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


commence reposed in the judge. What, then has be-
come OF TINS power, during the absence of the Secre
lsle 10 remain Dormant is 10 be executed
:, uoruah' IN what situation is the whole mercantile
class placed by the absence of the Secretary If 70 be
S~ecuted' oy whom! Every rejecting man know,
that the substitution of the Secretary OF the NAVY Mr.
Jones' IS an arrangement far is il relates his
Suon OF the powers OF the Treasury personally mere,
~ nominal At least that inference is inevitable from
statement made TO Congress by himself One of his
rst acts after taking possession of the Navy Depart-
ment, was, to call for assistance in the execution Of
us duties they being deemed too burthensome for an
INDIVIDUAL these duties it is believed have not de
creased how then so shortly afterwards could he find
hseii not only Competent the due discharge OF all
he duties OF ms own department., but those still more
arduous and important IN their charace of the Tea-
sury' suPeraddeds am informed and believe, that
the real operative part Of the business is performed by
persons unknown to the Constitution or the for such
uuJects, The mere dependent clerks of the Treasury De-
Partnen and the name of Mr. Jones is added TO COM
plete the formal part of IT. This statement is not in
tehoed TO Insnuate aught against GIr. Jones. have
iog enjoyed the pleasure of an with that
gentleman, and adds that pleasure to declare
that ne possesses my full and entire confidence My
sole object IS to lay before you fair and candid state
ment OF the material laws AMI facts affecting this
question, that you may be able mpartaIly 70 estimate
lhe considerations operating tAose gentle men, who
refused TO sanction these proceedings with their app-o-
baton.
This leads me to consider whether the Executiveis
invested with the power under The provisions the con-
sttutIon and laws of the United States to appoint any
person. or persons perform the duties of cretry OF
tls treasury during his voluntary absence from the
United States And it is subject of no small; regret to
me- to believe that the President has unirtetonaIly
mistaken his powers this very delicate and important
respect. have at the same time rsuch confidence
n ms candor aud magTaniny, believe, that up
on more Critical attention 10 the Constitution and
Laws, lie would acknowledge the mistake The sole
ground upon which the President places his authority
IS contained IN the following sectsn Of the act passed
e on OF May l192 TO winch lie refers in his reply
the resolution of the Senare upon The subject
That IN case of the death, atsenre from tke ses Of 20
veTntasH, sickness the Secretary OF State
OF the Treasury ofthe Secretary othe Department
| ~ Hy eT u ssfeT II fhe SAID apartments 5shose apr
PoiatHnt % not The head thereof whereby they caEo
perform the duties of their respective Offices shall
be lawful for the President United States in case he
shall think it ~ q authorize auy D. rss or esss
az ms discretion TO perform the duties OF The
tive Offices until successor be zppoited or fiFi,ofi
sence or inability by sickness Shall cease"
he words from which the President has Inferred The
exercise o ms poser are absence from tie seat cf
government Il s said that the Secretary ofthe Tre-
uy absent from the seat of government, and there's
tore, the President may under tie law appoint
20 perform his duties during such absence Thi. con-
sruclon regards nereiv tHe letter Of this Dartictl;
clause OF the law dc ached IF m every other and oh
vionsy dsresard' the meaning spirit os tie Clause
ise as wen as every other part of the law The oh-
Iect OF the law was, 70 provide u remedy for certain
cases @ necessity, which had been omitted IN the pre-
visions OF the Constitution. The cons ruction of the
law therefore ought not to be extended beyond its own
object he words absence from, the Seat of 90
vernment" evidently mean a necessqyu absence nPe
eZstng any power given to the President by the law
ana evidently create Condition hrecedet 10 the ee4
Use VI any power Whatever under The event
AaPPen oet, re the powei Now what are the
powers exercised by the President under these words
-fHs' the power to create the absence aud then the
power 10 appoint IN consequence cf The absence thus
Cfedeu not In consequence OF any necessary absence
pTt-estng the exercise of power whatever under
e law but on account of an absence created by the
PRESIDENT himself rom exercise of power 10. giy-
en- Oy the law Where are the words in tbt Ia " hir
Could be construed to intend to give the President
power to create absence? There are none The
WORDS IN case ct absence from the OF governmental
leVa rr ,tlv irt.r -
one Cohut'on, upon which The power Is t. aCcrs and
that condtion must precede the exercise OF any Doe
Whatever under the law. But there is an a. err ,bse
ZION 20 the exercise ofthe power question under the
words " absence from the scat Of goVernmsUt' They
90 not describe the case, which has aypsued and u
on the happening OF which, the President has veuu
10 exercise the power. The actual Gaze SEltE has
happened e this. The Secretary Of the Treasury has
.o'uhtatly tsken voyage 10 St. PeterSbcr-. Now
deuy that, this case described by thl words bsqpcs
from the seat of gOverumen," because those voros do
NOT ony not convey an affirmative idea Of voyage T. ST.
petersburg, but do imply lucrative idea against r.
hese words so far from copvc, in, AN idle, Of y,
beyond the limits the United States DO cisDctly 13
pay presence wi'hm the United States No uan WHO
uhe'US !" INFORM another thar third person intends
20 'ahe voyage 20 Europe would eXLect 10 max M
impression upon the mind. by Informing him thst the
rd person intended % be abseAt iron, thc sect ~ re-
UFhWeHf Because so far frou conveying that inpfes
IT ' my "ou'o distinctly imply presence within the
C'i'0u States 4 ne mincr proposition is never used
10 comprehend the major But the most formida 6le c
JeOe 10 the FreSIdents construction Is that IL mill
.''eS u"cCy' as conceive, against the provisions of
He constitution and surely that Interpretation ought
always TO be given to the laws tLat VIII snpport nd
not destroy constitutional provisions. The section ~
the "a article OF tue consntion after authorsin. ,.
president TO take the opinion i'm writing ok the 6rek
Pat officer in each Of the executive depsrtmfnt nnon
any subject relating the duties of the respective off,
Ces' %c' contains this provision" And he 90 vi.
c iefi0cn) sh'll nominate and by and with lie adj
vice ana consent OF the Senate, shall appoint ambassa
doris other public ministers and cousu Judges OF thn