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Deposite Banks.-President's Prolest.

(Mar 5, 1834. rected to communicate to the Senate such reports and remarks, or to make a larger draft upon the time of the statements of said banks which he shall hereafter receive, body, than he should bave done, if he had been permitas soon as conveniently may be, after the same shall have ted to succeed the honorable Senator more immediately. been received.

The delay had been unpleasant to him, but he had tried Resolved, That the Committee on Finance be directed to improve it to condense rather than extend his remarks. to inquire wliether any, and which, of the banks selected The question before the Senate was the disposition by the Secretary of the Treasury for the deposite of the which should be made, by that body, of the paper upon public moneys, have stopped payment; the amount of the table, denominated the President's protest. public money deposited in them at the time of their sus. The paper complained that the Senate had passed a pension, if any; that they inquire, also, into the circum- sentence against the President, in its nature and characstances attending their selection, and the security taken ter judicial, while the provisions of the constitution had by the Secretary; and whether the public moneys are safe not been observed in the proceeding. It complained in the places where they are now deposited; and that that the Senate had virtually constituted itself the im. they have leave to send for persons and papers.

peaching body by the course it bad taken, whereas the The first resolution was agreed to without opposition. constitution had conferred the sole power of impeachOn the question on the second resolution

ment upon the House of Representatives; that it had Mr. FORSYTH suggested that all the objects contem- proceeded to final judgment and sentence against the plated by this resolution were embraced in the resolu. accused, without allowing him a trial upon the accusation just adopted. He thought, therefore, that either the tion, or the privilege of being heard in his defence; that second resolution was altogether unnecessary, or was not the laws for the organization of the Senate in such cases necessary until the first shall have been answered. The had not been observed, inasmuch as the Chief Justice of proper course therefore was, to lay the resolution on the the Supreme Court had not been called to preside over table, if the mover had no objection.

its deliberations, and as no “oath or affirmation" had Mr. WEBSTER said the mover was not present, but been administered to the individual Senators—a qualificathat he had no particular objection to lay the resolution tion which the constitution expressly required to enable on the table for the present. But, in his opinion, it was them to sit in the ligh court for the trial of impeachhigh time that some such resolution should be passed. Itments: And it further complained that the sentence of was high time that a committee of this body should, of its the Senate had been pronounced and made a perpetual own authority, institute an inquiry into the condition of record, by entry upon its Journal, without having rethe banks in which the public money was deposited. The ceived the vote of two-thirds, required by the constitution inquiry in the first resolution did not then embrace all to authorize the Senate to enter a judgment of guilty that was necessary. It was now proposed to pass an act against any public officer. to enable the Executive to carry into effect the arrange- Mr. W. said it was not his purpose, at this time, to ments which he had made with certain banks, and it was examine the justice of these complaints. Upon a former proper that the inquiry contemplated in this resolution occasion, and when the resolution complained of was should be made.

As the mover, however, was not pres- before the Senate, he had been indulged with the opporent, and as it was desirable not to interfere with the spe- tunity to submit his views upon all the important quescial order, he should not object to the resolution being tions involved in the paper now under consideration. The laid on the table.

deliberate conviction of his own mind then was, that Mr. FORSYTH would not urge the laying of le res- the resolution was, and must be considered, judicial in its olution on the table. But he thought it would for right character; that its passage must be held as a final judg. to amend the resolution, by inserting the word "te Esent" ment upon an impeachment for the offences specified in before the words “Secretary of the Treasury, ... order it; and that all the moral consequences of such a judg. that the reference should be confined to the recent acts ment, upon the officer against whom it was directed, of the Executive.

might follow its record upon the Journal of the Senate. Mr. WEBSTER expressed his willingness to adopt he had not, however, then been fortunate enough to such modification.

convince the majority of the Senate that his positions The resolution was then so amended, and agreed to. were well taken, and he had no hope that a repetition PRESIDENT'S PROTEST.

of that effort would be attended with any better success

now. Upon a careful review of the argument lie liad The Senate then proceeded to the consideration of the then made, he could not promise himself that he could special order, being the resolutions of Mr. PoIndexTEN, mend or strengthen it by a repetition, and be would not as modified on motion of Mr. Clar;

consume the time of the Senate by an attempt to do so. The question being on the amendment offered by Mr. He said he should hold himself excused from the discusB1B11 — when

sion of these questions upon the present occasion, even if Mr. WRIGIIT rose and said, he had to thank the Sen. he had not attempted to establish them by argument ate for its indulgence in permitting hiin now to extricate when the resolution was under discussion, because the himself from the unpleasant position in which he had, for communication of the President argued them at large, several days, been placed in relation to the present de and, in his humble judgment, that paper was its own best bate.

