The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-05-06
HOUSE OF REPRESENTATIVES,.

the Committee on Printing, viz: that there be
printed for the Of the House OF Representatives
nifty thousand copies Of the mechanical portion Of
the Patent Office report and three thousand addi-
tional copies for the use of the Commissioner Of
Patents,
Mr.. TUCK raised question Of order-that the
French Spoiation bill was the first business to be
considered.
The SPEAKER overruled the point.
Further proceedings took place; when
Mr.. HOUSTON moved that the House resolve
itself into { Committee Of tie Whole on the
state of the Union, and dispose of the public bu-
sipess.
Mr.. STANLY asked, what is the public business
Mr.. HOUSTON. The Homestead bill, which Is
in committee, should be disposed of as it stands in
the way Of every appropriation bill
The House-ayes 90, noes 77-refused to go into
committee.
The report from the Committee on Printing was
then considered.
Mr.. CLINGMAN moved 'sthat the said resolution
becommitted to the Committee on Printing, and that
they are hereby instructed 10 report to this House
what, II any arrangement, has been made to have
the public printing executed; and. II any other
than the public printer has been employed, to re-
port what prices they have agreed to pay; and that
the said committee be instructed to LET out such
printing as the present contractor cannot execute
to the lowest responsible bidder, after ten days
notice.
Mr. STUART made the point of order that the
subject sought to be -ecommitted is a report from
the Committee on Public Printing directing the
printing of certain number of extra copies of the
report OF the Commissioner of Patents and that the
instructions do not propose any modification OF the
former report, or substitute for it, but relate to the
subject OF public printing generally, and are in
contravention OF the existing law.
The SPEAKER decided that the motion submit
ted by MIR. CttSGMAN was in order. He thought
that The action of the committee on the subject OF
printing generally, Of which the printing of the
Patent Ofice report was part, might very reason
ably be presumed to affect 10 some extent, the &C
a he IN he ndi np A Ia
the effect OF the instructions, in view of existing
laws, II was his opinion that il was more properly
question for the decision Of the House than for the
Chair.
MIR. STUART appealed from this decision of thu
Chair.
After debate, in which Messrs STUART, CART
TER, CLING MAN, STANLY, and others partici-
pated-
Mr.. JOHNSON, of Arkansas, moved the pr,,i
QUE question:; pending which
Mr.. EVANS moved thot the appeal be laid upon
the tab.e and the question having been put, il was
decided in the Acknowledgements l22, nays Al.
80 the decision of the Chair was sus aimed.
Tie SPEAKER then stated the question to be
upon agreeing to the motion submitted by Mr.
CLISoMAs-to recommit the said rcsoluti N, &c. !;
pending which
Mr.. GoRMAN, from the Committee on Print
ing, on the part Of the House, modified his report
OF the pen1ing resolution, by adding thereto the
following, viz "ths cost Ct printing mechauit al
part OF the said Patent Office report will be about
Mr.. BAlLY moved 10 amend the proposition
TO make il joint resolution. He said he bad heard
a great deal about the higher law" party in this
country, and that the object of bis amendment was
TO ascertain how many men Of the higherlaw party
are in the House. And he undertook TO say l.
vas his opinion that OF the branches OF the L.
gislaiure Of the United States sets more examples
Of higher law than any other body Of the zane
number OF men. They DO this every day IN over
riding the rules. BY the Constitution, each House
has authority 10 adopt its rules OF proceedings
Alter THE IL done, these rules as much the las
oi the land-being adopted IN pursuance OF the
Constitution as any other Law, yet in the exercise
Of the higherlaw privilege they were violated. Ga
this occasion there still palpabie oflor,
10 ssscrt the doctrine Of the higher law; aud, he
repeated, he had moved his amendment 10 see how
many Of the higher law party are in this House
BY the law Of 1876 this subject Of public printing
u committed to the Printing Committee Of the two
H0usLs; and during this whole seesiOn, he sad,
there has been an attempt Of one llouse, without
the concurrence Of the Other, aud without their
sanction, TO control the law; in other words, by
practical attempt made 10 nsscTt here the higher
law doctrine. lie said that the committee have
plena,y po@er over THE suhcci; that neither OF The
Two Houses can control the committee; and. fur
,ber, thai when Of the two Houses undertake TO
repeal a law of the two Houses, sanctioned 10y the
President, they are asserting the bigher.law doc
irine. and be was utterly opposed TO hat
A. 10 the rulcs in relation 10 the public printing,
they were perfectly clear, and the reasons were
maniicst enough. When either House has ques.
ton bfi u rs 10 the punbsr Of extra Copies, the
committee OF that House hos the sole authority TO
Gccide for the House 10 which IL belongs. Should
the Senate want a certain number Of copies Of any
document, aud the House another, the courtesy
which bes always bee observed by the two branch
GO allows each House ~ decide or tGelf BOT with
regard 10 the Other question, "a 20 how many cOc
Uinents are TO be printed, and az TO whether the
public printing has been executed according to
contract Or not, that, by law, has been committed
10 the joint Committee on Printing, whose conduet
~ al.
senate, but by law, which is established by the
concurrence OF the two Houses and the approba-
ton Il the President These instructions are TO 60
20 a joint committee constituted by Law; and he
undertook 10 maintain that the House has right
60 give instruction in any ether mode tba by
JOINT rcsolUtion.
Mr.. EVANS said that there was combination
bctwecn the two parties 10 break down the con
tract system. IL Sas plain that the Senate had
carried out its part Of the contract by giving 70
ihe Republic fifty thousand copies Of the Patent
Oitcs report 20 print. The question now WIS,
whether Dynclson and ArmstroDg, o the Union,
should have their part. If they DO not get their
part Of the bargain, II would hot be fair lie wac
against all combinations TO compensate the party
lross OF one or the other party. lie never would
vote the Wbg press Of this city single cent, and
hoped that bs Democratic friends would DO the
same towsris their prcss. lie called upon gentle
men TO Get their faces against those combinations,
and 60 carry GOT the contract systtm, resort 10
public printing Cfiice, o. bureau, With a view to
connection 81 The Government with the party pres
Mr.. GORMAN (Mr. LvAss yielding Tie hOor)
sad that the Patent Office report has he printed
by soInebJdy. ne wished the House 20 understand
that hc bad simply reported the usual resolution
for printing extra number 81 that document.
lie had done nothing more, nor did he intend 20
When printed, twill be paid for at price, agreed
on, unanimously, by the joint committee. He
wished. however 20 state that there viii really lie
no printing unless the House order it. for The com.
Dttee cannot Of Themselves order u 60 be done
The prices agreed upon we're substantially the
same az John 4 TOwcrss bid. II the House shall
order the printing, well and good; IL not IL was ~
the same 10 him. Boyd Hamilton shall 90 IL, u he
can do il according 10 his contract The committee
had done more: All the documents which have
been ~ the hands Of Hamilton for more than n
month and come manuscripts have been there for
four months and baif-bave been taken from
him; those which have not been commenced. There
wac proposition in the Printing minittce TO
confirm the arrangement with the Republic aud the
UnIon, and that was voted down; aud IL was then
agreed that each House should exercise its own
Judgment in the matter. Accordingly, the com
mittce on tho part 81 the House executed a con
tract with Donelsou and Armstrong, who have
been Furnished with ono single document % print,
and that is all in their possession, The committee
have Enormously kept up Boyd Hamilton TO bis
contract; whenever be can comply, they Insist on