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 one clause of the act can not be made available
without withholding my approval from the entire act, which is otherwise
unobjectionable.
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