Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1803-03-18

Erom the WAsHINcr0s FEDsRALIsT.
MA N D A NJ U S.
Es;uiox o1s5. saprszue Cart, aelivrredby
Gift J1a:ee .aayl5GlI, February z4fb,
1909.
WA. MAsnUaz' On a motion for
The sHc. Of Stare. a Ma"a'nas.
Confirmed.
gn conGdering this queaion, it has been
conjeetared thar the commi.iion may have
been atanilatsd TO deed, TO the validity
OF which, delivery is eaensial.
This idea is founded on the larpolition
shss ,he comni.ion is not merely eviafare
81 an appointment, bur is i,ielf the ac'ual
sPpoin,menk-a luppoision by no means
s4nqaeaionable. But for the purpofe OF
examining this objection fairly, ier il be
conceded, that the principle, Claimed TOR
It's ian2ort, is eltablilhed.
Tbs appointment being, under the
conaiturion, TO be made by the Pre.leent
ssrl5aaAy, the delivery Of the deed OF ap-
pointmenr, if necelary TO its completloH
maR be made by the Proficient alto. 1t
is not neceHarylh the delivery ihould be
made perlonally TO the grantee OF the Of
FEC. 1t never is 70 made. The law
woald leem TO contemplate that II fhonld
BE- made to the Secretary of State, liace it
directs the Secretary TO afix the zeal TO
the commiilioo atlsr il ihail have been
figned by the preadent. If then the att
ofaelivsry | e neoei1sry to give valid ty 70
the COMMUNION, il has been deliver
Cd when executed and given TO the Sc
cre,ary for the purpofe Of being iealed, re-
corded and tranfnitted TO the party.
But in all cafes Of letters patear, Ger
tain fo!emni,ies are required by law,
which lo!emni,ies are the evidences OF the
validity of the inarument. A formal de-
livery 10 the pericn is uor among them.
In cafes of commifiions the hsn manpal OF
The P..siIeot, and the feal OF the Uni'ed
States, are thofe iolemnisies, This OBJ
;estion therefore does not touch the Cafe.
II has ALTO occurred as pebble, ard
barely pofible, that the tranimiiiion OF
the eornniiIion, and the acceptance there.
Of, might be deemed neceaary to complete
the right of the plaintiff.
The traninilion Of the comn;illcn, IS
practice directed by convenience, but
nor By law. II cannot therefore be necei-
fary 10 coaiitute ahe appointment which
nscf preccde il, as,l which is the mere acf
OF. the PreGdenr. If the executive requir-
-e-l iha, every petton appointed TO an office,
ihould hiElielt take means to procure his
cenp.ilion, the appointment would not
be the lsfs valid on ;bat account. The
sepoinssnsnt is the lo,e act of the Pref,
d. - the tran!mi.bon Of The commifion
Is The fo;e act of tie officer to whom tha'
du,y is ahignec, ard may be ace efated
or retarded by c;reun!tances which can
have. no iatiuence On the appointment. A
conm.fion is tranfmi,ted 10 perlon al
ga5y appointed; NOT TO a peT.on TO be
appointed or net, asslhe letter lnciosing
IKE coauniaiion llouid happen to get Ia
70 he pct elise and reach him in iatety,
or 10 milcaFry.
II may have fome Tendency 10 elu-
ciaa,c rll:s POM, 70 enqoise, whether the
poi,eli5a of ,he origiaai camnhIion be in
difpsalablT ueedafy to Authorize person,
appointed TO saY ofaee, 70 perform the Gu
Ties Of thar ca3i e. # il was neceaary, then
alofs Of the comm:tlion would lo:e the
.oa:ce. NOT only negligence, buf accl-
dyat Of fF4od, Ere or theit night deprive
an iadividaai,et laisc. u .ach CAFE.
| prefone it could DOT be doubted, but
.tls, a copy, from the record ot the office
Of she Sccse.sry Of State, wcuid be, &c.
every latent and purfofe, equal TO the orr.
pins!. The atl Of Congress has ex