Had
the efforts of those recently in rebellion against the Government been
successful in driving a late President of the United States from
Washington, it is manifest that he must have discharged his functions,
both civil and military, elsewhere than in the place named by law as the
seat of Government.
No act of Congress can limit, suspend, or confine this constitutional
duty. I am not aware of the existence of any act of Congress which
assumes thus to limit or restrict the exercise of the functions of the
Executive. Were there such acts, I should nevertheless recognize the
superior authority of the Constitution, and should exercise the powers
required thereby of the President.
The act to which reference is made in the resolution of the House
relates to the establishing of the seat of Government and the providing
of suitable buildings and removal thereto of the offices attached to the
Government, etc. It was not understood at its date and by General
Washington to confine the President in the discharge of his duties and
powers to actual presence at the seat of Government. On the 30th of
March, 1791, shortly after the passage of the act referred to, General
Washington issued an Executive proclamation having reference to the
subject of this very act from Georgetown, a place remote from
Philadelphia, which then was the seat of Government, where the act
referred to directed that "all offices attached to the seat of
Government" should for the time remain.
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