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The Globe of yesterday announces the apThe plain and palpable attempt made, and now pointment, by the President, of Samuel Gwin, making, by the Executive, to destroy the inde- to be Register of the land office at Mount Salus, pendence of a co-ordinate branch of the Govern- Mississippi.

ment. The abuse constantly bestowed by the The Constitution provides that, Executive, and by the minions of power, upon "He (the President) shall nominate, and by the members of the Senate for the independent and with the advice and consent of the Senate, exercise of the duties conferred upon them by shall appoint ambassadors, or other public mithe constitution, for wise and important purpo- nisters and consuls, judges of the Supreme ses. The adulation bestowed upon the Presi- Court, and all other officers of the United dent-an adulation that would have sickened States, whose appointments are not herein and disgusted by its grossness, the weakest and otherwise provided for, and which shall be esvainest of monarchs. The slavish declaration tablished by law; but the Congress may by law by the Executive official organ, that the Presi- vest the appointment of such inferior officers dent was born to command." The re-echo as they think proper, in the President alone, in of the sentiment through a servile press. The the courts of law, or in the heads of Departopen assumption, by the President, of a deter-ments.

mination to nominate bis successor. The as- "The President shall have power to fill up sumption of a power to approve a bill, and af- all vacancies, that may happen during the reterwards judge of its constitutionality, and whe- cess of the Senate, by granting commissions ther he shall carry it into effect. His complaints which shall expire at the end of the next sesof the exercise of their legislative power by sion."

Congress, without calling on him to prescribe Such being the law of this case, we proceed the form of legislation that would be agreeable to give the facts. That they may appear in an to him. All these, probably conjoined with a authentic shape, we give them in the followknowledge of sentiments pervading the friends ing extract from a letter addressed by Mr. Poinof the President, in accordance with that ex- dexter, one of the Senators from Mississippi, pressed by a paltry, sycophantic slave, "An- to the Legislature of that State. drew Jackson-may he reign over us the next four years." All these, we say, may have operated on the mind of the honorable member, and made him think that the "government is fast inclining to monarchy."

resolution, it will be seen, was adopted by a hundred and thirty persons, of all descriptions, majority of more than two to one; and of those in favor of his appointment. The petitions who voted for it, seven were the known sup- were deemed disrespectful, as they charged on porters of the administration. Thus the ap- a majority of that body a palpable violation of pointment of Mr. Hays was, in effect, rejected. the Constitution, in adopting the resolution reBut feeling the most anxious solicitude to pre-gulating their own conduct on the subject of serve the friendly relations which had subsist-appointments, which is made a part of the ap ed between the President and myself, and pendix to this address. This renomination was learning from himself that he would be per- considered on the 10th instant, and laid on the sonally obliged by the concession, I yielded, in table, with the express understanding that it the kindest feelings, my assent to the appoint- should not be taken up again during the ses ment of Mr. Hays to be register of the land of- sion, and that the President be advised to nofice at Mount Salus, in case Mr. Fitz should be minate some other person to fill the vacancy. appointed surveyor general, which arrange- This course was taken at the instance of a friend ment was carried into effect; and I entertained of General Jackson, and approved by me, as the hope that my difficulties with the Presi- the mildest form which could be given to the nent were at an end, and that my liberality rejection. I make no comment on these prowas duly appreciated; but I was mistaken.

ceedings, but close the subject by a statement "During the recess of Congress, in the sum of the fact, that the President again declared to mer of 1831, Mr. Hays departed this life, and a Senator, who repeated the words in full Seforthwith, the President appointed Samuel nate, that he "never would appoint a citizen of Gwin, a clerk in the Post Office Department, Mississippi register of the land office at Mount to fill the vacancy. No recommendation of Salus." I addressed a letter to the Secretary this individual was given or asked. On the of the Treasury, urging the appointment of a day of December following, Mr. Gwin was register to this land office, because it must be nominated to the Senate, and, in a few days closed until the next session of Congress, if no thereafter, rejected by a vote of 25 against 13.† nomination was made at the present session, Nearly one-half of those who voted to reject inasmuch as the vacancy did not occur in the Mr. Gwyn were the friends of the present ad- recess, and therefore a new temporary appointministration. Shortly after this, I united with ment could not be made by the President. our representative in recommending a respect- My communication remains unanswered, and able citizen of Mississippi to this vacant office. the office is still vacant. I forbear to enter The President treated the recommendation as minutely into the various disgusting details in insulting to his dignity, and declared, in ex-relation to this struggle to overcome my objec press terms, that he "never would appoint a tions to the introduction of citizens of other citizen of Mississippi" to the office in question. States to fill the offices located in Mississippi, He has kept his word. The attempt made in and to overrule the action of the Senate on the Mississippi, backed by the weight of Executive influence, and countenanced by many honorable men from motives of sympathy, resulted in the renomination of Mr. Gwin, on the day of July, 1832, with the signatures of two

