Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1822-05-04

ments whereof shall nave been inc, 'easet
! during that time and, also prevents IN
person holding an Office under the go
vernment from being member of Con
gress during his continuance in office.
The object was to take from Congress.
the means or inducements of creating
place or emolument for themselves, ane
thereby guard the rights and interest.
of the people from the encroachment o.
Executive power. The committee are
the advocates of this policy, and would
be the last to weaken its influence in
the government. BIT the case of Mr.
Thomas is clearly not within the words
or the spiri! of the first, and if it could be
considered as embraced in the latter
clause, his appointment would neverthe.
less, be constitutional, since only hold
ing incompatible Offices at the same time
is prohibited, with which idea the daily
practice OF the government, from its
reorganization, is N s.rietseonformity. In
Fact, the Congress ofthc U. States has
hitherto been the theatre on which the
ablest men of our country have become
distinguished for their virtue and intelli-
| gence, & recommended themselves to the
highest honors and places in the govern.
mcnt. The same theatre has maturcd
their experience, ard conducted Cur
greatest statesmen to the Executive and
judicial Departments at home. and to
foreign courts abroad, with equal adj
ho a
terests of the nation.
II, therefore, there could be such an
ncompatibiliy as is imagined, i, would
then resolve itself into the question,
whether Mr.. Thomas, by accepting the
appointment, had vacated his seat in the
Senate. and with that body your commit
tee would in that case, be disposed to
iaage,it.
but your committee are of opinion,
that the duty of examining the land Of
fees is not such an Office as was contem-
plated by the constitution of the United
States, which opinion seems TO have re-
ceivcd the sanction, and regulated the
pratice, OF the government since the
adoption of the constitution, by those
who bore a principal share in compos-
ing it; and must, therefore, be sup
posed TO have understood its real i'm
port.
The committee refer 10 tie appoint
ment of Mr.. Tracy,a Senator of the
United States, by President Adams, in
the yssy 1900, to inspect the posts on
The northern aua h0@.hwestcra frrcc..,..ser.
For Ills service, Mr.. Tracy received
literal compensation, and extra mileage,
which is stated on the records OF the
Senate of that day. Under the admi-
n;stration Of Mr.. Jefferson, Mr.. Daw son,
a member Of the House of Representa-
lives, from Virginia, was appointed as
the bearer of treaty to France, and was
paid for performing the duty, and dur
ing lhe administration of the same Pre-.
siden,, Mr.. Smith, Senator from Ten
nessce, was appointed commissioner
to treat with the Indians, ana actually
executed two treaties, under this ap-
pointnent. They also refer 10 the in
|. ance, ct Ssh more recent period,
during The administration OF President
Madison, Of the appointment OF Mr..
Wort:inglo,, Senator, and Mr.. Nor
row, Representative, from Ohio, to
negotiate with the Indians. In each OF
these cases, the individuals referred to
executed the trusts contided 10 them,
su!l retained their seats in Congress /;
and in the Senate, passed UPON their own
acts. The committee content them
selves with these instances, without
enumera,inS others, as aifJrding clear
exposition OF this clause in the constltu-
ten.
The act Of Congress, which it is sup.
posed has been violated by permitting
Mr.. Thomas TO examine the land Offices,
was passed the 2lst of April, 8oS, and is
| entitled, i" An act concerning contracts. "
The first section provides that from
and after the passage Of this act, no
member Of Congress shall, directly or
indirectly, himself, or by any other per-
son whatsoever in trust for him, or Tor
his use or benefit, or on his account I'M
dertake, execute, hold, Or enjoy, in the
whole or in part, any contract or agree
men, hereafter to be made or entered in
to with any officer of the United States,
in their behalf, or with any person au-
thorised to make contracts ON the part
ofthe United States and further, i'm
poses penalty on any member OF Con-
gress so offending.
The act further provides, that il
any officer of the United States, on be-
half of the United States, shall, direct.
~ or indirectly, make or enter into any
contract, bargain, or agreement, in wri
ting or otherwise, other than those
therein excepted, on conviction thereo