Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1813-12-11

aAps;at any poison e pssssos = PSF
soem the duties Of Sserstary Of the
Treasury during his voluntary ab-
.ence FROM the U. 8. Ard it ID 9
subject Of no small regret to me. TO
selieve. that tho President has MUM
tentionaIly mistaken his powers in
thi. very desicxte and important
respect. 1 have at the same lime
80 much confidence IN his cander
AMI masnauimity. ~ TO believe,
that upon more critical asien-
ton to the ConAi'ntiFa and Laws,
he would ackpnwlragt the mistake.
The sole srcumi ,,n,n which the
President places hi. authority il COM
tainel in the following section OF the
ACT pa,ssd the, stsr Of May. 1872. to
which he refers in his reply 70 the
resolution of the Seuate upon the
subject.
{" That in case or the death, o.
sence from the seat IF gorfrnmeat,
or sickness Of the Secretary Of 'taie.
Secretary of the Treasury. or Of the
Secretary Of tho War Drpsrt'n"m.
or Of cny officer Of either cffhe said
departments 7csosc uppoin'mfnt is net
in the tend tisre.f whereby thes
cannot perform TIE duties of their
said respective Offices, i, shall be
lawful for the President offhe i. 9.
in case he shall! think it rtcr,sar, TO
authorize any person oripersons at
hi: discrctiun 20 perIorI he duties
Of the -sil respective ohirs until ii
suc"c..nr NC appn'n'rd, " until such
ahsenre OF inabili,, b, 6ckucss shall
cease"
The word. from Which the Pre-
,idepl has Inferred tie e1errise Of
,ni, nower. are, A" aasence fram the
SCAT or:ov-rn mpnt." IL is sail TINT
the secrrtars oEthe 'l'reasnr, is an
sent from the seat Of government,
anil therefore. the President may.
under the law. appoint person to
perform his dutie. turing sueh an
srnrc. This construction regards
'nerely the letter nf this particular
clause Of The LAW detached trom e.
very e'her. Hrd dhv'cnsly disregar'ls
the meaning and SPIRIT Of the clause
itself. as well a. every Other part
Of the law. The object Of the law
was. 10 provide a remedy for ccr-
tain cases Of Necessity, Witch had
been omitted IN lhe provisions Of the
Constitution. The construction Of
the law therefore, ought cot 10 he
extended h-,nnd its own object. The
words "ah.eure from tie scat OF
government" evidently memn. a ne
ctssary absPncs, pre- existing any
power giycnt" The President By the
law. aNt evidently create u condition
precedent to Size exercise orauy pow
cr whatever under il. TIE esent
R.usf h,rpen, before the power ac-
c"ae.. Now. what are The powers
exercised by The President under
these w"rds-first. the power to
create the absence, and then the
power So arpnir, in consequence of
the abseune thus created, moi in
consequences OF any necessary alb
seHce pre-esi:,ing the exercise OF
anv power (" ',steyer under ..!e law,
bn, an account Of AT absence created
b, i've i'rr<ident himse!i, from an
exercise ~ pnwer. not given by the
law, Where are the words in the
law, wbicb could be construed TO
Intend TO give The President a pow
er to create an absence There
are none. The words in ease !. of
absence froa the seat of govern
mra,.' certainly DO rot. They are
oa!, intcndrdto describe one cendi.
in, upon which the power j. 10 ac-
crne. and that condition must pre-
cede the exercise Of any pawer
Whatever under the law. But there
is another objection 10 the exercise
ofthe power in question, under the
words :. absence from tie seat of
government !" they 10 no, describe
tue ease, which has happened. and
upon She happening Of which, the
fresEsrn' has yentnred 10 exercise
the power. The actual ease. which
has haprcn"d is this. The Seere-
iary of'he Treasury has voluntari.
|, taken voyage 20 ~. Petersburg.
NnN ! den, that. this case is de-
srribed by the words - ahsence
from the seat OF governments" he-
cause those words 20 not only con
vey an affirmative idea Of a voyage 10
81. Petersburg. hut do Imply u ne
gative idea against ii. These words
IN for fem, -, ,t,n ~