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

have no power under the law to elect such person for
we have on power 20 elect our officers, the law clearly
contemplating. the Secretary, DooFkeepcr Sergean-at
Arms, &e. These officers ehave elect but the PriR
ter is employed ly Well sir, / fully
with the genegaau from Hendricks that the Printer is
contractor and not officer and that such we have
power Interfere with his contract hut
ting here to propose To the people OF the State
th, old Constitution aside and adopt new ono in its
stead Sir ii consider him either as an officer or
contractor we have power over him. II is said that
we have power 10 elect all officers and Printer
among the but how will that tally with PROPOSE
ION OF tins kinl The Attorney General for your State
IS an officer Of the State Is necessary to appoint
Attorney snera for every set of cases that NAV
nrise2 Or shall that officer liberty prosecute and
defend all suits that NAV arise well as those IN which
the State is engaged AT the time Of his appointment!
You have Secretary of State and YOU impose certain
duties upon him. Shall he only perform those dnties
which existed when he elected shall he perform
all the duties belonging to that department. You have
already eaed upon the Secretary of State perform
vices and YOU vet have occasion to to call upon HIM
TO perform other services You may have occasion to
call upon the Auditor and upon the Treasurer for reports
Shall that is necessary for us TO elect all those
officers, because have occasion TO avail ouseyes oil
their scfvces2 viii YOU turn Mr.. Test out oil doors
and pat another man in possession OF the Records and
Seal OF the State because you came here with sovereign
authority! believe that will 90 far that,
vet you tell M that because you require certain services
to he rendered by the Printer it is that
should elect him. You want the Printer TO send IN here
certain therefore, Won must elect him. Bat
You also the Secretary OF State TO fun nsh you with
copies of documents, you therefore elect him
well as the other
perform the work required by this Convention, there
doubt he would be liable on his bond Ior the nonper-
ormance Of his duty the State Sir, we are not above
the State OF IndiIna We not above the Legislature
Of the State and let to gentlemen that IT the
people any time resolve themselves into Con-
vention for the construction of new form OF govern
ment. they may also draw the sword and pcrpeirate
revolution whenever they please. know it is ar
srued that might gives right, and in that view all com
rnuntes have the right to assemble IN Convention turn
old officers and elect new, but that is not the Amer
lean idea The idea Is that government grows out
OF another naturally the shoot grows from the
seed that is planted This doctrine most ably
vassed the great OF Rhode Island alnded to by the
gentleman from Hendricks. happened 10 near the ar
guments in that in The Supreme Court. The issue
directly brought up as 10 the validity OF the Dorr
government and It argued with great plausihilty
that the people possessing the original sovereignty have
a right to resolve themselves into form of
ernmen and abolish the DID, without any preliminary
steps having been taken by the old government The Su
prems Cont denied this doctrine in the roundest
They held that majority of the people OF Rhode
Island could not have put in force any such Govern
Well sir let me ask the gentleman from Cass, by what
authority we privileged from arrest! Are we rs
mcubers of this Convention privileged from arrest
no perceive that the law provides that We shall he
privileged from arrest to the extent that members
Of the Legislature arc Now without that provision OF
the law, now could avoid the ordinary usual ar
vest of orr persons herel We not the Parliament of
Great Britain. We the Congress Of the United
Stites the Legislature of Indiana in all of
which exemption from arrest prevails.
Nj. BIDDLE. | do not deny that citizens are
amenac but deny that by virtue OF be-
ing members Of suei body this, we would neces-
sariy be privileged from arrest. As citizens we arc
exempt by the law ofthe State.
Mr.. PETIT know rs citizens we are exempt by
the law of last winter. But will put this question:
Suppose pass a resolution declaring thar members oil
this body shall he exempt from arrest only the
If tho lint
e., is there any Judge or lawyer IN this room who
would hesitate of moment to say that such act OF
would he nullity transceGdng our authority!
Ii had been privileged by law, would not priv
iege ourselves We might by force protect ourselves
from arrest, but il would be lawless act There
be question that amenable to all the laws that
in firce in this State. Ws can neither make nor
suspend the operation of any law. Ii do that
well order ourselves TO be paid SIX dollars
day any other sum we please. The present COnsti
tlon of the Stat: provides that money shall not be
drawn from the treasury except IN accordance with
appropriation made BY aw-lnd IL is the Consti
tuti1a unler which we are Sing-ior meeting here
has aIrOgae it. Can it be said then, for moment
that we are without the shield the protection OF the
Constitution OF the State OF Indianai No surely
will entertain such idea, undertake enforce it.
The same Constitution says too, that no law shall be
made abrOgaung or mpalrng the Validity oil contracts
Me-. Chapman is at present the State Printer He
tered into do all the printing OF the State
Shall we, body sitting in accordance with the CON-
mands OF the Legislature, undertake do that which
those who created could dof Is the agent great
haa the principal! Is the created greater than the
crealOr Yet the doctrine is propounded here and argu-
ed with some degree OF assurance, that should take
upon ourselves impair the obligation of
Now have made these remarks at the suggestion Of
the gentleman the way, and after II seemed to
that every gentleman here had said everything he desir
ed to say. diselaim anything like feeling in regard TO
this question: | told by those who entitled to
respect that the entire profit he derived from the
printing OF the Convention, cannot exceed $780, and it
does me that that Is matter not worth great
tunity wlsch is accorded in the debate Of avowing
my opinions upon the subject They will plain the
that shall give. shall against concurring in the
report believing that printer is provided for Nor
do agree with the gentleman to the appointment of
another ofFicer-I mean the Senographer who ap-
pointed report the debates Of this Convention And
ask is it in power to reject this offcerl l hold
that we have such power. The Legislature created
the Office and the Governor commissioned the officer IL
not for him inquire into
has right to hold office. will put a case: Suppose
the Legislature had said. that the Governor should APP
point yiua sit here from o'clock in the
ing until O'Clock in the evening, and keep ygilant
eye upon proceedings and take down st:nooraph
&c notes every artcuate sound that uttered could
thew not have done 500 IL appear to they could
and that wOul have had right 10 erpose. The
Legislature directed the Governor appoint and COM
mission Stenogyapher. The Governor did so, and he
necessarily portion OF this Convention
on tbs hoors and have no power to remove him If
desired 10 do So except Tor such Will not sup
pose will Occur-namey, disturbance disorder
the part OF that gentleman, but in such only
woul we be al lbery 10 expe him anv other officer
OF this Cppven ion. take il that sit here have
said with Ii nied powers in all reep ITS except one
have the unlinircd power Of making propositions.
But who pretends TINT adopt Constitution and
make it hnn1 upon the people OF this State without
shall he submitted TO the pcope7 Ca revoke that
provision and enforce obedience the instrument
may frannel No ona will pretend it, Yet if we had
I.avo ltonu