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SENATE.]

President's Protest.

[APRIL 29, 1834.

of a public functionary, then make him amenable to jus- in this Senate. He no doubt feels great solicitude, not tice, who dares substitute his will for that of the laws. only to possess the good opinion of his countrymen who Do we desire to preserve our republican institutions, then are his cotemporaries, but that posterity, when his charpermit no man to trample upon them with impunity. acter shall be presented to it, shall consider him to be Do we hold the right of electing our public function- what he has labored to be through a long life of public aries to be the essence of free government, and its ex. service and toil. And, Mr. President, let us do as we ercise to be dear to the freemen of Pennsylvania, then may, when the party strifes of the present times shall render him constitutionally accountable, who, by an ar- cease, and this individual out of the way of aspirants to bitrary fiat, has laid it prostrate. Do we consider vir- office and public favor, and faithful and impartial history tue the vital principle of republican government, then shall present him to future times, justice will be awarded punish the officer who attacks republican virtue in her to him. The men of the South will see and acknowlcitadel; who, in disregard of public sentiment, and pub-edge, that when they were borne down by oppressive lic duty, and in defiance of solemn obligations, treats the taxation, in the form of a protective tariff, that he, from people as his patrimony, and their rights as his inher- the moment he came into office, assiduously exerted himitance.”

self for their relief; that, in every annual message transFrom the extracts which I have read, the analogy be- mitted to Congress, he recommended and urged an ametween the case of the Chief Executive of Pennsylvania, lioration of their condition. When that gigantic plan of and that of the present Chief Magistrate of the United profusion and waste of public treasure, misnamed the States, is most striking. The accusers, in that case, an American system, shall have gone into entire disrepute, ticipated the final success of their accusation, with the the author of the veto on the Maysville road bill will be same confidence that the accusers of the present Chief pointed to as the individual who arrested that scheme of Magistrate claim the ultimate decision of the American policy which threatened to bring ruin upon the people people. They declared that justice and the public wel- of this republic. Then, too, it will be admitted by all, fare demanded bis punishment. They charged that be that, with no other motive save that of the public good, had substituted his own will for that of the laws. They he encountered, successfully, the Bank of the United invoked the lovers of the constitution to punish him who States, a vast moneyed power, in a conflict in which any had prostrated it by his arbitrary fiat. They charged him other man would have faltered and failed; and all this with disregarding public sentiment and public duty, and for the purpose of securing and placing on a permanent treating the people as his patrimony, and their rights as basis the rights and liberties of his countrymen. his inheritance. The resemblance between the report of Were there no precedent or authority on this subject, that committee, and the language we daily hear, is so what does fairness and impartial justice demand of us? strong, that the first would well answer for a precedent, We have placed on our Journals a resolution condemning or form, for the attacks made upon the present Chief the President's conduct, and shall not the other side be Magistrate. But, sir, how did this exhibition of charges seen? If the sentence of the Senate be right; if we terminate? The same way, as I apprehend, those now bave confidence in our own decision, we ought not to be against the Chief Magistrate of the