Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1803-03-19


creations may be, the theory of'his pFin-
eidle will certainly never be maH'a'nea'
No al Of ti,e legiaature confsrs 20 extra
ordinary ,asprivllege, nor can It esiiYe
! counrenance fiom the doctrines OF the
common law. After Eating that per
{onal injury from the klsg TO tubjeet Is
| prcfumed to be ilnpolibie, Backbone
vol. ), page a55 lays, but injuries 10 tie
rights OF property can icarce!y be CON-
mited by the crowd wisholt the inter-
yeation Of his officers Tor whom, the
law, in matters of right, entertains 40
| reflect or deicacy but furnifhes va
rious methods Of detecting the errors ana
mifconduet of thoie agents, by whom
the king has been deceived and lnduo-
ed to do temporary injuoice.
By the aef paiied in 1896, authorizing
the iale Of the lands above the mouth OF
Kentucky river (vol. Sd P. 1897 the prf-
chafer en- paying his purchafe money, bea
cones completely cnutIed 10 the property
plrchsfe3 ; and en- producing to the ie-
cce!ary OF fate, he receip, OF the treaiu-
r2r upon certificate required by the law,
the preGdent o. the United States is au'ho-
rifad TO grant him patent. Il further
enacted, that all patents lhall be counter
Ggned by the fecretary OF fate, and re-
corded in his office. II hefecretary OF
Gate lhould chcole TO withhold this Ia
tent; or the patent being loft. fhould re-
faie copy Oft, can it be imagined that
The law lurniihes to the injured Peiion no
remedy ;
|, IS not believed that any psrfon what
ever would attempt 70 maintain iueh d
proposition.
1t follows then, that the quefion whe-
ther The LEGALITY OF an att OF the head OF
Department, be examinable IN court
Of iuGice or NOT, muH always depend on
the nature of that act.
If ione acts be examinable, and others
not, there muf be fone rule of law to
guide the cour, in. the exercile Of its ju-
fiflittion.
In iome infsnces there!msysbe difficulty
in applying the rule TO particular Gates
BOT there cannot ii is believed be much
difficulty ia laying down the rule.
BY the contribution of the y. States,
tie preildent is inyeaed with certain i'm
potant political powers, in the exerciie
OF which lie is to ufe bis own diicretion.
and is accountable only to his country in
his political character, and to bis own con-
icisnce. To aid him in the performance
OF thele duties, he is authoriledto appoint
certain officers, who at by his authority,
and in conformity with his orders.
In fuch cafes, their acts are his acts !;
and whatever opinion may be entertained
OF the manner in which executive dilcre-
tion may be ufed fill there exits, and
can exit no power TO con.ronl that diff
cretion. The lubjeds are political. They
reflect the nation, not individual rights,
add being entruaed TO the executive, the
UtCiltu VI Tic SACSutiSC 10 SouSioh'S'
The application Of this remark will be
perceived, by adyerting to the act OF con-
grefs for eitablilhing the department OF
foreign affairs. This officer, as his dutles
were prefcribed by that act, is to conform
precilely to the will Of the PRECEDENT.
He is the mere organ by whom that will
is communicated. The acts OF iuch an OF,
fcer, as an officer, can never Re examin-
able by The courts.
But when the legilatule proceeds to
impole, 90 that officer, other duties
when he is direefed peremptofiiy to per
form certain acts; when the rights OF m
dividuaIs are dependant on the performance
of thofe ais; he is 70 far the officer OF
The law is aHlenable to the laws for his
conduct and cannot at his difcretion,
fport away the vefed rights of others.
The concluiion from this reafoning is,
that where the heads of departments are
The political, OF confidential, agents Of