The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-03-13

binding on il Suppose the law-the JOINT rcsouion
Of 1919, had declared Ia specific terms that ths priui
eTs should be officers Of the Senate. Tbs rosDatirn
declares that they shall have the printing 81 the 81
nate through the whole Congress- and binds them %
give bond and security 20 execute ths servicc-coud
the Senate by dismissing these osers reiiese then
selves from the obligations Of the contract lie D.
Piled "no and pledged every thing dear % ham thai
ifthe plain, simple question, were Submitted, wihcui
argument To the tribunal below them, that a would -
be decided; so that gentlemen did not gain their point
by proving ii they could that they officers a the
Senate There was no neU Senate. Tins was he
same body constlutionay, and ia point OF law which
had existed from the first day the Senate nei IN i7e
until the present moment
For great many years there was no election 81
officers at all. There always President, and
the Secretary held his Office they could no, get nd
OF him except for mlsdemeanOr. This body was per.
manent Every writer without exception, who had
treated this subject had described the Senate
permanent body. There always two thirds 81
It's members in existence and generally Tar more Than
two-thirds Ii was the sheet-anchor OF the Consti
tuition, on account Of its permaneney. The Senate
was, and must be, a permanent body and here they
had the spectacle presented TO them Of the Senate,
all forms of law two weeks ago. entering into eec.
ton, and now at this day, after the officer, they
called him. had been elected of the Senate annulna
the contract and dismissing the officer IL this could
be done-f this body, of high and commanding infiu-
in this country could thus set aside It's contracts
when there was too much disposition throug bout
could step forward and sanction the principle that
no contract can be binding on them Heaven only
knew what would be the result throughout the coun.
try. In point of proprety, there was no difference
between the violation of this and any other contract
Now it was said they were not bound by contract
and now at the eleventh time they not about 10
execute that which the law Of the land. The
Senator from Mo-, time since had endeavored TO
get this resolution repealed. Ii was resisted with
power by the Senator from South Carolina, Mr.. Pres
ton. lie was against its repeal This was tho only
mode of getting rid of it. But repeal of IL could
affect the rights of Blair & Rives. The powers Of
the Government--of this Senate-no human power
in this land could violate any contract without the
consent Of the parties injured by such violation and
Just as certain as they had utury before them, the
day would come, if Blair & Rives were deprived of
this contract when it would be made good TO them in
damages-the day would come, and that very speedily
! If it was in the power of Blair g. Rves to bring suit
against the Senate of the United States
| He had ever held, and trusted he should, that
contracts were sacred, and however much he might
DESIRE in any instance change the printing of the
Senate he trusted that his party feelings would never
carry him far trample the rights of any in
dividual. He was opposed to doing this execution on
/ Blair & Rives.
! Mr.. BAYARD said in the course of this debate,
objections TO this proceeding had been placed on three
grounds:
LIST. That there was no power in this body, now
assembled, to go into such election or being as
sembed, that they were here assembled in particu-
lar the particular exercise ofanother func
| ton.
] The merit ground was that the printer is not an
/ officer in this body.
/ And 3dly he be an officer, contract has been
made with him which they had not the power to re-
| scnd.
These were the principal grounds The Sena-
tor from Pa, made addition in relation to the cha
racter othis body, which, it seemed to him 60 the
whole length of this subject. That this perma-
nent body-the same Senate which came into politi-
| awe fha NH hoe
continued from that day TO this and would continue TO
all time long this Government shall endure the
respective States perform their duty. The Senate be-
| ing perpetual, has perpetual rights What are they
They must be absolute relative and whether abso-
Lutte relative, inherent, belong the body all
times. There such classification of Legisla-
tire and Executive functions had been drawn. 1t
was body possessed of these rights which might be
dormant, but they always exlsted-aways inhere In
the body and TO be exercised the circumstances
of the may present.
A part of the absolute rights ofthis body, was
lst To Judge Of The election, returns, and qualif-
cations Of its members. There was question but
the body could do this whenever assembled
Another absolute right, was to decide by majority,
on any question.
| Another, to make It's oicn rules and regulations.
AnotheI,to elect lis o1fcersexpressly given it
! by the Constitution.
| All these have no relation, whatever, to any other
department Of Government; but inherent and db-
soiute, which may be exercised whenever the Senate
Is convened ney COulu not assemble IN the city oil
Philadelphia or at any time they thought proper
/ But, whenever assembled these werc inherent abso
lutte rights which might be exercised beyond all con
| troversy- beyond all dispute.
What other rights were there There was tho
relative right when session of Congress takes place
of acting in Legislative capacity. This session o
Congress must occur once in the course of year.
other day be appointed by law, the Constitution
says, the first Monday in December-but might it no
| occur in some other way2 1t might. And wheI
| they were assembled then the cdSus occurred wheI
they might exercise their legislative rights. Whei
they were assembled in Congress did that prevent thu
exercise of their absolute, inherent rights Nigh
they not elect their officers And turn out their
| bers who misbehave themselves
There were other relative rights. The Senate wa
| commonly called part of the treaty-making powe
and of the appointing power. These powers they he'll
/ in connection with the President.
i Another relative right inherent in the body exercis
ed when the proper call presents itself whether the,
happened to be assembled in session OF Congress- 0
/ when the other House not in session. and whel
of course there is no session of Congress, was tn
power of electing It's officers.
1t must then he apparent to every one that there
can be no doubt that this Senate possesses the abso
Lutte Inherent right to elect its officers when
happens to be assembled without reference to any ohe
case, when it may be called TO exercise reativ
rights
i That being true, let whether or not the prin
ter be officer of the Senate.
The Senator from Ala says that he is not an officer
but quasi officer. He (Mr. b. did not exactly un
derstand this. He had heard of such a thing a
quasi corpornton-a body possessing of the at
tributes OF corporation, but wanting others But h
had never heard before of quasi officers They mus
be officers who have the name without employment
/ Now, what is an officer Webster in his Dictionar
the best perhaps in the English anguage-has thu
defined the word officer An officer is one who ex
ercises Office Of some kind" Office particua
duty, charge trust conveyed by public authority
and for public purpose; employment taken by com
mission from Government, and those who administe
it," II might also be duty or employment of pri
4 waite nature.
Did any one undertake to say that the printer haC
no employment Ii he had none, he agreed with tn,
Senator from Alabama, that he was quasi officer
But if he had, he was He was trusted with Tho
printing of all their docunents--their confidential
too He thought the Senator from Pennsy lvani,
would find some difficulty in saying that be no
an officer. His employment was very important; al
the Journals and private proceedings trusted 4