SENATE.] President's Protest. [MAY 6, 1834. the opposition, if the nullifiers are whigs-twelve months Senate were now likely to have a discussion on the prop since they were rebels. Ask the Southern section if the ositions offered by the gentleman from South Carolina, Hartford conventionists are whigs-a few years since they with the prospect of a new discussion on those about were a disgrace to the country; were then the open ene- to be offered by the gentleman from Georgia. If the mies of the constitution. Ask the nationals and the con- vote were now taken, the way would be clear for the dissolidationists, the high tariff and internal improvement cussion of the resolutions which were yet to be offered. men, the State rights men, par excellence, if they are Mr. PRESTON said, it was not without surprise that each and all whigs, in the English or American accepta- he had remarked a great degree of acute sensibility among tion of the word and the answer may be: Oh, yes! now, certain Senators, on any motion being submitted touching but not a short time since, and they will not be some short the encroachments of Executive power; when he did not time hence, if things go as the hope is that things will go. perceive the slightest degree of sensitiveness, if any moMr. F. felt how difficult it was to find an appropriate tion was made touching the power or rights of the Legis name for the union of such discordant materials; but he lature of the United States. We seem (said Mr. P.) to thought he could furnish one sufficiently descriptive. look at things through different media, to which our own Unlike the party to which he would apply it, it was the peculiar interests or prejudices impart the hue which name of a compound, good in itself, and made of materi- tinges whatever we rest upon. I am far from supposing als all of which were good in their way. Suppose we that gentlemen, who seem so sensitive as to every thing call it the Punch party. Punch is the union of insipid which touches Executive power, can entertain the slightwater--the deluded men who are the chief material of the est idea that any motion of that sort will have the effect of party; acid, from the lime of Southern growth-it is pro- touching what may be their privileges and powers on duced in the open air in Mississippi; sweetness-the tariff some future occasion. I am sure they do not take the sugar from Louisiana; the spirit-rum of New England; view, that, in any limitation now prescribed to Executive home-made arrack from South Carolina; whiskey from power, they will be infringed on in any of their future the West, Monongahela or elsewhere; a dash of poteen rights. But I remark it as a curiosity of the times, that from the shop of Dr. McNeven, to catch the Irish-an this sensitiveness exists whenever Executive power is Irishman loves the smell of turf-smoke-the smack of un- touched, but that there is nothing of squeamishness exlawful distillation. Casting an eye to futurity, and sup-hibited when the rights and privileges of the Senate are posing that, unlike prophetic forebodings of war, pesti assailed. lence, and famine, and of the coffin-hand bills, the pro- The gentleman from Georgia has said that the Senate phecy of a day or two since, that the last nail was driven has made an assault on the President of the United States, into the coffin of Jacksonism, was realized--what a rous- and has rebuked my colleague for saying that the Presiing wake we should have, punch being the order of the dent has made an assault on the Senate. Now, surely, night, when the veteran was carefully rolled in his pall, the Senate stands in the same relation to the President to be restored to the great mother of us all. The genius that the President stands in to the Senate. Has not the of discord might interrupt the harmony of the scene. If President sent here an attack on the Senate in its india question should arise about the division of the "spoils vidual and its corporate character and capacity, and deof victory," a glorious scratch would follow to deter-sired it to be put on our records that he has done so, and mine who should be administrator "de bonis non" of to let our Journal exhibit the accusation to the world? Uncle Sam. The insipid would stand no chance. Who And is there in this act any similarity to any thing which ever heard of a good cold-water administration? The has been done by the Senate? What is the state of acid is quite the thing to give a flavor to the compound, things? The Senate has passed sundry resolutions. Has but by itself it serves only to set the teeth of edge. The the President contented himself with passing resolutions sugar must be satisfied with the preservation of the 2 on his part, and entering them on his Journal? No: he cents per lb. duty. The struggle must rest among the has sent here his opinions, couched in his own peculiar spirits. Of arrack, there is not enough for a broad-bottom- terms, and expressive of his own peculiar principles; and ed administration. The poteen is of foreign birth, and the Senator from Georgia says the President, Andrew