The record-union., 1895-08-17
MATTHEW v. RANSOM.
He Is No Longer Minister From
the United States to Mexico.
THE OFFICE HAS BEEN PRACTICALLY
DECLARED VACANT

Mr.. Ransom's Incumbency Declared
to be Contrary to the Federal Con-
stitut1on, He Having Been Nomf-
mated and Confirmed Before His
Senator From North Carolina Had
Expired.
WASHINGTON. Aug. 16.-Hon. Matt w.
Ransom of North Carolina is no longer
Minister from the United States to Mex
leo. That office was practically declared
vacant to-day by a decision rendered by
Holmes Conrad. Solicitor G eneral of the
United States and Acting Attorney Cen
eral. Mr.. Ransom's incumbency was
declared to be contrary to the Federal
Constitution, and Acting Attorney Gen
eral Conrad sustained the action of
Thomas Holcomb, Auditor of the Treas
ury for the State Department, in declin-
ing to pass favorably upon Mr.. Ransom's
vouchers for salary and expenses.
The decision of the Acting Attorney
General was based on question raised
by Auditor Holcomb as to the legality OF
Mr.. Ransom's appointment to the Mex
lean Mission, in view of the existence of
Section 2, Article VI, of the Constitution,
| which declares that mo Senator or Rep
| resentatiVe shall. during the time tor
which he was elected, be appointed to
! any civil Office under the authority of the
! United States which shall have been Gre
| ated or the emoiuments whereof shall
| have been increased during such time"
This provision apparently fitted the
case OF MIR. Ransom, for he was nomi-
| mated by President Cleveland and con-
tirmed by the Senate before his term of
office as Senator from North Carolina
had expired, and during that term the
salary of the Mexican mission had been
increased $1,000 a year. Mr.. Ransom
was elected to the Senate in 1872, and
served continuously from April oath of
that year until February 23, 1895, when
his nomination to the Mexican Ministry
| was sent TO The Senate and Immediately
confirmed by that body, and until the
4th OF March, when his term expired and
! his commission as Minister to Mexico
was signed by the President. He was
member of the Senate when the Diplo-
matte and Consular appropriation bill
was passed which contained a provision
raising the post OF Minister to Mexico
from mission OF the second class to
mission of the first class, and increas-
TO Mr.. Ransom's Occupance of seat in
the Senate chamber at that time that he
| is to-day without an office, and that he
| is technically a debtor to the Govern
ment for the amount of salary he has
drawn since assuming his diplomatic
post.
Whether or not he voted in favor of the
increase is OF no consequence the fact
that be was a member of the Senate when
it passed the diplomatic and consular bill,
as stated, operated against him i'll holding
in legal manner any Federal civil office
during the time for which he was elected
Senator.
Soon after Mr.. Rsnsom's appointment
to the Mexican mission there was con-
siderable discussion in the newspapers
and among public men as TO whether his
| lncu1n bency OF the office was legal. The
matter was considered informally by the
President and Cabinet, but as no formal
! question on the subject was raised by
any officer OF the Government, the status
of Mr.. Ransom was not impaired
| AS far as can be ascertalned Mr.. Ran
SOM continued to draw his salary of $I7,-
500 year. but it was only recently that
| Auditor Holcomb, when he came to pass
| upon the accounts of the Minister found
himself unable to decide whether he
| could approve the payment Of Mr.. Ran
| SONS salary, IN view Of the fact that he
had been member of the Senate when
the salary was increased. The matter
was finally submitted TO the Attorney
| General for an opinion.
The decision rendered to-day by the
Acting Attorney General also disposed of
another matter in which Mr.. Ransom
was pecuniarily Interested. Nearly three
months ago he returned to the United
States quite i'll, having obtained a sixty
! days leave of absence. He spent most of
the time recuperating in the n orth Caro-
lima mountains, and then obtained an al
Il ~ hi "a =
regulations of the diplomatic service Mr..
Ransom was entitled TO sixty days an
nual leave, and to thirty days sick leave
additional, total OF ninety days. There
IS no provision for a further extension
for any reason, and diplomatic and con-
sular officers who have exceeded this
| quota have not received pay for the
| period they remained away from their
| posts.
| Mr.. Ransom's ninety days are nearly
| up, and last week he came to Washing
! ton to ascertain if his continued ilI-health
would secure for him further extension
! with pay. That question was not dis
| posed Of and there IS now no necessity
| tor an opinion on it, in Mr.. Ransom's
cage at least, as the Acting Attorney
Generals decision disposes OF everything
relating to his emoluments.
MIR. RANSOM succeeded Hon. Isaac z.
| Gray, Ex-Governor of Indiana, who died
a short time before. After visit to North
Carolina, returning TO Washington to re-
| ceive instructions, Mr.. Ransom left here
| for the City of Mexico on March 30th.
| He arrived at his destination quite Ill.
The high altitude of the Mexican Capital
| had affected his heart, and accumulated
a trouble from which he had been suffer-
| ing for many years. Mr.. Ransom was
| i'll most of the time he was in Mexico,
and he was advised by his physician to
return to tho United States. Following
| this counsel he came to North Carolina in
| May, and has been at a health resort
most of the time since. He is now at
! Weldon.
| While IN Washington last week the
! Minister paid several visits to the State
| Department with reference TO the ques-
tion raised by Auditor Holcomb. Just
before returning TO North Carolina hs
| said has health had improved sufficiently
TO permit him TO go back to the City Of
| Mexico in about month.
The constitutional provision through
which Mr.. Ransom has been deprived OF
office does not deprive him of being re-
| appointed to the Mexican mission. He
can be reappointed without violation Of
/ the law or Constitution at any time. 1t
| is believed that President Cleveland will,
upon being officially notified of the af-
| fair, reappoint Mr.. Ransom TO the office.
| Liabilities Far Beyond Assets.
! CHICAGO, Aug. 16.-Charles M. Lang
| ton. who did an extensive country busi-
| i ~ t@1