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President's nomination. The facts will be sufficient, with all candid individuals, to show the difficulties I have had to encounter in the discharge of my duty to the State, and the ridiculous pretexts to which my enemies resort to impose on the credulity of the people, and implicate my conduct on this occasion as the result of a hostile spirit towards the administraMr. King, from the Committee on the Pub-tion of General Jackson. It well becomes lic Lands, reported on the nomination of Samuel Gwin, contained in the message of the 8th of December.

IN THE SENATE OF THE U. S.
December 22, 1831.

The Senate proceeded to consider the nomination.

On the question, will the Senate advise and consent to the appointment of Samuel Gwin? It was determined in the negative, yeas 13, nays 25.

Those who voted in the affirmative, are, Messrs. Bibb, Brown, Dallas, Dickerson, Dudley, Grundy, Hill, Kane, Knight, Mangum, Marcy, White, Wilkins.-13.

those who faulter in the performance of a high duty, to censure him who moves with an even and unwavering step in vindicating the cause of his constituents."

Such is the history of this proceeding; but Mr. Poindexter, much as he had been disappointed in the character of Gen. Jackson, did not suppose that he would so far usurp the powers of the Senate as to appoint Gwin, in open and direct violation of the Constitution, which he had sworn to support.

We cannot better illustrate the relation between the President and the Senate, than to quote from Mr. Poindexter's letter. He says:

Those who voted in the negative, are, Messrs. Bell, Benton, Buckner, Clay, Ewing, "The Senate, as an integral part of the ExFoot, Hanna, Hayne, Hendricks, Holmes, ecutive, is required to act in connection with Johnston, King, Miller, Moore, Poindexter, the President on the subject of treaties with Robbins, Robinson, Ruggles, Seymour, Sils- foreign powers, and appointments to office. bee, Tomlinson, Troup, Tyler, Webster.-25. These duties are in their nature highly deli

So it was

Resolved, That the Senate do not advise and consent to the appointment of Samuel Gwin,

cate, and, in many instances, a faithful discharge of them involves personal considerations which are always unpleasant. The re

sponsibility which a Senator must incur in giv. have occasionally differed from the President ing or withholding his advice and consent to in the views he took of the general merits of treaties or nominations, imposes on him the individuals selected by him, and their fitness most solemn obligations to discard every in- to discharge the duties of the respective offices fluence from his mind, distinct from the na- to which they were nominated. The same retional honor and interest in the one case, of the mark is equally applicable to every Senator merits of the nominee in the other. The de- with whom I have served since I have had the bates on the adoption of the federal Constitu- honor of a seat in the Senate. I have not attion, and the practical operations of the Go- tempted to control his opinions falling within vernment under each successive administration, the range of his constitutional powers, nor bave demonstrate, beyond the reach of contradic. I deemed it fit or proper to surrender my own tion, that this department was organized for the convictions to the dictation of his will. I have express purpose of operating fearlessly as considered his nominations with candor, as I a check on the President in his executive cha-would those of any other Chief Magistrate, and racter, and on all the other departments, either have very seldom found it necessary to refuse in virtue of its legislative powers, or as the my advice and consent to them in the discharge high court of impeachment. To carry this ob-of my duty as one of his constitutional advisvious intention of the framers of the Constitu-ers. An appeal has been taken from my opition into effect, and to preserve the checks nions, given under the sanction of the constiand balances on which the safety and perpetui-tution, and under a proper sense of the high ty of our system depend, the Senate was, by responsibilities of the station which I occupy in the manner in which its members are chosen, the public councils of the nation, to the people and the duration of their term of service, re- of Mississippi, for the avowed purpose of exmoved from the sphere of popular excitement citing popular tumult against me, for presum which occasionally precipitate the multitude ing to judge for myself, and for refusing to asinto excesses unfavorable to social order, and sent, against my judgment, to all the nominawhich can only be averted by the wholesome tions of the President, be they right or wrong. corrective afforded by the lapse of time, and The name of General Jackson, with his known the admonitions of reason and reflection. popularity in that State, has been employed to "The separation of the powers vested in each awe me into unconditional submission to the branch of the Government, and the independ- mandates of the Executive, or to subject me to ent action of each within its proper orbit, is a the unmerited reproaches of my constituents, principle which forms the basis of our free in- whose rights had been wantonly invaded; and, stitutions, without the strict observance of for resisting those encroachments, they have which they cannot long be preserved. With a been invited to denounce me as recreant to the subservient Senate, and a pliant majority in the principles which I professed at the time I was House of Representatives, the strong arm of chosen a Senator in the Congress of the United the Executive might, under circumstances fa-States. This novel and alarming departure vorable to the gratification of unrestrained am- from the established principles of the Governbition, immolate the barriers erected by the ment, and its practical operations under former wisdom of the patriots who formed the Consti-administrations, has not been confined to the tution, and overthrow the liberties of the peo-humble individual who now addresses you, but ple. it has been spread over the whole Union to "These remarks are designed, more particu- operate on the Senate as a body, and, if successlarly, to illustrate the structure of our Govern-ful, must concentrate all power in the hands of ment, the dangers to which it is liable, the a single person.

