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

..andons consequences which might probably re-
anil from The adoption of the resolution once es'a
blsh the principle that this body can e%e'c'se 'I a
NJ violating solemn contract into which tney haa ue
l;berately entered and what would become u '.e
country Did it not a, sanction The prhc,l
lis fullest extent which had been iaise'y ~ o,;s
the party 10 which he belonged, that succeea'nS r
lature had right to repeal me con'ae whch this
rssolnt;on was based would completely Jus.,y w,
N,N,tt in his outrageous attempt TO annui ''e =, ~
Of the State of Mississippi. Inc Prhc'Ino WV" IA
at the root of both cases was Prec'sey ,e -
=. ,,;n nc firth in both cases would DO siin,iaF
RIa; and R;ves b. virtue of solemn contract haa
,aa r;obt 10 perform the printing OF the senate lof
,ro rsars and to receive the price fixed by law Tor
,be;r work; and if could now nuliify TINS Veslea
right and release ourselves from Inc ooigeoh u ou
contract neither Mississippi any other State IN the
Union was obliged TO pay its debts. 1t the Sena!e
could not be sued neither could the State be- In TINS
Yesnect. thew both stood upon the same footing re-
gard for public faith, and that aone could oho ei'nef
Of them 10 the performance Of thar contracts.
~, Ala Senators no, perceive what dangerous ex-
annie they would set to by violating tins contract,
and dsmiss;no Blair and Rivcs from being Printers to
The Senates The Signs of the times plainly indicated
that il as their intention to charter BANK u Tue "
s. if they could, at the specai SESSION. NOW, SIR tue
Democratic Senators firmly believe that Congress have
M mower under the Constitution to establish such a
Bank Suppose, then we should initiate Their example
and refuse upon the question, at the same time
declaring 10 the world fixed purpose TO repeal the
charter at the very first moment The Democracy OF the
country shall be again trumphant would they not con-
slider this conduct evolutionary? And yet It would only
he pursuing The very which they have pointed
out 10 u.s. refusing 10 vote at the election OF frn
er and declaring that they would remove blair ana
Rives and deprive them OF their contract al me very
first moment they should attain the majority WI" mol
their conduc; settle this principle, It any Preceaen.
could sanction such measure, that, believing banK
of the United States TO be unconstitutional, we shaii
be perfectly justified in refusing 10 vote on tne cues
ton and in giving notice to the world OF our hxed de-
termination 10 repeal the charter the very moment we
boy. the power? The one act would be no greater
violation of pledged faith and OF vested rights than the
other And Il we should pursue this course, no Bank
f ,h ITnaed States could be established No capital
e, Goreon or domestic could he induced to advance
his money for stock in this Bank, knowing that the
charter would be repealed as soon rs change should
be effected in the administration Of the Government
The Senator from Missouri (Nlr Bcnton) had, some
wears ago proposed to repeal the Joint resolution oil
1919 This was the only constitutional mode OF get
tnp clear of it. He informed that at that time the
Senator from South Carolina (Mr. Preston) had ear
nestly opposed this repeal lie thus gave conclusive
evidence that he did then consider it violation OF
the Constitution What Lad since changed hrs OPP
mon he MIR b. could only conjecture. But no re-
peal Of it could now dvest the existing rights of Blair
and Rves. Neither the power OF the Senate, nor OF
the whole Government, nor any human power when
existed in this land could violate this contract without
the of the parties to be injured by such VIOLA
ton Just as certain as they had uurly before Them
the day would arrive if Blair and Rves should be de-
prived of the benefit of their contract, when they would
be fully indemnied for every loss which they might
sustain That day would speedily come, If under the
Constitution it now III their power to bring sui
against the Senate of the Y. ).
He had ever held, and trusted he should ever hold,
that contracts were sacred and nviolable; and he
hoped that his party feelings might never carry HIM so
far as to trample the rights OF any individual lie
was therefore, opposed TO doing execution on BLAIR
and Rives.
MIR BAYARD said, in the course of this debate,
objections to this proceeding had been placed on three
grounds The first was that there power in this
BODY as now assembled 90 this business and pass
this resolution being assumed that they were there
assembled particular capacity, which precuded the
exercise of their other functions. The next ground
was that the Printer not officer OF this body
And the third that if he officer OF the body
a contract had been made with bim, which they had
not the power to rescins. These were the prln
cipal grounds The Senator from Pennsylvania
had made an addition in relation 10 the character
of this body, which seemed TO him to 60 the whole
length of the sublect-that this permanent bod,
the same which came into existence on the 4th o
March, 1885, and had continued from that day TO thus
and must continue in all time, as long as the Govern
ment endured and the respective State Legislature
shall perform their duty. Now, this Senate being
so deemed perpetual body, vested with Ger
tain inherent rights What were they Ther s~er
either absolute relative: and, whether the one
the other, they belonged 10 the body at all tlmes ant
were TO be exercised when proper circumstance
presented themselves. There was no such artificial
cass hcaon, the Senator supposed, OF Legislative
Executive, and judicial functions. 1t was bod,
vested with rights which, though they sometimes nigh
be dormant, always existed, were TO be exercised a
soon as u proper was presented. Now, as par
of the absolute rights Of this body, the right 4
Judge of the election returns and the qualification
Of It's members There was no question that this bod
could do this whenever IT was properly assembled
and the only question to arise was, whether the bod
was properly assembled the proper place, and unde
the proper authority Another absolute right was, b.
majority ofts number, TO decide on any ordnar
question. Another was, to make rules and regulation
for its own government. Another was, to expel an,
member by a vote of twothrds of the body; and ano
ther was to elect its officers. All these right
had no relation whatever to any other department
of Government: they were inherent and absolute
rights which might be exercised when the Senate wa
properly convened. They could not voluntarily as
sembc in the city of Philade pha: they could not BY
common consent assemble at any time they though
proper to do this act; but when they were assembled
these inherent and absolute rights, to be exer
cised beyond all controversy and beyond all dispute
Now, what the rights of the body Why, they
were delegated rights, when session OF Congress
takes place, and they were acting in legislative capa
city. What was Congress- 1t was thing having
definite commencement and conclusion This mus
occur year-the Constitution says on the hrs
~
proper, Congress might assemble whenever occasion
should arise in which they might exercise their func
TONS and when III y were assembled in Congress
and these inherent and relative rights exist did tina
prevent the exercise of their absolute and inheren
rights Ought they not elect their officers and tur
out members that may have misbehaved themselves
Well, them there were other relative rights. The Sc
nate was called the treaty making power and the ap
pointing power He did not know whether the phra
seoogy correct; but this when properly assem-
l1,J b.th nr. 0f NJ ba
time when the House not session, and whe
they could have session Of Congress. He though
it must be apparent to every that this Senate pos
sesses the absolute inherent right To elect its oi
GERS, at any time when lawfully assembled, withou
reference to any other case when II might be called
to exercise its relative rights. That being true,
the Printer an officer Of the Senate: The Senate
from Alabama said it not an Office nor was III
Printer an officer of the Senate that ne was not NOR
than quasi officer He (Mr. b. confessed he did no
we'll understand how he could be a gsasi officer. II
had heard of a quasi corporaton-a body possessing
some Of the attributes of corporation, but wanting