United States will afraid to place on our Journals what the accused has said terminate-in the discomfiture and defeat of the accusers, in bis vindication. and in the triumph of the accused. The House of Rep- It is intimated that a new oath of office has lately becs resentatives of Pennsylvania refused to vote the impeach- administered to the clerks in the different departments, ment. They refused to tarnish or "sully the fair fame of with a view, as is supposed, to secure their allegiance to one of their first citizens. It should be remarked, that the present Chief Magistrate. I will state the facts as Governor McKean stood acquitted and discharged upon they really are, for the purpose of showing what light, the records of the Pennsylvania Legislature. Still, the airy, and unsubstantial pretences are seized hold of with accusation remained upon their journals. It was unan- eagerness, in order to bring this administration into disreswered, except by the vote of a majority of that body. pute. By act of Congress, passed in 1791, each clerk, On the next day after the articles of impeachment were before he enters upon the duties of his office, is required rejected, he sent a message to the House of Representa- to take an oath before some judge of the Supreme Court tives, containing his vindication, and asked that it might of the United States, or a district judge, to support be placed upon the Journals of that body, not as a mat. the constitution of the United States, and faithfully to ter of constitutional right, but as an act of justice, in or- perform the trusts committed to him. During the presder that all who might read the charges exhibited against ent session, a very respectable member of the other him, might, in the same book or record, read the refuta- House, as he has informed me bimself, addressed a letter tion of them. The House of Representatives did enter to the different Secretaries, or some of them, inquiring it at large on their journals. This is precisely what the whether the oath prescribed by law had been taken by President of the United States now asks. In his vindica- their clerks, and, upon examination, it was ascertained tion, Governor McKean takes a retrospect of his past that the oath had been administered to most of the clerks life, and refers to what he had done for his country, as by magistrates of this District, and not by a Supreme or high evidence that he was incapable of committing crimes Federal district judge, as required by law. Upon this disand misdemeanors. And, Mr. Pres dent, try it when covery, the clerks were required to take the oath preyou will, let an aged patriot be assailed when he is about scribed by the act of 1791, before the persons authorized to leave the stage of active life; let the attempt be made to administer it by that act. This mistake of the clerks, to strip him of his honors and his fame; let the billows of however, was not of recent origin; it is a gray-headed party rage beat furiously upon him; be will look back to error, much older that that administration in which the all lie bas done and all he has suffered, and when the Senator from Kentucky (Mr. Clar) bore a distinguished facts justify, as they do in this case, he will remember, part. This, sir, is the new oath, invented in these Jackand he will say to his countrymen, I have spent sleepless son times, and odium is attempted to be thrown upon this days and nights in your service-I have suffered cold and administration for correcting an error which grew out of hunger-I have met the enemies of my country-I have the inattention of their predecessors. Equally unfoundbared my bosom to danger, and have bled for your liber- ed is the suggestion that any apprehension is to be enterties; and I now appeal to you to decirle whether I can be tained, that this Senate is to be disturbed in its deliberayour enemy, or an enemy to your free institutions. tions by an armed force. This no one fears, no one be