therefore excluded by the constitution. Nothing, then, Jackson, comes here with an humble request of the Senis left, but the New England rum and Western whiskey. ate to record his communication on their Journal, and How stands the account between them? Rum is made that we are bound to comply with it. Now, what would of domestic materials, in New England, the region of the President have said, if we had sent an officer to him, Faneuil hall, the cradle of American liberty. Yes, says and asked him to put our resolutions on his Executive Whiskey, but it is not always made of Southern molasses. Journal? Why, sir, he and his friends here would have And then there is the Hartford convention-and the called it, and justly called it, a usurpation of power, and cradle would have been made the grave of liberty, had the President would have rejected the application with not the child grown too great to be smothered in the shell scorn. If we had sent a copy to him in an official and in which its infant limbs were rocked. Whiskey is made private manner, would he have listened to any one who of home materials always--it is exclusively agricultural in should have advised him to put it on his Journal? What its origin-but not in its tendency, says Rum--and then re-example have we had already. On a subject concerning collect the whiskey insurrection, when this rebellious li- the custody of the public treasure, the President has proquid had almost stopped the wheels of the Government.' tested against the opinions of his own cabinet. His cabiThe balance of merit, especially as it regarded the Amer ican system, being nearly even, the fate of empire would have to be decided by wager of battle, or the neighing of a horse. net expressed an opinion that he ought not to remove the treasure. He made his protest against that opinion, and entered that protest on the Executive Journal. We sent to the President, by our resolution, to request a copy of Mr. POINDEXTER said, that notice had been given that paper; and what did the President answer to our reby the Senator from Georgia, of his intention to move two quest? Did he comply with that request? No, sir. What resolutions by way of amendment. This notification in- he had communicated to his cabinet, what he had circuduced him (Mr. P.) now to ask that the vote be taken on lated to the whole world through the public newspapers, the resolutions offered by the Senator from South Caro- he refused to our request, because he said that, in malina, so as to have a distinct vote upon them. He was king that request, we had transcended our constitutional desirous that then the discussion should go on as between powers. Now, when he comes to us with a request that the proposition to be made by the gentleman from Geor- we shall record on our Journal his protest against our gia, and the resolutions as they may be amended. The act, and when he has refused an application to him for MAY 6, 1834.] President's Protest. [SENATE, a copy of a paper on his Journal, the same Senators who table, and in the process of being read, this very paper, advised him to refuse our request, wish us to comply which the gentleman from Georgia says should not have with his. been sent to the people in any other way than through The principle on which the gentleman from Georgia the Senate, is scattered by the President's press, to the acts, is, that the Senate acted wrong in passing the accu- amount, it is said, of 40,000 copies, to the whole world. satory resolutions, and he thus justifies the President for What is sent here, therefore, as a protest, is a proclamasending his protest against the act. Can our wrong make tion to the people against the Senate, as a constitutional the President right? If we have been wrong in regard part and department of the Government. It is a stroke to him, does it follow that he may do wrong in regard to aimed at the constitution, intended to violate the constituus? or, because we have been wrong, that wrong makes tion, by overturning and destroying the Senate. It is him right? Is Executive authority to stand so high, as said that we do not represent the people, because we are to be beyond all interference? Here is a protest sent to elected for six years, and that it is he who represents us to be recorded in perpetuam memoriam rei, on our the people. What is this? It is war against the Senate. Journals. The Senate have not gone out of their own The whole protest, from beginning to end, is reeking department. They have passed their own resolutions, with it. This protest of the poor old man, is, throughout, and placed them on their own Journal, which are in the war to the knife, and the knife to the hilt, against the hands of their own executive officer. And when the Senate. President has recorded his opinions on the Executive It is easy to see the object of all this war. We are the Journal, surely we have the same right to record our representatives of the States. The President is elected opinions on our Journal. But the President is not dis- by a majority of the people of each State, not of the