guards thrown around it to protect the pillars "Reposing in the fidelity of my acts, and the which support the great fabric firm and unmov- approbation of my own conscience, I might, ed, than to intimate the existence, at the pre- with great propriety, treat this appeal to my sent moment, of the evils intended to be de- fellow citizens with the contempt which its arprecated, and which the downfall of other re- rogance so justly deserves, but the respect publics admonish us might arise in the pro- which I hope ever to cherish for the good opigress of human events. Feeling the full force nion of the people whom I have served in evof the reflections to which my mind has been ery station within their gift, and, until now, drawn in the discharge of the high trust con- without, in any manner, incurring their displeafided to me by my country, and which are re-sure, induces me to lay before you a simple respectfully offered for your consideration, it has lation of facts in reference to the offensive. been my constant endeavor to conform my con- votes which, it is alleged, I have given on duct to a dignified respect for the opinions of some of the nominations to office, made by the the President, so far as, in my honest judg- President to the Senate."

ment, they did not conflict with the rights and Upon the subject of a disagreement between honor of my constituents, and the welfare of the President and Senate, Mr. Poindexter rethe great body of the American people. In marks: respect to treaties, both foreign and domestic, "Such was not the language of Gen. WashI do not recollect one submitted to the Senate ington, when his nominations were rejected by for ratification, to which I have not given my the Senate in 1789, simultaneously with the aadvice and consent. doption of the constitution. The Father of his "On the subjects of nomination to office, I Country, in a message to the Senate, dated New

York, August 6th, 1789, referring to the rejec, consideration, the popular name of President is tion of Benjamin Fishbourn, says: "Whatever used to arouse the indignant feelings of the mul may have been the reasons which induced your titude; the Senate is pronounced, by the highdissent, I am persuaded they were such as you est officer in the Government, which is repeatdeem sufficient." Pursuing the dignified ex-ed by partisans and demagogues ihroughout the ample of Washington, we find that, in the year Union, to be a school for scandal, a Spanish in1808, Thomas Jefferson appointed Wm. Short, quisition," and other more opprobrious epithets; minister to Russia, who actually went to St. Pe- particular members have been selected as spe tersburg and presented himself to the Emperor; cial victims, and their constituents invoked in and on the 24th of February, 1809, this minis- the name of the Hero of New Orleans, and by all ter was nominated to the Senate, and unani- the temptations of official patronage, to censure mously rejected, although, in a few months sub- them for this single vote, and drag them home, sequent to that rejection, a minister to the same by inviting them to resign!! These innovations Court was nominated and confirmed by the Se- on the constitutional powers of the several denate. Did Mr. Jefferson denounce the Senate partments must be resisted by the frowns of an as a Spanish inquisition for that exercise of their enlightened people, or they will end in the constitutional powers? or did he get up popular prostration of every department which shall meetings to censure particular members of that have the temerity to act in opposition to the will body for a breach of his high prerogative, and a of the President."

