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Richardson, James D. (James Daniel), 1843-1914

"Volume 7, part 1: Ulysses S. Grant"

"
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.


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