These are the natural reflections and feelings of that lieves; and there is as little foundation for the apprehenindividual who has been made the subject of accusationsion, that the President of the United States will, by the April 29, 1834.]

President's Protest.

(SENATE.

exertion of constitutional or unconstitutional power, put This name, it is imagined, will bring together parties and an end to our deliberations. My own impression is, that men who differ on all the political measures which have we can remain here quietly, if we shall choose to do so, and still divide the people of the United States. Men until the 4th of March next, without any molestation from who hold no one political opinion in common-who are that quarter. Nor have I any confidence in the rumors separated from each other as widely as the poles-are to that have gone abroad, that a military force is to make its put on this cognomen, or family name. There is but a appearance here, for the purpose of overawing the Pres. single point of contact between them, which is, a dislike ilent and Congress, and compelling them to re-charter to the present Chief Magistrate; and, I suppose, all his the Bank of the United States. No man who has sense friends and supporters, who, I believe, compose a large enough to command a militia company—no man who has majority of the American people, are to receive the opbravery enough to fight, will ever come to this city on posite appellation. That distinguished representative such an errand.

from Kentucky (Colonel Johnson) whose limping gait at Having received no petitions or memorials from the every step bespeaks chivalry and patriotism-he who, citizens of Tennessee, upon the subjects which now agi- when a large and respectable portion of our citizens, imtate the country, I have been entirely silent upon the pelled by what they believed a sense of duty, and withpresentation of those emanating from other quarters, out any design, on their part, to interfere with the rights being willing that those who represent these petitioners of conscience in others, applied to Congress to arrest the and memorialists should lay them before the Senate in transportation of the mail on the Sabbath day, took up their own way. But I will take this occasion to state to the subject, investigated it, and by a forcible, argumentathe Senate my opinion upon a few of the points hereto- tive, and luminous report, convinced many of the peti. fore discussed by others. Although I differ altogether tioners themselves that it was inconsistent with the princiin opinion from a majority of the memorialists as to the ples of our institutions, and of the Federal constitution, cause of the embarrassment and distress which prevail in for Congress to act on the subject—is to be denominated the country, I am gratified to see the general spirit a tory. And he who fought the last and best battle of which pervades these memorials. They evince a feeling the late war-a battle which shed such lustre and splenwhich affords a confident assurance that the rights of the dor on the American arms, and terminated, gloriously, a American people can never be invaded with impunity by contest carried on to preserve our national rights-is to any functionary of this Government. If such sensitive- be called the head and leader of tories. I tell gentlemen ness is displayed when it is only imagined that their Chief this device will not do. Whatever was the original meanMagistrate has committed an error, what will not the ing of whig and tory in England, we have affixed to it an same spirit do should their rights be actually invaded? American meaning, one which not only the learned, but It will raise up and put down any man or set of men, who the unlearned, understand. My constituents have not all shall be guilty of usurpation and oppression. As to the read the history of Charles 11; they consist of men and harshness of language employed in these memorials, I their descendants who fought in the revolutionary and will say this: that the right to petition and memorialize is last war, and who fought the Indians in the early settlea constitutional right; and, although citizens may not ments of the Western country; they are also the support. measure their terms and phrases exactly to suit our taste, ers of this administration; and should any man go amongst still it is better to let them pass uncensured and uncom- them, and call them tories, he would be apt to receive a plained of by us; although I confess I should prefer to very prompt signification of the meaning they attach to see petitioners confine their remarks and strictures to the term. I do not think gentlemen are doing justice to those representing them, and not travel out of their own their friends, when they attempt to clothe them now with districts and territories, for the purpose of lecturing this name or covering of whiggism, as though it were a those not elected by, nor amenable tc, them. Yet, even new garment, because this implies that it was not possess. this course is without a remedy; it is the excessive use of ed before; when, in truth, it has been worn by them and a right which you cannot prevent, without endangering their fathers for more than half a century, and is made and impairing the right itself. It is like the licentiousness of such excellent materials, that it has become none the of the press, which cannot be cured without destroying worse by wear.

From what has occurred this morning its liberty.

between the Senator from Kentucky (Mr. Clay) and the That pecuniary distress exists in the country, no one Senator from North Carolina, (Mr. MANGUM,]I find I was can doubt. As to its extent or degree, no accurate opin- mistaken in one thing: I had supposed the union beion can be formed. My own belief is, that it may between the national republicans and State-rights men, even come much greater. This depends upon the will of the of the strictest sect, had been consummated. I had no bank; for it certainly has the power to increase it

. The doubt, if it were so, that a divorce would speedily take existence of this distress, and the probability of its be place, because, for them to remain together without an coming greater, furnishes no argument to me in its favor. abandonment of their principles on one side or the other, So far from it, it proves to my satisfaction, that no cor- I knew was wholly impossible. poration, capable of bringing such distress and ruin upon From the sentiments expressed by the Senator from our citizens, ought to exist in our country. Without it, North Carolina, in this day's debate, if he be not in a 1 admit, we shall have less of the show and splendor of state of rebellion, he certainly feels a little insurrectious, wealth, but we shall possess more substantial security and or insurrectional, towards the party with whom he is happiness.

