Berkeley and Jefferson intelligencer. [volume] (Martinsburg, Va.) 1802-1810, 1804-08-24

y
GaEEN was appointed, before his prede-
eessoF resigned, and therefore that the
appointment was illegal. Whether the
predecessor Of Mr.. GREEH had notified
the executive Of hisresignation Of the Of.
Zee Of district, and his acceptance ofthat
circuit Judge, till an appointment to
the former had been made, can be Of no
consequence For the actual reception
Of a commission as circuit was vacating
me Office Of district judge with reference
TO the time Of appointment unless there
was q refusal. As there was no refusal
vacancy existed. To Gil this vacancy
nomination was sanctioned by the sc.
nate, a commission issued, and the.
whole transaction was record Of State.
kBywhat right then was Mr.. GREEN de-
prived Of the Office Was The record Of
the transaction, which was record of
State, falsi6ed; or does MIR. GREEs still
stapd recorded. as district judge for
Rhode Island : The authority of the Of
fee was conferred by his nomination,
sanctioned by the senate, not by the COM
mission, which was only evidence 10
himself Of his, appointment. Had his
Ecommission never been sent for alterati-
Epn, no person could have resisted the
justice he was authorized to dispense.
After all this however, single executive
act numbered among private citizens this
officer, removable only BY impeachment
aad conviction. If the exercise OF such
power be deemed right, the constitution
may be annihilased in moment. Liber-
" will be dependent on the caprice Of the
Presidsnt.. IF he smile, il may live
but if he frown, it is dead. ~ Ee
The community has heard from the
party in authority many declarations Of
the violation of the constitution, by sub.
ljecting the slanderers to punishment, and
Iexpeliing the foreign assassins of our
peace from the bosom of our country.
Yet the same party soon violated il, in
its most essential part.-Tndeede example,
would have taught the nation, that their
language was deceptive. But il seems
70 be. law of nature, that States shall
mot derive instruction by the experience
of those before them. It has ever been
the fate of free governments to be cursed
with demaGogues, the loudest declaim-
ersagainst the exercise of power; yet
/ inpossession Of it, the greatest tyranss.
Isit not an ~unpleasing circumstance
to the friend of virtue, that vicious men
; attempt to assume its mask While il
may be the cause of deception, shows the.
respect for moral rectitude, which ma
ture has made requisite TO the happiness
of mankind. If in the transaction Of hui
man affairs the undeserving obtain. fla
your by appearing virtuous, those who
bestow it ought not 20 be thought the
patrons ofvice. Though Mr.. JETFER.
SON might he cannot still plead the excuse
of deception in his appointments TO oiice,
for time has decyphered eharacters.--
Some Of them claim Inomentarr atten.
ton. The minister to France was per-
hsps thought suitable representative of
the majesty Of the nation. When howe
yer it IS known, that his conduct has ex.
cited the contempt of the chief consul, il
would retrieve our national character, to
supply his place with a person who would
enforce respect. The Continuance in
Office Of the postmaster and atorney.ge-
neral willnot diseredit the belief Of the
Presidents want ofprinciple. The for
mer has prescribed many faithful agents,
because appointed by a presiding admin
istration, while the latter stands convict
ed before tie public of. falsehood and has
made the United States incur large ex-
pense because attending at Washington
was Incompatible with his electioneering
projects. He has uttered sentiments,
displaying vindictive feelings, which
perhaps appeared IN that master of the
guillotine RoBEsRIERRE, Grin the EmPe-
rof CALIGuLA, who exclaimed, k3would
"Lto heaven, the Roman people had but
= one head, that ii might Be struck off at
e1one blow" -. 80 &c"
f ,Hb. !. i 4. -, r.. ..-,,,.:...