Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1822-03-26


Senate is vacated; and the whole affair re-
solves itselfinto one of those ordinary cases ofa
member of Congress selected for an Office UNI
der the United States. There would, how
ever, be one peculiarly, then, in the case
namely, that the office for which the senatorial
dignity was to be relnquished, was one of no
permanently, nor influence or power, and iio
profit or emolument 49, n,a4 e -
But, 1t is evident that, neither by the Secre-
tary OF the Treasury, who has held q high rank
III the Senate, and as a constitutional lawyer,
nor by Mr. Thomas, who was president of the
convention which formed the constitution of
has own state, and who has been also a Judge,
was the employment in question consideredas
drawing alter It any such consequence. From
the silence OF the Senate-ot that body SO
wisely jealous OF its rights and dignity it is to
be presumed that they have not SO viewed it.
And, indeed, to say the truth, | have conyersed
WIN NOBODY who does seriously consider it in
that light. In fact, there are precedents for it
under, believe, every administration Of the
that of General Washington. But, in what
have been considered as the best and purest
days OF republican prnciples-I mean during
the hrst year OF MIR. Jefferson's administra-
uon--therc is a well known example in the
employment OF Mr.. Dawson, distinguishes ed
republican member of the House Of Repre-
sentatives, the personal and political friend OF
Mr.. Jefferson and of Mr.. Madison, then Secre-
tary OF State, to,carry the treaty to France
Mr.. Dawson was some months absent from the
United States, and received liberal compen-
| sation from the public treasury; but nobody
dreamed his seat in the House was thereby va
Gated, and no blame was attempted to be cast
upon Mr. Jefferson or Mr.. Madison for having
employed him. There was, also, in the second
term OF MI Jefferson's administration, the case
Oh Mr.. smith, OF Iennessee, who, while a Sena-
tor, was commissioner to treat with the In
aiai's' ana ditl, between the commencement of
the Term Tor which he was elected and the
Tune wheh lie took his seal, sign two treaties
YET "heh he presented hmselfin the Capitol,
ne was not told that his Senatorial character
had been abrogated by the public service
which he had just rendered, though nerform-
ed under the authority of the Executive.
There was also a case during the presidency
OF Mr.. Madison, which have heard mention
ed when MIR. Worthington, a Senator, and
MI Morrow, member from Ohio, were au
thenzed, III conjunction with Governor Meigs.
OF thit state, 10 negotiate with the Indians.
ihere are, doubtless, other instances which
may not have heard OF, or have now forgotten.
But there is ote, which, if it had been known
to MI Cook, might perhaps have reconciled
him to the employment even of Mr.. Thon,as-
al!ude to the employment, by President
Adams, OF Mr.. Tracy, an cid and DISTINGUISHED
member ct Congress, and then Senator. to
inspect the posts on the northern and north
western frontiers; for which service Mr.. r. re-
celyed liberal compensation, and still retain
ed nus seat IN the Senate. Here are examples
| enough; and, have before said, there are no
doubt others. But if there are not, we may
safely nter that It is owing rather to the infre-
| Iiehcy OF lne occasions when such employ
menls suited the convenience Of the narlies
man % any constitutional objection o. aill,er
Ahese pre- eeaents sshew What has been The
interpretation glyento the prohlbitory clause
OF Tie constitution alluded to, under both re-
pubhcan and federal administrations bv the
very makers OF the instrument, whose spirit
and provisions the Ike .employmct of Mr.
Thomas is supposed to violate. Nv own o,,;.
mon, formed after some reflection on this
branch ofthe constitution, and after eya,r;p;,o
this particular casein all the bearings in whicp
it has presented itself to my mind. is in ac.
cordance with these cases. ! have always
thought, and, as you know, have open]y and
strongly Expressed myself, that the const;tu.
ton needs amendment in relation to the an
polntment OF Members of Congress to Offices
under li'e Executive. Mr. Craw ford himself,
Whom me Columbia writer charges with de-
ssa to 'Dpalr the int< pendence ofthe legisla.
tufc' dia' "hen IN the Senate, support such an
amendment. But every attemptthat has been
made FOR that object has failed almost as soon
as il has been brought forward. Some of the
wisest and best among us think that Congress
IS the safest road to all the responsible Offices.
because II affords at once the best evidence Of
the qualifications Of the individual, and of, the
confidence OF the people in his inte- gritty And
the prevalent opinion appears to he, that the
powers and the influence of the executive
ought BOT to be reduced below those now
given by the constitution. But, be that as Il
may, winie the constltutionrenlainsu unchanged,
We must act under it as it is Ii is not for us.
in its name, to impose disabilities which are no
where 10 be found in its provisions. Mr..
Thomas has an undoubted right to employ his
time and his talents in any manner not pro.
hibited by the laws, and not incompatible with
| his moral duties. In this case his pursuits had
not only these negative merits, but they were
usetnl; and, so far, therefore, from being re-
prehensible, they were mertorous.
If do not, in writing to you, attempt any
thing Ike legal argument to shew that neither
the spirit nor the provisions CT the constitution
disqaalify Mr. Thomas from holding his seat in
the Senate, it is because am sure you will be
better satisfied the practical OK, ,ositions
nfthe eminent men to whom have alluded.
Ny object has been rather to present you with
facts, which, distant as you are, you may not
have an opportunity Of knowing. Of the alb
stract question of law you need no reasonings
Of others to enaDlc'yo to form just opinion.
As do not knowhow farthe Washington cor
respondent OF the Columbia paper has stated
the case OF Mr.. Thomas, send you the re-
ports OF the Secretary of the Treasury on the
subject; from which you will perceive that