Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-04-09

and extra age which is stated on the records of
the Senate o.inat day. Under the administration Of
NJ, Jefferson, Mr. Dawson, member of the House
81 Representatives, from Virginia was appointed as
the bearer OF o treaty to Fr,Acc, and was paid for
performing the duty and dun ing the
:. the SAME Fresdent, MIR. Smith, Senator from
tennessee, WIS appointed n commissioner TO treat
with the INDIANS, and actually executed two treaties
under tins appointment. They also refer To The in
stance, a! a stili more recent period, during the adj
niinistration OF President Madson OF the appon,-
mcht oil MIR. Worthngtou, Il Senator, and Mr. Alo,-
row, Representative, from Ohio, 10 negotiate with
tue Indians In each OF these cases, the individuals
rcierrSa to-, executed the trusts confided to them,
and still retained their seats in Cong,es and in the
Senate, passed upon their own acts The commit
tee content themselves with these Instances, without
enumerat'ng others, rs aaordins clear exposition
OF ms clause IN The constitution.
The act OF Congress, which II is supposeJ has
been violated by permitting Air. Thomas TO examine
!ne land otnces, Was passed the 2ls April 1903, and
Is entitled - An act concerning contact
HE first section provides that from and after the
pass"ge oil tins act, no member of Congress shall
oire Guy or indirectly, himself, BY any other person
whaiSoeverin trust for him, for his use or beueit,
or on his account, undertake, execute hold or en-.
Joy, IN the whole or in part, any contract or nyree
ment hereafter to he made entered into with any
officer oi The United States, in their behalf or viii,
~! peTSom aasherized 10 make contracts the part
oil the United States, and further imposes penally
on ahy member oil Congress so offending
the act further provides " that if any officer of the
on.eu states on hehalf of the U. States, shall, d.
4
nargan, or agreement, m writing or otherwise other
man nose therein excepted, on conviction the, eo(
snail he guilty Of high mstlemeanor. and fined Ia
| me sum oi three thousand dollars -
Ihe 9th section p,0vides that after The pnssiny
OF this act II shall be the duty of the Sccre,ry of the
treasury, Secretary Of War, Secretary Of The Nn,I
ana postmaster General, annually TO lay before Con-
s'essa statement OF all the contracts which nave
| neen nude IN their respective Departments during
| me ear preceding such report" &c.
| Ni'hout meaning topfonounce any opinion whe.
'ner court oil Justice would so interpret the law as
TO be applicable TO the case of the exao,inaon If
| the Land 0ihce by Mr.. Thomas the committee are
aware that the words are extremely broad and II
sun coniu DE supposed 10 be their true Inent and
nie',ns' would be capable of embracing every ina.
Shabie case, IN which member of CONGRESS- could
ne Called 10 pertorm;any duty, or render any service.
| W Dehn!i oil The United States, and which by any
Possibiliiy could he termed contract baruain mr.
| agreement ' ""' S"''' VI
lhey could especially I've extended to the appoin,.
Lt, W negotiate treaties, whether the member
W ua'crWaios resign or not 10 the appointment
Io' PRIMERS 10 publish the laws OF the United States
;iu 70 tIe employment Of counsel IN causes in which
va; e v Suites nave an interest, than none of which,
nis 'Pp'ehendrd, IS The duty of examining the Land
O'hcT' more plainly within the scope OF The words
Du' %. NE contemporary practice which occasioued
lhc law, and which followed its enac,m, Mt un,ono
',.ose VINO We're liable to its provisions and ALWAYS
'psee" W comply with MS terms who either aided
| !" ,".A!hS' or lived and were familiar i'm the times
'''u circumstances in which il was made and were
coiVefSahi win the men, and their objects nv WHOM,
"'s passed II has received a different conslruc
''oii' anu mas never been considered as nrob;h;,g
| any 81 the e'nploymenis above ennmer.,,ed o
roai uH OF sanizition OF the 20 vernu,ent dov,
y, ~ Pss"s oi me la" IN 1908, IL had heen usual
~ ste sucn appointments 10 members os Congress-
tH 'hooSh IN Tie c;tse of MIR. Tracy bis ,Ienu,J
Tor nieage was not deemed reasonable neither The
iegai,y or policy Of the usage had ever been ones
Sen n", ~ The years 1907 and 1909, John smith,
oeH"'c' from Ohio, had entered largely into cor.
