Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1822-04-02
from the kin Gazette,

| Al'icl MEM VI SENAlOh
The importance OF preserving the re-
personalities of the people, when III
Congress assembled, free from the ope-
ration Of either hope or fear, led the
trainers of our constitution 70 provide in
the second clause of the sixth section o!
fifth article, that s'no senator OF repre-
sentative shall, during the time for which
he was elected, be appointed to any civil
office under the authority OF the United
States, which shall have been created, or
the emouments whereof shall have been
increased, during such time; and no per-
son holding any Office under the United
States shall be member of either house,
during his continuance in Office"
The case presented in the documents
which we publish to-day, from the Trea-
sury Department of the United States, is
certainly not one embraced by the first
part Of this constitutional provision: Mr..
JESSE B. Thomas, though senator, and
employed, as it may be conceded, in a
g civil office under the authority of the
United States," was not employed in an
office which had been" created or the
" emolumcnts" whereof had been " in
creased'' during his legislative tertn.--
OF this, our fundamental charter, we
cannot, therefore, perceive that the Sc
cRETAnY OF THE TREASURY has been
guilty of any violation.
But there are certain unwritten prin-
ciplcs of free government which are, per-
haps, of an importance quite equal to
any that have been stamped upon parch-
ment or paper. The cases to which
these apply should be as scrupulously
guarded in practice as any that can pos
sib!y occur. In our estimation, appoint
ments such as that of Mr.. Thomas, with
power to pay, not fixed sum, nor veil
accounted expenses, but discretionary
reward for services, would be infinitely
more dangerous in the hands OF the exc
cutiye than the appointments against
which the constitution directs its lam
guagc. They might, easily aud obvious
ly, be made the means OF purchasing the
aid or acquiescence of the members OF
congress in almost any system the ca5i-
net or any Of its members should think
proper to pursue.
In what light, however, are we 10 view
the act of Mr.. Thomas, in resuming MS
seat in the senate, after having vacated i.
by "holding an office amber Ire United
States 90 That the executive has a right
to appoint members of congress to- Of
fees, other than such as arc expressly
excepted in the paragraph already COM
mented upon, no one can, at his day, en-
terrain doubt. 1t is every days Prac-
lice to select our foreign ministers from
one or the other branch OF the national
Legislature: and, lately. the appointment
Of General Van Rensselaer, as PQstmas-
ter al Albany, was not thought 10 involve
breach of constitutional law. The ac-
ecptance of such an appointment, how
ever, is an acquiescenc in all its legiti-
mate consequences, and the Individual
makes a virtual resignation OF his MEM
bership in either house, the instant he
acts as the holder of an ofiice. Unless
Mr.. Thomas denies thai he has held an
office, he did not conform to the consti-
tuition of his country, when he resumed
his station in its legislature at the begin
Wh., 10 ~ ne;cs we MAJ, +e,bn;.
..,,,,, foro ,hs hr,,d has;s ot .on,no,
sa a. and ,he va as;r;, 81 tho cors,;tn,;on
~ sn'., ana ~" .uo.,ld ~ ;,l,s y ~
nv Iass,'J "a. "a III .n..os.. danor,;
tp5a -. e. ns r ~ ;,s d,r,t;o,, ?.
W. hal;c cDs's 80. r, rssnec, ~ - to,, ?
os.,.;a,', 49,. T., nasnsr. - ~ ,h;..t.
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