Jenks's Portland gazette., 1802-02-08

fon nominated by the Pieiiient aud aEented TO
by the Senate, are IN fatt gtfesrs of The United
States, ". Gre they receive their c1mmifiion
The Preiident I G4a conlmifIsa all fb. efF-srf !"
which words are equivalent to tkeie-s the Of
6cers appointed BY the rre6dent and Senate
hall receive cnmmitlians fiom The Preiidcnt"
The clear import of the words is, that the ap-
pcnied, are e;9sctr5 or IN Office, BY the appoint
meut. and thefs e8gasr5, the Prsiident is com
rnasds! to commillion. And if this is the true
conHruaion of the words, the Pre6dent, by
Withholding or rsfu6ng, or neelet'ing 10 grant,
a comm Zion, in purluance of an appointment,
Vioi1ier fbs ee59faii'a.
That til, IS the true contribution may be in
ferred from another confederation. OF every
Official al Of government, thsre mul be rec
ord. TO whicA an appeal can be made in cafe Of
controversy, and which By iilelt is legal svi
dence Of fuch oficial al. In the cafe cf GeGg-
nations to Office, the nomination Of The Pteii-
dent and the afent OF the Senare, are matters Of
reeori-lh Rtnd on the journals of The Sc
nate. as ? part of their Official aas and 70 lhefe
Journals alone can the Preiident relort, 10 know
who Is, or who is not appointed. The PreIi-
dents nomination alone is 10 appointment
when the Senate is in felton, and the journals
of that ho0ie are the records OF their acts on
which the PreGdent proceeds in granting com
millions. In the cafe before US, Mr.. Greens
had been nominated by the Chief Mapiala;e-
TO this TO mruation the Senate had adeutei-
10Th theie acts were recorded and remained as
evidence. and the ooly recorded evidence OF the
appointment. AS therefore the Preli4ent de-
rves his only evidence of appointment from
theie records, either from infpecfion, or from
information received through the Secretary Of
the Senate, ne has no authority to grant com.
millions without being furGilhed with tnis egi-
dtnce. From this aatement, the inference is
unavoidable, that the Pfeiideut cannot govern
himie BY any rule of conm'lIioning officers,
except BY the -official determinations Of the Sc
nate--he cannot depart from thIt rnl-- he naf
fo he is expressly Commanded dto-commidion all
the officers which he finds on The records of the
Senate to have been appointed; unlels in cafes
where he has the power of removal.
Another view of this iubjsa will prelent il in
a ft,oug light A ciaule in the eonHituuon an.
thorizes Congrefs if they fee iit, 70 vea he ap-
pointment OF inferior officers in the heads ~
departments or the courts of law. SuPpole
Cougrcis had veRed the appointment Of Mar
ihas in the Supreme Court. without a nomina
ton from the Prefdent. In this cafe the ap,
pontment muR proceed from The court, and the
oommifIion from the Preiident, who Is directed
TO comm don all sfesrI Of sbe UaIie5 Stafs5-
But, ia each cafe tncre could be no queAion,
that the de6gnaion, or choice Of the court,
would conaitlJe Al abloluts attsiaimsHf, altho'
The oomnifion mutt proceed from The Pref
dent- The court NUT notify u appointment
u rh. Preident, and he mgR e oourie ihue
commiliion - puhusnce Of that appointment.
Il would be part Of hi. executive duty, which
BE- co1ld not orait without violating the conli-
tution, ani fubje5ting himf-lt 70 a liability to
impeachment.
This reAfoning cannot BE varied by an error
in the form ot the oommiiiion. ltwould be the
mof monarous doctrine imaginable, to main
tain that the niAak: of = Clerk or Secretary can
defeat an aa OF the Executive Council. The
records Of the Senate are an evidence Of the
fAa, and tits the duty of the Chief Magiarate,
at his peril, 70 purlue the appointments and car
ry into effea the real aas Of that body. If a
miRake occurs in the forms, 1t is his duty TO
reaify it.
Ia vain will your friends urge as an apology
for your conduit, that Mr.. Greene was one Of
thoie who received his appointment jua at the
clof. Of your predecedor's administration, and
that il was, ndelcate thus to all Offices with
men in whom you oonld not have confidence.
reiea every fuggeRion Of this fort. Truth
luflice-principles -Confitution-thefea are the
guides Of uprish rulers, who have Jingle eye
70 the public welfare. Il was the duty OF your
predeceiIor to proceed in his nominations, and
in every part Of his executive duty, in the fame
manner as though he had been to remain 10
Office. And in deignating the men who were
to fill Offices, he could net conaitutionAly take
into confederation the principles Of his iuccehor.
The contribution rejects he idea that officers
are The agents" Of the Chief Magiftrate
while proPriety. impartial juaice, true policy
and public opinion trown with indignation 90
the fuggeltion.f
From thele obfervalions, it appears. that Mr..
Greene was eoa2imioazLly aR3ais'sd Judge Of Tie
DiariaCourt-and being 20 Appoiatet, and no'
= l. III -.