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

, opinion, whether court of Justice woul
so interpret the law as to be applicabl
TO the case of tho examination of til
land Office BY Mr.. Thomas, the com
mN.ee arc aware that the words are ey
tremeb brosd, and, if such could be sun
posed to be their true intent and mean
ing, would be capable of embracing eve
ry imaginable cas., in which member O
Congress could be called to perform
any duty, or render any service in behal
OF the United States, and which, by an,
possibility, could be termed 'a contract
bargain, or agreement"
They could especially be extended tc
the appointment to negotiate treaties,
whether the member should afterwards
resign or not; to the appointment OF
printers to publish the laws OF the United
States; and 10 the employment of coun.
sci in causes in which the United States
have an interest--than none of which, il
is apprehended, is the duty of examining
the Land Offices more plainly within the
scope OF the words. But, by the co.
temporary practice which occasioned the
law, and which followed its enactment
among those who were liable to its pro-
visions and always disposed to comply
with its terms; who either aided in max
ing, or lived and were familiar in the
times and circumstances in which it was
made, and were conversant with the
men and their objects, by whom it was
passed; it has received different con-
struction, and has never been considered
as prohibiting any of the employmenls
above enumerated.
From the organization of the govern
ment, down to the passing Of the law in
1903, 1t had been usual to give such ap-
pointments to members Of Congress, and
though in the case OF Mr.. Tracy his de-
mand for mileage was not deemed rea-
sonable, neither the legality or policy Of
the usage had ever been ques,ioned.-
But, in the years 1907 and 1903, John
Smith, a Senator from Ohio, had enter.
cd largely into contracts with the War
Department, for supplying the north
western army; and Matthew Lyon, a
Representative from Kentucky, had nu-
merous contracts with the Postmaster
General, for carrying the mail. These
contracts had produced considerable ex-
element in Congress, where their in
iluence had been manifested; and espe-
cially the former, under the supposilion
shat John Smith had become connected
With The schsnses Of A. Burr, and used
his contract to subserve them. After
iruitlcss attempt to expel him from his
seat in the Senate, the law in question
was passed. From the date of this law,
all contracts of the nature ofthe two last
ceased to be given to members of Con-
grcss; while all other trusts and agen-
ties, as before referred to, continued to
b. given, and the returns from The dit
fercnt departments made accordingly,
wilhou, serious complaint.
The appointment Of Mr.. Worthing-
ton and Mr.. Morrow, both active in their
respective places, in passing the law OF
1903, as commissioners TO negotiate with
the Indians, was made very soon after
the law was passed, and by President
Madison, who was Secretary OF State al
the time Of its enactment, and could no
more be supposed to be ignorant OF It's
general Obj cts, than disinclined to obey
its injurctions in their true spirit and
meaning.
It is believed by the committee thst
the late William Pinkney was employed
as counsel III the behalf OF the United
States, while he was member OF the
House of Representatives from Mary
land, and argued some causes IN the
Supreme Court, and received liberal
compensation for his services. 1t ap-
pears, too, that, in 1918, upon the oc-
casion of certain complaints made al the
Office of the Secretary of the Treasury,
against receiver of public moneys al
.Vincennes, the present chief magistrate
of the United States directed the Sena-
tors from Indiana to investigate the sub
ject, and though the investigation did
not proceed, one of the Senators, who
lived at distance, aud attended Tor the
purpose, was afterwards allowed his
travelling expenses. On another occa-
sion, in the year 1919, the Hon. Ben!a'
min Ruggles was directed to aid the
superintendent of the Cun herland road
in taking proper security ION the per-
sons entering into the contracts, and re-
ceived from the superintendent u dol
lars for his services.
In the Department OF State, their ex-
ist few occasions for giving a construc-
lion to this law " concerning public con-
tracts" though, in this Department,
the employment Of member OF Con-
gress, being the editor newspaper, to
print the laws Of the United Suites, has
not been considered by John Quincy
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