Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-03-16

the perion who was then the chef magif-
trate. The gentleman, going beyond all
precedent, has mentioned the names Of
members OF that body, to whom commit
ions igued for oAlces Got created by the
bill before them, but which thar bill by the
promotions it afforded was likely TO rem
der vacant. He has conGdered the fean.
dial of the tramsefion, as aggravated BY
the ilTaing OF ccmmiGiohs tor oficc. nnoe
actually vacant, upon the bare presumption
that they wcu.d become vacant, By fbe
'incwnb-nts accepting conmiiiions for hifh,
er Offices which wete ianed in their fasbr.
The gen;icmahahas panieulary dweitdp-
on the indecent sppearancc OF the buiinefs
from two commif,ons being held BY differ
ent peslons at the fame time, flor the'1me
office. 1t
/ beg that it will be underHood, that
| mean to give no opinion as to the re-
gularity OF granting commitlion for =
judicial Office, upon the probability Of a
vacancy, before il is actually vacant.--
But / ilsalt be allowed to fay THAI 70.
much doubt attends the point, that an 10.
nocent miaake might be made on the fub.
jed. ! believe, i,r, it has been the prac-
.ice to con6der the acceptance of an Of
flee, as relating to the date of the COM
milton. The officer is allowed his iafary
from that date, upon the principle that
the commifion isa grant of the ofice, and
the title commences with the date Of the
grant. This principle is certainly liable.
70 abuie, but where there was iufpieion
of abufe, I p1elume the government would
depart from it. Admitting the Office to
pats by the commiaion, and the aceeP.
lance to relate to its date, it then does
not appear very incorrect in the cafe Of a
eonmiAlon, Tor the Office of a circuit
Judge, granted TO difr;et judge, as the
acceptance OF the commiilicn OF the former
Office relates to the date of the commifiion,
to conGder the latter Office as vacant from
the fame time. The Offices are incompa.
tib.e. You cannot fuppote the, fame per.
fon in both Offices at the fame time
From that moment, therefore, that you
conGder the cf6ce Of circuit judge filled
by perlon. who holds The commi0ion Of
difriet judge, you mutt confder the Of
flee Ct GiAriet judge as vacated. ahe
grant is contingent. If the contingency
happen, the office vets from the date of
the commiGion, if the contingency does
not happen the grant is void. If this
rcatoning be found, it was not irregulsr in
the late administration, after granting
commilliOn to difriet judge, for, the
place OF circuit judge, to make a grant
of the efice ct the diitries Judge, upon the
contingency OF his accepting the office Of
circuit Judge. now return, fir, to that
roin, OF the charge, which was reIlonal
in its nature, ard OF infinitely the mott
ierioes import. Its a charge as te which,
we can only ak, ni trn< !? II ii be true,
it canrot he executed; it canrot he ralli-
ated; it is vile rrcfisste corruption,
which every honsit nind will execrate.
But, fir, we are not to condemn, till we
have evidence Of the fact. If the offence
be ferrous, the proof ought 10 be plenary.
l will eonfder the eylderee- OF the tact,
uron which the honorable member his
relied, ard l will Thew him by the ap-
plicaticn of it to a:cnger cafe, that u -
of nature to prove Lolhing,
Let me 6rit fare the principal cafe.
Two gentlemen of the Israte, Mr.. Reed
of South Carolina, and MIR. Greco Of
Rhode laand, who voted in favor Of the
law of laf GGcp, each received an APP
rointmens TO the place of d;frist judge,
which was defgned to the vacated by
the promotion Of the dittriet Judge to
the othce of circuit judge. The gentleman
conveyed TO us oit,ret impieflion Of
h S opinion, that there was an un.icreand-
ing between theft gentlemen and the
PreGdent, and that the Offices were the
rromifed price Of their votes.
preiume, fir, tie gentleman will have
more charity, in the cafe which ! am a.