Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-03-20

which had adopted the resolution could have known
nothing about the provisions of the Constitution; and
our predecessors, Who for almost quarter of centu-
~, and IN times Of the highest party excitement, had
carried II into execution must la been stupid dos.
During the whole OF this long period they had been
violating their oath to support the Constitution for
Senators this side Of the House had assured that
the joint resolution of 1919 plainly unconsttu-
t'ona that he who might read no, Sir, no: this
would not do. This mantle was not bread enough 10
cover them. Without in;ending:o give offence to any
one, Mr. b. said, would have been better, better
Tor them 10 have boldly ayowcd that they were acting
upon Rob Roy s rule
s. That they siorN take gio hare tie por.r,
- aud they should keep v no CAM
This was their rule of action,on the present occa-
sion. The party To which he belonged had been de-
nounced Loco Focc. Agrarans, Jewellers, and yio
ators of vested rights Should the resolution be adopt
ed all these hard names would he trusted be at
transferred 10 their opponents.
But the resolution o. 1919 unconstitutional =
And If it were so, what would be the consequence: 1t
vas this that no constitutional power existed to pass
any law under which binding contract could be made
for printing, or for the performance Of ary ether
cbapica labor for either House Of Congress previous
the meeting of that Congress for which tie work
to be performed And why? Because say The Sena-
tors, the person who contracts - perform such PRINT
ing, Is thereby a. once transformed into officer Of
the Senate and each Senate possessing the power
der lhe Constitution 10 choose lis ocers the
Of employing such Printer by previous Senate is III
dcroaation of the constitutional rIht of choice which
belongs 10 the s,icceed ding Senate and is therefore
unconstitutional, nall and void. Tins had been the
argument! 1t difficult to treat seriously; but he
should briefly show that Printer was no, an officer
Of the Senate in the constitutional sense that if he
were, it would not authorize The violation Of this con-
tract; and that such thing existed, under system
Of Government, previous and succeeding Senate;
the Senate being permanent body.
VIVA, argument had been used 10 prove that the firm
Of Blair and Rivos officer OF the Senate. He
Ladb hear hnt md was 70 aruu n he
Senator from Delaware (Nir. Bayard,) which had af-
forwards been endorsed By The Senator from Kentucky
(alr Clav) The Senator must have been hard
10 obtain il, for he obliged, for that purpose,
go back period Of the world before the art OF
printing was discovered. This he believed about
It's form: "lf the art of printing had notEeen discover
ed, Secretary must have employed great number
Of TO make copies of proceedings, but
the printers make such copies by means Of their
type; therefore, the printers may be considered rs de-
puiics of the Secretary and officers Of the Senate
This argument assumed the fact TINT, had the art OF
printing not been discovered, every ananncnsis who
night have been employed for the purpose of making
copies Of our journals and proceedings for distribution
among the people, would necessarily have become an
officer Of the SeEate If this illustration had not en-
SO arett he'd, he should not have desired one I'm re
striking prove the iaacy OF the Senator own argu-
menr, than that which he himself had thus presented.
Was the idea perfectly absurd that the hundreds OF
mere copvlsts whom would have been necessary 10
each Of them have become otliccr-a deputy
Secretary of the Senate In this purely magma
nv case 1t would have been still more necessary than
even present, TO have provided by contract at pre-
ceding Congress, for procuring great number OF CO.
pys,s and would then have been still more conve
niept have held that no power existed under this
Government which would enable Congress, at previ-
Gus session provide copyss Tor fnture service Bal
the bare statement of the proposition was sufficient TO
convince every candid and appropriated mind thnl
the mechanic who contracted 10 perform The printing
OF the body and TO receive for 1t the regular wages
fixed by law, not one OF our officers. was INC
clock maker employed by the year to regulate your
clcck-or the paper maker who contracted with your
secretary TO furnish the Senate with stationery an ON
Ger Of that body: Certainly not
The printing of the Senate was mere mechanical
10 he executed by possessing skill IN The art,
and TO be pad Tor proportion to the amount of labor
actually performed; and might with equal popriety
cali any other man who performs mechanical labor Tor
the Senate an officer thus TO denominale The PRINT
er The fact OF his election by the Senate could make
no difference. 1t was the nature OF the employment,
not the mode Of selection, which constituted the officer
II our Printer were now officer OF the Senate, he
had been equally during the long period preceding
the wear 1870 when he selected by the Secretary;
and all the Printers would be so again. who might he
employed BY the Secretary under the resolution Of Con-
gress in case the elected Printer should fail TO perform
his duty.
This Joint resolution was conceived in great wisdom
What was the case before its adoption Congress met
printing was Immediately required, and the Clerk
was authorized 10 employ the Printer but the Printer
was not prepared, and could not be prepared 'mme-
diatey with his paper, materials, ana nahas " PEI
form The work Great delay and defects in The execu-
ton of tie printing the inevitable consequence
and in order to remedy these evils the joint resolu-
ton passed
But suppose we should admit for the sake Of the
argument, that Blair and Rives were officers OF Inc
Senate: would this benefit the Senators in the slightest
decree lie apprehended not. Could not the Senate
enter into contract with its officers which would
be binding upon il: lie should be glad TO hear any
argument prove that it could not. Let US, men,
suppose that the joint resolution had declared IN spe-
cic Terms that the Printers elected under should be
officers of the Senate would such declaration au-
lhorze the Senate TO violate s own solemn contract
with these officers This was The position whch gen.
tlenen must establish or they must iai IN their arsu-
mept The resolution having expressly declared, that
the nersons elected should have the printing of the Sc
nate throughout the whole Of the next Congress, and
,vnr REQUIRED them TO give bond with suretes faith
fully to execute the work during that period, could the
Senate now, by d;sin!ssng them, even II they were
officers relic itself from the obligation OF the contract
which by its terms 10 continue until the iermina-
lion ofhe mex, Congress- No. Sir, this contract stood
firm and would endure as long as the Constitution OF
the country shall remain in force No human power
could rghlful'y annihilac its binding obligation lie
would pledge his whole fortune that SUCH wohld ne inc
decision could this plain simple question be submitted
even without ord of argument, 10 the tribunal now
in session below us, (the Supreme Court) uentc'eh'
therefore, would gain their point by proving, II 'hey
could that Blair & Rives officers Of the Senate
Senators had contended that one Senate or one Con-
press had no right elect officers for their successors
and that therefore, the JOINT resolution violated inc
Constitution because gave the election OF frnt-
or for the next Senate To that winch had eapHeo on
tho third of March This strange pos ton
as any which had been assumed throughout the argu,
mont An old Senate and new Senate! mere cou!a
be M ne, Senate THIS was the very same body, con-
suonay and in point Of law Which h1d h,d
on the first day of its meeting, III l'79' IL mao eH
w,hout anv ntermission, from that day until the pre-
sen, moment and would continue to s1s, i1ag
the Government should endure. II was emPna'ca''y
,ar0anout bodv. II rules were permanent, ano were
not adopted from Congress to Congress, IKE ,nose
IF Tho House of Representatives. For many years
-, ~" a. commencement of the Government, its se-
ere,ary was permanent officer, though our rules now
.nd that he should b. elected al stated intervals
Tho senate always had President, and there were nl.
avs twothrds Gifts actual members IN existence, and
rencraIly much greater number. IL would be USE
.ss 10 labor this question. Every writer, without ex-
cep,;on who had treated the subject had declared the
Senate 10 he body. ltnever dies; and wos
The sheeta nchor of the Constitution, on account Of us