Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-10-06

that oW1DS 10 the force 70 fnS Pafj0nS d
msn, and other caufes, an obleFyance of Its
injunttions is a talk ofno little difficulty,
Alter what has happened, it is'a high time
TO dilnils all concern shout appearance.
and confder whether the contribution ha.
or has not, iaya7 been vioiased.
Though the committee have cited q
part of the contribution, they have no,
faid in what manner il has been violated.
They farely do, mot maintain the opinion,
that the PRECEDENT cannot appoint agents
FIR fPecialferyices, without beiog express
ly authorized by law: this power has been
exercifed from the COMMENCEMENT of The
government, and repeatedly by Mi. JEFF
terfon Gnce his election to the Office of
~pIeGdenr. They will not fay that Mr..
Tracy was ineapaSlg reeeiving the ap-
b4iatment. The violation of the conai-
tuition, lift has been violated, is there
fore imputable to the ~feuate, in COME.
qaence Of having permitted Mr.. Tracy
to retain his feat in that body, after it
was known that he had accepted this ap-
pointment. If, however, the commit
tee intended to caA any reflection OIL the
f~enate, (which I do not fufpea) then
they may be jualy charged with the ab
Pearanee of having ulurped a power, which
cannot be conGitutionally exereied by
the whole houle of reprelentatives-bat
gj2dging Of The qualification of Enator,.
The phantom RATED by the Imagination
Of the committee will, however, vanifh,
when 1t is ceniidered, that all offices Of
Tie United Stars are derived Immediately
ttom the eosfVuix, and created by kgjAe-
hvs ATS; thar the agency entrufed to
Mr.. Tracy, originated with the executive
department ; and that the authority to
employ agents, for a variety of ~purpoies,
reialts from the nature of the executive
power, and has never been quelioned. If
no ditinttion between an exscutive agency
and an office is permitted, the confequence
mutt be-, that all per(ons who p-ySrm Ir-
Viess gay kind for the UuNed States,
for a e0mpegfaiiou, myf be eonfdsrsd as
officers. The perplexities winch fuch a.
contribution would occslion, in adminifer-
ing the government of the U1ited States,
and the till greater perplexitns in execut-
ing the contributions and law. of the par.
~ticular tates, mott Of which have declared,
that .Gees under the two governments
hall be Incompatible with each other, fuf-
fc emily e%vinc.. that the idea fuggeaed by
the committee, would be as milchievous in
praa &c as it is Unbound in principle.
The committee were probably couvin.
ced that the circumstances Of the public
feryice were fnch as rendered the employ
neut Of an agent proper. The military
potts of the United States extended thro'
an immenle region: the communications
between thief; potts and the government
were 70 uncertain, and attended with fuch
difficulty, that it was reafonable to pre-
fumc that many of the advantages in re-
fpea to dilcipline and economy, which
refult from military fubordination, had
been but partially realized: it is notori-
Gus that influential individuals of the par
ty now 10 power, had continually repre-
tented the arrangements of the military
Establishment and the public factories, as
being greatly deteetive.
At no time had their complaints been
more vehemen, than jut before the period
when this agency wa, inifituted. Under
thtf. circumstances it was the right and
it became the duty Of the standardization
to- afcertain, through an impartial channel,
whether there exifed any juff caufe for
the clamor which had been raifed.
There is much resfon to fear that party
prejudice againft indi0idnaI has tx fire.
,quently prevented a fair Ultimate of the
merit Of meafa,e,. The appointment OF
Mr.. Tracy has accordingly been exclu-
fvely attributed to p~eifonal favor. 1t is
true that Mr.. Tracy has been a difin-
guilhed advocate for the fyaem of the for
mer administration; but it will be ad-
mit,ed by his OPT onents, that, with the
exception Of quettions having a direct re.
la ion to that fyfem, no petion has given
more uniform o. decided evidence of