Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1813-11-18

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and with the advice and Consent Of the Sc |
nate, shall anhoiai all the officers of the Co !
vernment, especially the PRINCIPAL officers =;
but use Congress maj 30 iaSs veSf ia hin, @
lone the afhOiafn,eH' 9fsRea Inferior officers
rs they thinS profer. Congress is certainly
restrained from changing by iasa, under ans
circumstances, the constitutional Course Of
appointing tkr frtr cifGi oiscers, which can
ouiy be done, BY and with the advice aud
conSeat Of the Senate, Ard no, by the Pres
dent alone, How does the power exercised
uatler the law by the President alone, CON
porS with these provisions IF the Cunstitu-
ton Are not ali these wise and neces>
ssry limitations a"d restrictions provided
IN vaine The principle % construction
put upon this Law, wcald enable the Pre-
sldent, hrst iocreate the absence, TO use
the words OF the law :" of the Secretary
of State, Secretary OF the Treasury, or OF
the Secretary OF the War department, or of
any other officer sf either of the said depart-
mcnis, whose appointment is not in the head
thereof; and then II appoint all these Offices
alone, and without the advice and consent
OF the Senate-It happens by very singu
lar fatality IN this Interpretation Of the law,
that the President claims the appointment
1Efne, OF those very principal officers, the
appointment OF which by the President alone,
Congress itself has no power even by law 10
vesS IN the President alone, according to the
provisions of the constitution whereas his
power does not extend TO the appointment
GIoSe, or such interior officers, as by law
Congress may consti,utionally vest in him
alone. Surely the law never could intend,
and does not mean such a palpabie contra.
diciion to the provisions of the constitution,
for the law only intended to provide from :,
principle OF necessity, tor unprovided cases,
and not to change the constitutional provisi
ous, for pr divided cases The whole section OF
the law taken together, clearly explains its
own object, Ter 1t cannot escape attention
that according tn us provisions, the cases ot
absence, aud disability described, are 10 be
such, al that the person affected by them,
ednHo! perform the duties of his uffice now
It never en- De fairly contended, that volun-
tary abandonment of the datieS # an office,
can Imply Al inabiiltYl0 discharge the duties
OF such inc. Besides, 1t the Secretarv can
not discharge the duties of the office OF Sc
cretaiy OF the Treasury, it is proof positive
OF the ncompat.biiity of tile Two offices i'm
question; because tue test of Hositiue incoD1-
f'aii5s.Hy Is the hositiUe inability OF the sam
person To discharge the duties Of the two
UnceS at the same time. But tire extent OF
this unfortunate Interpretation of the law
does not stop here. On the 18Th of Febru
airy I795 congress gain resumed this subjcci,
and probably presumiug that the powers
given 10 the President by the former ace
had been rather indifnite, passed another
law with view TO ks Limitation, consisting
III a single section, in the following words -
That n II 1'acaRcy in the office OF
Secretary OF State, Secretary OF the Urea
sur!, OF of the Secretary of the Department
OF War, or OF any oihcer o either OF The
said Departments, whose appointment IS
not III the head thereof, Sghsre6y fhey can
nor berjOSDl the Gatcs Of their ies6sc ,iVe oArr5
it si.rl be lawful for tho Pg,s OF the
United States, an lac snail THINK it neces-
sary, 10 auihorize any person or persons, at is
discretion, perfor,a The Gut.es OF The said re.
sPectiye offices, until Sg,eessor be dbSsin ei
or SEeh Vacaacy be Eiiels P,oVided, 1hn no
one Vae4@c,l stall be supplied, IA manner ajoye
said, JsT a IoTSeT Term na.IH siF pLsHtAs"
Now this law Clearly implCs ;hat thea
are vacancies III these principal Offices.
when the incnmbents cannot perform the
duties Of their respective offices, yet the Pre-
sident IniornS The Senate in h me ssage on
the Sd OF June, 1913, that the office Of sc.
Gretary OF Treasury is not vacated; al
though Mr.. Gailatn was actually az tina,
time commissioned as an envoy ext raordi~
nary, sc. and absent on voyage to 81 Pc
tersburg. Interpretation c. 8lpletely
having provided tie Imitation tJr Uacancies,
and the President having determined that
the Office of Secretary of the Treasury is not
VACATED" OF course MIR. Gallatn's case is
thus excepted out of this general limitation,
which applies only to vacancies, and brings
the CLAIM of power by the President to TINS
point. That he may under the law creare
the absence Of ali the principal officers Just
described, and may aioae, and without the |
advice and consent OF tho Senate, appoint
substitutes for them at his pleasure tor an |
indefinite time. Now, fellow citizens, let me |
entreat your impartial attention to some OF |
the Consequences OF this Assumption of pow !
err under THIS Interpretation Of the laws i'm |
question.-On no suffice has the constitutions |
been more scrupulously attentive, than to Sc
cure TO the people OF the United States, the |
fair and honest disbursement Of their public |
mouies 1t first provides, that no money |
shall be drawn trom The Treasury, but in I
appropriations made W law"
II then in substance provides, that no person
shall be Entrusted with the disbuI cement of |
the pubic MONIES, but one, who shall be
first selected tor that purpose by the PreSi-
dent, and approved OF BY the senate Of the
UnIed States, body c0nposy OF two
members from each State IN the Ud0b.---
These provisions, together with the checks
provided by the laws establishing the iica-
sury Department, &c. have been deemed
suthclemt securities Tor tins great object he
canary great at this inns, when the aypro-
priatiOns amount TO a sum 50 enormous. All
these securities the people have q right 70 |