Indiana State sentinel., 1850-10-31


do the printing of the body, they might mark his
words, that than this thing should be done,
Mr.. Chapman could by authority given to him, institute
suit against the State of Indiana and to the
last the price of all the printing of the Convention.
There was no question upon this point 1t seemed
to him, with Difference TO the opinion of the commit
tee, that this matter could not have been investi
gated by them For it clear to him as the noon
day. that if another printer should be appointed by the
Convention, would involve the State in double pay
ment OF the bill for printing for the Convention And
here he would again call attention page l70 of the
Revised Statutes of 1S43, from which he had already
read.
Again almost all of the printing of the Convention
would nave be done after the adjournment that
it would be out OF the power of the President TO measure
the work and satisfactorily audit the of the
printer whom the Convention might appoint. 1t was
for this that the Legislature reserved the rio to
DO this work by the hand of the State Printer. He
lerred TO the fact that the Convention of New York,
which in 1896 elected printer under law of the
State passed in 1S45 The law calling that Convention
together expressly provided for the election of printer
The printing of the Kentucky Convention also pro-
yIded for by Statute; and the Ohio Convention also.
adopted the State Printer printer to that body. In
fact from all the examinations of precedens, which he
had been able to make he had not found single instance
to support the report of the committee He confessed
that his researches had been mited-very limed-but
he had not found single instance He desired to be
understood entertaining personal preferences what
ever either for the State Printer any other ind ydual
desirOus of being elected printer but he did wish to
the people of Indiana taxed double for.work which
the Legislature had already appointed an agent to do
He had submitted these few remarks, because he
satisfied that If this printing done by other
printer than Mr. j. p Chapman, they would be paying
twice for the same work, out of the Treasury.
He would turn another matter He found in
the proceedings of the General Assembly of ls43 law
which passed after the settlement OF the matter be-
tween Osborn Chamberlain and the State, which was
enacted in order to place the subject of public printing
beyond all cav thereafter. Ard since that time it had
been required of the printer execute bond for the
faithful discharge of his duty, within given time
Thus carefully had the Legislature reserved to them
selves the power do all the public printing bv this
agent; describing particularly, when, and where, and
how the work should be done and out of what fund the
agent should be paid. But the Convention could
not vote the appropriation of cent of money toward
the payment of any mar for this service. hen how
was the printer to be paid! He TO be paid by the
Legislature. But he would ask again. upon what prin
cple and how he could receive his pay? Hemantained
| he could not get his pay at all.
He had submitted these few remarks, under sense
of duty which he owed the people whom he represent
ed and to the State at large; and reason for the
vote which he should give upon the final action OF the
body upon this question. He should be careful in this
matter to avoid that hv which the Treasury
might be doubly drawn upon for the same service.
Mr. BIDDLE said, that having participated in the
action of this committee, he unwilling that the vote
should be taken without expression of the views
which governed them. He had hoped that some MEM
Der of the committee better able than himself answer
the gentleman from Hendricks Mr. Nave) would have
done But. as II seemed the question was about to
be taken, he could not let it pass without word He
was not prepared the gentleman in the shape
in which his authorities putt did he think they
hore at all upon the question. Although the gentleman
set out by defining the question and examining into its
legal hearings, it seemed him that his remarks were
wholly confined to that point Although the author
ty which the gentleman quoted, might he good and bind
ing upon the Legislature, he denied that it was binding
npon this Convention; he prepared to adduce
any authority. The gentleman, himself had declared
that he could find none suit The was, that a
Convention like this not thing of freqnent
nd hey
were convened tl much above other
hority in the State that he hardly knew where find
authority which could bind them He should deny also,
that precedent taken from the Convention ti
her State good authority and binding upon the peo-
pie of the State of Indiana Not that he would speak
disrespectully of other States of this Union nut as
authority he wonld denv positive terms, that their
action could be binding here. And, of courses could
not have particle OF weight upon question purely oil
a legal character.
In the committee he had voted for the report which
was made to this body. And be still thought he was
right in voting although the subject had not received
from him very mature deiberaton. He was convinced
of the correctness Of the report by few general rea
sons which struck him forcby that he had contentcd
himself without looking particularly into the legal au-
tborities.
In this inquiry it became material point ascertain
what the meaning of the term " the State" 1t
had many qualifications; there the Geographical
state the Typographical state the Physical state, the
Political state, &c. He apprehended that was the
political state that had made the contract if any
made with Mr. Chapman, and to that the State Printer
must look But he denied that this Convention const
tued any part Of the political state. 1t very diff
ercn question whether Legislature could take away
their printing from an agent employed ty preceding
Legislature from the question whether this Convention
could do it, 1t a very different question aledge
that Mr. Chapman bound TO execute the printing OF
legislative body, and, that he prnter.to tins Con-
venton 1t very different proposition, that the
Legislature compelled to give their printing to Mr.,
Chapman, and that this Convention was compelled to
do BY virtue of law, the political functions OF the
OfI IndIa Loo
and Judicial The State spoke by the Legislature: she
had other voice. Her judgment was pronounced by
the Judiciary and every other department bound
bv that and the hand of the State was the Executive.
But where is there to be found in either all of these
departments authority call Conventionl Did we
understand from tins fact them that the Convention
rose above all authority in the Satel He did not wish
to be understood affirming that the Convention
without the restraint of any authority; but he affirmed
that they bound by the authority of no human CON-
pact except the Constitution of the United States which
they had all to support He denied that the State
could make single letter or ne that could bind the
action of this Convention Neither the officers
the police of the Convention part of the political
state They found plac in the old political state
This Convention the conception, the beginning of
Constitution government, il You please, and in
that character il necessarily TO all the
er Of human compact, except that which lis members
were sworn to support. As between Legislature and
Legislature the argument of the gentleman from Hen
dricks Mr. Navc) was probably true; but, between
the Legislature and this Conventon 1t had no applIca
tion whatever.
State Printing was involved in contract. That might
be the case 1t necessary to this discussion
affirm deny that He should probably incline TO diff
ferent opinions but he did not care, here whether 1t
were considered as q contract or not one thing
matteso OF contract between the Convention and Mr..
Chapman. Mr. Chapman was elected nnder a law en-
acted before this Convention authorized even in
contemplation. How then it possible that they
could Ia; houoi IN accen of Printer elected appol-