MAY 6, 1834.]

President's Protest.

[SENATE.

they impose, and of course that they do not confer pow-the people of the several States, as distinct from the er, but impose obedience-obedience, in his case, to the people in the aggregate, as was solemnly determined at constitution and the laws, in the discharge of his official the very commencement of the Government, under the duties. The opposite view-that on which he acts, and immediate authority of Washington himself. Such, I had which would give to the President a right to assume what- supposed, was the established political creed of the party ever duty he might choose, and to convert such duties at the head of which he professed to be, and yet he into powers would, if admitted, render him as absolute claims to be not only the representative, but the immeas the Autocrat of all the Russias. Taking this errone-diate representative of the American people. What efous view of his powers, he could be at little loss to jus- frontery! What boldness of assertion! The immediate tify his conduct. To justify, did I say? He takes higher, representative! Why, he never received a vote from far higher ground; he makes his interference a matter of the American people. He was elected by electors, electobligation; of solemn obligation; imperious necessity-ed either by the people of the States or by their Legis the tyrant's plea. He tells us that it was due to his sta- latures; and of course is at least as far removed from tion, to public opinion, to proper self-respect, to the ob- the people as the members of this body, who are electligation imposed by his constitutional oath, his duty to see ed by Legislatures chosen by the people; and who, if the the laws faithfully executed, his responsibility as the truth must be told, more fully and perfectly represent head of the Executive department, and to his obligation the people of these States than the electoral colleges; to the American people, as their immediate representa- since the introduction of national conventions, composed tive, to interpose his authority against the usurpations of of office-bolders and aspirants, under whose auspices the the Senate. Infatuated man! blinded by ambition-intoxi-Presidential candidate of the dominant party is selected, cated by flattery and vanity! Who, that is the least ac- and who, instead of the real voice of the people, utter quainted with the human heart-who, that is conversant that of a mercenary corps, with interests directly hoswith the page of history, does not see, under all this, tile to theirs.

the workings of a dark, lawless, and insatiable ambition; But why all this solicitude on the part of the Presi which, if not arrested, will finally impel him to his own, dent to place himself near to the people, and to push us or his country's ruin? off to the greatest distance? Why this solicitude to make

It would be a great mistake to suppose that this pro-himself their sole representative, their only guardian test is the termination of his hostility against the Senate. and protector, their only friend and supporter? The obIt is but the commencement-it is the proclamation inject cannot be mistaken. It is preparatory to farther which he makes known his will to the Senate, claims hostilities-to an appeal to the people; and is intended to their obedience, and admonishes them of their danger, to prepare the way in order to transmit to them his declashould they refuse to repeal their ordinance-no, not or-ration of war against the Senate, with a view to enlist dinance their resolution. I am hurried away by the re-them as his allies in the war which he contemplates collection of the events of the last session. The hostili-waging against this branch of the Government. If any ties then and now waged are the same in their nature, one doubts his intention, let him cast his eyes over the character, and principle; differing only in their objects contents of this paper, and mark with what anxiety he and the parties. Then it was directed against a sover-seeks to place himself in an attitude hostile to the Seneign member of this confederacy-now against the Sen-ate; how he has converted a simple expression of opinate. Then the Senate was associated with the Execu-ion into an accusation-a charge of guilt-a denunciative, as its ally-now it is the object of his attack. I repeat, tion of his conduct-an impeachment, in which he rephostilities will be prosecuted against us, unless we repeal resents himself as having been tried and condemned our resolutions, to effect which, is the object of sending without hearing or investigation. The President is an us this protest; for, disguise it as we will, to receive this old tactician, and understands well the advantages of protest and to enter it upon our Journal, would be a vir- carrying on a defensive war with offensive operations, in tual repeal, a surrender of our rights, and an acknowl which the assailed assaults the assailant; and his object is edgment of his superiority; and in that light it would be to gain a position so commanding, in the prosecution of considered by the country and the world, by the present hostilities which he meditates. and future generations. Having secured this important position, as he supposed, Should we repeal our resolutions by receiving and en-he next endeavors to excite the sympathy of the people, tering the protest on the Journal, we no doubt will be whom he seeks to make his allies in the contest. He taken into favor, and our past offences be forgiven; but tells them of his wounds—wounds received in the war of if not, we may expect that the war message (unless in- the Revolution-of his patriotism; of his disinteresteddeed the public indignation should arrest it) will follow ness; of his freedom from avarice or ambition; of his adin due time, of which the protest contains many indi-vanced age, and finally, of his religion; of his indifference cations, not to be misunderstood.