When he obtained the floor, four days ago, bis defence upon these points. He had not heard its mateprincipal and almost only object was, to reply to some of rial facts impugned, or its reasoning successfully assailed; The remarks which bad on that clay been made by the and surely it was unnecessary for bim to attempt to dehonorable Senator from Kentucky, (Mr. Clar.) Al- fend that which was already sufficiently defended. By though time liad been given to him for further reflection, any attempt to strengthen what seemed to him impreghe still could not consider it his duty materially to alter nable, he might impair a defence which did not call for that course. The proceedings of the morning had evinced his support. to him a strong disposition in the Senate to close the de- Mr. W. said his object would therefore be, to give to bite, and he hoped not to occupy so much of their time the Senate, as concisely as he might, his views of the as 10 show any other inclination. In answer to a sugges- immediate questions presented for their decision, and tion which had fallen from some honorable Senator in then to proceed in his replies to the honorable Senator the course of the morning, he believed he could say from Kentucky. In order, however, that the whole subthat the time which had elapsed since he had been en-ject might be clearly understood, le considered it bis titled to the floor, would not induce him to extend his duty, before he proceeded further, to correct one mis

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take which several gentlemen seemed to have fallen into it recommend any measure to the consideration of Conat the early part of the discussion. He referred more gress, nor was it a communication to Congress of any de. particularly to both the honorable Senators from New scription. It was a communication to the Senate alone, Jersey, because their remarks were more clearly im- simply remonstrating against a proceeding of that body pressed upon his memory. They had spoken of the pro- condemning the official conduct of the President, anil test as embracing and complaining of the passage of both pronouncing him guilty of an impeachable offence. Mr. the resolutions offered by the honorable member from W. said he did not know that his views upon this point Kentucky. This was a mistake of fact, important in its were correct, but he considered the right of the Presibearing upon the discussion. It had been seen, upon the dent to make this communication the same which every first appearance of the paper, that it was important to citizen of the United States possessed by the constitution those who had sustained the resolution complained of, to to address either or both Houses of Congress in a respectful show that it was connected with the legislation of the manner, upon any subject in which his individual or offiSenate, and was calculated to lead to legislative action. cial rights and interests are involved. What, said Mr. In their ardor to show this, gentlemen had carelessly W., is the character of the communication before us? It blended the two resolutions, and had discussed the com- states that a proceedling of the Senate has infringed upon munication of the President as referring to both. This the constitutional rights of the Executive branch of the was not so. One of the resolutions merely pronounced Government; that we have pronounced the President, as upon the official conduct of the President, while the such, guilty of an impeachable offence, and have thus other declared the reasons of the Secretary of the Treas- visited upon his character and fame the moral effects, so ury for the change of the public deposites from the Bank far as our pronunciation may have weight, of a conviction of the United States to the State banks “unsatisfactory for a high crime, although the legal consequences of a and insufficient," in the judgment of the Senate. The regular sentence, after a trial upon an impeachment, do latter resolution might lead to legislation, and perhaps not follow. Hence he feels himself aggrieved, both perwas calculated to do so; for, if the reasons for the sonally and officially, and he sends to us his remonstrance change of the deposites were considered unsatisfactory, and protest against the injury. This is the paper, conthe Senate might consider it proper to originate a law, or ceded on all hands to be respectful in its language and joint resolution, directing their restoration. This would manner, and addressed to the justice of the body which be within the conceded jurisdiction of the Senate; and has inflicted the injury. That any private citizen, who he had not heard that either the President or any one might feel himself aggrieved by the action of the Senate, else, denied the power of the Senate to take that course, would possess the right thus to remonstrate, will not be or the propriety of its doing so. The protest surely con- denied; and has the President lost that right because he ‘ained no such denial, nor did it contain any reference happens to hold the first office in the gift of the people? whatever to this last-mentioned resolution. Its complaints Is the possession of a public office to deprive the citizen were all directed to the first; to that resolution which of his constitutional right to protect his public and pripronouncer the President guilty of unconstitutional and vate character, or even of the humble right of complaint, illegal acts, without any reference to legislation. The when he shall consider bis character and acts unjustly paper left no room for misconception or mistake upon assailed? He, Mr. W., did not understand that any such this point, for it recited at length the resolution to which limitation to the right of petition or remonstrance had alone it referred. He must, therefore, insist that this been prescribed by the constitution; he had not been point should be clearly understood hereafter; and that able to find any such disability annexed to the possession the President's communication should not be either con- of an honorable and responsible office, and he called demned or pronounced erroneous and false, for com- upon honorable Senators to pause and reflect before they plaining of an act of the Senate to which it did not attempted, by their action in this instance, to establish a contain the most remote reference. The resolutions were rule which might not only bind themselves, but take entirely independent of each other, and contained ex- from them one of their most dear and invaluable rights. pressions of opinion upon separate and entirely independ- This was his view of the right of the President to send ent subjects; and the President had only complained of this paper to the Senate, and he could not but consider it that one which criminated him. Of that which simply as clear and indisputable, as the right of any citizen of pronounced upon the reasons of the Secretary, he had the country to petition the Senate for any purpose whatsaid nothing

