Alexandria advertiser and commercial intelligencer. [volume] (Alexandria [Va.]) 1800-1803, 1802-07-28
mr.. Bayard in continuation. !

that Mr.. u. was not member at the
time of his appointment, becaufe'the hold
ing the feat in either of the branches OF
the Legislature, under no naturalization,
has beesconhdered as forming an incapa-
city to receive an executive appointment.
Under the former administrations, ieveral
in&ances of fuch appointments occur, ard
under the prelent, | need only to refer to
fhe. cafe of Mr.. Pinckney, who was
member of the fenate, at the time OF his
appointment, as IniniGer OF the court OF
Madrid. The Circumstance therefore OF
being or not being member OF the
Legislature at the time of an APPOINT
snent, is wholly immaterial. A member
of the Legislature, has an unexcep'ionable
right to receive an executive appointment,
but the queGion is, whether the acceptance
or exerciie of an Office under the executive,
does not vacate feat in the Legislature.
On this iubjeet have no doubt, that the
acceptance of an office under the executive
does yacate al at In the Legislature. But
the queitioE fill remains, whether the en-
ployments of Menrs. Tracy and Dawion,
are TO be confdered under the contribution
as offices. Upon this point, there cannot
be a doubt, but that the appointment of
Mr.. DAYTON, was as much inthe nature of
an office as thar of Mr.. Tracy. 1t will be
remembered that Mr.. DAYTON invited his
conaituents TO elect him, protfered his
feryices, and engaged TO be at his poR,
when his duty ihould require his attend
ance. He was elected in April, and viz
tually accepted his place, from the time OF
his election and yet continued to ferve
under the executive, and 10 receive pay
for his iervice till October following. But
fir, ] do not conceive that II belonged to
The committee, or that ii belongs 10 this
houfe-to interfere in any degree in
rhe cafe ofMr. Tracy. The employ
-ment of Mr.. Tracy was unqueftionably
unexceptionable. The only quefion is,
whether the employment did not vacate his
feat in the fenate. This queRion, the con-
Hitutional privileges ofthe fenate, confines
to that body, and for US to decide upon il,
is an invaGon of thoie privileges. Ifany
thing wrong has been done, which attaches
blame, it is by the fenate. With a know
ledge of the employment in which Mr..
Tracy had been engaged they allowed
him to retain his feat as member of their
body.
Its Rated, that Mr.. Tracy received pay
for mileage as ienator, while the pay of
his agency continued. The Compensation
for travelling, is governed by a law of its
own nature. Mileage is due where there
is no travelling. An allowance is made
TO members, which is regulated by the
diftance of the place of their uiual refidence
from the feat of government. This they
are entitled TO, independent on their CON-
ing from or returning home. When con-
grefs adjourns, member from Georgia is
entitled TO his mileage, whether he returns
TO his fate, travels TO the North, or re
mains at the feat Of government.
1t has been the practice in the ienate,
when a member Of this houfe, is appoint
ed to that body, TO allow him full mileage,
notwithstanding his receiving mileage,
for the fame travelling from this houfe.
This happened in the cafe of Mr.. Stone of
N. c. and of Mr.. Sheafe Of N. H.
They were both members of this houfe,
during the lait feilion, and held their feats
till the Sd Of March. On the 18th of
March, they took their feat in the fenate,
which had been called TO meet on that
day. They received fullmileage as men,
bers of the REFLECTIVE houfes. Milesges
rs not compensation for iervices, but an
'indemnifcation for a fuppoied expenle
Aperion cannot be member of the two
houies at the fame time, but for the fame
time ne is allowed mileage by each houle.
Al Il