trespass on his "feelings." History informs us But what does Gen. Jackson care for Washthat he merely regretted the difference of opin-ington, Jefferson, Madison, the Senate, or the ion, and the occurrence was scarcely spoken of Constitution? He has resolved to appoint Mr. out of the limits of the ten miles square. What Van Buren his successor. He has seized upon was the reply of James Madison on similar oc- the patronage of the Government as the means casions? In the year 1813, Mr. Gallatin was ap- of purchasing up the support of the people. pointed minister to Russia, and Mr. Russell to His flatterers have told him that his "populaSweden, both of whom proceeded on their re-rity can stand any thing;" and he is resolved spective missions. They were nominated to that the power of the Senate shall interpose no the Senate and rejected. This fact being made obstacle to the gratification of his will. When known to President Madison, he said, that "the his official organ proposed that the Senate Executive and Senators, in cases of appointments should be deprived of the power of passing to office and treaties, are considered independent upon appointments to office, no one supposed and co-ordinate with each other. If they agree, that so flagrant an outrage received his sanc. the appointments or treaties are made; if they tion; but he has now deliberately done, of himdisagree, they fail." But further; in reference self, that which his organ admitted could not to the particular case of Mr. Gallatin, the Pre- be done, but by an amendment of the Constisident was pleased to observe to the committee, tution !! in substance, "that he was very sorry that the Senate had not taken the same view of the subThe question before the people is, General Jackson or the Constitution. When it was ject that he had done, and that he regretted that the measure had been taken under circumstan-suggested that Gen. Jackson would, after the ces which deprived him of the aid or advice of adjournment, appoint Mr. Van Buren as Ministhe Senate." These extracts are taken from ter to England, Judge Bibb asserted that such the Journals of the Senate, and are consequent-nate, would be a gross violation of the Consti an appointment, after the rejection by the Sely authentic. May I not be permitted to close this reference to precedents by the aspiration House of Representatives to impeach him; and tution, for which it would be the duty of the that these illustrious examples of the fathers of what can the people of the United States exthe constitution may find favor at this day a-pect, if they shall sanction this outrage, renmong the sons of the patriots who achieved the dered doubly improper by the manner in which independence of their country? No appeals it has been perpetrated>

were then deemed proper to be made to pub

lic meetings, either to put down a Senator, or Will Gwin dare to perform the duties of the put up a President. No denunciations of a co- office under the new commission? Or, if he ordinate department of the Government for the does, is there no citizen of Mississippi who has exercise of the powers vested in it by the con- the virtue to bring up the case on a writ of quo stitution, because its decision did not accord warrante?

with the wishes of the Chief Magistrate. All Judge Ellis holds his office as the price of the the departments fulfilled their respective duties most disgraceful subserviency to Gen. Jackquietly, and each respected the opinions of the son; but, a decision to maintain the right of co-ordinate branches, although, occasionally, the President to violate the Constitution, would they did not agree in the views which they took be so palpably corrupt as to furnish sufficient of the same subject. Mark the contrast between grounds for an impeachment; and, although that pure and uncorrupted period of the repub- a servile majority of the present Congress lic and the present day. Under circumstances may refuse to vote it, the time is at hand precisely similar to the late rejection of the mi- when the crowd of flatterers who now surnister to England, former Presidents expressed round the throne, will be the first to seize uponly their regrets at the disagreement between on the tyrant and trample his power in the dust. themselves and the Senate. In the case under Let every freeman do his duty.

The Richmond Whig of the 23d July, says: stand in vindication of their own rights, and of "OBSERVE THE PREDICTION!-Van Buren the purity of our institutions. General Jackson has now made an issue be. will, in a short time, be withdrawn as the canHe has seized didate of the Republican party for the Vice tween himself and the Senate. Presidency! He will re-enter the Department upon the patronage of the Government to reof State, if Jackson is re-elected, and Livings- ward Mr. Van Buren's partisans for calumniaton go to France! He will avail himself of the ting the Senate; and that body will be com opportunity of the necessity which drives him pelled, in self defence, in maintainance of the

to retire as candidate for the Vice Presidency, to claim new admiration for his disinterestedness, to make an appeal to popular sympathy on account of the persecution he has undergone, and to celebrate in strains of adulation, the "golden era" of Jackson's administration! The administration will throw its weight into the scale of Wilkins, for the purpose of re-attaching Pennsylvania to the fortunes of Jackson!

