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

Their rirfk Eite band AnA - nsa ~ net IFniota-
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a ssfi..i A. &c rscssasfy In.iurIisa What. then,
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lhfown ", ~ uee" 80 s,is s.-.e 1855 -
tins thai tiels fahi % sicti "a ihis uiaanfI -
/ They wSail a. a. Whrh thry Nd 80 Ass of ss days
/ 20 Ttnaia n poNcr We gave then iai wsratnR ihai 4
Ne sh.,,id ,sfaiss tgif aoefs Wha hi ibflF eiiico
Mwtn wAs en- fKocss AZ nfst poesr, ADD We
should submit No ongrr than ~efs esa.leiled % -
/ Il was an ahoss Of pogef. Nas " eKseuta ne /
current wofk Of the day ths hssss apPanielf ~
tho terms II thai Fssoluton ~as Prsspfstfs sf |
pointmcnl-it Was Undertaking % siss thsn PfinieI
Tor the 9Th Congrcssto aniicpeis ths maiiel, and
80 Cor Two years 10 come Ne shouid be comHsd thls
10 support a mere partisan edaofi paPf thns had
been eKitemely wanlon - ss seefse a.ai,g - ,es'
species Of dctFAoon, both 20 inds1daais and cha
racters and members of The party,
/ Il was an abuse Of power their part and the
party now in power would Il Ia coutcting this a
Mr. BENTON sasrcd Ihe following amendment
TO the resolution
Rssolped, That Blair a Riyes having heen dolly
elected printers 10 the Senate durig The late session
OF Congress under the juint resolution VI The I've
Houses providing for the election Of printers in Con
gress, and the Senate having acted with open doors
nd init In
il is not competent or the senate acting alone p
its executive character, 20 snnu the clection, and
thereby dyesl the rights which Blair 4 Rive may
have acquired from that election, and tho contrast 20
| sultng from Il.
| Mr. BUCHANAN would say a Few words In re.
ply TO the Senator from Delaware. The senator said
that the printers were officers. Tie should not nov
enter into that argument he thought he bad shown
conclusively, that the printer was not an oiicer lie
said he was just like the Collector Of Customs 10 New
York or the Secretary Of the Senate here He asked
the Senator from Delaware one simple question; Has
not the Senate IL they please, night 10 make con-
tract with q mechanic, be he officer OF NOT QDseo 20
endure for two years And y they have a night TO
enter Of this kind have they any right 10
nuy it, by declaring that the officer shall continue
! no longer in Office
| Mr. BAYARD said: Unquestionably, tho Senate
might enter into contract but all the terms Of the
contract must be considered. Part Of the terms Of
this contract was that deieasible in It's
ture But if the Office be held at will the ingredient
incorporated into the contract ITSELF and therefore
| it was deieasibe at any time.
/ Mr.. BUCHANAN continued. This was just as
he understood from the Senator. This Senate had
a right to enter into contract to do the necessary
work for the Seuate for two years. And although
they did it solemnly and promised that they would
employ for two years, they had right TO devil
from the contract the next day, because s Office
1Das defedsible.
Il That was the position; and if any Senator, how
ever ingenious he might be, could define such
ha uiy forh i'm
ing. The terms of the joint resolution were as pre-
csely fixed if each member of the Senate had en-
tered into a contract with this printer: on shall do
the work for two years and if you do not do the
work according to contract we give to Secretary
power to have the work done by some other person,
and charge you the difference between the contract
/ price, and the price paid for doing the work"
The English language could not make more bind
| ing contract than that The resolution was passed In
1919, and if it be the with an officer of
the body attending to employ in this chamber
as the Sergeant for the purpose of keeping
der in this Hail. be quite at loss to understand
its nature and character-a resolution directing the
manner in which the printing of Congress shall be
executed and fixing the prices the precise items and
the pay. The concluding clause was, Each House
shall proceed to ballot for printer to execute 1.-The du
ties OF an officer? No. The word ''oficer" not
mentioned in this resolution but to execute its
1oork !" and how long, "During the next Congress"
The printer then, employed to execute the duties
of the 9th Congress-not the duties of any Office
whatever. And that was the very reason Of the adop
ton of the resolution; if 1T was not for this,
could be elected printer for either House except
Gales & Sea,on, Blair g. Rives. II was absolutely
necessary, in order to prevent monopoly-to enable
the mechanic to have his materials here And let the
printer now, bring him from New York Philadelphia,
4 Baltimore, or Richmond,-le him set up an esta-
blshment for the purpose, and the first day of
a the session after, dismiss him. Say, the Sena-
tor from Delaware does you took this contract
under the implied condition that could turn you
out whenever we pleased" No. sir in order to pro-
resolution passed; and absolute contract was
to be made for two years, which the Senate has no
right to violate it did not refer to office at ALL but
placed the thing on its proper ground and the party
having the greatest number of votes is elected and
shall give bond for the prompt accurate and neat
cuton ofthe work and in any unjustifiabe de-
lay should be experienced the Secretary authorized
to employ another, and take the extra charge paid
from the salary of the printer. Would the printer
e casually employed be an oflicer2
Throwing aside Ill the ingenuity of the arguments
used on the other side was not this the very case.
have entered into contract with to build me
house. provided that it be done in two years take
bond and security in proper for its perform
ance And if he does not do it properly may employ
another, and charge him the difference, and am tc
pay him certain stipulated price, when completed.
then turn about and say reserved, in my mind
the power of annuling this contract and above law
annul this contract, and you shall not recover any
S thing from me for it,
They had neither the moral nor the constitutional
right to violate this contract, and if done, Blair &
Rives, day other, before some tribunal, would
recover full indemnity for all losses sustained.
Y Mr.. CLAY, of Kentucky, said, when the appoint
S ment of Blair and Rves took place, about ten OF
twelve days ago, his side of the House they cons
dered it of the most extraordinary instances o.
, the exercise Of high handed power which they had
witnessed from the other side during the present
r sion of Congress.
1t was admitted then--avowed then 10 be act O
poUer--purc, nakel unqualified power. On that oc
cason they had given notice gentlemen the Other
side of the House-to the world and the Printers
that if they did 90 election, under the exist
ing circumstances they should at the earliest peloc
possible endeavor to correct the procedure by dsms
! sion of them from Office And on the 4lh March, tn,
/ yetr of our Lord lS4l--the very day when thes,
printers contract commenced operation, his FRIEND
, | (Mr MANoUM) who sat him offered the resolu