to the affairs of this life, and of his solicitude about that It is impossible for the most careless observer to read which is to come. Can we mistake the object? Who this paper, without being struck with the extreme soli- does not see what was intended? Let us bring under a citude which the President evinces to place himself in single glance the facts of the case. He first seized upon a position between the Senate and the people. He tells the public money, took it from the custody of the law, us again and again, with the greatest emphasis, that he and placed it in his own possession, as much so as if plais the immediate representative of the American peo-ced in his own pocket. The Senate disapproves of the ple. He the immediate representative of the American act, and opposes the only obstacle that prevents him people! I thought the President professed to be a State from becoming completely master of the public treasury. rights man, placed at the head of the State rights par- To crush the resistance which they interpose to his will, ty; that he believed that the people of these States were he seeks a quarrel with them; and, with that view, seizes united in a constitutional compact, as forming distinct and on the resolution in question as the pretext. He sends sovereign communities; and that no such community or us a protest against it, in which he resorts to every art to people, as the American people, taken in the aggregate, enlist the feelings of the people on his side, preparatory existed. I had supposed that he was the President of the to a direct appeal to them, with the view to engage them United States, the only title by which he is legally and as allies in the war which he intends to carry on against constitutionally known; and that the American people are the Senate till they submit to his authority. He has not represented in a single department of the Govern- proclaimed, in advance, that the right to interfere, inment; no, not even in the other House, which represents, volves the right to make that interference effectual.

To

SENATE.]

President's Protest.

[MAY 6, 1834.

make it so, force only is wanting. Give him an adequate lution into effect, by giving it the form of a joint act of force, and a speedy termination would be put to the con- both Houses. Nor is the attempt to limit our legislative troversy.

functions by our judicial, in reference to the resolutions, Since, then, hostilities are intended, it is time that we less extraordinary. I had supposed that our judicial were should deliberate how we ought to act; how the assaults in addition to our legislative functions, and not in dimi upon our constitutional rights and privileges ought to be nution; and that we possess to the full extent, without met. If we consult what is due to the wisdom and dig limitation or substraction, all the legislative powers posnity of the Senate, there is but one mode: meet it at the sessed by the House of Representatives, with a single exthreshold. Encroachments are most easily resisted at ception, as provided in the constitution. Were it possi the commencement. It is at the extreme point-on the ble to raise a rational doubt on the subject, the example frontier-that, in a contest of this description, the assail- of the English Parliament would clearly prove that our ant is the weakest, and the assailed the strongest. It is judicial functions impose no restrictions on our legisla there that the purpose of the usurper is the most feeble, tive. It is well known that the House of Lords, like the and the indignation of those whose rights are encroached Senate, possess the power of trying impeachments, and upon, the strongest. Permit the frontier of our rights to I venture to assert, that, in the long course of time in be passed, and let the question be, not resistance to usurp- which it has exercised this power, not a single case can ation, but at what point we shall resist, and the conquest be pointed out, in which it was supposed that its judicial will be more than half achieved. I, at least, said Mr. functions were diminished in any degree by its legislative; C., will act on these principles. I shall take my stand at and when we reflect, that this portion of our constitu the door of the Senate, if I should stand there alone. Ition is borrowed from the British, their example must be deny the right of the President to send us his protest. I considered as decisive, as to the point under consider deny his right to question, within this chamber, our ation. opinions, in any case, or in reference to any subject whatever. He has no right to enter here in hostile array. These walls separate us. Beyond this, he has his veto to protect his rights against aggressions from us; but within, our authority is above his interference or control.