States posed for mere defensive warfare. He is not contented as they are represented here. The gentleman from New with our entering our opinions on our own Journal, as he York and myself are on an equality here, but the Presi did his on the Executive Journal, but he steps out of his dent gets forty votes from New York, and only nine from department and comes here, as Andrew Jackson, with a South Carolina. Here, we who represent the State of request that we shall receive his opinions and record them South Carolina, and the gentlemen who represent the on our Journal. Suppose the Senate should go beyond State of Rhode Island, and the State of Delaware, repretheir own Journal, and ask the President to enter on the sent as much as the gentlemen from the great State of Executive Journal the resolutions disapproving of his con- New York, or of Ohio, or of Pennsylvania; and, if the duct—would it be right? Should we not deserve to have President could destroy this body, three-fourths of the inour request thrown back upon us with scorn? Certainly fluence of the States would be annihilated. Here, the we should. Each department ought to be kept separate. States may successfully stand in the way of usurpation of The President may act as he pleases at the white house. power. If the great Middle States stood alone, the PresWe will act as we please here. ident could appeal to them against the smaller States, The gentleman from Georgia says that this question and, with these, the constitution would be crushed. This, had been made by the President, to repel an assault made then, is the tendency of things--to break down the Senon him by the Senate. What! Has Andrew Jackson a ate and the States, which form a barrier between the libright to use his official character to come here, and to erties of the people and the approach of usurpation. The throw off that character as soon as he has obtained ad- President hints that the irresponsibility of this body to mission? It is not Andrew Jackson, but the President, the people, has induced him to make this attack on the who has come here. He comes, and by virtue of his of Senate.. Of the number of Senators who go out next ficial character, forces open the doors of the Senate, year, eleven are opposed to the administration, to five walks up your avenue to the Chair, and then throws off who support it; they are going to meet their responsibilthe disguise, and says, I am not the President, but only ity. Sixteen Senators go out; and these are of the older Andrew Jackson. And thus, by this Protean legerde- members of the body, who were here in 1824 and 1825. main, he comes in one form, and suddenly assumes anoth- Is it they who oppose the Executive? They have been er. This, sir, cannot be done. He is always the Presi- here the longest; subject to the absorbing influence of the dent when he comes here, and he is now complaining to Executive; they have always sustained Executive power; the Senate in the capacity and character of President. it has become their habit; they have grown up with it, This is a contest between the President and the Senate, and have a natural proclivity to fall into the arms of powand I am sorry that gentlemen should have put it on any er. The President may talk as he will of irresponsibility, other ground. We have not adverted to the man in any but the longer Senators have been here, the more favoract of ours; our reference has been to him in virtute officii; able have they become towards him. and, when he presents himself before the Senate, armed and plumed as President, gentlemen are ready to strip him of his official babiliments, to divest him of his plumes, and bring him hobbling to the door of the Senate, ejaculating "Pity the sorrows of a poor old man, But as to him, he is elected by a small body of electors, who are removed from the people. It is true, we are trying to give the election directly to the people, and I hope we shall accomplish it. It is said the Senate does not speak the will of the people, not being elected with a view to represent immediately the people; and that they are not so near the people as the other branch. There may be something in the argument; but, if we are not so near the people, we are nearer to the States; and it more especially becomes our duty to regard this as one great confederacy of States. "Whose trembling limbs have borne him to your door." My respect for the office will not permit me to acquiesce in such a construction. If the hand of power were to touch the meanest beggar in the street, I should say that he had the right to come here with his prayer for redress. But when the President of the United States I have no objection, that, when there is a difference comes here with his "Open Sesame!" and opens the por-between the departments of the Government, the Presitals of this chamber with the magic word, let me not be dent shall appeal to the people: but my objection is this, told that he comes here in his weakness and unpretending that, when the co-ordinate departments differ, one depoverty. partment shall not be required to