The national era. [volume] (Washington [D.C.]) 1847-1860, 1859-09-29
From the Washington States.
GOVERNMENT ADVERTISEMENTS.

The publication of the Government adver-
tisements having been withdrawn from the Ma
tioadl LlteILigencer, we deem it proper, never
theless, TO continue to insert them, although it
be gratuitously, for the information of our sub
scribers, and especially those of them interested
In Government contracts, as they have been
accustomed, during many years, to find them
IN the columns of the paper. We accordingly
insert the above advertisements, which appear
ed officially within a few DAYS but in doing so
think it proper, to obviate misconception, to
accompany the publication with this brief note
of explanation. "-EditOrs.
The above is from the National Iptelligencer
of this morning, but our opposite neighbor does
not give the reasons tohy the Government ad-
vertisements" have been withdrawn from it.
We will make the explanation. 1t was done
by one of the most infamous miscOHstructionS
of law ever put into practice.
The law regulating the publication Of the
Government advertisements reads as follows:
That In all cases where proposals for any
contract or contracts to be made by any of the
ErecutiUe Departments or Bureaus, and In ali
cases where notices of any description issuing
from the same are now required by law to be
advertised the same shall be advertised in taco
newspapers IN the city of Washington having
the LARGEST PERMANENT SUBSCRIPTION
IN the face of this law, law so plain than
any schoolbOy can understand its true meaning
the Attorney General of the United States, at
the commencement of the present Administra
ton, made decision which placed a cOnstruc-
ton upon this law that gave the Government
advertisements TO the two papers in the city of
Washington publishing the largest aggregate
number of papers per week, instead of the
4" tlc0 papers hGCiHg the largest permanent sub
scriDtioR," as the law specifies
BY this decision, every daily subscriber to a
paper is counted as Sir permanent subscribers
not as one, as the law requires.
To show the absurdiIy of this construction,
and how 1t Operates-a paper having 5000
permanent daily subscribers and 200 weekly
is, under Judge Blacks construction of the
law, entitled to the advertisements over a Jour
nal having $4,000 permanent weekly subscri-
bers and 900 daily as the former would count
IN the aggregate per week $1,000, while the
latter would only count $4,000. Judge Black
made a previous decision, requiring the weekly
advertisements 1.-THE Government advertisements
are nearly all weekly TO be inserted in the
weekly editions of such papers as published
them.
Here is his decision, made at the request of
the Secretary of War, on the 2lst Of July.
1851:
Z" / am clear, that in order to ascertain which
paper has the largest permanent subscription
you must count all the subscribers, and not con.
fine yourself merely to the readers of the daily
issue.
"a daily, weekly, and tri-weekly newspaper
printed IN the same Office and under the same
name, are not different papers, but different
editions OF the same paper. The words of the
law, literally construed, require all the SUbScri
bers to the different editions 10 be counted.
There are many advertisements which
ought to be read as widely as possible through
p out the whole country.
The daily paper has but little circulation
outside Of the city. 1t is upon the 1ceekly and
fTi-saeekly alone that you can rely for giving in
formation to country readers.
- But it is said that no advertisements arC
published in the weekly and tri-weekly papers
and that when one of the Departments orders
an advertisement to be issued weekly, it i:
merely printed once a week in the daily edi
ton. If this be true, it requires some atten
ton. The object Of the laao IS not carried on
IN this lcdy.
"When you advertise for proposals to fur
nish supplies for the army YOU mean not only
10 let the city of Washington know that a con
tract viii be made, but that you desire to invite
competition from every part of the Union
This purpose is not answered by a lceekly adUeT
tssepaent IA a daily paper.
II IL ludl the W dSllnQtOn papers
are used for the sole purpose of giving inform
alton to their readers here, and that the adver
tisenents are published elsewhere for the bene
fit of other readers, then you ought not to pub
lish a weekly or tri-weekly advertisement in &
Washington paper at all.
~ do not doubt that the Latc requires then
4oeekEy an the ioeekly edition, trisOeekly an tn
fri,soeelly edition, and daily IN the daily edi
tiOn"
In the face Of this decision, Judge Blacl
makes a subsequent construction of the law
by which every single permanent subscriber Il
a daily paper is counted as Sir subscribers
and the journal which has weekly circulation
of $4,000 permanent subscribers, and which
could give the Government advertisements
circulation among $4,000 readers, is ruled out
and the advertisements given to journal hav
ing onIy 1000 weekly circulation. We hav'
been deprived of the Government advertise
uents for considerable period, through tn,
construction put upon the law by Judge Black
and have only secured the advertisements nov
under that notwithstanding our LOO
permanent daily subscribers at $4,000.
We have protested against the injustice Q
this matter TO the President as well as to mem
bsrs Of his Cabinet and 0pr friends have pre-