But let us reflect a moment to what extent we must necessarily be carried, if we once admit the principle. If the Senate has no right, in consequence of their judicial functions, to express an opinion by vote or resolu tion, in reference to the legality or illegality of the acts Entertaining these views, I, for one, cannot agree to of public functionaries, they have no right to express receive the protest. But it is said that the Senate never such opinion individually in debate; as the objection, if has yet refused to receive a message from the President. it exists at all, goes to the expression of an opinion by In reply, I answer, that it has never yet agreed to receive individuals as well as by the body. He who has made up a protest from him; and I, at least, shall not contribute an opinion and avowed it in debate, would be as much by my vote to establish the first precedent of the kind. disqualified to perform his judicial functions as a judge With these impressions, although I agree to the resolu- on a trial of impeachment, as if he had expressed it by a tions offered by the Senator from Mississippi [Mr. POIN- vote; and of course, whatever restrictions the judicial DEXTER] as modified, a sense of duty will compel me to functions of the Senate may be supposed to impose, would go farther, and to add, at the proper time, two additional be restrictions on the liberty of discussion, as well as that resolutions; one affirming that the President has no right of voting; and consequently destroy the freedom of deto protest against our proceedings, and the other refusing bate secured to us by the constitution. to receive this, his protest. I am, indeed, (said Mr. C.,) amazed, that so great a

I have now said all that I intend in reference to the misconception of the essential powers of a deliberative question at issue between the Senate and the President; body should be formed, as to deny to a legislative assem and will conclude by a few remarks addressed more di- bly the right to express its opinions on all subjects of a rectly to the Senate itself. public nature, freely, fully, and without restriction or

Of all the surprising events, said Mr. C., in these sur-limitation. It inherently belongs to the law-making pow prising times, none has astonished me more, than that er--the power to make, repeal, and to modify the lawsthere should be any division of opinion, even the slight to deliberate upon the state of the Union; to ascertain its est, as to the right of the Senate to pass the resolution actual condition; the causes of existing disorders; to dewhich has been seized on as the pretext to send us this termine whether they originated in the laws, or in their protest. Before the commencement of the discussion, I execution, and to devise the proper remedy. What sort would not have believed, that there was a single individu- of a legislative body would it be, that had no right to al, in our country, the least conversant with parliamentary pronounce an opinion whether a law was or was not in proceedings, who entertained any doubt of the right of conformity to the constitution? and whether it had or had any free and deliberative body, fully and freely to discuss not been violated by those appointed to administer the and express their opinion on all subjects relating to the laws? What could be imagined more absurd? and yet, public interests, whether in reference to men or measures, if the principle contended for be correct, such would be or whether in approbation or disapprobation. I venture the character of the Senate. We would have no right to the assertion, that such a right has never been questioned pronounce a law unconstitutional, or to assert that it had before in this country, either here or in the State Legisla been violated, lest it should disqualify us from performtures, or in Great Britain, for the last century, by any ing our judicial functions. party, whig or tory. Nor is my astonishment diminished There seems to be (said Mr. C.) a great misconception by the distinction which has been attempted to be taken, in reference to the real nature and character of the Legisbetween the expression of an opinion in reference to the lative and Executive functions. The former is in its naconduct of public officers, intended to terminate in some ture deliberative, and involves, necessarily, free discuslegislative act, and those not so intended-a distinction sion, and a full expression of opinion on all subjects of without example or precedent, and without principle or public interest. The latter is essentially the power of Nor am I less surprised, that it should be grave- executing, and has no power of deliberation beyond asly asserted, as it has been in debate, that the resolution certaining the meaning of the law, and carrying its enactin question was not intended to terminate in some ulterior ments into execution; and even within this limited sphere legislative measure. How this impression was made, or its constructions of its powers are formed under responcould be ventured to be expressed, I am at a loss to con- sibility, not only to public opinion, but also to the Legisceive, as it was openly avowed, and fully understood, that lative department of the Government. we only waited for the proper moment to carry the reso- But wherever the Executive is yested with any por

reason.

MAY 6, 1834.]

President's Protest.

[SENATE.

tion of legislative functions, so essentially do those func-terested that they should not be, that nothing but their tions involve the right of deliberation, and a full and free reversing their course can possibly prevent their appli expression of opinion, that they transfer with them, to cation. They owe it to themselves-they owe it to the the Executive, the right of freely expressing his opin-Chief Magistrate whom they support (who, at least, is ions on all subjects connected with such functions. Thus venerable for his years) as the head of their party-that the President of the United States, who is vested by the they should halt in their support of the despotic and slaconstitution with the right of communicating to Congress vish doctrines which we hear daily advanced, before a reinformation on the state of the Union; of recommending turn of the reviving spirit of liberty shall overwhelm to its consideration such measures as, in his opinion, the them, and those who are leading them to their ruin. public interest may require; to approve of its acts; and I can speak (said Mr. C.) with impartiality. As far as to ratify treaties, which have received the consent of the I am concerned, I wish no change of party designations. Senate; has, in the performance of all these high legisla- I am content with that which designates those with whom tive functions, a right to express his opinion as to the I act. It is, I admit, not very popular, but is at least an nature and character and constitutionality of all the meas- honest and a patriotic name. It is synonymous to resistures, in the consideration of which may be involved the ance to usurpation—usurpation, come from quarter and performance of these duties—a right which the present under what shape it may; whether it be that from this Chief Magistrate has, on all occasions, freely exercised, Government on the rights of the States, or the Executive as we have witnessed this session, both in his annual mes- on the Legislative department. sage, and the one announcing his veto on the land bill. In the former, he pronounced the United States Bank to be unconstitutional, and has, of course, according to his own principle, impeached the conduct of Washington and Madison, (the former of whom signed the charter of the first bank, and the latter of the present,) and all the members of both Houses of Congress who voted for the acts incorporating them.

