The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-01-22
THE DAILY UNION,

ID that the former Hease having directed the
printing and distrsudon Of Captain Fremohts re-
port, the oooAs belonged TO the members of that
House, and cannot now be autliorized TO lie de-
lSefed to the members Of this House--and that by
doing So he (the clerk would he sabjecting himself
TO sul1s or actions for SO doing | would ask, If VIC
have no power to RECALL mere order Of former
CongresS II Is assumed that there n vested right
70 these books printed for Distributions in the men,
beers OF the Congress who made the order. Sir
viii be pI~tena thai they have an absolute prop.
cry IN lhe book let Us see how this is, Could
the number 10 which member. is entitled to ha
levied on and sold for his debta Coclt they b. at
iaehed Is II possible that these books, printed
ior diS'rieuron, and paid for out Of the money Of
me treasury, Is the personal property Of the member
and that they would descend to his heirs, or 20 to
hls executors, TO pay his debfi II this would hot
follow, then Is there No vested rights to be nfringed
oy thls order Sif, this question has been decided
siseady decided at this session Of Congress.
Members had come ON here and taken their
seats according to the rules and uragvs OF this
House Notwithstanding this, sir, and notwith,
standing 4 was claimed that the members had
vested rights by virtue Of the rules of the House,
and by the act Of taking their seats still the House
rescinded the order and removed members from their
seats, and submitted them to appropriation by
lottery. The vested right, under the rules Of the
House, was just strong in the case Of the seats as
IN tins case Of the books On that question it was
objected that members could not vote, because pro-
hiblled by rules Of the House from voting in cases
IN which they were personally interested The chair
promptly decided that the interest was as a rep
resentatye, not individual Now # these books
are individual property, then, by the rules Of the
hopse, the members could not have voted on the
subject, because OF the rule which prohibits men,
Der irom voting when he is personally interested
he could not have voted under these circumstances
u Bsimply on The ground that he is not voting foe
himself, but as representative for the benefit and
OF ha COnatItuenta that he eould a. -
own use This is monstrous! Why, what would
be thought Of a member who should set d o shop,
and sell the books voted by the House Would the
clerk distribute books to such a one, for such pur-
pose Could not the House prevent such conduct
IL there be vested right this could not be prevent
ed you woudhave to let us 90 on.
SIR, the representative is trustee for his enn-
suluents Cannot the trustee be changed, for The
purpose OF executing the trust 10 prevent the trust
from iaIngf why, SIR II is every days practice to
change trustee, for the benefit Of the eesiyy que
trrgn insist (said Mr.. T that the members here
have onlys qualified properly in these books, and all
furnished by the same process. Their property 10
only 10 receive and distribute them to the people
They are trustees for this purpose. The order Of
the 18Th instant only changes the trustee; the party
benefeialy inierested-the people-renan as before,
and their interests remain untouched
Why, sir, what contract does this order for dis
trbutIon VIOLATED II il violates contract il violates
no vested right. What contract was there with the
members OF the last Congress for these books
What did they give for themi A member has
contract for 50 per day this cannot be taken away;
did he come here under any contract to receive any
hing more by way Of compensation Certainly not.
What contract 10 there, then, that the constitutional
provision interposes TO protect | can none
whatever There is no contract, then; and there is
no iaio under which the position be maintained,
because the order Is not in the shape Of law is
a rule, order Of this House. IL is not a vested
fiyl m lauy H.. :.
equred the action Of all the branches of the govern
ment 10 make the law. But here this was not the
case; only this House acted in making the order; il
was not law, therefore; it was but an order, and
does not come at all within the alleged operation of
the constitutional protection. The resolution, in
fairness and justice, ought to pass, and hope it will
Mr.. JOSEPH R. INGERSoLL replied briefly
to the remarks Of Mr.. TuoaPsos, eontendng thar
this was high and sacred trust which should not
be violated by this House without very strong rea-
son. And he referred to the statement OF the clerk
as to what had been the unanimous practice and
usage OF the House in such cases.
Mr.. SCHENCk opposed the resolution, as well
on the Arguments OF courtesy convenience and COM
mon justice as Of the precedent which its adoption
would establish. The course OF proceeding was one
which would effect this obiect-y.iat any odium
attached to voting appropriations Of money to print
documents by ono Congress would attach to that
Congress, whilst another Congress, shrinking from
he responsibility of making the appropriations
would take to themselves the books.
Mr., S. offered the following as a substitute for the
resolution offered by Mr.. THoarsos:
Rs.oieS That five thou sand extra copies of Cant Ere
mons report be printed for the members OF this
House, and that the resolution Of the 18th January instant
proposed by this House. in relation said report be re-
| scnded. =
AN INCIDENTAL QUESTION.
Mr.. SAWTELLE to inquire, for his own
Information and for the information of the new
members Of this House, whether any member of
the last Congress had sold disposed Of his portion
of these reports; and whether any order had been
drawn upon the clerk to deliver them to any book
store in Washington
Mr.. RATHBUN rose, he said to inquire whe-
Their the gentleman from Maine Mr. SAwrELLEl had
received any information of that character which
was to be relied uponi
Mr.. SAWTELLE. have.
Mr.. RATHBUN. Then move for a committee
to investigate the facts, and report them to this
House.
Mr.. sAWTELLE. suppose the clerk is pre-
pared To give the information
Mr. RAfHBUN said he objected; and he rose
to TINS point OF orders that it not in order for
an imputnton to be cast by the gentleman from
Maine, through the clerk, or any other person. on
any member Of this House; and The was understood
to say that the reputation Of every member should
be protected unless first convicted through the in.
vestigaiion of a committee.
il is fact (and, if mistake not, was 90 told bv
the clerh) that an order had been drawn upon him
by one individual to deliver these books to a third
party. That was the reason | made the inquiry,
and supposed that the clerk would give categori.
cal answer. ..-,
Mr.. RATHBUN submitted, as a question of
order, that it was not proper for mem Der to call
on tne clerk 70 answer question before the House;
ana That II was not proper for any member TO detail
to the House what the clerk had told him. .
. Mr. saw IELLE said the clerk had presented
the information this mornng-ie e. in the statement,
as the reporter understood. -
The SPEAKER, in reference to the last point of
oruer raised by MIR. RATHBuN-i e. an to the inter-
rogation Of the clerk-said, that il had been the
habit OF the House to put interrogatorics through
the Speaker to the clerk; and that the clerk now
s'a'ed that no such information as that mentioned
by the gentleman from Maine [Mr. S.wrrIIrI was
In his possession.
Mr.. SAWTELLE, Then move that select
committee be raised to investigate the matter.
The SPEAKER said it would not be competent
70 sttbmit such motion, until the resolution now