Virginia Argus. [volume] (Richmond, Va.) 1796-1816, 1813-12-02
IA dollars per annum

| cASD
CoStruing their absence admit substitution vhen
s lt10Hc interests call them abroad As to Mr. Ges's
en' Ihat the phrase, +" absence from the seat, of
S9perHme does not include absence from the United
Poates, because minor prop son does nor embrace a
aJor, IL Is sufficiently answered by the
uat the seat OF govsrnment is merely referred to i'm
Id" as the place OF political residence of the Secre-
tarles; and they absent from that all otbr
ces, tar or near Indifferent in the eve of the act Of
congress. may also observe that the President is
mace e Judge OF what kind OF absence renders he ap-
polntmebt OF substitute exnedent for the word f The
SECTION are, " it case he shall think IL ,ecessar aod
arms discreffon Thar he created the absence which
rehuefed the exercise Of this discretion nIisrers-te
IS no solid objection there being NO law o., mr., ,;, 80
mead OF Department from Becoming an envoy MOI, anu
provision restraining the Executive from noninano-
secretary TO that post. What is said concef m ms,
Jay, does not apply; and If il did the seutn,t
IL IS nothing but opnion. Long as the repubcanshaya
oeeh IN power, they have never enacted any hinr 10
prevent The case Of Mr. Jay from operating as ,rece
ueo' ms appointment, nevertheless, was as Mr. les
aVo"s, more nadmissble chan MI. & atins and mere
over IL vas NOT analogous. In MIR Jays case the Ez
ecuiiU4 selected his ffom the adiciar, ,,benr
Tue repuh can party insisted an iuconpatibity on
account OF the intermixing of tie members f TWO s
G .n anu independent branches of the government Mr.
on the Contrary was member OF Jhc Esxecu~
e @u!nniStrauon; AID conse quentlv, there is noii&
compatibility o. that score nor does Mr. Gill; ,r.s
MAI mere Is his distinction iuIy vindicates Mr.
SiSlllson 5 G nsstehcy as ne may cordially s
esapProNed OF Mr. Jay nonination have ery cheer
uiiy nominated Mr.. Gaatn, and srill be q strict ade
ent to the republican principle ayoYc! IN 1884
iut there another acr the subject absence from
tue seat oil government, which MIR. Giies quotes and
VIII quote likewise u was passed on tie 18Th az TH
ruary, 1855 and is il these words:
hat "a case Of Daoancy in the office If Secretary
OF 9tate' &c whereby they cannot eriorm The clueies
OF their respective Offices it sh be la \ fu ion, the re-
sident OF the Cned States, in he shall h il Me-
cessaiy to authorize any person or persosa his dis
CreIoh 10 perform tie duties % the said respective ~
ces, until successor appoin ed or s,c, ac,,c, he
hlled: Provided, That vacancy shall be SIMMER
III manner aforesaid, Tor lohgerterm than six mon
laxr -,rf
ion enacted IN the year 1922 The ute ct It ties
that It IS 20 amend" tue act CONTAINING tt Grim =
Now, one law may ameza arciher law by aodigt 10 its
provisions and tins is the Case with the act RI ~,
lac law of l792 and that of 1905 are. s.p,,-,e
ana the president nay select which he r,ca.s IN ,,roo
coed upon They do nor interfere with each otier tb
" case u UQcahcy" IN The latter, nor having any ~
presSion referring to absence from the scat o coyer
ment as expressed in the former Both the acts ar.
10 be ieai dsd existing according To tin. rIe l,j
down by SirWtLLIaM BLXcKsroNE I,a.e On ,.cl,,-,s1
/. where he says, by former law an offence , M
dlctahie AT the Quarter sessions and latter 70 n, s
inc same oience indctsbe at the asszes here mr. in
4octio o. e sessions Is notfak azvay; 6ut IN harc
concurrent jurisdiction, and ne Gtpde- paL be hro
secured at either; unless ile new statute soboint e
press negative WORDS as, that the offence shall be IN
dlcabie ut the assizes and nor eksezphee 'Tbs a..
OF 1875 has no negative words, constrainin an. nrs;
Dent to appoint under it, and under he section ef
at OIL I'92; ms power 60 appoint under the FIRST, is
not TAKEN away by the last and he may acc riding 10
e IeSaf ule appoint IN virtue 1t either of the two fcs
that he may think most applicable tu,the case
In truth he law OF 1922, and that OF 1895 are mates
rally different IN their object The .Qeaks ~" ar
sence from The seat Of government or SIX knees - A
other speaks OF an absolute "vacancy" In The - III,
stance the appointment of substitute tor a Sec tT,
may endure until such absence inability b, sicsfts
snail cease IN the other only for six months =
" until a successor be appointed, or such yacsnry be
hlled 1t the reader viii note, with the lea nrtci
on the different phraseology of he two provisions he
VIII at once confess that thty have been made e.
different purposes for, how do the words a c
sor be appointed" or vacancy be- filed" ccrreenoTa
van me words until such absence or in bty bv ck
ness shall cease, which later do not allov, r.
yer
My opinion is that the section of the act Of 700
was Intended oy we legislature, to enable the execut
toindulge valuable officer OF his department in 49,
sonable convenicnceS, or to employ him at = die, = 60
from the seat OIL government at home Cr abroad Inn.
foTGriiy, at the presidents discretion II;
tue public welfare aud hat the &C # 1905 vas a9
the other hand, intended to pot it IN his power To iL
the id'eness ct such heads ct departments or others
mi6ht be disposed TO ioRer away their time al a dis
taIce from their Official duties inasnuch as fhe
authorize substitute oicatt for sucb ;,,is,s -
the act OF l795, It would save the executive ~
unpleasant alternative OF peemptorly Diminishing then
IL would signify, that the president pa,t 10 the II ,t
me character OF vocation Of their Offices 10 hicJc
might nominate them Ngain or not as he u,;vft 80 -
Des' Tor the public interest, it beng indspens SIC ~,
the act OF 1875, that successoy'S he -, - ~
the " vacancy" mentioned. Mere oboegce ! .,,i. ~
not Uacancy and therefore UacaEcy cannot a,,I, y,
mere absence. The issuing Commission To A. y Ia
W. olu no. ny any prevailing law, Uacafe ms flee Of
Secretary OF ,he Treasury The presdent wbo'is az,
best judge Of his own intentions til not mean thar bc
one should 'acae the other. Hence ebt he informed
.ne senate tnat the oihce Of Secretary ofhe Treasury
mable to truth and law.
Having as l think, folly proved that the executive
nad ample power TO appoint substitute tor the S,ce
tary Of the Treasury during MIR Csaa,iu'. absence NJ
CHESS proposition concerning the ncompatbiv of fbe
duties Of Mr. GaatiG'st two Offices fails To- the pr ma
And here vii take occasion to remark thai the re-
solution O the Senate. which asserfe e,rh ;..e