operating. He says that he is against all assumptions of i wish to say a few words upon the name and designa- power not granted by the constitution, whether by the tion of parties which our opponents have lately assumed Executive, the Legislative, or the Judicial departments and taken upon themselves. They denominate themselves of the Government. This, he says, is the whiggism of the " Whigs," and, I suppose, they wish to affix the correla- South. Now, I ask him, if the imposition of an opprestive term “Tory,” upon their adversaries. I wish to be sive protective tariff, upon his principles, savors of whigdistinctly understood as saying, that the great body of in- gism? Yet, a majority of those who are now acting with dividuals composing every political party in this country, him, advocate it. I ask him further, does the exercise of are whigs. It is an appellation common to all parties; it the power to make internal improvements by the Federis a generic term, and no one class of them has a right al Government, constitute any portion of a claim to to appropriate it to themselves exclusively; and nothing whiggism in the South? Is a bank of the United States but a spirit of monopoly could give rise to the effort now a whiggish institution, according to Southern doctrines? making by a portion of the politicians of this country.li presume he will answer all these inquiries in the nega

SENATE.]

President's Protest.

[APRIL 30, 1834.

tive. If all this will not do to prove that the national re- pecuniary distress into which that measure had plunged publicans and Southern gentlemen cannot stand and act them, in common with other portions of the country, and together, surely the fact that the national republicans protesting, in emphatic terms, against the experiment of were almost unanimously in favor of the force bill, and in the Presiilent upon their prosperity and the currency of favor, too, of the proclamation, will be decisive; for 1 the country, and insisting that the possession and custody always have understood, and I presume it will not be de- of the public moneys rightfully belong to Congress. nied, that these were the measures of this administration Mr. S. said, the memorial so strongly and repeatedly most censured and condemned by the South. Under the insisted upon this power of Congress, that one would alname and standard of the national republicans, the South most imagine that they had foreseen the extraordinary will not, cannot rally, because the principles of that class doctrines of the Presidential protest, which had been reof politicians, in the opinion of the South, lead to conceived since this memorial was subscribed. I know, solidation. Under the name of the State-rights party, the said Mr. S., that some contend that the subsequent comnationals will not unite, much less under that name which munication has retracted that part of the protest.

A sithe South Carolina politicians have assumed, because perficial view of the last paper might produce that imtheir principles, in the opinion of the nationals, lead to pression. But, in reality, it retracts nothing: it leaves disunion. In this dilemma, as it is impossible to find out his exorbitant claims of power ready at any time to be or invent a name or appellation at all significant of their called into full vigor, whenever any act is contemplated principles; as they are contradictory and inconsistent with requiring their support. It seems to have been studiouseach other; and as they are anxious to get together, they ly ambiguous—to place the President in that balancing have fallen upon the expedient of taking to themselves position in which, like a skilful performer on the slack the name or title of whigs, which is extensive enough in rope, he inclines now to one side, and then to the other, its meaning to include every American citizen who loves exciting the hopes of both. The same vibrating position his country, but has nothing characteristic in it of their which he so long occupied in relation to the bank-depeculiar tenets or political principles, and is broad enough claring now that it was dangerous-then that it seemed to include noi only the opponents, but the friends of the to be necessary-now that there ought to be no bankpresent administration. Before I can agree that our op- then that he could furnish a plan-one Secretary making ponents shall have the exclusive possession of the title a report for, another against. So, also, as to internal whigs, I wish to make some further inquiries. Where improvements—that, if national, he would approve-if are those men who, during the last war, discouraged the local, negative; and, whether national or local, he alone enlistment of soldiers? Where are those who used their was to judge. So as to the tariff: he was for a judicious influence to prevent loans of money to the Government, -that is, just what you please to desire. Thus leaving in its utmost need? Where are all the moral traitors of his friends and partisans in various sections of the counthat gloomy anıl trying period? Where are those who try to insist that he was for or against banks, tariffs, imthought it immoral and irreligious to rejoice at our victo-provements, just as best suited the interests, wishes, and ries, and mourned at the defeat of our enemy? Where opinions of time and place. This supplemental protest are those who denounced James Madison as a tyrant, may accomplish the same purpose. Those who have ocusurper, and despot, and proclaimed that the country casion for a gloss, may turn to the supplement; those who would never prosper until be was sent to Elba? Where now, or at a future time, may desire the strong doctrines are the “blue light” gentry, who gave private signals to of prerogative, the possession of the public moneys, the enemy to enable them to murder our citizens' These will find them clearly in the protest, unretracted by the men are not to be found in the ranks of this administra- supplement. In the first, he insists repeatedly that the tion; they will pursue the present Chief Magistrate with possession of the public moneys, by the constitution, altheir hatred to his grave, and when dead, their enmity ways has belonged, and always must belong, to the Pres. will not cease. They have their reasons for it; he did ident. He repeats it, and insists that Congress cannot their friends too much damage at the city of New Orleans take from him the custody of the public treasures, which ever to be forgiven.