When Mr. CALHOUN had concluded, Mr. BIBB withdrew his amendment "that the protest be not received." Mr. FORSYTH then moved to amend the resolutions, by striking out all after the word “Resolved,” in the first resolution, and inserting

"That the message of the President, protesting against the resolution of the Senate of the 25th of March, be entered on the Journal, according to his request.

Mr. POINDEXTER asked for the yeas and nays on this amendment, and they were ordered.

Mr. CALHOUN then moved to amend the original resolutions, by adding the two following resolutions:

I am mortified (said Mr. C.) that in this country, boast- "Resolved, That, leaving to the States, to whom the ing of its Anglo-Saxon descent, that any one of respect- Senate is alone responsible, to judge whether the resoluable standing, much less the President of the United tion complained of is, or is not, within the constitutional States, should be found to entertain principles leading to competency of this body, and called for by the present such monstrous results; and I can scarcely believe my-condition of public affairs, an authenticated copy of the self to be breathing the air of our country, and to be with original resolution, with a list of the yeas and nays, of in the walls of the Senate Chamber, when I hear such the President's message, and of these resolutions, be doctrines vindicated. It is proof of the wonderful de- prepared by the Secretary, and transmitted by the Vice generacy of the times-of a total loss of the true concep- President to the Governor of each State of the Union, to tions of constitutional liberty. But, in the midst of this be by him laid before the Legislature at their next sesdegeneracy, I perceive the symptoms of regeneration. It sion, as the only authority authorized to judge upon the is not my wish to touch on the party designations that opinions and conduct of the Senators respectively." have recently obtained, and which have been introduced in the debate on this occasion. I, however, cannot but remark, that the revival of the party names of the Revolution, after they had so long slumbered, is not without a meaning-not without an indication of a return to those principles which lie at the foundation of our liberty. Gentlemen ought to reflect that the extensive and sudden revival of these names could not be without some adequate cause. Names are not to be taken or given at pleasure: there must be something to cause their appli- A few words passed between Mr. FORSYTH, Mr. cation to adhere. If I remember rightly, it was Augustus, POINDEXTER, Mr. KING, and Mr. CALHOUN, on the in all the plenitude of his power, who said that he found question of order, as Mr. FORSYTH'S proposition was it impossible to introduce a new word. What, then, is pending. Mr. CALHOUN stated, that the obvious meanthat something? What is there in the meaning of whig ing of a rule of the Senate, that before any motion to and tory, and what in the character of the times, which strike out the words of a resolution should be received, has caused their sudden revival, as party designations, at was, that the resolution might be made as perfect as posthis time? I take it, that the very essence of toryism-sible. Mr. FORSYTH finally withdrew his amendment that which constitutes a tory, is to sustain prerogative for the present, to allow the question to be taken on the against privilege to support the Executive against the resolutions of Mr. CALHOUN. Legislative department of the Government, and to lean

"Resolved, That the President of the United States has no right to send a protest to the Senate against any of its proceedings.

"Resolved, That the Senate do not receive the protest of the President."

