The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-03-12

binding on ii Suppose the aw-the joint resolution
Of 1919 had declared in specific terms tina, the print.
ers should be officers Of the Senate The resolution
declares that they shall have the printing Of the Sc
nate through the whole Congress, and binds them 10
give bond and security 10 execute this servce-coud
the Senate by dismssing these officers, relieve them
selves froa the obligations OF the contract He
piled, mo, and pledged every thing dear him that
a the pain, simple question: submitted without
argument to the tribunal below them that IL would
be- decided that gentlemen did gain their point
by proving fthey could that they officers Of the
| Senate. There Rep Senate. This was the
body constilutionaly and ia point of law which
had existed from the first day the Senate in 1889
until the present moment
| For great many years there was no election OF
officers al all There was always President and
the Secretary held his Office they could not get rid
| oil him except Tor misdemeanor. This body per
manent. Every writer without exception, who had
treated his subject, had described The Sen,te
permanent body. There were always twothirds OF
lis members existence and generally Ear than
two-thrJs. Il the sheet anchor OF the Consti
tuition, on account Of its permanency. The Senate
was, and must be, permanent body and here they
had the spectacle presented To them Of the Senate In
ali forms Of law, two weeks ago entering into cleo
ton and now al this day, after the officer, as they
called him. had been elected, of the Senate annulng
the contract and dislnissng the officer II this could
| be done-if this body, OF high and commanding nhu
in this country could thus SIT aside its contracts
when there too much disposition throughout
the country To disregard the faith Of solemn conracts
could step forward and sanction the principle that
no contract be binding them-H Heaven only
| knew what would be the result throughout the
try. In point OF pfoprie,y, there was no difference
between the violation vi this and any other contract
i Now il said they not bound by contract,
and now, ut the eleventh mc they were not about 10
execute that which the law of the land. The
Senator from Mo-, time since had endeasored to
get this resolution repealed. Ii resisted with
power by the Senator from South Carolina, Mr.. Pres
ion. he was against its repeal. This was tie only
mode OF getting rid Of IT,. but repeal oft could
Affect the rights vi Blair & Rives. The powers Of
| the Governinent--ol this Senaie-no human power
in this land could violate any contract without the
consent Of the parties injured by such volapn and
just certain they had iuiurty before them, the
day would come, II Blair a. RNrs were ueElised vi
this contract, when IL would be made god 10 them IN
danagrs--the day would come and that very ipeediy
ii in The power Blair & X YES, To biisg SUIT
against the Senate Of the United States.
He had ever held, and trusted lie shot!d, that
| contracts were sacred, and however much lie might
desire, IN any instance change the printing OF lhe
Senate, he uusied that his party feelings would never
carry him far to trampie the rights vi any in
dnidual. He was opposed to doing this execution on
/ Bl,ir & Rtes
] Mr., BAYARD said in the course Of this debate,
objections tins proceeding had been placed three
grounds:
LIST. That there was no power in this body, as now
assembled 90 into such election; Icing as
seuIbed that they here assembled in parIicu-
lar capacy-in The particular exercise another func
ton.
The merit ground was that the printer j. not an
| officer in this body.
/ And Billy. Ii he he an officer, a contract has been
msde with him which they had not the power to
| scind.
/ these were the principal grounds The Sena-
tor from Pa made a,dilion in relation 10 the cha
racer OF this body, whic seemed hm 10 90 the
1hoe length of this subject That this was perma-
neBt body-the same Senate, which came into p)liii-
cal existence on the 4th March, l7S9-which has
/ n,d hat day IN md wa IN
all time long this Government shall endure the
respective States perform their duty The Senate be-
ing perpetual, has perpetual rights. What they
1 They must be absolute relative, and whether abso-
lutte, relative, inherent, belong to the body all
times. There no such classification OF Legisia-
tire and Executive functions, had been drawn 1t
body possessed of these rights which might be
dormant, but they always existod-aIways nhere in
the body and to be exercised the circumstances
OF the may present
A part of the absolute rights Of This body, was
LIST. To judge Of the ell elton, returns, and guaiif
cations Of is members. There was no question but
Another absolute ngnt,e sRsysr assembled.
on any question. "-'f"-
Another, 10 make its otcn rules and regulations
Another,to eiect its o,5n e6cers-expressly given it
by the Constitution
All these have relation, whatever to any other
department OF Government but inherent and ab-
soufe, which may be exercised whenever the Senate
is convened. They could not assemble in the city Of
| Philadelphia or at any time they thought proper
but, whenever nssemDtd, these were inherent, abSo
lutte rights which might be exercised beyond all con
! troversy-beyond all dispute.
II must then he apparent to every one that there
be doubt that this Senate possesses the abso-
| lutte, Inherent right to elect its officers when it
happens be assembled without to any other
case when may be called to exercise It's relative
rights
That being true, let whether or not the prin-
ter be an officer of the Senate.
The Senator from Ala says that he is not an officer
but quasi officer. He MR. b. did not cxac ~ un-
derstand this. He had heard of such a thing as
quasi corporaton-a body possessing OF the at
tributes OF corporation, but wanting others But he
had never heard before of quasi officers They
be officers who have the name without empioynent-
! Now, what is an officer Webster in his Dictionary
the best perhaps in the English Ianguage-has thus
defined the word officer: i" An officer who
erclses an Office of some kind" Office particular
duty, charge trust conveyed by public authority
| and tor public purpose employment taken by com
mission from Government, and those who administer
| It," II might also be duty or employment Of pr
| waite nature.
Did any undertake to say that the printer had
no employ Ii he had none, he agreed with the
Senator from Alabama, that he quasi officer
But if he had, he was He trusted with the
printing of all their ducuncns-their confidential
too He thought the Senator from Pennsy ania
would find some difficulty in saying that he not
an officer. His employment ve,y important; all
the Journals and private proceedings were trusted 10
him. Yet the Senator fIom PENNSYLVANIA said he
no officer. hat does he Ito by means Of types :
What your Secretary does with his pen. He ran-
scrlbes your documents and your Journal and fur
nishes you with requisite number OF copies. Was
not tins public employment How was he paid Out
oi the contingent funds And how appointed Elect
ed by g Senate; and yet the Senator from Penn
sylvana says he is officer; and the Senator from
Alabama says quasi officer.
That brought him 10 the last propos ton which %
il is contract IL il was contract, he shuu u bc
the last iran in he Senate to violate it. What OF
contract was II contract which carried in gre
mic the principle of lis dissolution-a contract
made with officer who holds his office at will OF the
Senate lie should like to know whether the EN-