tion of the Senate and House of Representatives, approved and signed by the President, shall be conducted in manner and form as directed by said resolution." Mr. PEYTON, of Tennessee rose and addressed the House as follows:

[H. OF R.

uents, and at the same time enabling my honorable friends to act out their principles, and aid me in reclaiming, for each Congress, the exercise of its inherent and constitutional rights. I have adopted the only mode by which this can be effected, and at the same time secure a viva voce vote. I have no petty purpose to subserve. We were for it at the last session upon principle, and cannot be against it at this. Our party is overwhelming in strength; it is committed on this question. We have said that the constitution has been violated by an expiring session of Congress; electing a printer for a new Congress; and let us not bring upon ourselves the reproach of inconsistency, but nobly step forward to the rescue of the constitution. Able, unanswerable arguments have been made on this question in the other end of the Capitol, by a great statesman and true democrat, which, I am sure, will have due weight with all, and with none more than my friends from New York.

Mr. Speaker: I am partial to viva voce voting, and especially to viva voce acting. This partiality, and my great anxiety to avoid encroaching upon the constitutional powers of the next Congress, induced me to vote in favor of laying the resolution offered by the honorable gentleman from Illinois on the table, that I might offer what I am compelled to submit as an amendment, without any encumbrance whatever. What I am about to propose will secure a viva voce vote in all elections, and assert the right of each Congress to elect its printer. I have never seen the time or place when I was the least embarrassed in declaring for whom I intended to vote, and I hope I never shall be so craven in spirit, so lost to that independence which is native in the bosoms of my constituents, I allude, sir, to the powerful argument made by the as to crouch, and hide-do one thing and say another. honorable Thomas H. Benton, in the Senate, on the And, sir, I must be permitted to defend the citizens of 19th, and published in the Globe of the 22d February, my native State from those imputations which have been 1833, on the motion to go into the election of public cast upon all who vote by ballot in their elections. Ten-printer. He had, on the 13th of the same month, intronessee has voted in that manner in the election of all her duced a resolution, the substance of which I have emofficers for nearly forty years; and she has not lost her braced in my amendment. It was a joint resolution of liberty, her gallantry, or independence. And if gentle- both Houses; so is mine. It changed the time of elecmen think so, they are much mistaken. No, sir, such tion of printer from the end of the expiring Congress things depend upon the tone of sentiment amongst men, to the first week of the new Congress; so does mine. more than the mere mode of expressing that sentiment. Here Mr. Benton's resolution stopped; mine goes further, The man who would represent the character and feelings and declares that the election of printer, and all other of her people must be frank, candid, and independent-elections, shall be viva voce. And this is the only matemust be a plain case-no hiding, no dodging. If you rial difference between them. I confess that I should ever see a gentleman at this-who cannot be found have been somewhat at a loss as to the powers of this you may feel, but cannot see him—who leaves no sign-House in repealing, or in any measure changing, a joint cannot tell which end of the road he has gone-if you catch him out in a snow, get on his track, and are confident you have him; but when you come to find out he has turned the heels of his shoes before, and you are on the back track;-such a man is no Tennesseean.

But while I vindicate the character of Tennessee from those aspersions which have been thrown upon her on account of the mode of electing public officers, ingrafted E upon that constitution which Andrew Jackson aided in forming, and retained by her recent convention after thirty-eight years' experience, I am willing that all elections by Congress shall be viva voce. I like to hear gentlemen speak out boldly on this floor, as well as elsewhere; for of all things, I have the least taste for hypocrisy or double dealing.

resolution of both Houses, which has received the sanction of the President, but for the light which that able and indefatigable Senator has shed upon this subject. I had looked upon the resolution of 1819 as unconstitutional and void; so did he: and he appears to have been prepared to sustain that proposition, wherever it should be presented. But when the question arose, whether the Senate could recognise its validity as a joint resolution, and, at the same time, change any one of its features by a single resolution, he promptly decided that it could not. This, sir, was, with me, an unanswerable objection to voting for the resolution of the gentleman from Illinois.

