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

cfiticai test OF presence or absence pro.
posed by his Excellepcy. Here, as in
the former instance, the Council adopt.
ed rule of construction consistent
with necessity, with the common. ac-
cepta,ion of the language of the con-
stitution. They have reflected that
there il a certain machinery nscessari.
ly incident to oil regulated govern
menl: there must be a seat Of Iegislu-
ton: there must be public, archives:
there must be established authentica
tions and iudicia of authority and pub.
lie faith: hence there mast be a seat
of government, and public officers and
public servants TO- whom certain and
speedy aad regular resort may be had.
In this view, the government ia cor
rectly said 60 be restricted and local.
No public officer can, for his convent
encs or w,im, transfer it wfilhersoever
he lists, and whenever he places him
self Tor IA time out of sight or in stu.
alton IN which resort TO him is debar-
red, he may, TO every useful end. be de-
elared absent from The gevernment.-
Can any man doubt that it was the in.
tention 1T the trainers of the constitu-
lion, looking TO private as we'll as pub.
lIc exiSencies, to provide by The erea-.
tion Of d Lieutenant Governor for a
state Of things like that just described
Luck for q moment ut The inevitable
results IN practice Of different con-
struction ofthe constitution. Instance
the cases OF Invasion or insurreciion;
the frequent necessity for immediate
interposition by pardon or rcprieve for
the preservation of human life. A.
gain, by some Of the laws, the tenure
of office is made to depend upon the
qualification OF the appointed within
given period of time; the person select.
ed may not for a lapse of many DAYS
be apprized of mis- appointment; or he
may by series Of accidents be DELAY.
ed in his application for a commission:
he hastens as soon as circumstances
will allow TO the seat of government:
the Governor perhaps has: au. estate
remote from the Capitol which he may
have gone to visit, or he may deem il
advisable 10 take Journey: the time
for qualification of the officer rolls
round. The Governor is not to be re-
garded as absent though he sanno, be
found, or at any rate not until it IL too
late to despatch the business required
to he done, and forfeiture of Office and
irregularity and delay in the public
business are the certain Consequences,
What is the equivalent offered 70 the
Commonwealth for all this ineooinveni.
eDeeP. Why, that according to a theo.
~ novel among us, the full influence Of
the single branch VI the Executive may
be preserved. 1t 10 not Of the genius
of our government that the singular
should prevail against the plural, nor
has it been heretofore regarded az the
most infaLlible test ofrenl republican.
'sm, to stismatize as faciious any. as
seFtion ofpolitical opinion nwe YER free
The situation in which The authority
OF Tie Lieutenant Governor is TO be ex-
ercised, is tot by the constitution, or
by any statute, made dependent upon
the notification by the Governor OF his
absence, aud whatever the jealousy OF
party may apprehend or suggest up
on this subject, we presume that the
trainers of the constitution meant not
to impute uSurpaiion; fraud CT unfair.
ness, 10 either Of the functionaries Gre
ated by them, but supposed tina: the
occasions for the exercise Of authority
by them respectively; must and would
be determined by that discretion which
is necessarily supposed 10 every civil
add political establishment, and by
considerations inseparable from the
public veal. j; is true that the act Of
Assembly Of 1855, in providing fos
the administration Of the government
in ibe absence both Of the Governor
and Lieutenant Governor does speak
of a notification by those officers of
their intended absence. and farther Of
the entrance Of such absence upon the
journal Of The council bot isst coz
stFuction of this law establishes nothing
more than a requisition upon those two
officers TO furnish the evidence Of a
state OF things, which shall authorize
the CAMEL without either of them, TO
guard the interests of the common
wealth. 1t caunUt even be pretended,
that the Govern or Lieutenant Gov
erDor has either of them power to in
sert this notification upon the Council
journal for by the 4fth section of the
constitution, that journal is to DO made
up of the acts Of the Council Exclusive.
~. IL then the Governor and Lieuten.
ant Governor shalf pertinaeiously with
hold the admission of their absence
though such absence be notorious, will
it be said that such a refusal shall suss
pend the operations Of the Council p