tracts with the War Derartment. for s,,nrv;n. he
"o' .hwestefn army and Matthew LYON. n Repre.
sentative from Kentucky, had numerous cont,,,cts
rhnsa w. osuhaster General, for carrying the mali
80 'o"'r'c's had produced considerable excite
mehi IN Congress, where their influence had boon
nnnnestcd and especially the lorner, Under the
n. ION tha John Smith had become connected
WIN me schcnes Of \. Burr and used his cou,,,o,
TO- snbserve Them. After fruiiess ot,emn, 1o r,ei
ui ON ms seat in the Srnrte tue law in question
~ t. rom the date Ut dis law, all contracts
III ,au,e 20 c' ihe two last ceased be given TO
me"pers OF Congress while all other trusts and A.
sences, as before referred 10 continued 70 he o;ven
hd 'ic returns From The different departments nade
"'TEa 'pst, Without serious complaint.
ibe appointment of Mir Worthireton ,rd Mr.
passing the law OF 1893 AS commissioners ~, ~
WI" '''e i"i'ans, was made very soon after Inc
m's Passed, and by President M;,dison VINO was
secretary oi Stale AZ the time Of its enactment and
o"'I no more lie supposed 10 he ignorant of its -.
e,n. o'Jecis, than disciplined to obey niunctons.
'h met huc sp at anu meaning.
IL Is believed 10y the comnntee ,ba, tho I,,o W.,
nam iInSRey was employed us counsel in b.b,If 81
me United States, while he was a member of ,i.
i"uSe oi Representatives from Mary land and areu-
Io..J CAUSES I'D HE supreme cour, and received
hoera' compensation for his services n anpe.rs
100, 'h;ii, IN 1918, upon the occasion or cer,,ir
!a'ht' made al the Office of the Secretary az The
iri!e"Sufy against receiver of public moneys ar
incehhes, Tie present chief magistrate of tbe ITp;
e" 0'atcS directed the Senators from Indiana 10 in
,esuSate The subject, and though the invcstign,ion
1!u not proceed, one OF The Senator'S who lived M
s'"nce anu attended for the purposes was after
u ( fFuua
occasion, IN the year 1919, the Hon BENJAMIN R,~
S.es was directed to aid the superintendent, of the
N"mneiand road in taking proper security from The
n' ..'e''hs mo The contracts, and received
"v" ,hefuperlnlendenS 72 for his services
IA ihe Department OF State there exist few occa
io"s lor giving construction TO this law concern
,hs pubic cont ACTS ); though, in this Department
me employment of member Of Compress bc;ng ill.,,
edor OF newspaper, TO print the laws If tbn III;
'eG o'ates, has not been considered by John Quocy
ADAMS Esq or by his predecessors, an proI,b,te1
;;s 1mr .oa o. congress, or as coming AL within
James Wilson, Esq Senator from the sia,e or
I'VE" Jersey and the editor of the Trenton T,uo
Amercan was employed to print the laws during The
The year 1901 10y '"" "'l
IN the Navy Department, the committee have heard
Oh no particular cases, Of any particular practice
0hsr hn that arising from the annual returns under
''e Hu seciIuD, which are exclusively confued ia
Contracts for UOrk md sHpDLtes ~
ne eonin.iiec believe il to have been usual in the
war department, also, TO employ members of Con- |
gress as counsel beslf Of tie United States. and
iney refer paTtcular'y Q the instances of Mr. Bald
win, OF The House OF Eeprese natives and Of NJr
hodney OF Delaware, of the Senate, employed and
Secretary Of War Wv P''So"'
ne SonmIitee refer, also, to the case of mem. |
her OF tie House of Repre- in the presen
Gougress, who is employed, unde, the authority OIL
tne war Department, superintendent of a for. |
hcaIoh oI The United States, for which he receives
AN anuual compensation
Upon these instances The committee forbear nnv
G"hmenl proceeding 10 remark, howeeer thai IN |
ihis practical construction, there las been an ami.
'orpuy, winch could scarcely have resulted from