is given him by the constitution. I will conclude, by expressing my most earnest wish Four days afterwards, when his claim had produced that the subject now under consideration may not be de astonishment and indignation almost universal, he is incided rashly, and under the influence of party excitement, duced to smooth it over by saying- claim no other cusbut with coolness and deliberation, and that the decision tody or possession except what the law gives me. What may be such as will best comport with the dignity of this law? What law does he mean—a law of Congress? No body, and promote the harmony and prosperity of our the constitution, the fundamental law. That instrucommon country.

ment, in express terms, declares itself the supreme law. When Mr. GRUNDY had concluded

He first asserts that the paramount law gives him power, Mr. CLAY obtained the floor, and after a few remarks and Congress cannot divest him of it; and then comes and in reply, moved an adjournment, but gave way to says, I claim nothing but what the law gives me? Again,

Mr. MANGUM, to make an explanation; when, in another aspect, in the first, he insists that in whatever On motion of Mr. CLAY,

hands the money is placed by Congress, the person thereThe Senate adjourned.

by becomes an officer, appoin:able by him, and subject to

his control; that by whatever name called, he must be an WEDNESDAY, April 30.

Executive officer subject to him; his officer in effect. In On motion of Mr. WEBSTER, who stated that since with or control the person in whose hands the money may

the supplement, he says he does not claim to interfere the bill making appropriations for the military service had been reported, some information had been received from be placed-unless he is an officer appointable by the Pres.

ident, and for whom he is accountable, but leaves the the Department, which rendered it necessary that some amendments should be made, the bill was recommitted to protest untouched in its assertion that the person must be

an officer, and that the President must see that the law the Committee on Finance.

is duly executed. He no where retracts the assertion HALLOWELL (ME.) MEMORIAL.

that Congress can have no officer that they can provide Mr. SPRAGUE presented a memorial, which, lie sta- for none, who will not be subject to him as his officer. ted, was signed by 503 inhabitants of Hallowell, Maine, He says, indeed, Congress may say where the money shall against the removal of the deposites, and the warfare of be kept--but whenever placed, in whatever vaults, he the President against the bank, setting forth the deep' must keep the key–he must be the keeper of the keep.

APRIL 30, 1834.]

Hallowell ( Me. ) Memorial.

(Senate.

