Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1813-11-18
THCRsDAY, NOVEMBER la. 1ala.

ture altogether My object merely is, shew, that
the necessity, which mpeed this movement, not
very urgent at the time and that patience of
two three weeks would have enabled the President
to consult the Senate upon the measure in the usual
constitutional way, without risking many novel and
hazardous experiments upon fundamental principles,
necessarily accompanied the proceedings, which did
take place. The First Of these Consists in the attempt
to unite in person, incompatible Offices the Sc
cond to substitute another person perform the dstes
OF Secretary Of the Treasury during his voluntary alb
sencc from the United States for AN indefinite time In
my Judgment 1t requires the profound attention.
duy TO appreciate the Importance and tendency Of
these principles, and from the many superficial obser
vations have heard made them, I am satisfied
that they have not received such attention from the
public. This consideration furnishes an inducen
with me to be particularly in my examination
OF both questions. The union of or more incopat>
oic offices in sc person. is only hostile the geni>
us and spirit or the constitution, asd people of the
nited States but do recollect single instance in
which has been sanctioned by the Senate since have
had the honor of seat in that body Questions have of
ten occurred whether two Offices PROPOSED to be uni
ted in one person, were incompatible not but the in
compatibility once admitted rejection would always
be the consequence. AT the time of the nomination
OF General dearborn TO the Office he holds he was
collector of the port OF Boston, and Notwithstanding he
was of the popular idols of hat day. the Senate came
to solemn pause, and the nomination not confirms
ed, until informal understanding took place be
tween the President and the majority of the Senate as
was then informed and believe, that an arrangement
was made, by which his Son TO be made collector
in his stead and that he should in the mean time
receive the Compensasions attached both Offices and
then, and not until then the nomination Approved
Believing that the President did possess the power
to make such an arrangement, which essentially con
sisted In power to suspend the operation of laws and
disappearing of the whole proceedings acconpanyinp
the nomination, well as the nomination itself then
incurred the popular odum attached to voting against
It. Whether the object obtained, was worth the ,haz
yard OF such imp ortant principles the public can bet.
ten determine. The of the nomination OF Mr.
Jay to be envoy extraordinary London is cited and
by republicans too. precedent in fay Or of the late
de1SS to foil
cedents TO ayol. There never was stronger one of
the latter character, than the nomination OF Mr.
nose who press strongest as precedent, dsapprov
ed Il most and will not now admit the conviction of
former in the disapprobation; whereas many OF
those WHO formerly justified it, are now disposed to adj
nlIt the conviction OF an error their former ustEca
ton What then is this bar presenting an acknowledge
ed error, as precedent TO sanction the adoption of an
other error! Surely such precedent ought to be a.
Voided not followed.
know DINO PeIso in the United s. a.es who lis
Of that ceiling more IS then understood
than the President Mr. Gallatn and myself; and
nave lately been called upon SANCTION and perhaps
TO transcend the principle, in the person OF the one, up
on the nomination of the other Of these gentlemen.
ana the refusal 20 sacrifice the CONVICTIONS Of my own
mind tor .her accommodation has subjected me to e
IRENE censure although these convictions not in
pared, but strengthed by further reflection. Besides
when tue Republicans were endeayoring to Dust the
Federaiists from power, and substitute themselves
III their stead did they then tell the people that if
through tber favor, obey should become possessed of
po@e", they would then quote the very federal err
rors, Tor which their authors denounced before
the people by them, to justify their conduct Did
the Republicans then tell the people, that they would
federal precedents Thar they would
sort TO forced constructions OF constitution and the
laws 10 effect tavore objects, through the agency of
taVorte individuals On the contrary, did they tot
most mantu!y pledge themselves to the people, TO adj
Munster the government in the true unsophiScatesp
rt OF the constitution and OF the laws That Mesc
pledges were given, is most trueand resort to
the most manifest and indsputabe OF the FEDERAL
a
precedent surely can have charms for republican or
thodoxy it certainly can have for me, who have
been both an agent, and witness all these scenes
10 me- 1t is circumstance Of heartfelt Consolation 10
kHo9, that IN course OF than twenty years pub
ic service, my conduct has invariably boie evidence
ct the sincerity. of oy professions
That have never any occasion, Welded my poll
tcai principles to the force Of circumstances the
aeirium OF party spirit, to parsialtcs for men
AIS plea OF the force OF circumstances is often vsiona
fy-sSldom real--and never more visionary, than
the present occasion. But the case of Mr. Jay is not
precisely analogous to the present One great
lection to that case was, its tendency to subject ie
Judicial department to undue influence from the E.f
ecutve Ia that respect, II in my judgme OF
than the present But the ihcompatiby was not
SO papable in that, asin the present alteu-
ded with such serious consequences. Thcre we're n
her judges who, in the absence of the CHEZ Justice
might perform ali the necessary judicial functions Be
SIDES, the courts are in ,ssion only small portion of
tho year. and the absence OF tn Chief Justice might
not be longer than the interval between the courts In
that case the duties of the two offices might be perform
ed by The person. mention these circumstances
merely 10 shew, the differences in the two cases not
because approve of the proceedings in either for in
the case OF Mr. Jay do think, the dutcs OF the two
Offices, 50 Incompatible, to render the appointment
extremely Objectionable But the duties Of the Secre-
taiy Of the Treasury and OF envoy extraordinary to
foreign power, palpaby and absolutely Incompatible
nor do believe that any person eau be legally and
consutuonay appointed perform the duties of the
Secretary Of Treasury in his voluntary absence beyond
the limits Of the United States This may be presumed
20 have been the opinion of General Washington when