Winchester gazette. [volume] (Winchester, Va.) 18??-1826, 1822-01-05

mander in chief, TO introduce the pub.
lie guard and the militia to fire a feu
de joie npoa the Capitol Square, in
'contravention of an advice Of the Coun-
ell formed in execution Of the act of
Assembly placing the square under
their protection) inhibiting musters
within the public square.
The attention OF the Legislature is,
10 the next place, solemaly invited to
demonstrations: entertainments (now
become inveternte) made by what is
styled the plural upon what is deuomi-
mated the singh branch OF the E1ecu.
tive department. meaning, it is presu-
med, by shese aiPeliations to designate
usurpatious Blythe Council upon the
authority aud j;gkts Of the Governor.
So sar as these vague and general as.
sertions can b brought into q form
that is specific or iritellisible, they are
understood to fppIy 10 an existing dif-
ference af 0pitioa between the Guyer-
nor and his Csuncil ia difference, such
AZ was ne7er known anterior to the in
duction into office of the present ins
sumbent,l with regard to the 2redlca
ments contemplated in the constitution
md statutes of this state; fret in the
creation of Lieutenant Governor. aud
secondly, in the authority vested in the
Council Of STATE to administer the go
vernmcnt IN the absence Of both Go.
vernon and Lieutenant Governor. On
'hese subjects the opinions of his Ex-
cellency lif correctly approximately
seem to have varied from a state Of
come uncertainty 10 the fixed and UNI
aiterabls stability in which he now de.
clares hem. He at first announced
his opinions to be founded on the con.
-iruction understood by him to have
been given TO the constitution by some
of his predecessors, aud avowed that
whether he should ultimately adopt d
different. construction, was then I'm
known even TO himself. The Lieut..
Governor Of the commonw ealth and e.
very power incident 10 l,is station, are
the creatures of The constitution alone.
except as so the additional duties re.
Gently imposed On that officer as a di-
rector of the Literary Fund. BY The
language Of the constitution he is to
act Sin case OF the death, inability or
necessary absence If the Governor
from the Government The interpre.
iation which The Governor may hereto
fore have given to the second prediea-
ment enumerated in the constitution,
we 90 not recollees; hut From the fol-
having expression in his letter, swheu
there is a Governor capable Of acting,
&c.' we would infer bis Interpretation
oil the term inability to mean rather
a want Of proper qualification for Of
flee, or permanent disability, than
temporary "r adventurous coniuncture,
which, though likely 10 be soon remn-
we'd, would for the lime Eeing. render
impossible the administration Of the
laws by the Governor. Upon theory
even, the council have given a different
meaning Tn The language OF The con.ii-
tuition, They have supposed i. an in
strnRent designed for practical eppIi-
cation. They hare looked az. nay
they haue been compelled daily IN behold
the e.r'gencies IT ne public; and haze
concluded the eUitS to be the same, iUhe-
tier the Go.yrnor become unable to dis
charge his duties By uisitatton of
Prortdence, or byrolunfnrity suGjecting
himself to circumstances ,Uhich place
tie performance Of those duties begona
his PoWer.
The constructions placed by the Co.
vernon upon the phrase absent from
the government are too memorable to
have been forgotten; aad il viewed by
the Legislature and the public, as they
have been by the Council, must indeed
create amazement.
At one time i! was insisted by the
Chief Magistrate, that this Language
was designed to cover the case Of the
Governors being in command Of the
army, in which station it was pretend.
ed he ceased TO be in the government:
a notion more extraordinary when the
very provision Of the constitution
which gives TO the Governor sthe di-
rection Of the militia invests him with
that power in virtue solely Of the office
OF Governor.-The next Interpretation
gwen by bis Exceliency to the words
last quoted from the constitution land
this is believed TO accord with his pres
sent opinionl is, that the Government
OF Virginia being eo-e1teusive with her
territory, so long as The Chief Msgis-
trate was within the limits of that ter
ritOry, he could never be absent from
The government. This IS a refinement
upon the terms Of the constitution, an
artificial construction VI that instru-
meut, wholly Incompatible with e1pe
rieDee or political discretion, and