register the proceed Is it true that the sole object of this paper is to pro-ings of another. For the first time, it has now been seclaim to all future times, that an assault has been made riously broached within these walls, that the Senate is by the Senate on the President of the United States? Let confined in its operations to its duties, executive, legisla it be received, and this document is sent to the people tive, or judicial; and that it has no power to declare its through the medium of the Senate. While lying on our opinions out of the limits of these duties. I recollect, [MAY 6, 1834. when such a question arose as to the State Governments ligament will again be broken; but I tell gentlemen on and the Government of the United States, they who read the other side, that it will not be broken until the danger the constitution better than we do, asserted that a State is passed away, and oppression has relaxed its grasp upon Government could not express an opinion as to any dif- the country. Then, if we choose to fall back into our ference between the President and any other department original minority, and shall discover danger from another of the Government. The contest between federalism and majority, we shall again be found warring against that democracy went on that principle. We have an unques-majority with the same energy as we are now contending. tionable right here to express any kind of opinions we We are the advocates of State rights-although small, may think proper, and the more readily, when that ex-resolved and consistent in our purpose. When we were pression can lead to no legislative provisions, because, if before the world contending for our principles toe to toe, they were so to lead, it might require the co-operation of against our opponents, where was the President? Of what the co-ordinate branches; but we have the right to ex-party was he? He stood by until the dispute was nearly press opinions. If gentlemen would put their sentiments settled, and then drew his sword, and calling his party to in the form of a negative proposition, that we shall not rally to the gleam of it, directed his exterminating hostilpass any resolutions disapproving of any act of the Ex-ity against us. And when we were cold and stiff, true ecutive, we shall then understand that we have only still to his military propensity, he sought for some other the power to become a body of flatterers of the Executive. object for his attack, and struck at the Bank of the United The other House have passed a resolution that the States. In vain did the bank hold up the constitution for bank shall not be re-chartered, because it is unconstitu- its protection-he struck through it-in vain did the ventional. This resolution leads to no legislative action. On erated instrument resist the Executive mace. We, not the contrary, it excludes all legislation. Suppose a ven- yet dead, struck with horror at the baseness of the act, erable old man, not dead, but standing on the verge, rushed with all our energies to the rescue, and now we were to rise up from his almost sepulchre at Montpelier, find ourselves in mingled ranks. If the struggle shall be and to say, "I, at one period, pronounced a bank un-pressed, let what may happen, whoever he be that joins constitutional; but, at another time, I approved of an act himself to us, it is immaterial what name he comes with, to charter a bank. You have made me liable to impeach-I greet him as my brother in arms, until we shall have put ment for doing an unconstitutional act." Mr. Madison down the danger which threatens us. But the gentleman declared a bank to be unconstitutional, yet he signed from Georgia says, Who are ye? Ye are the sugar men the bank charter; and, if the positions in this protest are and the cotton men of the South; the rum men of the sustainable, he is liable to impeachment for that act. West, and the molasses men of New England. I stand What is the course of proceeding of all legislative bodies, on a cotton bale; where does the gentleman from Georgia as to matters of impeachment? Resolutions are passed, stand? Whom have we to oppose? A unit, an anti-bank in the first place, declaring certain acts done to be un-party? Why, the gentleman from Georgia is a bank man. constitutional; and, upon these resolutions, are founded An anti-tariff party? Why, the gentleman from Penncharges which are sent to this body and exhibited here sylvania [Mr. WILKINS] is a tariff man. An anti-internal for our judgment upon them. This is every day's improvement party? Why, many of the gentleman's colpractice. leagues are of that party. The gentleman from Missouri voted for the Cumberland road bill. But the gentlemen are all leashed together, I will not say to hunt in covers, but they exhibit as great a variety of principles as is to be found in any party in the opposition-at least, I find as many among them. The gentleman from Georgia says that the constitution gives to this body no power to pass separate resolutions. It is true, the constitution gives no specific power; but will any gentleman pretend