Jenks's Portland gazette. [volume] (Portland [Me.]) 1799-1802, 1802-01-11
e.an he Network Commercial Adveraler.
NuNiBER XII
r. TIC preaDent 81 tBe uHiteo States.

ruF conaitutional right Of the Chief Ma
a.. D make vacancies At Plealu'e il the
gn'a' q Government, is point th4t delerves a
~oa T.iars confederation
AD -, yery evident that The tram:rs Of he con-
~, conGdered Il as unGafe % lodge the
tal.ooRer Of appointments in the Preident !
w. Concurrence of the Senate is made nee
INV 70 every permanent appointment. The
n..eleor A." n,miHatst, and by add with the I'd
,}e,afat Of the Senate, abbaiTtf," all the
r., n GOVERNMENT, whole appointments are
N otherwAy. ProEited Tor. Inc cIau'e from
mn the Piefdeot derives the power Of Ill
"A Aces. without the previous confeat Of the
co.. IS in thefe words The Prehdent
@.W have the power to fill up al vaca7cis5 that
baDssa during TIE re7eG Of ibt Sena'e by grant
III connIions whi-h thIL expire AZ he end
II he ntxt lelIi]n."
Nothipg en- be more clear, than that The IN
,,rton Of he frarrers OF The Conuitulion, was
!, empower he Chef MagiRrate to eXzrc'le
,snpo-ari 7, a rirht which The Contribution has
,e.d 10 the Pieiident and Senate. And 1t /,
so1sly clear that this article cJntemFlate5 me
eal: oDy # contingency The words may Ia?
pei" are The appropriate term an dea3.e 6.JHai-
I, ana they utterly exclude the lUpPoHuon, that
ne G4mers Of The ConRituuon, intended e welt
n unlmi ca power in tue Pr="dcat, 10 MAKE
& anm Ike Officers al pie alu'e. Some lau'ule 4
tonarud0n matt Be given the wo-ls-qay tlt7:n
Dr ahho they compreie ed more eiPeclally The
CAFES Of ds4tn, r-lgnaron, and ct4b'hty, ct
clrlne from une, p-tfrd ctules, yet taeIe Is no
.oabt. that they Will alto extent 70 Cal: ST ce
lnoa-ncy f3r the Chef Mag,ITat= beng
ma Caurdian of the puaiic welfare, is found e
u. tie l,ws executed, and II cafes coming with
IN The cirH, though not within tEe IsttsT r ne
Constitution, Il y lis Gu-y to eAcrolie what IS
called in law E2pa8 Aj5rstigq. f. he public ben
sit. But it dp9sa.s from The words ri the
Contribution an4 from every rule OF conttruttlon'
bu he lole intention ot the ciau.e, was II
iodsea power u the Preideat to make tenn
poraty appointments, fir tie fole PurPole ot n
hriag aIegu,4r -2dminltrati ln ot lh5 laws, IN
all ths branches # government and that -
10 1It 4ca u i74sr4ed u eH4J-e tts Gait MdgJ
frae 70 ir.r5os tD authority, IN re TeecIf q ire
sHqt1 aI q. 7gitl9zi J4c5 iat.rb5fti77, t5s pu5h1
lror, 1vorLi b inbsAd That this T. found
eoaIrldior Of Ii CooGi,ation, Pretune ro
MN viii denv, who exl mines the l-GJ-St " II
mnd perfectly impartial.
B. Ibis contraction it IS beiieve3, the Tor
mrPea Tents were guided IN their idmnittrl'
tin. L does not ap@e-r chat IN Jingle in
Rance. an officer was removed. W,.hout ! re&i
obi e on 10 his condud n offce-lhe caies that
occurred, 70 lar as The circumt1ncss are pub
icly kaown, may all he ciafrI under d+FH7Hn
q, djoJefa7cs sf i4Prr7i9H, and fte3 ot59lIrn Of
st7;gg a5 b 75s L tbs 1s1u n g5UsrHrs NJ II
!. denied that ,,ocie c.f- be nam-d, IN which
an ofi er was difnlf-d for a mere difference OF
political opinions; much iels did your pre-
de,ef1rs ever nuke vtzHyto CRAFTY a t1fs7d.
It's true tha. il organizing the department.
Of government, It was determined by the leglt
htnre, after great d-5ate, that The nncers al
Royernmen.. aoDoinl45le by The Preliient AMI
Senate loulI h.id their Offices during hf flsz'Drs
5he PrsjfI-ni, and Iul1errttnd thar III ccru-
millions bear thi, Rye. But this detsrmjoa'Ion
makes 40 eHe1tial DIFF renee i'd the qI-E'on !
becaul, were thee diT-rence beiweeo tie con
ltitu.ion and The avs, tbs point, tie conIt.u
'hn beng OF paramount author y, mutt 5 t'ern
ue contribution But 10 flch diff nee Kit !;
the true lenfe Of The law i, perie3lY cort-atane.
ous with The fenf- Of the con ttluon, ani The
plegfars ot'fbs Prsfisnt NUT, On eve.y rule OF
toaau-tion, be interpreted 70 mean, "iii and
power 70 apPo.nt and f7llce oflo RS, = Coz.
hiency with The fpir't Of the conttuIon5 and
- CAFES only ii who o public fsrv1e demands
IN e1e-cife Of III. 2ower.-To fuppfa the PIs9f
srs gf bs P-1ftsrt, 70 mean a caPrlc'ous peal
ere or W. % Dc exsrcled tor private o. party.
pnrPoies, IS an ab1fe Of wor4s 4 contempt a
th- con2i,utioa and laws. aud mont to the
Sonmoa lenfe Of mankind.
lam not about to revive the Q1e3ion, 70 ae'y
and CLIQUE city df:uded, IN th-s6rt Con8reis'
IeiAtgs d the ex7edency Ut veitInE iuch an *
isnive authority in the Chief MagII5raee' II
2 ProbFlle, lhlt the dsrermnati "a thu an 4
nm il nov Ran q, Is Gah's to fewer o'Jec'
hons, THAI ~ limitation IF his 40 horny nat
has yet occqr ca To our wtlet aatesmen II the
PTefdrn; hid 10 power to fl vacancies hap
pe1tnS du ing the receCs Of he Serate the Sen
a'e nut be kep,rn perpetual felion, and become
aPsrm-n=nt couu-il. IF he power was limited
90 P~'icul4r cafes, it is probable that non emu
m5Ta'e5 cafes might occur, and leave the laws
a'ajnlini2erei, 10 the recels Of the Senate. Ii
IN Iorer was qul'i6eJ, with a Provli0n that