Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1850-10-31

reads thus The members OF said Convention shall re-
ecive three dollars PEI day while actually attending
the slttngs OF said Convention, and shall be allowed the
like compensation for their travel as members Of the
general assembly are allowed by law and their secreta-
RES officers and attendants shall be paid the same
pensaton the officers Of the general assembly OF this
State paid for similar services which pay together
with the pay of competent stenographer report the
debates which stenograper shall appointed by the Gov
for that purpose, NTH e other expenses Of the
Coarention shall be certified by the president of the
venton and shall he paid by the Treasurer Of this State
on the warrant Of the Auditor Of Public Accounts Now
suppose should employ additional clerks and direct
them TO make duplicates OF papers, to be distributed
upon the desks of members, would not the expense he
paid thu order Of the President We might in this
way superccde absolute necessity for printer. So
apprehend. may employ any printer we choose, TO
do the same work, or may let it to the lowest
bidder. do conceive that this Convention is in any
the State that term Is used in the law relative
to State Printer. Neither would our entire population
if assembled nassse to remodel their organic
law be the State in any such 1t is the govern
ment proper which represents the State, and il is the
printing for that government which the State Printer is
appointed to do.
Suppose the legislature its last session. had appoint
cd board of commissioners lock after any OF the
public interests with the same discretionary powers
which the act under which we are convened confers MP
on And suppose that board were now in session
here elsewhere and need OF the services oil prln
ter is clear thar they could employ another
at their discretonl If such body could so can
The gentleman from Tippecanoe asks whether we pro-
dismiss the Secretary State, and other State
officers, and employ other persons in their stead
swer that they doubtless the proper persons a the
scat of government with whom should communicate
occasion requires. If need information from the
the clerks and auditors of the various Counties II IS
questonaby proper apply for through the proper
state officers. But might in dicrction employ
other persons to procure such information, and make
them compensation for their services Mr.. n. thought
this matter perhaps of little practical Importance but
he inclined to in the opinion expressed in
the report.
Mr.. HOLMAN remarked that in order to arrive at a
satilaetory adjustment of the questions should first be
decided whether the state printer was really ocer of
the State not By referring to the Revised Statutes,
page 100, 1t would be found that the election 10y rfG
vote, there provided for ly law of prosecu
ting attorney State Printer and other officers Thus
there direct provision OF law under which this Of
hcer elected He officer Of the State-so
recognized by the law OF tile STATE He took it Tor
granted then. that If this State Printer officer OF
the State, they must look at the law providing Tor his
election, TO ascertain the purpos OF the legislature In
his election. If he elected for specific purpose,
why then in the exercise of the power delegated to him.
he must he confined within the limits prescribed by the
legislature 1t would he observed referring the Re-
vised Code that this officer to be elected riennaly
and that among other things il provided t.iat he
should discharge the duty OF printing for the State In
connection with this provision there were two other
tons STIMULATING to the manner in which the work
should I've done. The only question he decided then
was, what the design Of the legislature in creating
the office Of State Prnterl As lie had before said, the
Statutes the this ofccr,
that be should execute the printing of the two Houses
Of Assembly and OF the principal officers of the State
hut nowhere it stated that his duties extended any
further. The Office of State Printer created seven
years and the duties that devolved upon him
clearly laid down by the State Legislature Iaasmuch
then as the printing OF this Convention was not then
contemplated, and no provision had been made for the
printing OF the convention in the routine of duties pre-
scrhed the State Printer undoubtedly he con-
cluded that the printing of that convention was not a
part of the duties of the State Printer prescribed him
By the State.
Mr.. FOSTER said that as it was his intention to
vote to concur in the report OF the committee he should
briefly give the that Influenced him pursuing
such course. Being no lawyer, he would not attempt
to reply to the legal arguments OF the gentleman from
Hendricks Mr.. Navel, who had spoken in opposition
to the report OF the committee But, with all due def
to the opinions of gentlemen who had spoken he
he differed with them materially In regard the rights
and powers OF this Convention. For one, he did not
consider this Convention mere creature OF the Leg
stature, although such opinion had been advanced in
certain public prints of this city and elsewhere and also
by members oil the Convention. He regarded the Leg.
sature of the agents OF the people OF the State
Of Indiana and an agent too which in establishing all
the forms that preceded the election of the Delegates
the Convention, only acted in accordance with the will
OF the sovereign people. In like manner this Conven-
ton was an agent OF the people He had been greatly
amused on reading the act OF TIE Legislature with
gard to the Convention, observe the eondescenson
with which they provided that the Convention might
elect President and such other officers as they deemed
proper Why, sir, said Mr. Foster, this Convention
possesses the inherent power of electing all its officers
public printer among their number.
The celebrated case Of Dnrr had been cited by the
gentleman from Hendricks, Mr. Navel to sustain hy
inference the position he had taken that the Leosla
ture exercised supreme controlling power over a Con-
vention chosen 10y the people, He could not but think
that gentlemen had apprehend the celebrated dec
sion of the Supreme Court that point, because the
point they sought sustain was taken into consid-
Grafton by that Court. Gentlemen would contend
for moment that the adherents of Dorr had assembled
peacealy and lawfully in Convention Yet had the
people of Indiana assembled peacefully and lawfully and
sent Delegates here to revise the Constitution The
Dorrites in Rhode Island in state of anarchy :;
they revolutonsts. Not with the action of the
people eff Indiana in raising this Convention They had
invested them a Convention, with the power of
vising the Constitution and for one, hc Delegate
from the people from Monroe intended to exercise fully
and fearlessly the power invested in him.
There were ono or two facts having hearing upon
the question before thsm which he would briefly al
ude In the State of Ohio the Legislature had passed
an act converting the Convention that had assembled
there TO revise the State OBSERVATION-DISCLOSURES in effect
To the act authorizing the assembling OF this Convention.
When the question came up before that Convenonupon
the election of a State Printer what did they do? Mr..
F. here quoted from the proceedings and debates OF the
Ohio Convention at some length to prove that the State
Printer there was elected Printer to the Convention, not
because he the State Printer bur from the fact that
the Democratic party had a majority in the Convention,
and also because they knew him be good printer
A'eApess provision was maue IN tue stpuitloh enter
ed into with him. that the printing should be done at fair
and reasonable rates, those being clearly defined
They thus elected their Printer and he contendcd
that this Convention had similar right. Some gentle
men, however. had said that they could annn the
contract made with Mr.. Chapman. This statement he
would emphaficaly deny An example of nigh authority
he found in the of Blair & Rivcs no
mery printers the United States Snae and who had
contract made session othe Senate resended at the
succeeding session of that body. Blair & Riyes did
not attempt to for damages. Inconnection with this
point, he would read the opinions Of legal gentleman
who, with all due difference the learned gentlemen