The points presented for the decision of the Senate, Is it then the duty of the Senate to receive the paper? as the subject presented itself to his mind, Mr. W. said, His answer to this question was, that the duty of the were three:

Senate, as to the receipt of this paper, is the same with 1st. Had the President a right to send the protest to its duty as to the receipt of any petition or remonstrance, the Senate?

respectful in its language and manner, and addressed to 241. Is it the duty of the Senate to receive it? the body. He could see no possible distinction, and

3d. Is it the duty of the Senate to enter it upon its surely it he had succeeded in establishing the right of the Journal?

President to send the paper to the Senate, upon the Mr. W. said, in the course of the debate, frequent ground upon which he had put that right, there could be reference had been made to the duty of the President, no distinction. Either was the constitutional right of the found in the constitution in the following words:

citizen, and that the injury complained of, in this instance “lle shall, from time to time, give to the Congress had a double bearing—that the President's character, in information of the state of the Union, and recommend an official as well as in a private sense, bad been unjustly to their consideration such measures as he shall judge assailed and deeply injured; and that the remonstrance necessary and expedient.”

and protest reached and exposed the injury in both reAnd the question had been confidently asked, and more spects, could not affect the right to present the paper, or confidently repeated, Where is the authority in this pro- the duty of the Senate to receive it when presented. Mr. vision of the constitution for the President to send to the W. said he had already remarked, that the communicaSenate a paper of this character? Ile did not consider tion was admitted upon all sides be respectful in its the communication now under discussion as having any language and manner, and lie would not anticipate any relation whatever to the clause of the constitution he had objection to its receipt, founded upon exceptions in these just read. It was not, in any sense, a communication particulars,so long as no such exceptions had been taken. giving "information of the state of the Union,” por dialiris acquaintance with parliamentary rules was very limit.

Vol. X.--102



President's Protest.

[MAY 5, 1834.

ed, but he did understand it to be the duty of every le- to enter the communication upon our Journal, and for gislative body, especially of the legislative bodies of this refusing even to receive it, that it is in itself a breach of country, to receive every petition and remonstrance ad. the privileges of the Senate. Mr. W. said he was little, dressed to them in language respectful to the body, and very little acquainted with this doctrine of “the privito its individual members, and until this character should leges of Parliament.” He had never found it either be denied to the paper before the Senate, he must con- pleasant or profitable to himself to study the doctrine, sider it the imperative duty of the Senate to receive it. and after the examples given to the Senate but a few

