The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-04-19

a new trial when he knows the Judgment ihust SUN
be the same. That would be n culpable creation OF
costs The decision of the Speaker would OF course
be the same and the decision OF the House would
be the same. The Speaker decided this matter on
yesterday when the point was made, and there was
no appeal from his decision. consider the matter,
therefore as settled. We Of this Congress have set
tied it by tacit consent from the opening OF the
session, when the Speaker must have been guilty
of usurpation when he exercised the right, inc au
thorty, and power to constitute this committee
lust as il is And, sir, understand that IN this we
did only what our predecessors have IN ike man
ner done. -,
Now Mr. Speaker, what is there so terrible IN
this case? | know how mems feelings and sensi,
biliies are wrought upon. | tell gentlemen that
this law with all the power 1t gives this conht,ee,
was made for wise, practical purposes; NO other
law than Just such this Will do for all cases
that may arise. This country has for years been
engaged in an extensive system of pubic works
Millions and millions of dollars have been ex'
pended--and, had almost said, millions OF MI,
ions--in the public Improvements in the different
States Yet, what s the fact III regard TO thcse
works. | have had occasion 10 look into them not
only in my own State, but in New York, Nlnssa-
cbusetts, Pennsylvania, and Ohio, and In every
instance where the work was being constructed
under a general law the whole matter III relation
TO contracts, where made, the progress and KIND
of work. is referred to the engineer in charge.
Mr.. VENABLE. Do understand my friend from
Indiana TO say that this committee is wholly IRE
sponsible TO the House; that under the law, the
House cannot control or restrain them!
Mr. PARKER. do most unequivocaily ana ab
solutey, in all cases covered by the law, as uee
this case covered.
Mr. yESAnLE. And, having reported their nc
ton TO the House, il cannot have any iurther con
troll over the matter
Mr. PAaKER. So far as the law covers this case,
their power ia supreme. The law made 1t so
There can be mistake about IT, But was gong
on to elucidae this question. say that when we
assume, as q body to settle these difficulties, we
load very large gun to shoot small game, and
game, too, that is ever on the wing The commit
Zee, most wisely have absolute control IN TINS mat
ter. They are not required 10 report TO the House
in relation TO it at all and am only surprised
that the committee have given way to the respon-
siblity and delicacy Of their situation SO much as
10 have done il. IL only shows their great deli
cacy, and their disposition not to act further than
the majority of the members upon this floor would
approve, were they placed IN their sliuauon-hot
that they were required 10 do so.
Mr. FREEMAN. ] desire to call the attention of
the gentleman to this very point, for the gentle
mans remarks agree with my own opinions. !
desire to call the attention OF the gentleman TO TINS
interrogatory: How was this matter brought before
the House!
Mr.. PARKER Out of order
Mr.. FREEMAN. Not by regular report OF the
committee but by the introduction of 4 resolution,
by the gentleman from Mississippi, MIR. BRowN,)
calling the attention of the House to the subject
Mr.. PARKER. That was out OF order
Mr. FREEMAN. Thereby forcing the committee
to make report, which was commenced TO be
made verbally, but finally written out Then the
discussion came up ON the motion made to .print
that report, by the gentleman from New ORR,
mir. HAVEs) Upon that motion this whole de-
bate has ensued Iconcur with the gentleman from
Indiana that the whole matter has been out Of order
from beginning TO end Ii has been out oil place.
and it ought 10 be laid upon the table.
Mr. PARKER IL seems 10 Inc that there can be
nothing clearer. This rule was made in connex
ion with that body at the other end OF the Capitol,
and we cannot alter il ourselves, II we desire.
Mr.. STEVENS, Of Pennsylvania. ] understand
the motion made TO refer a bill, In connexlon
with this subject, TO the Committee on the Judi
cary, with instructions to them to report back
bill providing u plan for executing the printing.
Mr. PARKgR. The motion was 10 refer the whole
matter 10 that committee.