that neither House has a right to pass any resolutions, except such as are joint resolutions? When it is desired to try the sense of a party, a resolution may be separate in its character, and then the President has no veto upon it. And resolutions, separate in their character, and consentaneous, but not joint, might be adopted by both Houses, against the reasons of the President for the removal of the deposites, and the President could not then apply his veto power to them. But the gentleman from Georgia says we are the punch party. Let the people understand this appellation. If the South forms the acid, who is it, I would ask, that has held the press upon us? Who brought us out from the South, and squeezed and pressed us until they have driven our vitals out? Why, the gentleman from Georgia, and the gentleman from Pennsylvania, and those with whom The gentleman from Georgia protests against the op- they act. They have pressed us until they have forced position taking the name of whigs, and recommends to us into this mixture, such as the mixture is, and I believe them to adopt the name of the punch party. I am not it is one which has been found to be not quite so agreeavery anxious to take the name of whig, but no power on ble to the President's palate as the real mixture is to the earth can take from me the whig principles. Whenever palate of the gentleman from Georgia. The punch party! a name has been seized on, and the denomination has Let it go abroad, let it be told in the nurseries, that we struck all who are opposed to the administration with are the punch party, and every one will supply the corolsuch instant and universal sympathy-when the gentle-lary. Punch and the devil! The gentleman from Georman from Georgia has seen the same chord vibrating gia, and his friends, will have to take the cognomen of through the bosoms of those who stood in the contest the opposite party. against power in former times and now, and working up I think it proper to say, in a word, what are my views. everywhere, and in every heart, one common feeling of I concur with the gentleman from Massachusetts, that we harmony; and when he has seen all who have previously ought to receive the message. Indeed, we have already differed from each other, bring here their differences, received it, and cannot now help ourselves. But I agree and lay them down together on the altar of their coun- with my colleague, that the President ought not to have try-does it not strike him that there is something of a sent it here, and our best plan is to enter on our Journal peculiar character in the course of things? When all are the resolution that we deem the practice wrong, and shall driven together by the same foreign pressure; when na- decline receiving such communications in future. But, tionals and nullifiers, New England, South Carolina, Mis- although we may characterize the document as wrong, sissippi, New York-ay, New York!-are all penetrated let us not be guilty of the solecism of saying we will not by the same deep feeling, should it not strike with terror receive it, when we have already received and read it. the administration, and those who are linked with it? It Mr. WEBSTER said, if the protest had been referred may be, when the danger shall be over, and the suffering to a committee, a report might have been drawn, which of the country shall have been relieved, that this strong might stand forever on the files of the Senate, as an an MAY 7, 1834.] President's Protest. [SENATE. The question was then put, "Shall the decision of the Chair stand as the judgment of the Senate?" and decided in the affirmative, as follows: swer to it; but it had been convenient to make a different disposition of it, in which he had acquiesced. He would have been constent to adopt the resolutions of the Senator from Mississippi, [Mr.POINDEXTER,] as originally YEAS. Messrs. Bell, Benton, Black, Brown, Calhoun, offered; and he was quite content with the first resolution Ewing, Forsyth, Frelinghuysen, Grundy, Hendricks, Hill, of the Senator from South Carolina, [Mr. CALHOUN;] but Kane, Kent, King of Georgia, Knight, Leigh, Linn, Mche could not vote for his second resolution, for reasons Kean, Poindexter, Porter, Prentiss, Robbins, Shepley, substantially such as had been alleged by Mr. C.'s col- Silsbee, Smith, Swift, Tallmadge, Tipton, Tomlinson, league, [Mr. PRESTON.] There were three reasons, Tyler, Webster, White, Wilkins, Wright.--34. which he would state, which he thought sufficient to NAYS.-Messrs. Clay, Clayton, Naudain, Sprague.-4. withhold his approbation from the last resolution. It The question was then taken on the second resoluwas equivalent to one of the resolutions of the Senator tion of Mr. CALHOUN, and decided in the negative, as from Kentucky, [Mr. CLAY,] that the protest should follows: not be received. It was Mr. W.'s opinion that it had YEAS. Messrs. Calhoun, Clayton, Ewing, Leigh, already been received; he understood that the question Naudain, Poindexter, Robbins.