This, Mr. W. said, brought him to his third point. Is lays since, by the honorable Senator from Illinois, (Mr. it the duty of the Senate to enter the protest of the KANE,) of she odious and disgusting ceremonies gravely President upon its Journal? This question he considered practised by a British House of Commons, by way of addressed itself to the justice of the Senate, and the punislıment for breaches of the “privileges” of that leentry of the paper upon the Journal became a duty or gislative body, he felt sure that the Senate of the United not, as the Senate should or should not think its entry States would not find its attachment to parliamentary privthere an act of justice to itself and to the individual from ileges strengthened. Still British precedents had been whom it came. For himself he could entertain no doubt, cited to justify the course which was proposed for the that justice to the President, to the Senate, and to the Senate in relation to this message from the President. So public, required that it should be made a perpetual re- far as he had heard these precedents read, and so far as cord, by an entry upon the Journal. The Senate had he had been able to examine them in the course of his entered upon that Journal, and pronounced to the world, partial research, he believed them all to be wholly inapthe high charge against the President, of a violation of plicable to the case before the Senate. They are all the constitution and laws. They had not given to the cases of communications from the Crown to the one or President any opportunity to offer his defence to their the other House of Parliament, pending some legislative accusations, but, without notice to him, they had made action, and designed to influence that action. They are them a part of their recorded proceedings; and their not complaints of individual injustice to the Prince, or of Journal, laid upon his table, and showing to him bis con- encroachments upon the powers and rights of the Execuviction, was his only notice of their action. Feeling ag- tive; but they are attempts on the part of the Crown 10 grieved personally and officially by the sentence itself, dictate to the Legislature its course of legislative action, which he considers unjust, and by the manner in which Such is not the case before the Senate. Here is no effort it was pronounced, without notice to him and without any to influence the action of the Senate, or the votes of opportunity on his part to defend himself, and by exhib- Senators, for the votes had been given and the action was iting the truth, to defeat a conviction, he now makes this complete weeks before the communication came to the communication, setting forth the injustice of the proceed-Senate. The communication relates to an act of the ing of the Senate towards him, and presenting his de Senate, not legislative, but judicial, in its nature and fence to the charges made against him, so far as any such character, and the gravamen of the complaint is that the charges have been specifically set forth. This, his de- action had been completed, and the sentence of the Senfence and exculpation, he respectfully requests may be ate passed, without notice to the President, who was the entered upon the same Journal upon which the Senate accused officer, and without allowing him

to be heard in has recorded his guilt, in order that the record which bis defence. Were it otherwise; had the President made carries down to future ages the resolution condemning a communication of this character to the Senate while him, may carry along with it his justification. Is not the the resolution complained of was before the body, and request a reasonable one? Is it not an act of duty to the nor definitively acted upon; and had the complaint then high officer accused, that he should thus be permitted to been made of an attempt by the President to influence perpetuate his defence against an irregular and informal the action of the Senate, it would bave seemed 10 be condemnation by the Senate? Is it not just to the Presi- worthy of some attention. But surely this objection dent that his defence should be spread upon our Journal comes too late when our votes are recorded, our resolaby the side of that condemnation which we have volunta- tion adopted, and our action not only completed but rily pronounced against him, and that both should be em- passed beyond our power of recall. The paper before braced in the same record, and be thus left together for us is not designed to infuence our action, but to show the inspection and judgment of our successors and the that we have acted unlawfully and unjustly, and have public. It is said, as a reason for refusing this communi. thereby deprived a distinguished citizen, and the highest cation a place upon the Journal of the Senate, that the officer in the Government, of his constitutional and legal President has no right to demand its entry there. Sir, rights. said Mr. W., he has made no such demand; he claims no But, said Mr. W., without dwelling longer upon this right to make such a demand; he merely requests, re topic, let me caution gentlemen not to place too much respectfully requests us to permit its being thus entered, to liance upon English precedents as being applicable to the end that in all future time, the Journal may exhibit the legislative bodies of this country. We have written the whole case. This request is a full admission, if one constitutions defining the rights and limiting the powers were needed, that the President makes no claim of right of all the departments of Government. How is it in to have this paper spread upon our Journal. Was ever England? What is the constitution of the Government such a request found in those communications which the of Great Britain? It is the will of Parliament. What President makes to Congress under the clause of the are the privileges” of the British Parliament? They constitution before quoted? Certainly not; and this sim- are the will of the British Parliament. Mr. W. said, he ple fact shows most conclusively that the President did believed that one of the highest courts in the kingdom not consider this communication as coming at all within bad uniformly decided that it was incompetent for that the class of communications there mentioned, or as made court to adjudge what was, and what was not, a “privi. by virtue of the power there given, or rather the duty lege” of Parliament, because “ the privileges of Parlia. there imposed upon him. He sends this paper to the ment” were the will and pleasure of Parliament. Would Senate as his personal and official defence against a per- any one contend that the privileges of the Congress of sonal and official accusation which we have entered upon the United States are the will of the Congress of the our Journal, and he asks of our justice, what he does not United States that the privileges of the Senate are the claim as a right, that we shall give the same perpetuity will of the Senate? Surely not, and how then can the and publicity to his defence, which we have given to our decisions of the British Parliament, as to questions of charges. ii is further said, as a reason both for refusing privilege,” form safe precedents for the Congress of the