It is a single resolution, which will change the mode of electing a printer from a vote by ballot to viva voce, under a joint resolution, and change it in nothing else— thus recognising its validity in every word and syllable, except as to the mode of making the election. It cannot be done. We have a precedent, directly in point. I quote from Mr. Benton's speech before alluded to. Mr. Benton said:

But, sir, I am equally anxious to secure another object, which must be dear to my honorable colleagues who agree in political sentiment with me, and my friends from Alabama, New York, and elsewhere, and that is the right of each Congress to elect its own printer. I know we all agreed in our constitutional views on this subject last winter. It was a question which produced much excite- "His present object was to prevent an election at this ment in my district, and in the State generally. I gave session; and for this he had a good precedent, originamy views, as I am now about to express them, and pledg-ting in the Senate itself, precisely in point, in every pared myself to my constituents, if no one else did, to offer a resolution embracing substantially what I now offer on the subject of printer, and to move to go into the election at the commencement of the last session. I did not do so, and this requires an explanation to my constituents. My apology is to be found in the fact that, after I had my resolutions prepared, and was on the eve of presenting them, I was requested to permit an older and much abler member of this body, my friend from Alabama, [Mr. Mc. KINLEY,] who addressed the House on Saturday, to offer the resolutions. To this I assented with great pleasure, but he was thwarted by the introduction of Mr. McDuffie's resolution on the deposite question, which was debated the greater part of the session. I am proud of an opportunity of redeeming my pledge to my constit

ticular. He referred to the election of a public printer towards the close of Mr. Adams's administration, when Mr. Green was elected over Gales & Seaton. The election came on; several ballotings took place; Mr. Green had a plurality of votes, not a majority of the whole. The joint resolution under which the Senate balloted (the resolution of 1819) expressly declared that a plu rality should be sufficient; but the majority, on the eve of proceeding to the ballot, had passed a single resolution, to control the joint resolution, declaring that a majority of the whole should be necessary to a choice. The supporters of Mr. Green claimed the election; but the majority adhered to their single resolution, against the terms of the joint resolution, and refused to permit the election of Mr. Green to be declared. He (Mr. B.)

then moved that the ballotings should be discontinued. They were discontinued accordingly. No election of printer was declared. The session terminated without any further proceedings on the subject. At the commencement of the next session a resolution was brought in, declaring that Mr. Green had been duly elected at the preceding session. He (Mr. B.) voted for the resolution."

It passed. Can there be a stronger, clearer case in point? Here the Senate went into the election under the joint resolution of 1819, but passed a single resolution, altering it so far only as the number of votes necessary to constitute an election was concerned. That single resolution was declared to be a nullity by the Senate at its next session, on the ground that a joint resolution could not be altered or changed by a single resolution. And the Senate and House of Representatives, in 1829, did, by a joint resolution of both Houses, make the alteration which had been attempted to be made the preceding session by the Senate alone, and declared that a majority of the whole number of votes given should be necessary to a choice in the election of printer, but leaving the resolution of 1819 unchanged in every other particular. Now, sir, have not the Senate and House of Representatives each acted on this question, of altering the resolution of 1829 by a single resolution, and decided that it cannot be done? I think so, most clearly. I would have no hesitation in saying that the whole resolution could be set aside by any new Congress which might choose to elect its own printer, but I deny that an expiring Congress, which has made all its elections, can by a single resolution alter a joint resolution in part, the validity of which resolution is recog nised as constitutional. I ask gentlemen to deal can didly; and say whether their object is not to go into the election of printer at this session? If not, what other election is coming on at this session. And, sir, I should like to know whether the next Congress will not be as well qualified to judge for itself of the mode of electing its officers as this Congress is? What right have we say to our successors, you are a "slippery, sneaking" set of fellows. We have a high regard for your constituents, but no confidence in you, and have therefore said that you shall vote viva voce in the election of your officers. It is true that we elected all our officers by ballot; there is no complaint; the House is satisfied; the country is well pleased; not a word of discontent, save an Occasional groan of disappointment, coming not from the House or country. Sir, it appears to me to be stepping over the line of our duty, to undertake to dictate to the next Congress with regard to the mode of the election of printer.

The constitution secures to each House the power to determine the rules of its proceedings; but not to determine the rules to govern the proceedings of the next Congress.

[JAN. 26, 1835.

questions, involving the liberty, happiness, and constitutional safety of the country. All of which, it is thought, may be corrected by a combination of the two operations of the sergeant on drill, to learn him what is right with the nippers, to pinch the word from him at the right time afterwards. This is so perfect a system of independence, that all men must be delighted at the dawn of that bold and glorious republican sun which is about to shed a flood of light upon our hitherto dark and benighted hall of legislation.

cers.

