, 1859-02-09

oftaxes;' SegatiTed BY ayes Is nays e-nosteo-
sEsAsE B1LLs on THIRD READING.
An aot to amend tho ch5Fter of the Chicago
SaFinRs' Institution aud Trust Company. 40.
proved February 1o1h, 1857. Pzssed-ayea Is;
noes 2. -.
An set to incorporate tie town Of Sullivan. ia
houlsrle county Paased-ayes 13; noes none.
Adjourned TO Monday, at txo O'clock P. II.
HOUSE 49,:
ruE APPOINTMENT or wx. D. rosrE1 Is STATE
AOESf.
Iii, DIETRICH, from tue Committee on Finance.
reported 10 uot to authorize the pay uent of in.
terest on State indebtedness, 10 nueud and
P tss The same- The bill and amendment creates
stats Agent, {"i4liam Foodey) vias, s.'a-
tor two years. aud giTe bond for {600, 900, ap,
proved Of BY the: Supreme Court. His duty 10
be the payment Of interest, manager OF State
stock, etc in NeV York :.
hr. Chufch commented On the bill, contend.
ing that il wis clearly Unconstitutional, iurs
much as it created an Office und proposed to fill
II by election BY 1he Geuerul Assembly, which
~as in violation Of art 4. rec. II, and moved to
lay the bill ind amendment on the table. 3.
nj. Delrich explained the provisions Of the
bill; and cqntended that the: appointment Of Mr.
Fonde5 was cot upcopslitutional -.
BIT. HuElbuL Ihe bill as originally reported
to that committee, aud Is at the last meeting
consented to. wae, ss this amendment provi es
for, that the appointment OF this ttti;er should
be by the Governor, with the odvice ard corr
sent of the Stnate. Since that time, ct suisse
quens meeting OF the committee, OF which he
Was never awsre, it appears that au amendment
was introduced desire. lg this connection, to
rend 10 the Honse the 721h section Of article 4,
Of the Constitution, 1.-THE Governor shall ponli-
nate. and By and with the advice and consent Of
the Senate "a n@j ority Of the Sanators CONCUR.
rlng) appolrt all et6cers whose Officer are estsb-
1ished by this constitution. or which may be
created bY laE, and wboss appointments are not
otherwise provided fer; and no such c9ictr shaA
BE 6edppoiuttdor electt3 By The Etntral ASSEMBLY"
Az u member OF The connittee, had l te5n
present when that amendment was prcposed, l.
should have bsen compelled to vote sgalhss IT, Z
Mr. DIETRICH. ] contend thht the objection OF
the gentleman from Boone {Huribat) does not
hold good. Time uud sgaln las this boGy eu.
acied laws bJ which they have appointed aKfnta
xnd commissioners. This is no more ,an ottics
than the peniteutiary agents and commissioners;
1t il no more an utt3ee than olher, agents and
commissioners appointed By acts Of the L.gislA-
1ure. The objection Of this gentleman would
bold just as iorctb'y uga cat The sppointmens Of
tue penltent1ar} commissioners or other agents
Whlcn the Legislature might see proper 10 ap-
point IL to this measure. We cre4te no tiIice.
rhs bill, a. amended. simply provides for the
appointment OF IN interest, and transfer paying
agent in she city Of New York
Mr. Churcb.-l, sir. am not disposed to differ
wi1h the gentleman in his assertion &hns similar
things have been done befnre. aU wiling to
20 SO far as 70 saY that ! behave hare been
; compelled to sit here, both 1t this sessinn and
tor ner oues, aud SEE The Iine torn frurn The
Constitution, but don't propose to see it donr
and remain silent. The fact ai5 that 1t isas been
done before. docs not justify the doing Of it
now. Gentlemen ssT taut this is not 40 eGi-e
within toe msan'ng Of the; ;Cobstituttou-not
such an officer but what this General Assembly
may elect. Sir, the argument usad By the gen
tseu1an h4s 90 much furce aud no nlors than Ihut
K,ren BY the Justice OF the paacs, when the pet
.ifagRer aa.d that Justice of the Peace could
cot render Judgment for more than $l0O
"0h, he can't' said be, '.losk, look here" spd
be saowed Inn lbe dacket, to shaw him that hs
dlk II. We CAL do il, BECAUSE Ne hive doaei it,
but oecaute We huve doae it, it does not foitaw
that ne may coussitut.ona:ly do il; that because
We have the votes to do II, thHt we have right
10 d. It. am wiling that this question should
20 Out aud that without further ditcusslou Or
explanation Of the thing. thai the simple qaes.
unu ns 10 Bbether it il an office IN violation OF
'he Constitution, and would like TO give it out In
tha ahape that 1t is IN.
