Alexandria daily gazette, commercial & political. [volume] (Alexandria [Va.]) 1808-1812, 1809-04-27
SO received an allowance of GOO dollars for

DClIlS pTOltIDltC0 ~ LAZY - ~ u siiS
know that the allowance has been made IN
der very high authority, no less than that Q
the Attorney General of the y. States, an
der the same sanction Of no less an opinion
than his.
Mr.. Randolph said it did not behoye
him to enter into contest with gentlemen
learned in the law as to the exposition OF
the law much less the attorney general IN
a case susceptible Of being SO put that dit
ference of opinion might arise under 1t. But
where the case was such that difference
of opinion couldnot take place, where the
terms of the law were attended to, he should
with great Difference, as a representative OF
the people, not only think himself entitled to
decide between that people and the admi-
nistration for them, but that he was solemn
~ bound by duty to express such an OPT
Mon. And he felt himself warranted in
whathe said by perceiving that the attorney
general ingiving that opinion had not cor
rectIy apprehended, because ne ladnot cor
.rectly stated the law. It has been said that
Homer himself sometimes nodded and a
person even Of the first abilities and legal
research, pressed by d multitude ot-busI-
ness, might make an OVERSIGHT. lnasmuch
as in the attornsg generals opinion the
word adQitic5,aI' preceding the word "a
tidl.Ss IN the law, was omitted. lhe attor-
nev general acknowledged the force o. the
4th section of the law cutting Oft the com
manderin chief from any other emoiuments,
but said, " To put Just Interpretation on
any clause contained IL statute son n'uss
look beyond the insu1atedsectton' | ne en-
tire act must be taken into view, and such
construction formed as will give effect to
every psrt.D Mr.. r. further qpoted the
,,,y;nfeddocument. @<s The allowance made
to general Wilkinson IS not ia rs capacity
ofbrigadier general, but in lis quality OF
commander of separate post. BY the stu
section Of the act above mentioned the Pre-
sident is authorised to d'ow to the COM
manders of separate posts such lauoit!ondl
number of rations as be may frqn time to
time think proper 10 direct, having respect
to the special circumstances each post
Now surely the force OF this term addi-
tional' must have been overlooked by the
attorney general IN this particular case
To man to'Whom rations are allowed by
law YOU may allow additional ratfons. But
can, gou allow additional rations to man
who is expressly prohibited from receiving
any? Can you allow additional any thing
to a man whose compensation As fixed BY
law, and who is preciuded in The act Itself
from receiving any further compensation
To inferior officers commanding at separate
posts, additional rations We're by the law
contemplated to be allowed, ar1t. Tor rea-
son explained in the act itself. But It would
be recollected that the commander IN Chief
always had a separate command. ihe law
contemplated that by having a@separate
command, incidental things as to inferior
officers, but inseparable as to the command
er in chief, they might be compelled to en-
terrain company and SO into cxpencts which
their pay would not warrant; and therefore
in such cases additional ratlons had been al
lowed. Ifmy construction Of the law be
nor correct. said he, words have lost their
meaning; terms have no longer any slGall-
6cation: and we legislate here TO no pur-
pose whatsoever: & the force Of this thing
will be. made more. apparent when we come
70 consider that it is stated by the account
tant of the war department., that coils. Free
man and Gushing, received additional "a
tions,'' agreeably to law, for commanding
at Natchltoches and at New<0rleans, tol
the same period oftime watch an allowance
was made to the commander in chief at the
same places. Sothat even if his construc.
ton was incorrect, If White conveyed the /
dea of black, if right was 7sfons', if "addf
tional' signihed atbtrdctioaal, still Mr.. Il
said) that the law had been completely exc
cutcd quo al hoe the moment the -preslden
had authorised additional rations to colonel