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

dissolulion-a contract mace WIN al III. n
b;s otfce at the will of the Senate lie snouiu inv ~
h'' w. - Tho employment Of any oihcer was not
on,r,c,, 1t belonged to this class OF col''ao's
.after YOU have performed the wofR, WIN pa, "a.
The,e was the contract; and IN accepting III o I'M
nm office al will, the person accepted
VIZ ~, consideration-that he could be removed u,
WIZ" cement 1t was parliamentary Office ana al,
"o we're at ,rH No principle was better understood
That all parliamentary officers are at ie An "e.e d.
will The Speaker of the House OF heprcsei'a''Ns.
w,s nj will-they might remove him. DID not our
collectors district attorneys and marshais' nolu
office for period Of years, and yet with de'eas'oie
And what difference did the bond make D'd no.
their Clerk give bond And yet was ne not feio'
Tbs wos The effect and operation of the bond-ShPy
;n,smncb as they were charged with very important
dn,v thot eu perform The duty mM tacay' as 'ong 10
hrn remain in office. That was all There was .he e
imitation of it. Ii was IN the nature OF ''ns' .ra
an officer holds his Office at WILL the same e'mu'''o"
oso With the contract He takes it, subject 10 the ne
ass,rv restriction What, then, was the contract
W. wi, employ YOU long as agreeable Tor u.s. ana
nav YOU at a certain rate And what a'o the owner par
~ saw, will do il nj this rate-sunlect 10 your WIS"
or refusal. There vas 'he coh''a''' aAo '"e "
FL honorable Senator said this was most extraor.
49,, nrnceed;ng He thought not. They had iull
,n;,g in relation TO this matter. DID we not tel
,hem then continued Mr. b. that they were dong
ha ,lsv had no right 10 do and, the moment we had
w. rosr we should correct il Did they suppose
-. would suffer mere partizan to be chosen, ana
drown on u.s. for whom we were gong TO provide inc
mems or support? We undertook TO show at the .,ne
H., ,tera WAS no right 10 elect in this manner lhey
,d do II. when they had but FIVE six days TO remain
in mower We gave them full warning tina; we should
dismiss their officers who hold their office at wall IL
was an exercise of mere poper. and we should suomi no
lourer than compelled TO- IL was ali ABUSE Vi
,owcr Was il to execute the current WofR OF tue gay
hat he was appointed By the terms oil that resolution
nj; mon undertaking
rive them Printer for the 9th Congress-to antc'-
bate this matter; and, for two years to come, we
should be compelled thus to support mere par'izah
editor a paper that had been extremely wanton IN
lis course dealing foul species OF deiracuon, pom
as to individuals and characters and members Oh he
party ,.d,hon,r ,r
now in power would il in correcting TINS, at least so
far as his vote went !
| Mr. BENTON said there question connected
with this case which was preliminary TO the question
under discussion and which he wished TO put on re-
cord II was the question Of power; and, Tor the pur-
nose of presenting that, and making u part oil Inc oe-
bate he offered this as an amendment 10 the Whole re-
solution after the word "ReSoired
.Thai Blair and Rvcs having been duly elected frint-
n The Senate during the late session oil Congress-
under the Joint resolution of the two Houses prnvcs
for the election of printers in Congress- and The senate
having acting with open doors ana IN us eg's'"'',.
character in making the election, it is not now compe-
tent for the Senate acting alone It's executive charac-
ter 10 annu the election, and thereby dvest the rights
which Blair and Rves may have acquired from 'hal
election, and the contract resulting from 1t.
| He intended TO lay open the whole ground; ana he
would call for tile ayes and noes thereon
| They ayes and noes were ordered
Mr. BUCHANAN would say few words in reply
TO the Senator from Delaware, Mr.. Bayard.J lhal
Senator had still contended that the Printer was an OIL
6cer Of the Senate He should not again argue that
question, because he believed he had shown conclusive
Iv that the Printer was not such officer. The Sc
| naor had compared orr Printer with the collector Of
the customs al New York, the Secretary OF the Sc
nate here both of whom might be removed al pleasure
and had contcnded that the were parallel. lie
would not now stop to point out the vast difference be
tween them but would confne himself to asking the
Senator single question. Had not the Senate II such
were their pleasure, right 10 make contract WIN
mechanic be he officer not an officer, and bine
themselves to perform on their part during the peioo
of two years. And if they had right to enter into
such contract have they any constitutional power
nullify it at the end Of two weeks, by dsnissing the OF
6cer, against his will, with whom they had thus con
tracted
might enter into contract; but all the terms OF th'
contract must be considered Part of the terms Of th
contract was that it deteasIbc in IT'S own nature
But if the office be held at will, the ingredient wa
incorporated into the contract ITSELF and therefore
was defeasible at any time
4 Mr. BUCHANAN continued This was precisely a
he had understood the Senator This Senate, then, ha
the right TO enter into contract with an individual
perform lis printing, which, by express terms, must con
tinue two years. and yet in the face Of tins posltiv
stimulation it might annul the contract the yer
NJ a. day because, iosuut, Me office aeas dcfeasLlc
That was the position 10 which the Senator was driven
and If any Senator, however ingenious he might be
could define the nature of such a contract, he woul
award TO him the need for his skill and ngenu
ty The terms Of the contract under the joint resou
,ion were as precisely fixed though each member
the Senate had collectively entered into the toowin
stimulation with these Printers: You shall do print
inc for two years and YOU should not execute the wo
according your contract, then our Secretary, shall
vested with The power 10 have such portions of done
others as he may think proper, charging you with tn
difference between your contract price, and what b
NAV be obliged 10 pay" The Senate had reserved IL
power whatever to the Printer before the ter
mna,ion OF the two years; but merely the remedy Of
his bond and the right of Furnishing him for yolatIn
his contract by employing another TO do the work a
his expense. The English language could not make
more binding contract upon both parties, and Tor the pur
pose of the present argument, he cared not whethe
the Printer considered an officer or not
Names were nothing; it was the substance which "
ought 10 consider and even fthe Printer were off
Ger, which he clearly not, he was one o very d
ferent character from your Secretary your Sergeana
Arms or your Doorkeeper who were removable at plea
sure These officers required no capital, engaged IN
expensive business, and employed no workmen to enabl
them TO perform their duties. They gave us their pei
sonal services merely in recording our proceedings, serv
ing our process preserving order in the chamber
performing other similar Offices for which they receive
a certain fixed salary. Not 50 the Printer He wa
selected under resolution of Congress- directing III
manner in which the printing should be executed
fixing the prices which he TO receive for eac
item, and assuring TO him the contract for two years
Let him put case to the Senator, which might read
ly occur under this resolution. Printer is chosen b
the Senate, who resides III Philadelphia, New York
or Boston. He invests fifty or hundred thousan
dollars in purchasing presses and paper, empoyin
, workmen, and setting up establishment in thi
city, for the purpose Of enabling him to perform hi
contract The new Congress meets; and at the INC
ment Of their meeting, lie is fully prepared 10 e1
ecute work. but before he can enter upon it, III
Senate dismiss HIM from employment, and inform hir
that he but an officer, whose appointment 10 US
the language ci the Senator from Delaware, deea
Sble pleasure, aud that he must submit to be RUNE
without redress. Was there any Senator who could sa
,ha, Tins would not be plain, papable violation pub
lie faith for which the Printer could obtain ample
dress under his contract, if the Senate could be sued
Court of Justice: The concluding clause of TIE Join
tl,,tk elon 3