The yeas and nays were then ordered on the amendto the side of power, against the side of liberty; while ment proposed by Mr. CALHOUN the whig is, in all these particulars, of the very opposite Mr. FORSYTH then rose and said he concurred with principles. These are the leading characteristics of the the Senator from South Carolina, [Mr. CALHOUN,] that respective parties, whig and tory, and run through their the paper was an official message from the President of application in all the variety of circumstances in which the United States-in some sort personal, too, as every they have been applied, either in this country or Great paper must be that was presented by an officer, to defend Britain. Their sudden revival and application at this himself on a charge of disregarding his duty, his personal time ought to admonish my old friends, who are now on character being in such charge necessarily involved. the side of the administration, that there is something Considered as an official communication from a co-ordiin the times-something in the existing struggle between nate department of the Government, it was with unfeigned the parties, and in the principles and doctrines advocated surprise that Mr. F. saw the pertinacity of members in by those in power-which has caused so sudden a revival, thus gravely discussing the question, whether the message and such extensive application of the terms. I have not or protest should be received or not. Senators treat it contributed to their introduction, nor am I desirous of as an ordinary petition or memorial. Now a petition was seeing them applied; but I must say to those who are in- never in the hands of the Senate, until it was formally

VOL. X.-104

[MAY 6, 1834. That

received. A member under the rule presents a memorial tion are resting upon our firmness and integrity. in his place, states its contents, and if no objection is remains to be seen. In his opinion, if greater caution, made, it is received. If objection is made, the sense of moderation, and wisdom did not govern the Senate, it the Senate is taken-the memorial remaining, until the will come to be considered a blot upon our system. It Senate agrees to receive it, in the hands of the Senator will lose its title to public confidence and regard when who offered it. How is it with an official message from ever the shield put under its care to interpose between the President to either House of Congress, or from one other departments and the people, is thrown away, to asbranch of the Legislature to the other? The Secretary sume the sword to assault co-ordinate branches of the of the Executive or of the House presents himself at our Government. bar: "I am directed to lay before the Senate a message in The Senator from South Carolina [Mr. CALHOUN] writing," &c. It is laid on our table-it is beyond the tells us that the President has assaulted the Senate-that control of the Executive or of the House without our this protest is a declaration of war by the Chief Magispermission it cannot be withdrawn-it lies on the table of trate against the Senate. War on the Senate! What the Senate, in our possession, before and after it is read. was the resolution of the Senate? Was it not a declaraWhatever may be its contents, we cannot refuse to receive tion of war against the President? An appeal to the it, without acting absurdly. Admit our right to examine people to condemn and punish him? But the President's the paper, and decide upon its character before it is re-integrity is not put in issue by the resolution. Ah! ceived, and then, when passion, or reason, or prejudice, What, then, is put in issue? His understanding, if not prevails, to refuse to receive a message disagreeable to his integrity. Can a man be accused of usurpation, of us, what becomes of the rights of the President and the tyranny, in office? Can an appeal be made to the peotwo Houses, in their intercourse with the Executive and ple to rush to the rescue of their dearest rights, by one with each other? A bill is sent to the President. He re- who has seized the purse and the sword, without calling turns it with his veto-examining freely the powers of in question the integrity of the accused? Yet after angry Congress, and placing his refusal to pass the bill on the debates and unmeasured denunciations by his political ground of want of constitutional power in the Federal opponents, and they have imbodied their censure in one Government to legislate on the subject of it--speaks free- resolution, worded cautiously, to convey every thing ly or harshly of usurpations of power-and can we or the against him, and commit themselves as little as possible, House of Representatives refuse to receive it? What his temperate and respectful answer is, making war upon becomes of the bill? It is a law, if not returned to the the Senate-is appealing to the people against the judg House where it originates, in ten days. The message and ment of the representatives of the States! He has made returned bill are not on file or on the Journals of either no war-he has made no appeal-he has answered a deHouse; no record of the veto, where alone it can or ought liberate accusation-he has met the appeal of the Senate to be looked for, is on the Journals of the House where to the people. Did honorable members suppose the Presthe bill originated. ident would shrink from the tribunal to which the Senate

