Indiana State sentinel., 1850-10-31
INDIANAPOLIS, THURSDAY, OCTOBER 81, 1850.


power on earth that could fasen single officer upon
this Convention, bind the mind of member Of this
body For If this could be done, would be idle talk
OF their power to re-organlze the Constitution and
model the organic law. Such doctrine would tram
mel once and most eecUally set naught the pri-
mary rights of the people in their representative earac
and also, in their character citizens TO
gether and mould the government according their wish
es. Whenever gentlemen could show that the Leos-
nre had power elect Doorkeeper Oh Secretary for
this Convention and compel the body take them then
he would be willing believe that the State Printer
was Printer the Convention.
The gentleman had cited the of the appointment
of the Stenographer but he denied in positive terms
that the Governors however much he respected his per-
and his office, and the wisdom of the of the Leg
satnre authorizing this appointment could appoint
Stenographer whom they could he compelled accept
1t the whole purpose OF the of the Legislature
and organize this body Further than that it
could not 60 He denied the power of the Legislature
to 90 further than that for If they could advance but
step arther it would he to suhvert the primary right
OF the people. The the Convention came here,
as body, they endowed with power to do every
thing necessary Tin the language of the act) their
complete organization and hence they wanted Prn-
ter they ceuld elect him.
Mr-PETTIT, [interposng and Mr.. B. giving way, ]
said, lie understood the gentleman from Cass to say,
that this body possessed sovereign power he desired
them to ask him, whether they could appropriate money
or whether they could increase diminish their own
payf
Mr.. BIDDLE said that was not now the question be-
Mr.. PETIT lin his scat.l 1t is embraced in the
idea OF sovereignty
Mr.. BIDDLE said il would be time enough to debate
that question when it should properly before the
body. He denied that there power earth
that could ascn upon this body any of It's officers. He
did that he would against Mr. Chapman for
Printer; he would readily vote for Mr. Chapman
for any other man. bat with reference to the legal ques
ton, he repeated that power earth could iasten
upon upon this body any OF its officers The moment
COnVpntlOn
the inherent power do all reasonable things effect
the end for which they called together Even the
old constitution imposed obligation here The
monng OF this Convention was primary act oi the peo
pie, designed to change and remould the elementary
powers of government; and this body which
could recognize no human authority except what was
within these walls and belonged the members thereof
and the Constitution of the United States He looked
upon the appointment OF the StenOgrapher wise
provision of law and he doubted that the Governor
had exercised sound discretion in the appointment; but
he denied the power to astcn Senographcr upon this
BODY il they did choose accept of such officer.
Why, lie recoected the very first thing after the
ganlzaton they went to debating the question. whether
they would accept of the services of a Stenographer
The same law of the Legislature provided that the Con-
vention should SIT in this Hail. and there pend
ing question whether this body should not to
l some other place.
He hoped these remarks would not be taken as sub.
versive of law. 1t purely law question which
referred to the committee and. far his iudg-
ment extended it was decided iudciay-uot that Mr.
/ Chapman
Printer to the Convention.
The gentleman's argument was more in reference to
the right, than to the expediency of having such off,
although he went to show that the Convention
of 1916 had no Printer. He (Mr 3D. was not arguing
whether the Convention ought to Eaye a Printer, oI
whether they ought not. The simple question was
whether there Printer already appointed that the
body was hound to receive their Printer.
But it did not seem be hard to answer the gentle
mans notion OF contract, in this place. The Supreme
Court of this State had decided that Office, consider
ed merely Office, not contract But the
Court did not understand that an Office might not
vove contract. Mr. Chapman had given bond to tn,
State, and what in that bond? Why, he simply un
dertook to do the printing for the State. His bond was
analogous to the Treasurer or Auditors bond, and il
eonld be conended for moment that these latter
offices involved either the essence the of
tract.
When they come down TO the question whether Mr.
Chapman the printer, he agreed with the report o
1.-The committee But whether Mr.. Chapman onght &c
he the printer another question. 1t seemed to him
that he ought But, he arguing nothing but the
legal principle, and, in doing So he had looked only al
few broad principles; and he had that If the Con
yenton should allow the State interfere in thing
they necessarily have the right to interfere in Other
matters, which would he absurd He had that
they contend for the right protect themselves
The right elect their officers inherent il
that BODY the right the air he breahed his
natural body, or it the right of any man to en-
/ ploy his good right to defend himself The Con
lvcntion might have as many officers tbey pleased
they might elect them they pleased and for any pnr
pose; and il the Legislature should undertake TO
them one officer, they might give them another. The
moment this right conceded, there was violation
of the very first principle of selfgovernment.
He did not expect there would be much difference o
opinion with respect the legal question but when he
came to the election: that quite another question
while he remained in the performance of his duty
deegate he would by his vote to shacklc
right 0hc he considered TO he inherent in the Con
vention If he We're arguing the question TO the
right of Legislature to repeal what had been done
by another Legislature involving matter OF this kind
4 he should take quite a different course
He desired to notice another thing Though he could
lay his hand upon the page he had been referred
expression of the opinion of the last Legislature upor
this very subject he did not cite this as authority; bat
he had been told that after the election OF Mr. Chapman
last winter there resolution introduced into tho
Legislature the substance OF which was TO conler upor
Mr. Chapman the right do the printing Tor this Con
vention and that upon the motion of some gentleman
il laid upon the table. From this 1t would seem
that testimony could be taken from the floor of the Leg
sature ITSELF that they did not even pretend to sten
their officers upon this body. He made this citation
with difiidence and not all matter OF authority
for there particle of force in it, even IL were
true But aside from this, he would not yield to the
Legislature the right any manner, to raise their au
thority above the primary of the people; for thai
would be to restrict the popular power-tle primary
right of the people establish and maintain such form
Of government as they may think proper These were
his upon this question, hastily thrown out and bn
lily dgcsted; for he had time to put them into book
shape
Mr. HOWE said he should trouble the Convention
with but remarks in reference this question He
had been waiting to hear from gentleman OF the
committee the grounds upon which the committee bad
based their report The gentleman from Cass had no"
stated those grounds This would supercede the
sity of arguing anew the question arising from the con-
Of the of last winter authorizing the call o
Convention, the right of this Convention, under
! that act, to elect printer.
i As gentlemen had argued, question might arise
whether the printer be regarded as an officer on
a contractor 1t clear to his mind. that he ought
to be considered contractor That he possessed none