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er. This memorial is addressed to Congress as the only and as they were expressed in the legitimate mode. But legitimate tribunal. It beseeches us to arrest that unau- he understood that there was a new mode of electioneerthorized, illegal, Presidential “experiment,” which is ing adopted-new here at least, and he for one, would now spreading ruin and devastation over the land. It not have believed that this assembly would have been so implores tis to stay the arm of the oppressor, lest an indus- occupied for five months past. Not a petition had been trious, confiding, but brave and generous people, be presented, but it was accompanied by some remarks of driven to despair. This memorial comes from my own an electioneering tendency, and so avowed. Whether home; from those who are my neighbors, and, I am proud the people will think the Senate so occupied are conto say, my friends, with whom I am in the habit of daily forming to their duty, they will judge. Mr. S. supposed intercourse, and who, it is sufficient to say, deserve as this body was designed for different purposes. It seemmuch of consideration and respect as any body of men ed now, that reason was no longer to be operated on; but that have ever presented themselves to this Senate. Six excitement, appeals to the passions and prejudices of the months ago I beheld them in a state of unprecedented people, and intimations of some strange events about to prosperity; and little did I anticipate that even the with occur, was the order of the day. This was the new mode ering grasp of Presidential oppression could so soon have of electioneering, and the whole system was to be a new wrung from them such language of distress and dismay, one-all for good, no doubt; and it was not more true The memorial is subscribed by more than two-thirds—that it was a new system, than that new names were denearly three-fourths-of all the legal voters in that town. vised, and new systems applicable to particular districts Among them I discover some of the few individuals there of the country. Mr. S. said, he could not perceive that who have heretofore supported this administration. 1 Kennebec was especially distinguished by marks of de. say few, for we have, fortunately, been there, in a great mocracy, and if she was entitled to that appellation, in measure, exempted from the disease of Jacksonism; and any other sense than in the sense of the new name which the recent stringent measures of the Executive seem well had been given her, he differed in opinion as to the justcalculated to cure those who have heretofore been afflict-ness of it. But this was not the time for investigating ed with it. In addition to important towns in the ex- the paper which was the subject of so much remark. tremes, we have already heard from Augusta, Hallowell, the hoped a fair, full, and deliberate investigation would Gardiner, and Pittston, in the centre of the State, em- be given to it; but until the paper should be received, he bracing a population of more than twelve thousand, with. would withhold any comments he had to make. in a small circumference. They have all spoken in the Mr. SPRAGUE thanked his colleague for admitting same language. We have heard, and I am confident we that the inhabitants of Kennebec are pre-eminently entishall hear, but one voice from the good old democratic tled to the appellation of Whigs: for, although the gencounty of Kennebec, which always has been, and still is, tleman may consider that a “new name,” he (Mr. S.) pre-eminently distinguished for its pure, unwavering, un would assure him that it was no novelty in Kennebec, deviating democratic principles. It is to me a source of containing as it does, very many of the soldiers and pa, upalloyed pleasure, of elevated pride and fervent grati-triots of the Revolution, and covered by their sons and tude, that I have been sustained, cordially sustained, by descendants; that whole community has been deeply and that people, throughout my whole political course. A peo- constantly imbued with the bold and glowing sentiments ple eminently entilled to the proud appellation of Whigs of the whigs of "76-opposed to arbitrary power in all its now and at all times friends of liberty, and sturdy, inflex. forms, and under all its guises; whether claimed in the ible enemies of arbitrary power.

name of a King or a Military Chief-whether urged in the Mr. SAEPLEY said it was not his desire to enter into spirit of loyalty, or the spirit of Jacksoirism. To conthis question upon the presentation of memorials; but as vince my colleague that this appellation of "Whig” is some remarks had been made in relation to his State, not quite so new, and to show its appropriateness at the which seemed to call for a reply, he would say a word present time, let me read a few lines from a high-toned

His colleague had said that but one voice pro-fiory writer, not likely to give too favorable an account of ceeded from Kennebec. True, and if that one voice was its origin, (Hume.] It arose as long ago as the year 1679, the memorials presented here, there was but one voice in the reign of Charles the Second. It seems that the from Maine. Those persons who believe the conduct

