The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-04-17

House of Representatives and oil the Secretary of the
Senate. II they have gone 10 him. Il Is Their iau bu
we could not take this doeumen-whieh ne mas delayed
OF neglected 10 prnt-out OF his hands untl we could
agree upon some one 10 give the printing TO-
MIR FITCH. Mr.. Speaker, it would certainly have
been well for the committee 10 have taken those docu-
menls Of the contractors hands, and retained them
m they could have found some one TO do the work. as 10
leave them 10 be delayed in his hands, and better than
have withheld those which they have never presented
10 him, and which, il to Judge by his own asser
ton and the admission OF the committee, he would have
Mr.. STANTON, OF Kentucky. | am not aware that
the committee have withheld from the printer any docu-
meR except the first part oil the Patent Ohce report
That is document which, if printed at all. must be
printed all alike and when we get the balance OF IT,
will then dispose OF it, II will be time enough for that
when the whole OF il is before am not aware that
with this exception, anything has been withheld from the
MIR FITCH II am not mistaken. my colleague [Mr
GoRMANl stated 10 the House that large portion OF other
branches than executive documents oil the printing had
been withheld but If am, let him correct me- Such
my understanding, and presume that OF the House
generally, OF his statement. Now am no lawyer, and
tits sometimes said that common sense aud law
adctory-are incompatible, but should think the
nonsense reading OF the second section OF The law OF
1916 dictates course to the committee contrary to that
pursued by them in this matter Ii was their duty TO have
taken away from the contractor that work which he had
delayed ected to deliver according TO The contract
and not to have withheld that which be processes TO be,
and probably s prepared to execute and has heretofore
executed. object, further, TO the action Of this commit
tee because they have assumed TO themselves legislative
powerspowers that were never delegated TO them They
have assumed the power OF practically annulling.
pending during this Congress, the contract system--a
power resting with Congress only
come now 10 the remark made by my colleague Mr.
GoRMASla short time since that the committee had not
abrogaed the contract with Mr.. Hamilton Disguise il
as you may the action of this committee amounts to
virtual abrogaOn OF this contract and to suspension
Of the contract SYSTEM for the present Congress at least
They have assumed TO say who SHALL and who shall not
be the public prinler-to turn out Mr. Hamilton, and
thn,
that system declares who shall be the public printer, viz
the lowest bidder II that system to be repealed, it is
for us to repeal it and with us only there will rest the
power OF elecng printer or pointing out the manner oil
his selection. The committee have nothing do with
either, except TO enforce the contract while exists
They cannot usurp the power to annul IL. or elect a
printer II they believed the contractor could not carry
out his contract why did they not come here and declare
that the contract void that the contractor had vio
lated it, and ask the advice and direction OF the House
in the maer But instead ef pursuing this, which would
have been the proper course, they proceed to elect
printer for the whole of the present Congress- and though
they do not formally abogate the contract yet they must
know that the only possible result of their action,
CARDS the present contract must be its aboganon Tor
they propose to withhold from the contractor those por
ted, and leave with him only that portion, his delay Of
which they aege has already violated his contract.
| Mr.. FREEMAN. Win the gentleman permit me to
call the OF the House to the second section of
'dnd be IL further resofred That committee, consist
the House Of Rspssssntavs. shall be chosen by sher
spectve houses, which shall constitute Committee on
shall be deemed necessary remedy any neglect or de.
lay the OF the the work ordered
by Congress- and make pro rata reduction in the
pensaon allowed refuse the work altogether should
be deemed Inferior TO the standard and In all the
increased expenditure consequent upon the perform
ance of the contract The committee shall audit and pass
upon for work that is not actually executed and delivered.
and which ,hey may require % be properly
| MI. FITCH This committee have the power 10 do
what To declare that the contract is void, and that
some one else shall do the work No, sir; they have
the power to remedy any negect delay" in the de-
livery of the work; and did they do hat On the
trary, by their confession, they have left all that
work in the hands OF the public printer with which they
charge him with neglect delay" and withheld other
portions OF il from him which he has heretofore promptly
executed. Is That remedying the "neglect delay ~
Leaving that which, according to their statement is
delayed still further delay and neglect and withhold
ing other printing which he prepared TO and
deliver! Is that what the law contemplated Clearly
not.
this House is to be the Judge of the discretion be al
| lowed the committee
Mr.. FITCH. Most certainly.
Mr.. FREEMAN. Well, sir, this committee has by
law discretionary power. Now, there not Judge in
the land. there is not court in the land, which allow
ed to exercise discretionary powers which is not decided
TO be a court from which there is no appeal Now, |
undertake 10 say, legal proposition, that when dis
dictionary powers given by law TO this committee
Judge what is necessary in the case is not for any
member upon this floor TO say when they shall shall
not exercise that discretion
MIR FITCH | am not learned in the law bu, fancy
when the gentleman has been in Congress the short
time have he will find that do constantly exercise
control committees They have never assumed
the power OF acting irresponsible 10 this House They
have no such power they cannot have, from the very
nature and manner OF their constitution
Mr.. DUNHAM. Will my colleague allow TO ask
him a question:
Mr.. FITCH. Why, am beset on all sides by law.
yers.
| Mr.. DUNHAM. | desire to inquire OF the gentleman
whether we can exercise control the Jurisdiction Of
committees where that jurisdiction is fixed by law
Mr.. FITCH. We give power, a jurisdiction, relative
to the extent OF which there is difference OF opinion
Who shall decide that difference and define that extent
the agent the principal the creature the CREATOR the
committee or the body which constituted il and gave il
whatever OF power IT has II the duty of the CON-
mittec to have sought the advice and action OF those
under whose authority il actng--not attempt the
exercise o. doubtful pow en- much less the usupa-
They have attempted to make themselves greater than
the separate bodies which created them.
Another objection 10 their action is, that il con.
ceaed IRON this House. and probably would have
been concealed until had known il BY its effects (by
having printing laid upon desks from some one else
than the conracor) had il not been for the ntrod ucton
OF the resolution OF the gentleman from Mississippi Mr.
BRows.1 That resolution elected what the committee
had done and what they proposed to do; and the FIRE.
quenyexpessed sentiment OF the House since the mat
ter has been under discussion has as have reason to
mee and i will be still further changed If the power is
| left in their hands.
i object to il again, upon grounds somewhat personal 10
the members OF the committee. object TO il because il
subjects the committee TO the mpuation and the charge
OF having been governed in the distribution OF this