The southern press. [volume] (Washington [D.C.]) 1850-1852, 1852-05-04

structiou of the law as renders that law entirel
/; impractcable and know my friend, who il
}, distinguished lawyer, aud nm satisfied that tn
r rule of construction which has been UNIVERSAL
0 adopted by th who administer justice upo
Q the bench, wo never jnstiiy such a construt
c ton upon any Iaw as to render that law imprae
0 ticable.
r Mr. PARKER The gentleman misappre
herds my remarks if he supposed | insisted
when that committee had made report to thi
House, this House would not take action upo
the report, and make what disposition the
thought proper ! did not intimate anything L
that effect Far from it. My idea was this
that this committee was tribunal not create
by this House, but by the law of the land
that the law prescribed their duties, and the line o
their duties under the law, was-beyond the con
troll of the House. | hope ] am now understood
Mr.. VENABI.E This is precisely what
am coming to. Who are to judge whether the,
are or are not within the line of their duty?
! Mr.. PARKER. Let me observe, whether
they are or are not within the line of their duty
we cannot instruct them. We cannot instruct
them, because they are not our own committee
There is portion of them belonging to us, but
that is not the committee. II is tribunal, as
said before, constituted by law, and we must 90
to that law to ASCERTAIN their duties
Mr. VENABLE Clearly, but they have
made their report to this House, as understand
the decision of the Chair.
Mr.. PARKER. My friend from Virginia put
the matter in bold light, which would strike
any one at once. Suppose we gave one in
structioD, and the Senate give another, only half
Of the committee belong to us.
Mr. VENABIE The difficulty is imaginary,
and has no real existence. II cannot have es-
Loo nod iba .ufo nft ffppu that Tho la IN
of 1896. to which he refers, recognizes the two
committees AS having separate existence, and
only acting as Il Joint committee when directing
| the printing of Congress as contradistinguished
from the printing of each House separately.
| The extra numbers ordered to be printed by
| each House are referred to the members of the
committee of that House. But we can displace
our committee believe in the usefulness Of
| the power of negation, and if our committee
does not do their duty we can displace them.
Clearly the House has the power to remove
them at any time they think proper. Any other
construction of the law referred to would re-
cognize power which | never supposed scarce
| ly to exist anywhere, and certainly to have no
advocates in this House. ! will state my view
of this subject. This committee has made
report which gave the House jurisdiction, and
the matter is before the House by the vounta-
| ny act of the committee II you, Mr.. Speaker,
were Judge, you cannot compel my colleague
from North Carolina, Mr. AsHE, and the gen.
tleman from Tennessee, to bring suit in your
court; but SHOULD one of them file his bill sum-
moning the other to answer, the jurisdiction Of
the subject is settled al once. You have the
parties before YOU This House cannot compel
the committee to report. They may be removed
by vote of the House, or they may be Gen.
sured; but the report must emanate from them.
You have no power to make it. When this
committee make their report the question of
jurisdiction is settled The committee are be.
fore US, and tell US what they have resolved to
do; and it is legitimate for us to say we do not
approve of what you have done, and we instruct
you to do another thing This is every days
practice in this House. This committee, having
considered an order for printing an extra nun.
Der of documents, make their report recon-
mendng that ten, twenty, or thirty thousand of
any public matter should be printed, does not
this House pass upon it!--and if the House
approve they order them to be printed. The
matter is thus by them brought before the
House, and, being brought before us, is settled.
There can be no doubt but that the House has
u right to express its opinion, as well as its
pleasure, to the committee. Let us put case
upon lower ground, that of my resolution,
WHICH, UUly SuSSoSLe u Icqucob vi Iiilo llOuses
and will meet any difficulty presented. pre-
sumo that no committee would have the hardi-
hood to do what this House expressly says it
shall not do. Suppose this House passes re
solution instructing that committee to do GER
tain thing in regard to the public printing |
ask if that committee would disregard the wishes
of this House? If they did, for one, would
vote for censuring them for so doing.
Mr.. GORMAN. ] have declared, again and
again, to the country, while speaking before
this House, that any directions that the House
might give to that committee should make it
my duty, out of respect to the House, to carry
ont as far as in my power.
Mr. VENABLE. | so understood before. +
did not apply that observation to you, but to
your colleague, Mr.. PARKER.
Mr.. PARKER. understand, but | think
you misapprehend the remark of my colleague.
He says that VIVA. ever instructions this House
might give him, or give to that portion of the
committee that belonged to this House, he
would feel himself in duty bound to carry out
upon that committee, but that he could not carry
them out if the three members of this House
were one way, and the three members of the
Senate another way.
Mr.. VENABLE. And then there would be
nothing done. If my friend from Indiana Mr.
PARKER recolleets, said, putting it upon even
low er ground than the one taken BEFORE that the
committee would not, if they knew it, disregard
the expressed wishes Of the House. ] know,
because heard the chairman of the committee
state that he would not and the resolution SUBJ
mitted by me does not instruct, but simply re-
quests. know no committee would, and if
they did they would expose themselves to the
censure of the House. | have no idea, in the
Fl ret place, of violating n clear provision on
your statute-book; and whilst the law declares
that the committee shall in case of failure by the
public printer to do the work contracted for,
take such steps as they may think proper to
have the public printing executed, am sure that
should the House direct the printing to be let
out to the lowest bidder, according to law, this
committee would do it. The object of the res
olution is whilst we have mn existing law re-
curing the printing to be executed by the lowest
bidder, and since gentlemen of the Printing Com
mittee have come before the House and reported
their action on the subject, it is competent for
us to dissent from, or concur in that action. To
approve of their contracts and engagements, or
| to resolve that the committee be requested TO