and high-handed and arbitrary means of that monarch had promeasures of the administration to be correct, never take duced discontent throughout the kingdom: excitement the trouble to present memorials or resolutions. The then as now, generally prevailed; numerous petitions State of Maine now gives more than 70,000 votes; and a and memorials were sent up for a redress of grievances, short time ago it gave 60,000; and yet here are evidences which it seems were then, as now, extremely distasteful of opinions from Maine. Notwithstanding, resolutions to power. The historian says: “ As the King found no approbatory of the conduct of the whole administration law by which he could punish those importunate, and, passed one branch of the Legislature by a vote of 119 to as he deemed them, undutiful solicitations, she could not 53, and 22 to 2 in the other branch. These are, be even turn them from his doors,] he was obliged to ensure, the only exhibitions of public sentiment on that counter them by popular applications of a contrary tendenside. The state of Maine rests on her own quiet digni- cy. Where the church and court party prevailed, addresses 1x; her people feel that her Legislature has expressed were framed containing expressions of the highest regard their opinions, and that they have not been done by dis to his Majesty, the most entire acquiesence in his wisdom, orderly, tumultuous expressions of public meetings. She the most dutiful submission to his prerogative, and the is willing that they should be heard, but constitutionally deepest abhorrence of those who endeavored to encroach heard, through the ballot boxes. And what was this upon it, by prescribing to him any time for assembling public expression, so much relied on? All this show was the Parliament.” some 2,600 out of some 60 or 70,000, and yet we hear Then the controversy was between the power of the intimations thrown out as if there was some great expres. King and the Parliament, as it now is between the Execsion of opinion from Maine, which would induce a belief utive and the Congress. The court party then insisted that the expression of the Legislature was not rightful. that his Majesty should not have his prerogative enMr. S. presented these views only to show, not what croached upon by the presence of a Parliament. might at some future day be her opinions-for he pre The historian proceeds: “Thus the nation came to be tended not to pronounce what they might be in future distinguished into petitioners and abhorrers." And now, times—but wbat they were now: It was sufficient for sir, at this day, we have one hundred and fourtcen thouluim to look at the expressions of opinion as they were, sand petitioners, who insist upon the right of Congress,

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or two.

SENATE.]

Flallowell ( Me. ) Memorial.- President's Protest.

[APRIL 30, 1834.

and eight thousand abhorrers, who urge the prerogative of Mr. CLAY rose. Never, said he, Mr. President, have the President.

I known or read of an administration which expires with The author then remarks: “Besides petitioner and ab- so much agony, and so little composure and resignation, horrer, appellations which were soon forgotten, this year as that which now unfortunately has the control of public is remarkable for being the epoch of the well-known epi- affairs in this country. It exhibits a state of mind, feverthets of whig and tory.'

ish, fretful, and fidgety, bounding recklessly from one Thus we see that ihen, as now, the whigs were the desperate expedient to another, without any sober or setenemies of arbitrary power, and of Executive prerogative, tled purpose. Ever since the dog-days of last summer, and the friends of liberty and law.

it has been making a succession of the most extravagant I again thank my colleague for admitting that the peo- plunges, of whicli the extraordinary cabinet paper, a sort ple of Kennebec are justly and eminently entitled to the of appeal from a dissenting cabinet to the people, was name of whig. He denies that they are democratic-as the first; and the protest, a direct appeal from the Senate that term is now understool. In its new and perverted to the people, is the last and the worst. sense, they certainly are not; they have not bowed in A new philosophy has sprung up within a few years submission to one man; they acknowledge no allegiance past, called phrenology. There is, I believe, something to a single chief. The intelligence of Kennebec has re- in it, but not quite as much as its ardent followers prosisted this melancholy delusion; the dark and bitter waters claim. According to its doctrines, the leading passion, of Jacksonism, which have elsewhere prevailed, have propensity, and characteristics, of every man are develnever swept over its fertile fields. And to this new-fan-oped in his physical conformation, chiefly in the structure gled, miscalled democracy, they certainly have no claim. of his head. Gall and Spurzheim, its founders, or most But, 1 appeal to my colleague whether, in every other eminent propagators, being dead, 1 regret that neither of species of democracy, the principles of '98-of the last them can examine the head of our illustrious Chief Mawar-of pure whiggism at all times, it has not been emi- gistrate. But if it could be surveyed by Doctor Caldwell, nently distinguished. Sir, I doubt not that the other coun- of Transylvania University, I am persuaded that he would ties of the State are equally patriotic. Their delusion will find the organ of destructiveness prominently developed. vanish; it is already dissipating; already they give the Except an enormous fabric of Executive power for himmost cheering indications of resistance to arbitrary and self, the President has built up nothing, constructed unconstitutional oppression. My colleague does not nothing, and will leave no enduring monument of his adchoose to see these indications; he turns his eyes to the ministration. He goes for destruction, universal de. time past, and looks with complacency upon the resolu- struction; and it seems to be his greatest ambition to efface tions of a Legislature chosen in September last, before and obliterate every trace of the wisdom of his predeces. the seizure of the public treasure. If he can derive any sors. He has displayed this remarkable trait throughout satisfaction by going back to by-gone days, I do not wish his whole life, whether in private walks or in the public to deprive him of that last consolation, but can he shut his service. He signally and gloriously exhibited that pecueyes and his ears to what is around us and upon us—to liar organ when contending against the enemies of his demonstrations in Portland, Bangor, Freeport, Augusta, country, in the battle of New Orleans. For that brilHallowel, Gardiner, Pittston; Eastport, and Lubec? liant exploit, no one has ever been more ready that my

