Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1821-07-17

profit, or honor, and therefore the incom-
patibility declared by our constitution
extends to all and every Office of the ge-
neral government.
l he only question then is, whether the
Office OF postmaster is an oftice created
| by and "hela under the government of
The United States" How else does it
exist Under what other government is
1t held 1t cannot be denied that it de-
rives Its existence from law ofcongress !:
and the appointments to fill the Office are
made IN strict conformity 10 lawful de-
iegated power Of the general govern
ment.
Sir, yours is considered an office by
the express words of our own cons,itu-
tion--it is termed d" an Office" by the law
of Congress itseIf.--You are dsnomi-
mated an ofiicer-Your appointment has
been made by lawful authority, under
which you now retain it.--What more
can be requested to show that you hold
an office under the SoverAaient ofhe
United States" which is incompatible
with the Office of County Commissioner
But lest, this view of the subject
should not be sufficient to satisfy you,
beg leave TO refer you 10 the concurring
opinions of the executive and legisa-
tive departments of the general govern
ment. Neither of those departments
have ever doubted, and both have affirm
ed that the Office of postmaster is L" AZ,
office held under the government ofthe
United States"
BY the 9th section of the LIST article
OF the constitution of the United States,
1t is declared that, " NO heracn holding
an office nnder Tie United States, shall
be a member Of either house during his
continuance in Office" To prove that
the exposition given by the executive
department of the general government
to this section is, as | have stated, need
only refer you 10 a report made by the
Secretary of State to the President, on
the oath December, 1917, and the mes
sage OF the President to the House Of
Representatives, on the 29th December,
in the same year.
also refer you to the recorded facts
that at different intervals, since the year
1900, the Hon. Mr.. Turner, BEN amin
Talmadge, Erastus Root, Matthew Ly-
on, Thomas Gholson, Samuel M'Kee,
S. Dana, E. Wickes, II. Tracy, and
Elias Earle held the appointments of
postmasters at the times of their re-
spectiye elections to Congress, and
had to resign those appointments pre-
vious to taking their seats in the House
OF Representatives.
particularly invite your attention to
the decisions of the House Of Repre-
sentatives of the 18th Congress, in the
cases of the Hon. Elias Earle, and Sa-
mucl Herrick. In the latter you will
find it expressly asserted, ASIAN indisputa-
bic construction of the above recited
section of the federal constitution that,
"no dependant on the executive, can
take seat in this house. If any mem
Der becomes such his seat is vacated, his
power returns to the people,"
How are all the cases referred to, to
be accounted for if indeed, the office
OF postmaster is not an office IN
der the government Of tie United
States 2"
II it be true that you cannot even
"hold" the Office of County Commits
sioncr, it follows that you have no right
to exercise it. The other Commission
ers have no more power to admit you
to act with them, than to admit man
who had never been elected And if
your election had been legal, it would be
the duty OF the Clerk of the Court, upon
being notified ofyour holding an incom-
patble office, Immediately, to issue a
writ for a new election to supply your
place, as will appear by the laws of the
last session ofour legislature.
But sir, do you not know that your
election was not legal? Have you not
yourself suggested or expressed such an
opinion repeatedly? Did you not post
ponc, and refuse to take up and act upon
business depending before the court,
upon the ground that you deemed
it necessary that your election should
first be legaized by the legislature? Did
you not personally attend the legisia-
ture, anxiously exer,ing yourself, to pro-
cure law for that purpose? Did any
such law pass And how have all your
scruples and doubts SO perfectly vanish
ed that you are determined to rush heed
lessly into a measure of the greatest i'm
portance-called for by no necessity
forbidden by the pressure ofthe times
and opposed Gas is believed) by every
man in the county except few in your
own immediate vicinity who have par
ticular interest in it.-A measure in
which Gas probably will be shown here
aitcr) more was intended than meets the