Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-03-30
CONFESSIONAL
UNITED SrSENATE-Egeculire Session
DISMISSAL OF rEtE xnINTERS TO TILE SENATE

UNITED EsFsENATE-Eaeeulire Session
DISMISSAL or THE FnINTERs TO THE SENATE
Iaesday !Nast 9, le4l-ECosrrsUEDl
Mr. CALHOUN SID, rise, MIR. President, as the
question is about TO bep put 10 state the grounds on
which propose to place 10y vote. There>axe some
questions too clear 10 be supported or opposed by argu
nent and tins appears to me TO bs one of that descrp
ton All that be done ipsench cases is to give a
distinct statement of1le points involved, and leave
them to force their w8 their own intrinsic evidence
II is that which Use to do in the present instance
The first point inva wed in considering this question
is, has the Senate right employ persons TO do lis
printing: No one can doubt that. IL is admitted on
all sides.
The next is, can ieenter into contract with such
persons for the pnrposs, How that be doubted ,
How else could they he employed, hut By contract ex-
pressed or implied IT is the only mode IN which it
has been done from the foundation OF Tie Go
vernmcnt Al first, the mode by letting It out to
the highest bidder but that found TO be oblec-
tionable Persons not competent, and without adc-
qnate means, i'll the habit of bidding Tor the con
tract on speculation, and afterwards either execute 1t
improperly or fail to execute II at all change, in con-
sequence, became necessary in tine mode OF selecting
Prnters which twenty years ago terminated IN the
present to fix the rate of compensation, and leave it TO
each House to select their Printers by the vote of ma
JorIty. Such has been the nvarlable practice ever
since IL "a, in fact, far the present question IS
involved the same in prime pie with the original mode.
The only difference is that, in the present. the rate 10
fixed and the persons selected designated by each
House by vote Of the majority and the original,
the lowest bid determined both the rate and the per-
sons The execution, in each case, was under con-
tract.
The next point is, has the Senate made its selection
to do ITS printing for the time specified and have the
persons selected entered INTO contract TO perform
IL There, Sir the table Of the Secretary, lies the
bond of Messrs Blair and Rvcs duly elected signed,
sealed, and delivered, with adequate security, and 4
heavy penal sum for the faithful execution Of the print
mo thnr hn haan H.. toI I,a
form, under the order of the Senate. Every thing has
been done orderly, and according 10 the nvarIablc
practice which has prevailed for the last twenty years,
without being disturbed questioned under all the
party changes which have occurred during that long
period, until the present time.
1t is this contract thus made that this resolution pro-
poses to resclnd not directly but indirectly by dismiss
ing Blair and Rves Printers TO the Senate, but
which would be effect, set aside and annul their
contract; and what would that be but plain and pal
pable violation Of conract-a naked act Of power and
bad faith on our part,
Such is the inevitable consequence, from simple
statement OF the points involved the question There
can be escape, but by denying that the instrument
which they have signed and by which they have bound
themselves TO execute The printing Of the body is
contract; and to tins extremity have gentlemen been
driven, against the plain facts Of the For this
purpose, they distinguish between employment and
Office, and INSIST that they not simply persons EN-
poyed to do the printing of the Senate, but that they
are officers OF the body appointed under the provisions
of the Constl ton, which authorizes each House to
appoint It's officers: and that, such they
liable TO be dismissed our Secretary Doorkeeper
do not deny that all public employments may be
garded offices, taking The term in its broad sense,
and Offices employments; but the distinction between
them, fnr The question OF contract the right Of
dsmssing at pleasure, is concerned is broad and
plain the Pennsyl vanIa avenue. When the business
10 be done is TO he performed by the person employed
IT be either or the other, according TO c'reum
stances If the capital and materials belong to the per-
son employed 1t he hires the workmen, he runs the
risk of loss and gain, he is simp employee, and
not an officer; and the engagement between him and
the public contract, and not SIMPLY bond for the
faithful execution of official duties, this has been
represented TO be The of the difference is Oh
vious reciprocal obligation in all such cases, either
expressed implied, between the employer and the
employee, always exists, unless there express
stipulation to the contrary; and 1t IS on such under
standing Of mutual obligation that the business Of the
community is almost entirely conducted
Such is the fact in this case. Blair and Rives en-
gagged 10 do the printing Of the Senate at their not our
expense For this purpose large capital must neces-
sarlly be invested in building printing apparatus, and
materials, accompanied By the heavy outlay IN the
hire Of hands and incidental expenses Theirs IS the
hazard 1.-THE building materials should be burnt or
destroyed; if prices shonld rise, TO make losing
concern the loss theirs, And 10 be sup
posed tina, all this hazard would be incurred without the
plshed faith our part, that they should continue 70
Do printing, for the tire stipulated, provided they
should faithfully perform their engagements The con-
tTary supposltion would be absurd put u 20 he &c
majors on the opposite side, if, instead Of having the
buildings and printing apparatus, they had erected the
one and purchased the other under the bond winch
they have given 10 execute the printing, would you
regard the dismissal act OF gross inJustice-a
violation of fair understanding between you and
them which justified the mourning oil such heavy ex-
pcnsc on their part, necessary to the execution OF
the work. And can it make their bond more or less
contract because they happen TO have them already III
their possession: If you reverse It, and suppose the
building, the printing apparatus, and the expense and
risk 10 be The publics and not theirs and that they
had been elected 10 take the general superintendent
of public establishment, instead OF their own, then,
indeed they would be officers in the sense you con-
tended for and liable TO be dismissed, like other Off
GERS and not mere employees to do the printing OF the
Senate, they clearly are Such ana 50 VIDE IS inc
difference between officers, in the proper sense, and
mere enployees as far the question of resembling
this contract is involved.
Bu, il has been said that it has been decided they
are entitled TO be admitted in this chamber on the
ground that they officers OF the body But IS there
not obviously marked distinction between that ana tne
princpe on which the question OF contract stands In
deciding BY the Vice President the case OF the right OF
admission il was not necessary to distinguish between
an officer and that of employee, the performance
of whose duty made his presence necessary here' as
much so as if he superlntended pubic pruning es-
tabISlmPn
at their own risk and expense, and even more SO IN
some respects
Ii is also said that their bond is more contract
Than that given by the collector OF the CUSTOMS or any
other officer for the faithful discharge of duty, and
which it is admitted does not permit his DISMISSAL
What has already been said sufficient TO distinguish
between the two cases But suppose the case to be re-
versed and that The collector, say of the port OF New
York instead of being mere superintendent, TO col
Iect The revenues of that port at the expense OF the
pubc, as is the case had made arrangement with the
Government to collect it at his own expense ana
risk, for a fixed period, at given rate per centum'
could he, in that case, be dismissed, SO long as ne
faithfully performed his engagement, without v no
ation Of contrucl: If farther illustration oil The d'i
ference of the two cases be necessary, the fos'
Office Department will furnish it. The two classes .hs,
officers and employees both to be found IN Una.
branch of The deputy postinasters are OIL .ne
former description, and be dismissed the service
without violation of contract; but very different IS Inc
case with the persons employed 10 carry the n'al
hev do il at their own expense, and acknowledge
10 be contractors; and can, SUCH only be dismissed
as is acknowledged, in consequence OF positive s'pu
, q that effect.