He says the Legislature has spoken. Sir, the people self to award him all due honor. At the head of our arare speaking for themselves, and, suffering and writhing mies was his appropriate position, and most unfortunate under the curse of bad government and arbitrary power, for bis fame was the day when he entered on the career they will speak the language of freemen-they will burst of administration as the chief Executive officer. He lives the shackles of party. Distress knows no party-bank- by excitement, perpetual, agitating excitement, and would ruptcy, and ruin, and poverty, and want, regard not the die in a state of perfect repose and tranquillity. ile has lines of party. Does not the gentleman see this, does he never been without some object of attack, either in innot feel it, does he not behold the hand-writing upon the dividuals, or in masses, or in institutions. I have been wall? Sir, the illusion is broken, the idol worship is at myself one of his favorites, and I do not know but that I an end. The darkness, the deep darkness, which has have recently recommended myself to his special regard. prevailed, is passing away. The streaks of light in the During his administration this has been his constant course. East have grown broader and stronger, until the whole The Indians and Indian policy, internal improvements, horizon is beaming with the effulgence of morning. The the colonial trade, the Supreme Court, Congress, the nation is redeemed, regenerated, and disenthralleil. New bank, have successively experienced the attacks of his York has spoken-New Jersey has spoken-Virginia, haughty and imperious spirit. And if he tramples the Virginia, too, has spoken, in her loudest, most decided bank in the dust, my word for it, we shall see him quickly tones. A peal is swelling from all quarters, which op- in chase of some new subject of his vegeance. This is pression must hear, and under which oppression must cease. the genuine spirit of conquerors and of conquest. It is

Mr. SAEPLEY said that his colleague had referred to said by the biographer of Alexander the Great, that, after the memorial from Lubec. He would inform the Senate he had completed his Asiatic conquests, he seemed to sigh that that memorial was signed by thirty-three only out of because there were no more worlds for him to subdue; the several hundred inhabitants of that place.

and, finding without no further employment for his valor Mr. SPRAGUE said: I told my honorable colleague or his arms, he turned within himself to search the means that it was to the annual municipal election in Lubec to to gratify his insatiable thirst of glory. What sort of conwhich I alluded, but he still persists in referring to the quest he achieved of himself, the same biographer tragipetition; and has thus made the allusion ridiculous by cally records. making it his own.

Already has the President singled out and designated, The memorial was then read, and referred to the Com- in the Senate of the United States, the new object of bis mittee on Finance.

hostile pursuit; and the protest, which I am now to con

sider, is his declaration of war. PRESIDENT'S PROTEST.

What has provoked it?

The Senate, a component part of the Congress of the The Senate then proceeded to the consideration of the United States, at its last adjournment left the Treasury special order, being the resolutions offered by Mr. Poin. of the United States in the safe custody of the persons DEXTER, as modified by Mr. CLAY;

and places assigned by law to keep it. Upon re-assemThe question being on the motion of Mr. BiBB to bling, it found the treasure removed; some of its guardians amend-when

displaced; all, remaining, brought under the immediate

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