"Let others speculate on the consequences of these movements, and infer the extent of the alarm which is about to produce them. We predict their occurrence in a brief space!"

constitution, to interpose its veto on every nomi. nation, as a reward for such partisan services We are confident that this will be done.

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FREEDOM OF ELECTION.

Who is there that does not remember the constant complaints of the Jackson party during the last Presidential contest, of the inte ference of the officers of the General Government in that contest. And so very reprehensible was it considered by the party, and particularly by General Jackson, that he could not refrain from bringing it before the public in his Little did we think, little

We are not prophets, but we are careful in inaugural address. our scrutiny of passing events. We do not could any one have thought, that acts which believe that the party contemplate any such had been denounced by General Jackson and movement as that predicted by the Whig. his friends, when committed by officers of goGeneral Jackson is resolved to make Mr. Van vernment under Mr. Adams, would be repeated Buren President, and the arch magician is too by confidential and favorite officers of the Gewell skilled in intrigue to let go his hold now. neral himself. This has been so manifest in No-instead of throwing all its weight for many instances, that even the most unblushing Wilkins, the administration will do all in its servile partisan has not even ventured to deny power to induce Wilkins to withdraw, and to it. And it had been done under such circum concentrate on Van Buren as the national dem-stances as must render the most incredulous convinced that it has met with the full approocratic candidate. At the late Jackson Bank or no Bank meet-bation of General Jackson. We lately pubing, the following resolution, introduced by lished a letter from Elijah Hayward, CommisEdmund C. Watmough, was adopted.

sioner of the General Land Office, similar to the

Resolved, That at the present crisis, when all one below, to which we called the attention of the powers of the opposition are concentrated the Executive organ, but it has never ventured against the President of the people, it behooves to say any thing on the subject, and it will no us all, as democrats and friends of Andrew doubt be equally silent upon the present one. Jackson, to abandon all State preferences, and "WASHINGTON, 23d April, 1832. to rally our whole force upon the national demo- Dear Sir-I take the liberty to enclose you cratic ticket." certain proposals which speak for themselves. Or in other words, to withdraw Mr. Wilkins, The people need only correct information, and vote for Mr. Van Buren. It will be recol- and the proposed paper will give it on lected that Mr. Wilkins pledged himself that THE CHEAPEST TERMS. It is intended nothing less than the authority making the no-to reach EVERY NEIGHBORHOOD IN THE mination, could induce him to decline being a UNION;-and it is peculiarly desirable that it candidate, and it will also be recollected, that the should be circulated THROUGH all KenIt will RENDER ESSENTIAL same convention who nominated Mr. Wilkins, TUCKY.

made an alternative nomination of Mr. Dallas, SERVICE IN ALL YOUR ELECTIONS. in case by any contingency Mr. Wilkins should Will you take the trouble, for the sake of our not be a candidate. It is not contemplated to good cause, to raise a subscription in your quarget up another convention, and, therefore, it is ter, and make speedy return of name and MOnot to be supposed that Mr. Wilkins will be NEY?

withdrawn. But it is said that both Mr. Wil "THE TIME FOR ACTION IS AT HAND. kins and Mr. Dallas are applicants for Execu- "The President is well and in excellent spitive appointments. However well qualified, it rits. I do not doubt that the people whom he will be impossible for either of them, or of the has so honestly served, will triumphantly susseveral political leaders who would control that tain him. With high respect, yours truly, "AMOS KENDALL." event, to accept office under General Jackson, in case of the withdrawal of Mr. Wilkins, and That Amos Kendall should be disposed to the support of Van Buren by them. Such a electioneer for the General and Martin Van proceeding would be so glaring and corrupt a Buren is not surprising; but that General Jackbargain and sale of official patronage, that it son should retain in his confidence men who act would alarm the country. The Senate would as Hayward and Kendall have acted, would not sanction it without disgrace, and we are shock us with astonishment, were it not that well convinced that body, will take a decided a succession of events had prepared us not to

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