he third line, and inserting therefor the words "each State
and Territory of the United States."

Prior to 1867 the advertising of the Executive Departments had been
subject to the direction of the heads of those Departments, and had been
published in newspapers selected by them and on terms fixed by them.
In the year 1867 (14 U.S. Statutes at Large, pp. 466, 467), while the
ten States above named were yet unrestricted, and when there existed
a radical difference of opinion between the executive and legislative
departments as to the administration of the Government in those States,
this provision was enacted. Subsequently, during the same year (15 U.S.
Statutes at Large, p. 8), so much of this provision "as relates to the
publication of the laws and treaties of the United States" was extended
to all the States and Territories, leaving the advertisements ordered
by Congress and by the Executive Departments unaffected thereby. The
continuance of this provision after the reconstruction acts had taken
effect and the bringing it forward into the Revised Statutes were
probably through inadvertence.

The existence of this section (3823) of the Revised Statutes seems to
have been ignored by Congress itself in the adoption of section 3941,
authorizing the Postmaster-General to advertise in such newspapers as
he may choose. But the present act, if it should go into effect, would
compel him and the other heads of the Executive Departments, as well
as all the courts, to publish all their advertisements in newspapers
selected by the Clerk of the House of Representatives. It would make
general in its operation a provision which, was exceptional and
temporary in its origin and character. This, in my judgment, would
be unwise, if not also an actual encroachment upon the constitutional
rights of the executive branch of the Government. The person who should
be appointed by law to select all the newspapers throughout the country
to which the patronage of all branches of the Government of the United
States should be given, if not an officer of the United States under
Article II, section 2, clause 2, of the Constitution, would certainly
have powers and duties which have hitherto been regarded as official.

But without reference to the question of its constitutionality, I am
satisfied that this provision would not operate usefully or fairly. I am
constrained, therefore, to withhold from it my approval. I regret that
my objection to this on