The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-03-20
UNITED STATES SENATE.
EXTRA SESSION.
TuEsDAr, March 9, Is4l
(Dsbats in continuation.


Blair and Rives printers to the Senate for the 9Th
Congress
Mr. HUNTINGDON said when he rose yesterda,
TO address the Senate il not his intention TO dis
eusS, al large the merits OF this resolution; wal
It now his purpose TO do so. When, a few week.
since they had before the Senate the resolution to an
point these gentlemen printers TO the Senate he i'm
proved the opportunity express his views on som,
OF the points incidentally and others more parcu
lary which We're involved in the resolution now be
lore the SENATE. IL was not his purpose to repeal
ihemi and he would not now say one word on the
resolution were not that he felt desirous TO reply
some OF the arguments that had been urged against
it-some reply to what had been brought forward
and he asserted (wth Difference TO the Hon member
whom be should aude what he considered OF
the most extraordinary positions which had been adj
vanced in the Senate. And although il was stated by
the Hon. Senator from Pa, Mr.. Buchanan, who
advanced them that he believed he could be sustained
by every Judge the bench below them, and by
every Judge and respectable lawyer in the Union,
notwithstanding his respect for his Mr.. b. legal
atainments and his abilities he felt almost
ed say that he did not believe that out of this Sc
nate these positions would have been advanced and
attempted TO be maintained by any respectable profess
sional lawyer that the opinions could be lawfully
maintained. He might be wrong. He did not pro-
fess, and ought not to have entire confidence in his
views, but he believed that analysis of the
subject, il would be found that the charges against
them could not be successfully maintained What
were they}
lst That the Office of printer to this body is in no
sense an office; that what he does is merely mocha
ncal that he 10 employed under contract and not as
an officer, and as such, not subject TO removal
I'd. That If he be officer il is competent for this
body to contract with him such; that they had no
right and it would be breach Of faith and honor on
the part of this Senate TO pass this resolution for the
effect of il would be to break their piphted faith and
disregard their plighted honor
These were the two positions; and it would be his
design TO show that they had foundation in pIinci
pie or in analogy.
The Senator had stated, what he had no doubt was
the conviction of his own mind TO this Senate and it
had gone forth to the country that repeal or rather
that removal and dismissal of these men implied in
1t breach of contract and those who sustained the
resolution now on the table were to be held out to
the community as those who in effect were prepared
TO break down the inviolability which ought to be
thrown around; and by the Constitution and laws of
the country is thrown around all legal constitutional
contracts.
He (Mr H. did not belong TO that class of politi-
clans who think all is fair in politics nor to another
class who think that the spos belong to the victors
nor yet to another class who think that the supreme
cy of the laws and the solemnity and binding obga-
ton of contracts is not to be maintained. No his
habits hls employment, his business life had led him
at least to the maintenance of what he conceived true
doctrine and that was, that the lawsthe Constitu-
ton and Laws, supreme, and to be maintained
and that lawful contracts to be enforced. When
this was presented, f ever such should occur
that resolution should be passed by either branch Of
Congress- or both directing the performance of great
public work. after contract had been made, they
would not find him that would rise in his place
and offer resolution, that the contract should be re-
scinded. &
He should not contend that it was not binding, and
support resolution which, if passed, would destroy
the obligatory force of the contract Mo- if this reso
luton implied in it any thing the nature of breach
of contrac-ifits effect was in the slightest degree
violate the honor and faith of the Senate he would be
- H. a.. IL. n
and free execution
But believing, he did, that there was in this act
proposed TO be done, interference, in the slightest
degree, with any contract, expressed implied-be
levng 1t was In the power ofthis Senate pass this
In the legal constitutional power; and be-
leving, further, thatit required, he should come
up, and if there were any responsibility in voting in
favor of it, he should take this responsibility and feel
that he was discharglng what he had right to, not
only, but what, under the circumstances, i'm
perious duty.
The resolution implied two things: one was--that
this Senate has the right to dismiss its printers
And the other wasthat it is expedient to exercise
that right These were the only two points involved
in the resolution
In relation to the frst-whether they had the right
TO pass it Che did not merely to vote on ) but
whether they had the moral right to pass this resou
tion-he proposed, for the purpose of meeting the
objections which had been urged against it by the Sc
nator from Pennsylvania, and he would consider it
in very brief manner for it lay within the compass
of nutshell, } to endeavorto dnsiper them.
Suppose there had been no joint resolution The
resolution elect them did purport on its face to
be in consequences pursuance Of joint resolution.
1t was nothing or less than this esolued That
the Senate will tomorrow proceed to the appointment
of printer mot for two years. under the Joint reso-
luton of 1919, but for next Congress" Suppose
there had been joint resolution prescribing the du
ties the compensation, the mode of appointment &c.
and they had appointed the printer could they have
removed him under this resolution
Is he an officer of the body If the Senator from
Pennsylvania right, they could not have removed
him. if there had been no joint resolution because he
tells YOU that he is ofcer-that it is contract
made, and we cannot dissolve it by our own act
This brought up the question, whether the printer
was an officer not. The Senator from Pa. said he
was not but that he more such, than many in
dividuas who performed services for the Senate, and
asks is the page which waits on an officer Is |
the person that makes fire. prepares stationery
or repairs the clock an officer 20 And then asks wheh
er they not much officers the printers to this
body They required to do certain specific acts
and so is printer-how then do you distinguish be-
tween the two2 Did not the intelligent and honora-
bic Senator perceive the diferencethed difference be-
the page that waits here appointed by
the Senate and the printer appointed by the body
the printer was not an officer he Mr. I'll wanted to
know what oficer2 Is our Secretary an Off |
GER He took it for granted that this would be agreed
TO by all. Why was he oficer2 Was it not be- |
he has certain duties perform and because he
is appointed by the body 10 perform these duesa Was
not that the reason2 But the page and the man that
repaired their clock not appointed by the body the
Secretary employs him. and appoints him, but not the
body ITSELF he was not therefore, officer of the DO
DIV. Ii printer not officer they had not an
officer, except the Vice President, whom the Const
tuition declares oficer-and whom you cannot re-
move, except for msdemeanor; for there not the
slightest difference excepting the duties to be perform
ed between the printer and Secretary What does
the Secretary pelform2 How was he appointed By
the bodyto perform certain duties necessary to the
well being and honor Of the body What is your prin
teri Does he not your printing, instead of writing
out Do you not require of HIM the performance Of
certain acts What difference is there between the
two excepting that in the case, your Secretary
does certain specified duties and has annual salary
the printer does others and has different COM
pensation But in both cases il was public ofice1
apublic appointment, made by the body under the
Constitution, under which they assembled