Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-07-19

mittee, and it appears that he was paid up
TO the month of 0etober. And turely
the contribution has made no diitinttion
between the members of the houie and Of
the fenate. Fit was rightsand conaitu-
tional 10 employ Mr.. Dawfonon one agen-
ey, it was equally 70, to employ MIR. Ira
cy on another.
Its likeyiie objected to the account Of
! Mr.. Tracy, that his agency continued up
TO the commencement of the laf FELTON, of
congrels, and he was paid accordingly,
ard that in bis account as fenator, hehas
likewiie been allowed, what is ufnaily
called travel from Litchfeld to Walhing.
ton, by which means he received lit is
faid1 wages as an agent, and travel as q
fenator atthe fame time. But the COM
mittee forgot to include.theacafes Of the
new fenators, who went from this houfe
into the ienate laf FIRING. MIR. Stone of
North Carolina, Mr. sheafe Of New
HamPlhire, and Ipreiume Mr. z Mullen
burg, alto retained their feats inshis hoafe,
until the third of March, and they received
their pay up TO that time, ard their ira
vel at. the commencement and at the ciole
of:he feflon ; they went the next day in.
TO the fenate, and the two former and pro-
badly the latter, received during that
fhort ienatorial ieGion, their travel TO, and
from the feat Of Government. If it was
right to allow thoie gentlemen, what the
committee would | pef!me, call double
pay, itcannot be objeaed.so, in the.caie of
Mr.. Tracy, who was employed as an agent
up to the commencement Of the leilion, en-
titlad. corrective his pay as fuch, and like
wife. sntisled to his mileage as a fenator
upon the fettlement of that account.
have not however been able TO difeo-
yer, that either of theie cafes are repug-
nant to law. TIE confituiion declares
that no perfon holding any ofiee under
the United States, fhaH be member of
either houie, during his continuance in
Office. An Office can only be,created by
the conftilution or by law, and there is
neither law or proyiion in the, confi-
tuition, creating an office, in which either
Mr.. Tracy, or Mr.. DAYTON was employ
ed. The employment in which they were
engaged, was mere agency, and could
not with mole propfiety be called an Office,
than the employment Of purchaGng bills
for government, apon commiAions, or the
building light houfe upon contract. |
cannot then fee any confi;utional Difficult
ty, in either of thefe cafes. lfhowerer, any
fuch OBJECTION did exiffl,~.I ihould rather
Guppofe, thar the right of deciding .whe-
ther the feat ola ienator had become va
Gated, belonged exclufvely TO the lenate,
and that the buiinsls Of inyeitigating the
right of the members of this IIou(e to their
feats, belonged to the committee of cleo
lions.
The OBJECTION to what iscalled double
pay, appears to arife from an inattention
to the language of the law on this fubjea.
The law fixing the compensation of men,
bers of the Legislature, does not fay word
about travel the words arc" each ie-
nator ihal be entitled to receive fix dollars
for every day he lhall attend the fenate,
and lhall alto beallowed, at the commence
nent and end of every fuch fallion or meet
ing, fix dollars for every twenty miles,
OF the efimated difance, by the mott ufu-
al road, from his place ofreidence TO the
feat Of Congress The fame exprefions
are ufed in refpea to the members Of the
houfe, changing only the names. When
a member then, takes his feat in the lenate,
he is entitled to his fix dollars, for every
twenty miles Of the eHimated diGance,
from his place Of refience, let him come
from what employment he may. Il would
therefore, have been mere afeefation in
either of the ienators, to have refufed this
allowance becaufe in one cafe, they had
been engaged in the houfe of repreienta-
tiyes, and inihe other the gentleman had
been employed in tranfaeting blfnefs as