Alexandria gazette, commercial and political. [volume] (Alexandria [Va.]) 1812-1817, 1813-12-14
Ham roe Frsinia .1rsss.
no rIs PGe2aE OF yIaGtNtA.
No. III.
IroscErDsD.)

fYtinl 70 this. INC t-f5sjieDt su4H
a, ,iaats, AL by AL With tia adj
We, anl consent " tas Senate. ssIH
a ,ao,n, Az tho officers OF tas 60,
1c.,ueat, es,saially the priscipat
ofFssrs; hit tia Congress NAV ~
h:o iapsst IN hin aloas re aoPsist-
meal # ,a,a iaf srior 6frers as they
thinx np,, sp. Goagrtss is certainly
re.traiasl fro q changing by Ia's IN
der any circumstances. this eoastitu-
t;oaal ensrxs Of a,paiasia, tbs prin-
emil sf~srs. which esn only be lone.
by AL With the siries aud soassas-
Of the Seaase, and not 81 the Psesi-
dent alo.,a. How does the 9awsr
exe.eisaa IN Ter the law W the Pre- :
silent slaRs. som port with these pro-
VISIONS of the Constitution :trs
nat an these wise asd HesessaFy d.
i..ti,n. a,d restrictions p-avided
n ysia? Tho prinsiple Of con
strucii,u mt upon this lax, would
enable the President, drst 20 create
tine absense. Ito uss ths words OF
fhs law IS of the Secretary Of
State, Secretary Of the Treasu-
ry. or Of the Secretary OF the
War department. or OF aay Other
officer OF either Of the said depart
meafs. whose appointment is not in
The hsa:i ,hsraof;" aud then to sp-
psint afi these Ulcers a!one. and
without the s.lvice aad consent Or
the Senate. 1t happens by q strange
AMI Singular fatality ia this inter-
probation af the law, that the Pre'i-
dent elai rs tbs sppolni:0sut atone.
Of th.se very principal officers. the
agpointusat OF waish by the Pre-.
silent atone, Congress- has NJ poxer
eysu by law. 70 vast in the Presi,ieat
alone, asserting to the provisio's Of
the constitution; whereas his pawsc
does not axtsad to the sp,eint lsat
oloae. of such inferior oRssrss IS by
law Congress may eonstitationaiiy
vest in hin alone. Surely the law
never eoyhd intend, aud doss not
mean such palpable contradiction
10 ~. provisions oft'ie constitution,
for tae law only intended TO provide.
from a ariasiple or necessity. or an
provided rasss, and aot to change
the constitutional provisions, for nro
yiIed cases. Tie whole section OF
tho Law taken together. CLEARLY ex-
plains its own object, Tori cannot
esasps atsatioa. that according 20
its ,r3yisioas, the eases o. aoseaoe.
AL disability described. arr to Or
such. as that the person affected BY
them, cspaot Darfopm the duties o.
his AIS, ;1fow it usvsr can % iairI'
eoutaaIei, that voluntary sban-
,ion aent of the duties ofsa ofiee. can
Imply an Inability to discharges the
duties Of suel, olsa. Besides. II the
Secretary cannot discharge TIE da-
ties Of the o'fi,e OF Secretary OF the
Treasury, il is proof positive OF the
jnaomaatiMltty NJ the two o'ha-s IN
cuestion; beeauso the test OF ,osi
fips isaonpafibility is the posiiips
inability Of thu same person. 10 dis
charge the duties OF the two ssHe"s
at tha SANE tlns. Bat The cxteat
sft!,ia aar,rtanate INTERPRETATION OF
the law hoes net stop here. TN the
18th Of Fe5. f795. congress again
presumed this subject. and probably
Or sanins that the covers given TO
the President by the former act. had
bean rsther iadsdaits. passed ana-
tier law with q view to its limita-
tion, consisting OF a single section.
IN tie folIowiag words: -
:. That in case IT paranes in the
o.Sss o. Secretary Of State. Sesre-
txry sf the .Treasury. or o. the Ss-
cretary Of the 0epar:ment OF War.
Or ~ anv aifiuer " either ofthe ssid
u aavtnen.s. whose appointment is
MOI in :l.e hesd thereof, 'c'is'fbp tisg
caarotyr,form the duties # IhsiT re-
spectire Offices. it shall be- lavfn' for
the President OF tae United States.
In case W shall think it necessary,
10 authorize any pevssa o. nersans.
at .iis diserstioa. TO perform the da-
ties Of tina said respestivs offices.
until sussessor be appainfed. OF
sue4 racaacy he ,fRsd !. Prouitea.
That 10 one racaneg shalt be suppl
ed. ia .nanmeT afsresa'd. FOR q Lang
sr tsra than sir moRtis."
Now this NV a,eGrly implies, that
there are vacancies IN these prinei-
pal oHees. when the insambents
ennnat perform the daties OF their