Mr.. STKvESs. We'll, | understand they are in
structed toreport back bill upon this subject Do
understand the gentleman to say we cannot do
! that
Mr. PARKER. | understand that we have a Iato
already in reference to the and that we cannot
interfere with the duties under the law oil the Com
( mittoe on Printing. Why, air, in this debate. We
are, as We are proceeding, mixing up with the du-
tios Of this committee all the politics OF the coun
try. We can have nothing TO do with them in this
/ wise.
Mr.. CLrsoAAs. viii the gentleman allow me tc
AK him a single question: agree with the gentle
man from Indiana that the public printing has beer
| given to Mr.. Hamilton, and If there has been any
neglect upon his part, THE committee have ampl'
I powers 10 remedy IL They may go on and get tht
work done, and make him pay the difference IN th'
cOst Of printing, IL II be above he contract prices
But ! will inquire Of the gentleman whether, }
they shall find that he IL incapable OF doing th'
work, they are authorized, under this law, 20 MAKE
a contract for the entire phnung-tbnt IL, for th'
! printing hereafter 10 be ordered,
Mr. PARKER. 1.-THE gentleman will tell me wha
10 the meaning of the phrase cor 10 refuse the WORK
altogether" shall probably be able 10 answer
! his question 10 biz satisfaction
| Mr.. CLISoaAS. That has reference TO work al
ready ordered and delivered 10 him for execution.
/ Mr. PARKER. l do not go understand IL.
! Mr. CLISoNAS. Do understand the gentleman
/ to say that they can proceed upon his bondy DO
understand the gentleman, az lawyer, TO cay
that he believes they could make the securities o
\ the public printer liable for his non execution .
the work ordered by Congress, but never delivered
| to himy
! Mir FRrENAs. Here is the contract IL Estate
that the printing shall be for the Lrm Of the thirty
/ second Congress.
/ MIR CLISoaAS. ! desire 10 ask
/ MIR PARsER. will submit 10 no further inter
1 rupHon. want to hGish what have 10 say, snc
I then the gentleman can get the floor. ] want 4
/ make my positions clear before they are attacked
The gentleman from North Carolina (Mr. CIISc
] NAr) asks me, in substance, II understand th'
Law giving the committee power 10 take th'
toLOie printing from the contractor TO whom Il bal
\ been assigned, Mr.. Speaker, in proper case,
have no doubt bot such IL The law. The particular
clause 10 which have referred in that behalf, en-
towering thcm "to refusc the work altogether" &
such contractor. ~ enough, in my mind. 10 settle
the question. Bot when the whole statute Ia looked
| to-Whcn the several other places in the statute
I where the phrase "the work occurs, and tho pfsc
teal working OF the whole thing are contemplated
see no tor doubt cavii left AZ 10 the integ
| rity Of my position.
/ fake H. cir, that The words "tbe work, ." where
| ever they occur, mean more and no less thar
I "thc necessary printing" ~ Congress that th'
printer may have stipulated 10 perform. In fact
\ tHosc two phrase. appear only separated by on
line near the beginning Of the fret section Of thu
\ set, and are obviously uscd a. equivalent eIpres
sons Subsequently, IN az least two places, thos'
words, "the work, - arc found in the same section
and twice in the next; and clearly mean, as beior
/ stated, wherever found.
Now, Mr.. Speaker, ] NIX the attention Of thu
House 10 the power vested In this joint commit
tee by the law 81 appears Ia the next section
There 10 is expressly provided that the COMMITTEE
"shgH haze rOwER 10 adopf sach mo
be DEEMED NECESSARY 10 reDsdy any neglect O de
lay in the performance Of the contract. An
amongst the powers specifically delegated is this
! 'sto refuse the work altogether" stipulated to b
| performed by him. and, as matter of course, :
employ somebody esc or others, 20 DO 'the work
NJ Speaker, no rules Of Judicial Interpretation
are batter established than thcsc: To resort 20 IN
context 10 determine the meaning Of all words an.
phrases found in the particular statute, and 10 al
ways give a Uniform meaning 90 the Same word
and phrases Whcnever found recurring. Thu
guided, ! zee no escape from my conclusion. 30
the Rcntlfman intimatcs 10 me that the wOrds 9th
worry - in tho construction VI here this COutrOvcrs