Mar 5, 1834.]

President's Protest.


United States? The power of the Parliament over the does not, constitutionally, possess either the right or the sabject is supreme, and any decision it may please to power to appoint ambassadors or other public ministers, make, is the paramount law of the case. The power of but with the advice and consent of the Senate, except Congress is confined to the specific grants of power to be when vacancies may happen in the recess. found in the constitution of the United States, and neither This, said Mr. W., is the first precedent relied upon it, nor either of its branches, can clairn privileges in con- in the practice of the Senate; and what is it? The Pres. travention of that instrument and of the constitutional ident asserts a power as constitutionally resting in his rights of the citizen. Mr. W. said he could not consider hands, but does not attempt its exercise. On the conBritish precedents upon the subject of parliamentary trary, he does what the resolution declares he should do, privilege as deserving of much weight when attempted and makes to the Senate the very nominations which the to be applied to our institutions. He rather considered resolution declares should be made to that body before them as dangerous guides, calculated to mislead us in the commissions issue; but in the communication transmitting rigid construction of our constilutional privileges, and to the nominations, he is understood to re-assert the right draw us towards those parliamentary claims which have to issue the commissions, without first having obtained the proved the most dangerous to civil liberty—the claims of advice and consent of the Senate. For over-caution, and unrestrained legislative will as the measure of legislative Iest the silence of the Senate might be held an acquiesprivilege. Mr. W. said he knew of no privilege of the cence in the assertion of power made by the President, Senate, and he certainly was not conscious that any priv- and lest that assertion and silence might, "at some future ilege of liis own was violated by the protest; and he con- time, be drawn into dangerous precedent," the resolution sidered it not less the duty of the Senate, than an act of is offered, counteracting the assertion of power made by justice to the President, that it should be entered at the President. No official act of the President is com. length upon the Journal, to remain forever with the high plained of, but merely the assertion of an opinion which accusation to which it was an answer.

the mover of the resolution held to be erroneous, and Other precedents, Mr. W. said, had been cited for an. contrary to the constitutional powers conferred upon the other purpose, drawn from the acts of the Senate itself. President. It is worthy of particular remark that no Reference had been made to the proceedings of the cele- vole of the Senate appears ever to have been taken upon brated Panama mission, a leading measure of the late ad- the resolution, and, therefore, it goes no farther as a preministration; and he understood the object of the refer- cedent than that it was offered by an individual member ence to be to justify the Senate in the passage of the reso- of the Senate, received, and entered upon the Journal, bition of which the protest complained. He felt it to be but never acted upon, adopted, or in any other way made kis duty to examine these precedents, because he was the act of the Senate. As has been before remarked, convinced that they would be found to have no possible the resolution refers to no act of the President, official or application to that proceeding which they were adduced unofficial, other than an expression of an opinion as to to justify. The cases would be seen to be wholly unlike his constitutional powers in the appointment and comin every material particular, and to exhibit no analogy missioning of foreign ministers. It neither answers nor and resemblance other than that which may be imagined condeinns any act of the President, official or unofficial, between the views of the judge as to what the law is, but merely pronounces an opinion upon the point involved, wholly disconnected from any consideration of an act contrary to the opinion entertained and expressed by the done, or crime committed, and the opinion of thai same President, but never acted upon; and all the record shows, judge, judicially pronounced, passing sentence of con- is, that the then President believed he had the right, demnation upon a culprit for a violation of that law. without the advice and consent of the Senate, to comEven this resemblance, if it deserved that appellation, mission ministers to represent this Government abroad, could only be traced between the case now under dis- and at places and in relations where no such represencussion and the first precedent cited. Between the prestatives of the Government had before existed, and the ext question and the latter precedent relied upon, he was Senator who offered the resolution did not believe that unable to discover any relationship of any denomination he possessed any such power. So much for the first prewhatsoever. lle would not, however, ask the Senate 10 cedent cited from our own authority to sustain the action lake his opinions as authority upon the subject, but he of the Senate in condemning, without trial, the President would detain them while he read the resolutions, that of the United States for his official acts. every Senator might form his own opinion as to the ex- Mr. W. then read from the same Journal, page 461, tent to which they were precedents for the unexampled as follows: condemnation which had been pronounced upon the offi. “A motion was made by Mr. Van Buren to amend the cial conduct of the President by the resolution complained resolution by adding thereto the following: of. He then read from the Journal of the Senate of Resolved, 'That the constitution of the United States, 1825-6, p. 414, as follows:

in authorizing the President of the United States to nomi“Mr. Branch submitted the following motion for con- nate, and, by and with the advice and consent of the sideration, which was read, and ordered to be printed in Senate, appoint' ambassadors and other public ministers,' confidence, for the use of the members:

authorizes the nomination and appointment to offices of a "Whereas, the President of the United States, in his diplomatic character only, existing by virtue of internaopening message to Congress, asserted that invitations tional laws; and does not authorize the nomination and had been accepted, and that ministers on the part of the appointment (under the name of ministers) of representUnited States would be commissioned to attend the delib- atives to an assembly of nations, like the proposed Conerations at Panama,' without submitting said nominations gress of Panama, who, from the nature of their appointto the Senate: And whereas, in an Executive communi-ment, inust be mere deputies, unknown to the law of cation of the 26th of December, 1825, although he sub-nations, and without diplomatic character or privilege. mits the nominations, yet maintains the right previously Resolved, That the power of forming or entering (in announced in his opening message, that he possesses an any manner whatever) into new political associations, or authority to make such appointments, and to commission confederacies, belongs to the people of the United States, them without the advice and consent of the Senate: And in their sovereign character, being one of the powers whereas, a silent acquiescence on the part of this body which, not having been delegated to the Government, are may, at some future time, be drawn into dangerous pre- reserved to the States or people; and that it is not within cedent: Therefore,

the constitutional power of the Federal Government to " Resolved, That the President of the United States appoint deputies, or representatives of any description,


President's Protest.

[MAY 5, 1834.

to represent the United States in the Congress of Panama, ed in both were those of constitutional power in some or to participate in the deliberation, or discussion, or re-one or in all of the departments of the Government, or commendation, or acts, of that Congress.

questions of political expediency, as connected with the Resolved, As the opinion of the Senate, that (waiving wise and safe administration of our foreign relations. No the question of constitutional power) the appointment of official act of any officer of the Governinent, or of ang deputies to the Congress of Panama, by the United States, department of the Government, was either alluded to or according to the invitation given, and its conılitional ac- proposed to be censured or condemned. The whole conceptance, would be a departure from that wise and set- test, in both cases, was one of opinion merely, and not of tled policy by which the intercourse of the United States action, and, whichever way it should have resulted, no with foreign nations has hitherto been regulated, and may officer or department of the Government was either imendanger the friendly relations which now happily exist peached or condemned for acts in violation of the constibetween us and the Spanish American States, by creating tution or laws. It is also a fact worthy of remark, and expectations that engagements will be entered into by not to be overlooked, that these last resolutions were exus, at that Congress, which the Senate could not ratify, pressly rejected by the Senate, by a single vote, taken. and of which the people of the United States would not upon the whole. approve.