What can the President appeal to? In the dispute called him, and refuse to plead? They could not know which will inevitably arise, who is to decide, and how? the President and have indulged such a thought. Could In the intercourse between us and the President, the right any President, however timid and irresolute, fail to deof the Executive is our right. If we could refuse to re- fend himself when thus assailed? That the Chief Magisceive his messages, he could refuse to receive ours. Atrate had the right to answer his accusers, will not be debill is sent to him, he will not receive it. When does it nied. How it should be done is more questionable. A become a law? He is allowed ten days to decide upon scrutiny might be demanded of the House of Represengiving or withholding his sanction. He denies having tatives, and in ordinary cases this might be the proper had the consideration of the bill-he has not received it. course. What would have been said if, going to the What is to become of the Government, if such questions House, the President had demanded an inquiry into his are permitted to be raised? In the intercourse between conduct, thus assailed as he was by the Senate unjustly, the two Houses of Congress, confusion and controversy and in disregard of the provisions of the constitution? would every day arise; in that between the two or either We should have been told that a conspiracy was on foot branch of Congress and the Executive, disastrous hostili- to destroy the Senate by a union of the Executive and of ty, followed by violent convulsions, would be the una- the House of Representatives-that the President was voidable result. It was too late, out of time, to talk of perfectly safe in demanding an inquiry, because a constireceiving the message. It was there. As far as the offi- tutional majority of the Senate could not be, as was ascercial character of the President, or his personal honor, was tained by the vote on the resolution of censure, found to concerned, it was indifferent whether the Senate refused pronounce him guilty. The course pursued of sending to receive the message, or what treatment it met. Mr. the defence to those who made the accusation, was cerF. thought it had been addressed by the proper channel tainly just and fair. There is his defence made necesto the people. As an act of justice to the body, it was sary by the act of the Senate. It is denounced as a comsent through the Senate. It was before the people, and mand to stain our records by recording a contradiction of they would form and act upon a fair judgment of it. Mr. the record. Does he command? The language is, "I F. was anxious that a proper disposition should be made request." But this request is not made, says the Senator of it, from regard to the character of the Senate. The from Kentucky, [Mr. CLAY,] as a convicted criminal, hummore disrespectfully it was treated, the worse for the Sen- bled by a sense of guilt and penitent for his transgres. ate, the better for the Executive. In this question, which sion. No, indeed, it is not. It is made in the respectful had been most unnecessarily raised between them, Mr. and moderate, but firm tone of an officer conscious of inF. believed the Senate were in the wrong, and feared nocence, and forgetting the injury inflicted upon him in that the true character and just influence of the body would be most dangerously impaired, if the message of the Chief Magistrate, chosen by the people, and vested with their executive powers, was not treated with due decorum and respect. Recent events have fixed public attention, with intense anxiety, upon the Senate. Its character was scrutinized, and on its future conduct depended its fate. Honorable Senators tell us that we possess the public confidence, and that the hopes of the na

his just reliance on the justice of his fellow-citizens and of posterity. He requests only that it may be recorded with the accusation, that it may be preserved for the inspection of all those who shall see the charge. Will the Senate refuse this request? It may be thrown in the fire

treated with any and every species of contumely-the consequence of such treatment will fall upon the Senate.

True, or false, it should be preserved. If false, those who have given occasion for it, ought to rejoice. A fair

MAY 6, 1834.]

President's Protest.

[SENATE.

scrutiny into it, will be just and appropriate. Examine should be beyond Executive interference. The arguit facts, prove them to be assumed, doubtful, or false. ment would be good, if the constitution said any thing Sift its arguments, show them to be loose, illogical, or about separate resolutions. As it did not, the fairer inillusory. Weigh its conclusions, demonstrate them to be ference was, that separate resolutions were not thought unsound. The Senate owes to itself, and to the Pres- of by the framers or authors of the Government. The ident, and to the people of the States, to place the sub- authority of each House to regulate its own proceedings, ject in all its true lights, before the world. The Sen- referred to, could not apply, as the object of these cenator from South Carolina [Mr. CALHOUN] asks for the con- sorial resolutions was to regulate the course, or, more stitutional authority of the President to send such a mes- properly, to influence the proceedings of others. sage? Mr. F. would answer this question distinctly. The President can, of course, have no business with The authority is given in the concluding paragraph of what is done in the regulation of the proceedings of either that part of the constitution which authorized the Senate House; but when the resolutions are exclusively external to pass the resolution. Where is that to be found? No- in their operation, and operate directly on his official and where. The right of the Senate rests upon implication-personal conduct and character, his right to interfere is requires d'emonstration. Demonstrate the theorem by much more clear than the right of either House thus to what process ye may, the President's right to reply and operate upon him. It is, in fact, but the mere right of protest, is the corollary. The same honorable Senator, self-defence, not denied to any individual or body corhowever, says, the Executive can take no power by im- porate, however humble, or however exalted. The Presplication or construction; there are constructive powers, ident had, as was said by the same Senator, the audacity but they are all legislative. The Senator had, in a for- to enter the Senate hall, and interfere between members mer discussion, acknowledged distinctly the power of re- and their constituents. Was that a fair statement? The moval in the President of the United States. Where was President had not only not interfered, but expressly disthe express grant for that? It was strictly a constructive claimed all right or intention to interfere between Senpower-a power implied. Admitting, for argument's ators and their constituents and their consciences. He sake, the accuracy of this distinction, where does the stated, in his own defence, naked facts, according to eviSenator find the power of the Senate by construction? dence recorded in the archives of the Senate. He has The whole Legislature, it is asserted, has constructive had the audacity to use simple facts, without drawing power; but each branch must have it separately. Where even an inference, in his defence. And why not use is the constructive power of either? Such is the argu- these facts, as well as any other facts, for that purpose? ment. The argument is, all have it; therefore each has The Senate is not very scrupulous in its treatment of the it. How very unsatisfactory, Mr. F. said, it was scarcely President; and the Senators who are so sensitive at this necessary, after stating it, to assert. Admitting, how- asserted, but denied, interference between them and ever, this ingenious fallacy to be sound reasoning, how their constituents, interfere between the President and does the Senator exclude the President from the benefit his constituents, without hesitation or delicacy.