But, sir, to the main question-that of postponing the election of printer until the next session of Congress. I beg leave again to refer the House to the able and lucid argument of Mr. Benton on this subject. He said "his object was to vindicate the right of the new Congress to choose its own officers. That right belonged to it. It belonged to it, both inherently and by the constitution. It would have required a constitutional provision to take it away, not to secure it; yet, in two places, the constitution of the United States guaranties this right: once, in speaking of the House of Representatives, which is to elect its own Speaker and other offi cers; and again, where the Senate is secured in the right of electing its President pro tem. and other offi Mr. B. then alluded to the early practice of Con gress, which had been conformable to the constitution, and proceeded to state that, in 1819, a joint resolution of the two Houses was adopted, creating the office of public printer, and providing for the election of that officer. He said, for the first thirty years of the action of this Government, there was no public printer; while Congress sat at places where it could supply itself, each new Congress was its own purveyor. When it came to a place where supplies could not be obtained, except upon time and notice, the expiring Congress kindly and providentially took upon itself the business of procuring supplies. This assumption on the part of the expiring Congress was gratuitous and unauthorized. The new Congress, not yet born, could not have created an agent to do this business. The fact of vital importance, whether the new Congress was to have a friend or an enemy for its printer, might depend upon the time when he was elected, and thus it became necessary for the new Congress to stand upon its inherent and constitutional right to reclaim the election for itself, and, if not successful in the reclamation, to exercise its indisputable power of rejecting the printer that was imposed upon

it.

Mr. B. remarked that was what he had done, and was doing-he complained that his resolution had been referred to a committee which had not reported upon it-said that he could have shown that all the reasons which induced the expiring Congress to provide a printer for the new Congress had ceased; that the District now abounded with printing materials; that a printer chosen the first week of the session would be ready as soon as necessary to do the work that would be required of But, sir, as it will stand in the light of a mere recomhim; that the printer was an officer, and an important mendation to the next Congress, I am willing to accomofficer of the two Houses; that he was a confidential modate gentlemen in their fondness for viva voce voting, officer, having their secret proceedings in his hand, with a hope of conciliating their support on the main and almost their masters, from the power which the question--that of securing to each Congress the right to public printer, in his character of editor, had over the elect its own printer. And, sir, I am the more inclined publication of the proceedings of Congress, in sup to this, as it is said that it will certainly secure perfect pressing, mutilating, and disfiguring the speeches and independence in voting; whereas, now it is complained occasional remarks of some members, while bring that the oldest drill sergeants may take out a raw recruiting out all that is said by others to the best possible adand drill him for hours, and, when he comes to vote, he will not feel those nobly lofty sentiments of independence which will prompt him to give the sergeant's vote, but will sneakingly give his own. This is monstrous, and ought to be corrected. For, if it is not, the noble science of drilling will be stripped of half its charms, and wild, rude militia-men will be constantly consulting their judgments and their consciences in great national

vantage.'

These views are sound. They are hailed by myself, and many gentlemen who I see around me, as containing the true doctrine of our party, which had watched with so much jealousy all encroachments upon the constitu tion. It has been our pride and boast, that the venera. ble and patriotic man now filling the executive chair of the nation was the shield of the constitution. And

shall we forget all this? Shall we say that right reason, and sound constitutional doctrines, are one thing in the Senate and another in the House of Representatives? That our constitutional opinions change with the seasons? No, sir. Let us not bring reproach upon our party and its head, but rather elevate both in the world's estimation, by rescuing the constitution, instead of inflicting upon it another blow. Mr. Benton is correct. This House has the inherent as well as the constitutional right to elect its printer. The constitution says "each House shall keep a journal of its proceedings." To do this, it must have the power to elect a Clerk. "And from time to time publish the same. How publish Does not this important duty imply the power of providing the means to perform it? How can the laws and proceedings of this House be published without a printer? The power to elect the printer is conferred in the obligation to publish. Again, the constitution confers upon each House the power to determine the rules of its own proceedings, secures to the House of Represent atives the right to choose its Speaker and other officers; and to the Senate the right to choose all its officers.

Now, sir, I care not whether you consider your printer an officer of the House, or put him upon the footing of stationary, or fuel, or any other supply; the principle is the same. These are my reasons for the vote which I gave, and mean to give, on this question. I have carefully avoided all remarks which might give offence. My object has been to conciliate support for a measure in which my district and my State take a deep interest. If the election of printer is forced on at this session, I have discharged my obligations to my constituents-I have redeemed a pledge too long, but unavoidably, delayed. And, sir, if I am compelled to vote for that officer at this session, I will vote for that uniform, firm, and consistent Jackson man who I think best qualified, if there should be more than one of our party running, though it would be a pity for two to run, as it would look like splitting the party. But which of them would be obnoxious to this charge could not be determined until after the election, and then it would justly fall on the meddling fellow who was beaten, and he should be forthwith handed over to a sergeant and drilled into submission, and directed to turn his attention to history -biographical history.

