVENTION.

29

THE VAN BUREN CONVENTION. harmonious body, in the following happy irony, The New York Evening Journal takes off this Extract from the New York Evening Journal

The annexed extract shows, that in one short week, the PETTY faction, who worked to impose Van Buren upon old democratic Pennsylvania, by a nomination at Baltimore, have been forced to give him up. Lewis, Kendall, is rumored, that, previous to the adjournment & Co., cannot govern that steady old commonwealth. We will see how they can manage old Virginia and her southern sisters.

"THE GREAT VAN BUREN CONVENTION.-It of this convention of notable democrats, the harmony of their proceedings was somewhat disturbed by two or three refractory federalists, who, having heen smuggled into the concern "The Philadelphia Van Buren INQUIRER, in- refused to swallow the republican party, timates, pretty distinctly, that the friends of the notwithstanding Judge Marcy's promise of a Baltimore Convention will not nominate an elec share of the spoils, as a compensation for their toral ticket; admitting, that "it would be a support. One or two South Carolina federalists, suicidal policy in the friends of the President who had been guilty of the henious offence of to attempt, under existing circumstances, to supporting Madison and the late war, happened divide his strength in this State" and that "it to be among this number; and R. Potter and would be an absurd policy to risk the vote of Henry Hubbard, two staunch "Hartford Conthe State to General JACKSON, in order to secure vention democrats," whose eloquent denuciathe same vote for Mr. VAN BUREN."" tions of the dissenters were received with reite rated cheers. A friend has kindly furnished us The following article appears in the United with a brief sketch of the debate supposed to States Gazette, a paper decidedly opposed to a have ensued on the occasion. The unheard of reduction of the taxes which operate so op-circumstance of individuals in a republican conpressively on the south. We ask the Editor to vention daring to dissent from the expressed fiat strike out "Ireland" wherever it occurs, and of the hero of "two wars and forty conflicts," insert the south, and he will have an opportu- naturally created great excitement. Several nity to advocate his own principles in relation members rose to order-Mr. Republican Potter to the oppressed portion of his own countrymen. first caught the eye of the president:It is true that our sympathies should be compell- "Sir,' said this venerable democrat, 'I know ed to stay at home-they have wandered so not in what language to convey the emotions long in Greece, Ireland, and Poland, that they which affect my heart, at the conduct of those should now be prepared to go to work individuals who have dared, in this hall, to insult the great republican party," of which I "ARITHMETICAL RELIEF TO IRELAND. have been a uniform and consistent follower, "A Sligo paper recommends, as the last reme- by refusing their assent to its proceedings on dy for the afflictions of Ireland, "reduction in this occasion. I did hope, sir, that gentlemen rents, subtraction in taxes, addition in our local had come here prepared to disregard all minor trade, multiplication in our foreign commerce considerations such as the rights and feelings and anequal division of the blessings of our of the people, and the honor of the country, in "matchless' constitution." the paramount object of the preservation of the

home.

"Perhaps if the Sligo editor had made a little party. Sir, we have fallen upon evil times! "arithmetical progression," he would have dis-Oh! for the good old days of 1814, once again. covered that there was a want of fellowship When, sir, in that eventful period of our his among his fellow-citizens, which destoryed tory, I had the honor to represent "the great

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