of it? The President is an important portion of the Legis- Are we to use the rod without mercy, and treat the lative authority. How can it be denied, that the implied Executive as a whipped school-boy; charge him with auconstructive power belonging to the whole Legislature, if divisible, and to be severally assumed by two branches of the three, among whom it is parcelled out, is not possessed in any degree by the third?

dacity if he does not kiss the rod which has been applied to his shoulders merely for his own good? If the President had appealed to the States, had sent his address to the State Legislatures, he would have been justified by the example set him here. He has not. He has left the Senators to their constituents, and no doubt the parties would, in due season, come to a right understanding.

The power of passing censorial resolutions, by either House of Congress, was not to be found in the constitution. The framers of the constitution probably supposed such never could be necessary, the powers exThe Senator from South Carolina has called the attenpressly granted to both, united or separately, being suf- tion of his adversaries to the late general application of ficient to prevent or to punish irregularity or criminality the term whig to the discordant fragments of all parties in the other departments of Government. Nor was it to opposed to the administration. He seemed to imagine be denied that the powers granted are amply sufficient, it arose from the peculiar applicability of the term. The except in cases of most extraordinary character, none of general application of the name did not prove any fitness which had, and, Mr. F. trusted, never could, occur. to the thing to which it was applied. It proceeded not Either can prevent improvident legislation at its own will; from the harmony between the name and the thing, but the two Houses can correct misconstruction of laws, by from concert between those who were desirous of giving repealing or amending statutes-abuse of power by enact- a new and popular name to old and unpopular things. ing new limitations on its exercise; while the great rem- There was an organized and associated press, directed, edy of impeachment is at hand to prevent flagrant viola- if not by one impulse here, at least directed to one end tions of Executive duty. The inquiry alone into the con- by different impulses. The press, through all its ramifi. duct of the Executive, in any of its branches, with a view cations, taking up the watch-word "whig" from its pure to impeachment by the House of Representatives, was a source in New York, sounded it through the country, and more powerful corrective than any separate resolution of the secretary of the Hartford convention, and the Osdisapprobation either House could pass. While, how goods and Parishes of the pulpits of the East, and all ever, it may be admitted that either could, in its own like spirits of the West, and South, and Middle States, defence, or in cases of pressing danger, resort to this joined in the concerted cry. Mr. F. did not believe in constructive authority to act by a separate resolution, it the possibility of deluding the people to embrace concannot be, never has been before, denied that the party demned doctrines and politicians, by the simultaneous censured, upbraided, with usurping power, or violating application to them of a respectable and venerated name. the obligation of duty, had a right to be heard in any form he chose to present himself, justice and decorum to others being duly regarded.

He was sorry to see the attempt, because the effect would be to degrade a name associated with our glorious recollections of exalted patriotism and disinterested suffering; From the Senator from South Carolina [Mr. CALHOUN] of great public services, and holy devotion to freedom. one singular idea fell. He had said, that, as joint resolu- Mr. F. asked if the name of whig would not be detions were constitutionally subjected to the President's graded if applied indiscriminately to persons who had reto, like acts of Congress, it followed that the framers disregarded, in the days of the country's peril, the obligaof the constitution intended that separate resolutions tions of duty and patriotism. Ask the Northern section of