Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1803-02-12
(ConfizaSd.J

diicuiion, and as there had never, TO ms
knowledge, been Grnilar application, the
deciiion on this would form aH important
precedent; lie therefore .ho4ght II beit
that the idbjee mould be examined 10 All
IT'S bearings. The hra enquiry that oc-
CURED 10 his mind was; eould there be
cafe, which would render il proper 10 d.
rect The Secretary 10 give an extract from
the Executive Records
A cafe might be itased which had IN tact
happened; gentleman who had been de-
Is appointed Diltritt Judge, received,
by mlfske, ccmmfiion as Circuit Judge;
there was Circuit Judge already ap
pointed, cemmifioned and acting IN that
cspicity, 20 that two contnliiions, exactly
hlnilar in point of form and iubttance 70
two different men, were exiting at the
fame time, authorizing both TO act IN ca
pacity, where the law allowed bus one TO
act. What can be done? Shall We retort
TO The PRECEDENT, TO reciity the mlttakes
He is out of office, or II may be he IS
dead /; ihall we reiort 10 the Secretary OF
State? he is OUT of office, or dead. Be
Gdes, ii both were liv:ag and dipoied 70
re6ity the miaake, they could neIther OF
them compel obedience. Shall we refort
10 the Senate? A mandate from Them,
would tend only TO ihow their lmbecliliy,
IS their Executive functions extend not to-
commiiIions, bur foley to advice and con-
fent, on nomination. An application
then TO court Of JaRice, by qa0 tra-
santo, or fome other procels, was the on
ly proper and efficient remedy TO prevent
The conflicting operations of the two
Judges. Gould any gensIeman point Out
another remedy!
What courfe would court puylue in
fuch an enquiry? Upon infpettion OF the
commiilions both arc equally authentic.
A resort muis be had 90 the executive
Journal Of the Senate; and there, il would
appear, thar one Judge was nominated as
Dafrid Judge, and as fuch only, the
appointment received the advice and con-
fen, of the Senate, and thar his commiili-
on had iGued, by n,iaake, as Circuit
Judge. inHesd Of Dilfritt Judge. A
Judgment OF Court that fuch ccmmiili-
CD was void, would be an eietaual rene
dy. But was NOT an Extract of the Exc
cutive Records Of the Senate the bet evil
dsnce which the nature of the cafe admit
red The records of the Executive, or
Secretary Of State, if any fuch were KEPT,
would amount to no more than, that the
Secretary OF the Senate made a report, of
certain tFan.ae3ions Of the Senate, in which
report, if the Secretary ihould miitake the
fact, either by accident or CORRUPTION, the
evil mutt remain without remedy.
The highea evidence which could in
fueh cafe exit, he thought was TO be
derived tsom an Exers2 of the Record,
kept by the Senate, and under alolemn
order officially given, and atteited by
their Secretary. All other evidence
which he could conceive of, was of lub-
ordinate kind--But in Objection, il had
hsen Gated, that the Executive Journal
was fecfer, 10 which the PRECEDENT is
party, aud without his content no .Extratt
ihould be given. Mr.. Tracy faid that
However this oblerva;lon might be JAZZ, III
rsfpea TO confidential neaages, yer The
Executive Journal was as completely an
der consroul OF the Senate, and of them
only, as they would be if no PscGdent ex-
i2ed; as houfe, and fubaantiye branch
of government, they had conairutional
authority TO keep Journals, ard to make
rules regulating their conduct In that,
and all oshcr official traniattions and
acting IN that capacity they had made a
rrle thar no extracts Mould be taken from
the Executive Journal without an order
of Senate, Piainly indicatiag, shatsii they
pleais 20 GIVE Each order, nei her the Pre-
iident ner any body elie bad a right to
objetf. If The Senate chuie, they might
af2 uDaa All no4nina lions G.! tie pfeiidcut.