Such, Mr. W. said, had been the success of the power* Resolved, That the advantages of the proposed mis- ful advocates of the proceeding of the Senate in condemsion to the Congress of Panama, if attainable, would, in nation of the President, in their attempts to support, by the opinion of the Senate, be better obtained, without precedent drawn from our own parliamentary history, the such hazard, by the attendance of one of our present action of this body. Might he not, without injustice to ministers near either of the Spanish Governments, au- any one, assunie that a proceeding so novel, and which thorized to express the deep interest we feel in their found such very slender supports, or rather such entire prosperity, and instructed fully to explain (when request- want of support from any former expression ever offered edy the great principles of our policy, but without being to either branch of Congress, must be, at least, doubtful a member of that Congress, and without power to com- as to either its legislative, executive, or judicial propriemit the United States to any stipulated mode of enforcing ty? He must be permitted to think ihat, whichever those principles, in any supposed or possible state of the character should be claimed for this resolution of the Senworld."

ale, it would be found equally indefensible in principle This, Mr. W. said, was the second precedent relied and precedent. mpon, and from which quotations had been made, to sus- Mr. W. said it now remained for him to reply, as brief. tain the resolution of the Senate of which the Presidently as possible, 10 some of the remarks of the honorable complains in the protest. What is this authority? The Senator from Kentucky, [Mr. Clar,] and having done sog. resolutions deny the constitutional power of the President he would relieve the Senate from bearing bim further. and Senate, under the authority given in that instrument The honorable Senator told us, and I was somewhat to appoint "ambassadors and other public ministers," to surprised that he had been able to convince himself that appoint representatives to a Congress of nations, and such was the fact, that the advocates of the resolution assert that the character of such representatives would uniformly avoided speaking of the motives of the Presinot be diplomatic, and that the persons appointed would dent. Had the honorable gentleman forgotten that in alnot be entitled to diplomatic privileges; that the Federal most the first sentence of bis address, on opening the Government, in all its branches, does not possess the con- debate, he pronounced to the Senate and the country that stitutional power to enter into political associations and the President was attempting to grasp all the powers of confederacies, new in their character, and unknown to this Government into bis single hand? blad be forgotten the country, but that this is one of the powers reserved bow frequently that officer of the Government was, duto the States or to the people; that the appointment of ring the course of this debate, termed a despot, a usurper, deputies to represent the United States in the proposed a military chieftain? how often the harsh term of "a Congress of nations at Panama, would be a departure robbery of the public treasury” was applied to the act of from the wise policy heretofore pursued by the Govern- the removal of the deposites? ment in its intercourse with foreign nations, and might (Here Mr. Clay explained. He said he did not intenı! endanger the friendly relations at the time existing be- to refer to the debates in his remarks in relation to the tween the United States and the Spanish American states; President's motives; that what he had intended to say, and that all the valuable purposes of the proposed mis- was, that the resolution contained no imputation upon his sion, or representation, might be better attained through motives.} the agency of some one of our diplomatic agents near Mr. Wnight said he would accept the gentleman's exthose states. This is the substance of the four resolu- planation; for he felt sure, at the time he heard the remark, tions, and do they assume to condemn the official acts of that it was not intended in its literal sense. The genthe then President? Do they even assume to deny to bim tleman used the term "advocates," from which Mr. W. constitutional powers which they do not at the same time inferred that he alluded to the debates; but as his expladeny to the Senate itself, and to every other branch of nation seemed to adınit that, in the debates upon the resthe Government? Mr. W. said he did not so understand olution, the motives of the President were not perm tted them, and he had been wholly unable to trace the most to escape accusation, he would consider the remark as remote analogy between these resolutions and that sen- applied to the resolution itself. And what, said Mr. W., tence of the Senate pronounced against the official acts is ihe resolution, as it stands upon the journal? Is it of the President which they had been referred to to sus- merely an accusation, an indictment, an article of imtain. When these resolutions were offered to the Senate peachment? No, sir. It is a judgment upon ari accusano effeciive act had been performed by any department tion. It does not accuse; but assuming ail anterior pro. of the Government. The President bad noininated what ceedings, it convicts. In vain, then, do gentlemen tell us. he called ministers to attend the Congress of nations at that it does not, in its terms, refer to the motives of the Panama, but he had not attempted to commission and President, and that an impeachment must accompany an despatch them, without the advice and consent of the accusation of crime with an allegation of a corrupt or Senate; and it was upon the question of giving this ad- wicked intent. The position was true as to indictments, vice and consent that these resolutions, as well as that one and might be true as to impeachments, though Mr. W. bewhich constituted the first precedent quoted, were offer- lieved the allegation of wicked intent was not indispensaed to the attention of the Senate. The questions insolv-Ible in the latter; but however that might be, no one would

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