Mr. Speaker, is it in order to move a commitment of the resolution and amendment to a committee, with in structions to report? I move, sir, that the resolution and amendment be committed to the Committee on the Judiciary, with instructions to report the following resolve:

Resolved, &c. That the election of printer to each House of Congress shall hereafter take place within the first week of the first session of each Congress, and that all elections by the two Houses shall hereafter be deci ded by a viva voce vote.

[H. OF R.

small degree, to secure the fidelity of the representative to his constituents. He would not stop to inquire whether the printer of the House was an officer of the House, or whether he was embraced within the object and meaning of the resolution. Such an inquiry he deemed, at this time, out of place and irrelevant. It was enough for him that there were officers of the House, the mode of whose election the resolution proposed to change. He inquired why the House should not substitute the mode of election by viva voce, for the existing manner of election by ballot. He had listened attentively to the remarks of honorable gentlemen, and he would say, with all deference and respect for them, that he had heard few sound reasons advanced against doing so. One objection that had been earnestly urged against the resolution was, that wise and patriotic men had established the rule sought to be abolished, and they had never deemed it fraught with evil. He could say that he felt as much respect for the opinions, and wisdom, and the authority, of ancient practice, as any man did, but he was unwilling to receive them as incontestable maxims, unless they were supported by some better argument than the mere declaration that they were the dicta of the virtuous and the wise. Many a patriot and sage, he said, lived before the memorable year of 1776, and died in undoubting confidence that the scheme of republican government was visionary and impracticable; yet this did not deter our revolutionary fathers from repudiating the creed of ages, and, in despite of consecrated dogmas, boldly erecting the Government under which we live. He was willing to pay a decent respect to the opinions of others, but he did not esteem them too consecrated to be disputed. Whenever we thus profoundly defer to the opinions, either of the living or the dead, improvement will be arrested, and retrocession commence. Let some more legitimate objection, then, be advanced by the opponents of the resolution, than that it proposes to abolish a mode of election hitherto employed by the wise and patriotic of the House of Representatives.

Mr. P. further observed that he thought the powers, duties, and influence, of the Speaker of the House, furnished strong necessity for the adoption of the resolution. It is a station, he said, of honor, authority, and commanding influence. He did not believe it had ever been done improperly by any Speaker, but he did know that the incumbent, whoever he might be, had it greatly in his power to form or warp public opinion. This he could effect by the formation of the committees of the House. He could give them what political complexion he pleased. Although the Speaker is an officer of the House, yet who will venture to say that the people take no interest in the choice of that officer? They always feel a profound interest in the selection, and would be pleased to know for whom their Representatives cast their votes. Sir, (said Mr. P.,) they ought to Mr. POPE, of Kentucky, observed that he would know; they ought to have the means of knowing. Their embrace this opportunity to make a few remarks on the confidence may be abused by a Representative in this resolution before the House. He would not have subvery case. He asked what valid reason could be asmitted the resolution, but, inasmuch as it had been of signed why they should not know. It had been said by fered by another, and as he intended to vote for it, he felt the gentleman from Georgia, [Mr. GILMER,] as Mr. P. disposed to assign, very briefly, his reasons for doing so. understood him, that the proposed change was big with He was unwilling to vote for the amendment proposed peril; that it would bring the Representative of the peoby his colleague, [Mr. HARDIN,] and for the motion ple within the reach of executive patronage, and submade by the honorable member from Tennessee, [Mr.ject him to the yoke of executive dominion and influPEYTON,] for reasons which he would not pause to explain. He did not think, as had been intimated, that the fundamental principles of our constitution, or of free government, were involved in the vote on the resolution. He believed that the great fabric of our free institutions was too firmly constructed to sustain any serious injury, by the rejection of the resolution; but, on the other hand, he believed that its adoption was calculated, in no VOL. XI.-68

ence. This Mr. P. understood to be the substance and meaning of the gentleman's remarks. He had great respect for the gentleman from Georgia, but he differed with him widely. How (inquired Mr. P.) will the proposed change effect this? The gentleman from Georgia had not pointed out how it would be effected. Mr. P. considered that the converse of the gentleman's position was true. If a Representative be still allowed to vote by