Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1822-05-11

| IN VIC icttGf CT iitSH'ion VI .hS az, "
considered the persons who examined
them as contractors. 1.-THE performance
of such service constituted contract
within the contemplation OF the act, 1t
was the duty of the Secretary oil the lrea-
sury, from the year l8o8,. to have annn-
ally reported every such service 10 Con-
gress as a contract. If ii was not con-
tract, within the contemplation Of the act,
it was a service which might be lawfully
rendered by member of Congress. The
construction given to the act by the Irea-
sury Department, at the commencement
of its operation, that such incidental SER
vices were not contracts, has, it is under
stood, been corroborated by the other
departments Of the government. In all
those departm incidental services
have been, and still are, rendered and
compensated, but have never been, nor
are they now, reported to Congress as
contracts, within The contemplation OF the
act.
1t is respectfully conceived that the
examination of the Land Offices cannot
be considered as constituting a contract
within the letter or intention of the act,
unless the propositic;i that every posi-
bic service rendered to the government
by any person whatever, except by pub
lie officers in the discharge OF their Off
cal duties, for which compensation is
received, can be correctly affirmed 10 be
such contract. That i, was not the in
ten,ion of the act of 1903 to make this
general Affirmation, can, it is believed,
admit of no reasonable doubt. If such,
however, was its intention, all the Off
GERS of the government upon whom II
was intended TO operate, have mistaken
that intention, and failed in the correct
discharge of their duty for it is believed
tina, none of them have, in pursuance OF
the 5th section Of the act, reported such
incidental services as contracts made by
them, during the year preceding the re-
ports annually made TO Congress.
| have no knowledge OF the employ
ment Of any member of Congress since
the year 1903, as counsel i'll behalf OF the
United States, or to perform any other
service, duty, or agency, BY my prcdc-
cessors in office, nor has any member OF
Congress been employed as counsel by
this department, since it has beer under
my direction.
In the year 1873 complaints were re-
Ceived at this Office against the official
conduct Of Nathaniel Ewing, receiver al
Vincennes. The charges we're OF such
nature as to require investigation, and
the Senators of the state ot Indiana were,
by the direction orthe President, request
cd to make tina, investigation. Owing
to some objections on the part of,he Re
ccivcr, the investigation did not then
take place; but, as General Noble, one
of the Senators, resided at a considerable
distance from the Land Office, travelling
expenses were incurred by him, which
were paid.
In 1919, when proposals were invited
at Brownsville Tor constructing the Cum
bertrand road from Unionown to Wash
ington, in PenDsy lvania, the proposals
we're much lower than hose which had
been received upon the other portions oil
the road. Mr.. Shriver, the snpcrin.en-
dent of the road, expressed apprehen-
sions that some of the bidders would not
be able to give such security as would
insure the prompt and faithful execution
OF their engagements, and stated that his
acquaintance in that part of,he state was
not such as to enable him to judge corr
rectly of the sutEiciency Of the security
that might be rendered lie therefore
proposed that two gentlemen, whom he
named, should be requested to aid him
in this particular service. One Of the
gentlemen declined the request, when il
was suggested that the Hon. Benjam IL
Ruggles was acquainted in that part c.
the state, and that there was no doubt
he would attend if requested; his at
tendance was accordingly requested, and
for his services and expenses he receiv-
ed, from the superintendent, the SUM o!
seventy two dollars.
Upon both these occasions, as well as
upon the acceptance of the offer OF the
Hon. Jesse B. Thomas to examine the
land Offices in 1921, the provisions ofthe
act of 1903 we're not adverted to, nor did
the idea occur that there was the slight
est incompa,ibility between such service
and the provisions Of that act.
The practice Of the Department has
been to record all contracts which were
supposed to be within the letter or in
tenion ofthe act, and to lay them annual
" before the Congress but, as such in
cidental services as have been described
in this letter have never been considered
contracts, they have not assumed thai
form, and consequently have rot been
recorded.