The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-03-16
UNITED STATES SENATE.
EXTRA SESSION.
[Dtbate b CONTAMINATION. }
TUESDAY. March 9, l64l,

To address the Senate, u was nor n's 49,. .. - -,
cuss at large the merits Of this resolution nor was
II now his purpose TO do SO. When lew weeks
since they had before the Senate the resolution 10 APP
point these gentlemen printers TO me senate ne I'M
proved the opportunity to express his views on some
az The points incidentally and others more parcu-
larly which were involved in the resolution now be-
fore the Senate. II was not his purpose to repeat
them and he would not now say one word on the
resolution il not that he felt desreus TO reply to
some of the arguments that had been urged against
it--some reply to what had been brought forward
and he asserted with Difference to the Hon member TO
whom be should alude,) what he considered some OF
the 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 on the bench below them, ana py
every Judge and respectable lawyer In the Union,
notwithstanding his respect for his Mr. 81 iegai
atainments and his abilities, he felt almost consran-
ed TO say that he did believe that out OF this Be-
nate these positions would have been advanced and
attempted to be maintained by any respectable profess
sionai 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
own views but he believed that analysis OF the
subject it would be found that the charges against
them could not be successfully maintained. What
were theyl
lst That the Office of printer to this body is in
office; that what he does Is merely mocha
meal that he Is employed under contract and not
an officer, and such, not subject to removal
3D. That If he be officer, 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 would be to break their plghted faith and
disregard their Plighted honor
These were the two positions; and Il would be his
design to show that they had foundation in pIinc
pie OF in analogy.
The Senator had stated, what he had no doubt was
the conviction of his mind, TO this Senate and il
had gone forth the country, that repeal rather
that a removal and dismissal Of these men implied in
it breach of contract; and those who sustained the
resolution on the table We're to be held out to
the community as those who in effect, 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 polit-
clans who think all is fair in politics to another
class, who think that the spos belong to the vctors
nor yet to another class who think that the suprema
cy Of the laws and the solemnty and binding obliga
ton of contracts is not to be maintained No; his
habits his enploym his business in life had led him
least to the maintenance of what he conceived true
doctrine and that was, that the laws-the Consttu-
tion and Laws are supreme, and to be maintained
and that lawful contracts to be enforced When
this presented, Gf ever such should occur
that resolution should be passed by either branch OF
Congress, BOTH directing the performance Of great
public work, after contract had been made they
would not find him one that would rise in his place
and offer resolution that the contract should be
scinded.
He should not contend that it not binding, and
support resolution which, if passed. would destroy
the obligatory force of the contract Mo- this
luton implied it any thing of the nature of breach
of contract-f its effect was in the slightest degree to
violate the honor and faith Of the Senate he would be
of the last in this body to interfere with its due
and free execution.
But believing, as he did, that there was in this act
proposed to be done interference, in the slightest
degree, with any contract, expressed or mplied-be
leving was in the power this Senate to pass this
resolution, in the legal constitutional power; and be-
LEV hal WI al he aha
up, and If there were any responsibility in voting in
favor Of he should take this responsibility and feel
that he was discharging what he had right to- not
only, but what, under the circumstances, an i'm
Perious duty.
The resolution implied two things one was-that
this Senate has the right to dismiss its printers;
And the other was--that il is expedent to exercise
that right. These the only two points nvoved
in the resolution.
In relation to the frst--whether they had the right
TO pass 1t he did not mean merely 10 it) but
whether they had the moral right to pass this resolu
tion-he proposed for the purpose of meeting the |
objections which had been urged against it by the Sc
nator from Pennsy lvania land he would consider it
in very brief manner, for it lay within the compass
OF nutshell to endeavor TO ansicer them.
Suppose there had been joint resolution The
resolution to elect them did not purpor on its face to
be IN consequence or pursuance of joint resolution
twas nothing or less than this "Resoired That
the Senate will tomorrow proceed to the appointment
OF priner-no for two years under the Joint
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 not have
removed him under this resolution
Is he an officer of the body n 1.-THE Senator from
Pennsylvania was right, they could have removed
him. II there had been joint resolution because he
tells YOU that he is not an ohcerthat il 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 was no more SUCH than many in
diyduas who performed services for the Senate and
asks is the page which waits on us an officer Is
the person that makes fire. PREPARES our stationery
or repairs the clock officer r. And then asks wheth
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-
BILE Senator perceive the difference the difference be-
tween the page that waits here appointed by
the Senate and the printer appointed by the body i'll
the printer was not officer he Mr. HI wanted to
Know what was officer Is our Secretary ar Off
Ger lie took 1t for granted that this would be agreed
to by all. Why was he an officer Was il not be-
cause ne mas certain duties to perform and because he
Is appointed by the body perform these duties Was
not that the reason But the page, and the 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
dy II printer was not officer they had not
officer except the Vice President whom the Consti-
tutlon declares an ofiicer-and whom you re-
move except for misdemeanor; for there was not the
slightest difference, excepting the duties to be perfn
ed between the printer and Secretary What does
the Secretary pelform2 How he appointed BY
the bodyto perform certain duties necessary TO the
well being and honor Of the body. What is your prin.
ter Does he not your printing, instead of writing il
out Do you not require of him the performance of
certain acts What difference is there between the
swo excepting that in the case, your Secretary
does certain specified duties and has an annual salary
the printer does some others and has different com
pensationl But in both II public Office
apublic appointment, made by the body under the
l.. AZ