The disc assion WAS continued some time On
mtttYn OF Sit. Church TO tay tho bill on 1he
,a'ls, which v4s decldsd in the negative a. fol.
lows: ,..-
YE4s -,Mesar.: Baker. Blaisdsll, irace, Brew
er, Bfsant, Campbell ef Ii SA!le. Cnurch. Trad
DICK. D4ei* of Stephenson, De Wolf. Glm re.
aa'ues. Axmon, alck of livingston. Hood,
Austau,, 1.ssoh Mack, Mccall, Mlses, Mnore,
Mosiey, Aorsou, r..,ep. Peck. P4ato,: Rice,
S:her1. Stickef. Sweet. Townsend, EsrmrlTes,
Whtse-E3
NArs--des.rs Anderson, Hane, Barratt, Ber-
ry, Campbell Of L,eao, Cna m n.y.. Dar,o Of
Montgomery, D=:rlc1, Easte, Epler, E.wln,
Forth, GrEhau. Gsten, Hacker. HANG Hsr.
di1g. u1ek ef GAltntlu, Hit, Hostee, Job, Kelly,
k.n,;. AcE!valne. s1etc4't, Powell, Pulley.
kseseve!s. Rush, Shaw, Ss,Eley, Short, Slpes,
ss!p,tsP ss:*p5tsqso::;; 5; opdss''a '*''s1n, "0'd: nf
ABSENT aessrs. Basz. Higgins. nccIeave.
.Mr. Church moved to strike out the name Of
William sondey and insert tthe Governor
by and with the advice sud consent Of the Sen
ate, shall appoint citizen Of the 3tase, &c'
Atengthy discassloa easusd il the course OF
which -.
| ty does the Treasurer'of this State appot,!t IN
| agent IN New York; Doesb be!nos appoint such
~ agent? He ssys the SALARY, will not justify
them in going there aad pairing cut this inoney
a an excuse for bis right 10 sppoins any agent,
as understand Of tbs Treasurer, Of: this Sials
Tho Treasurer is an honest man im3ugn
no mans motives, for al1o1 no man 10 inpugn
mine; be diHexs with me ~ others DO. and L
oooctds 10 them that honesty of purpose 8hic b
upright men possess in this and o:her couotrt +.
But BY what authority doe1 the Tteasurer ap-
point Ibis nRenty The Treasurer gives bo1d
in the auu Of tlQ0 Qo0. Tae t1ortraor has 3
right TO inorsess she bends, He dues aut do it.
This bill, then, proposes to appoint Al agent and
Court, IN tns sum Of 3soo. 90. rhsss men, BE-:
Jond all doubt, will d,schargef their duty, and
see that the security Is good. II will bring no
risk to the Ssase. Here desire to saY that du
nos wish 10 ~ understood IS; raJi1g>.th1t the
money Of the eYeop'e is not sate IN the't'andsu'
ed br- the opposite party. take, OCCASION "a
saY ,has kew him in heu,ucty-ih haye known
him from boy hood, and hare ever known hi 10
ss M upright, honorable gentleman, ia rhoss
hands, without security, money; would xlwaJa
be safe. an for this bill ..:::
to be apparent to the gentleman with h,s boast.
edintslllkeocs. 4saaya, - what authority has
Abe TIT ssurer.to sppoins IN ageoty who ha1
contended shat he has the authority? he ap
| points that A2ent ~ matter of necessity. Va
| arc not arguing that If be has not tho sulhaf-
ity-if be Gas usurped ,he authority, ffane yonl
lsw to correct that evil, but it Is no argument t.
| ssy that because 0ne eril has txistcd, that va
soonld get up another evil aod violate the con
e.ttutlou in furuishing . remedy. Don't, in Or.
der 70 do a. evil. justify II bJ saying that moth
4r svil exist&. Tnis idea Is very absurd, calling
it an agency and calling it m etiice. Ii is liks
,he hpy hist eaid tho ebeep had kre tegn Hos
il thati Says be 1t hes tour legs and atsfi -ba
calling abe tail a leg does not make il e-le8. 81
here, calling it M agent does not mako II II
agent aud not M officer. Why The word cf6ee
drops Inadvertently from The lipa OF tho mel
discussing the question The gentlemen iron
Randolph called it 40 office sad sp officer - he
tpoke. 1t is useless for d 70 Try 70 cheat our
sea7es in shA waY- We do vioaHie the consst.u
tinn- We d. aiys him salhy and make hia
IN ofh>er. Ii The presunt system is wrong, cor
rect it; bring in some constitutional :nods4s
remedy The evil. bnt do not justify you1selve
; oeesaso IN evil exists ii adopting another. N,
greater evil
Tbs dtscuesiun WA continued in a liYelT man