--7. o receiving, should have been gone through with, be fore the reading. Every paper coming from an individual, was either received on vote, or silence was considered equivalent to a reception. Petitions and memorials and documents coming from individuals who had no official right to address the Senate, required to be vouched for by those who presented them. Their contents must be first briefly stated, and if the matter was respectful and proper, they were then received and read. He thought, therefore, that the reading of a paper con- Mr. F. said that, considering this document was entirely stituted its reception, in a parliamentary sense. When defensive in its character, he thought it proper to send it the accredited messenger of the House, or of the Presi- to the Legislatures of the States, and his object was to dent, came to the Senate, as both had an official right to give the opportunity. come there, no voucher for the contents of the document they presented was required. He (Mr. W.) thought, therefore, that they were bound to receive, and permit to be read, whatever came to the Senate, either from the House or the President; both parties having a right to communicate with the Senate, and it being impossible to know, previously to its reading, the contents of any paper which might be offered. He thought the mildest course in manner, as to the President's protest, would be the best course. If the paper had not already been received, he was of opinion that it ought to be received; and the Senate could afterwards dispose of it as it thought fit. He therefore asked, that when the question was taken upon the amendment of the Senator from South Carolina, it might be taken in a divided form. He was in favor of one of the resolutions, but not of the other. After a few words from Mr. BIBB, the question was taken on the first resolution, and decided in the affirmative, as follows: NAYS.-Messrs. Bell, Benton, Black, Brown, Clay, Forsyth, Frelinghuysen, Hendricks, Hill, Kane, Kent, King of Alabama, King of Georgia, Linn, Moore, Porter, Prentiss, Preston, Shepley, Silsbee, Smith, Swift, Sprague, Tallmadge, Tipton, Tomlinson, Tyler, Webster, White, Wilkins, Wright.--34. Mr. FORSYTH then moved his amendment, and asked for the yeas and nays on the question-which were ordered. Mr. CALHOUN suggested the propriety of moving the resolutions as an addition to those originally offered, and not as a substitute for them. Mr. FORSYTH not agreeing to the suggestion The two Mr. POINDEXTER said, he would say a few words on the resolutions of the Senator from Georgia, [Mr. FORSYTH,] proposed as a substitute for those which he had offered for the consideration of the Senate. propositions of the honorable gentleman, are-1. To record the protest of the President on the Journals. 2. To transmit it to the Legislatures of the several States, to whom alone we are responsible. This would, indeed, be something new under our system, and would exhibit the Senate before the American people, in an attitude truly ludicrous. A political quack has sent us a poisonous drug, and bowing most respectfully, requests us to swallow it. We are somewhat doubtful of the prescription, and hesitate. The honorable YEAS.-Messrs. Bell, Bibb, Black, Calhoun, Clay, gentleman from Georgia, with more confidence in its effiClayton, Ewing, Frelinghuysen, Kent, Knight, Leigh, cacy, advises us to take the dose, without regard to its Naudain, Poindexter, Porter, Prentiss, Preston, Robbins, fatal effects, and then seek relief by calling in the family Silsbee, Smith, Sprague, Swift, Tomlinson, Tyler, Wag-physician to purge us of the poison. gaman, Webster.-25. NAYS.-Messrs. Benton, Brown, Forsyth, Grundy, Hendricks, Hill, Kane, King of Alabama, King of Georgia, Linn, McKean, Shepley, Tallmadge, Tipton, White, Wilkins, Wright.-17. Mr. CLAYTON then requested the gentleman from South Carolina to withdraw his second resolution. Mr. CALHOUN assented, as he perceived that some difference of opinion existed as to the proper course. The CHAIR said, that the yeas and nays having been ordered, the resolution could not be withdrawn without the unanimous consent of the Senate. Mr. FORSYTH then objected. Mr. CLAY moved to lay the resolution on the table. The CHAIR presumed the motion to be out of order, as this was an amendment, and the yeas and nays had been ordered, and a part of the amendment had already been voted on. Mr. CLAY appealed from the decision of the Chair, and a brief debate took place thereupon. Mr. FORSYTH then asked for the yeas and nays on the appeal, and they were ordered. The question was then taken on the amendment of Mr. FORSYTH, and decided in the negative, as follows: YEAS.-Messrs. Benton, Brown, Forsyth, Grundy, Hendricks, Hill, Kane, King of Alabama, King of Georgia, Linn, McKean, Shepley, Tallmadge, Tipton, White, Wilkins, Wright.--17. NAYS.--Messrs. Bell, Bibb, Black, Calhoun, Clay, On motion of Mr. WEBSTER, WEDNESDAY, MAY 7. On motion of Mr. FRELINGHUYSEN, the Senate proceeded to the consideration of the special order, being the resolutions of Mr. POINDEXTER, as modified by Mr. CLAY and Mr. CALHOUN; when SENATE.] lows: Mr. WEBSTER rose and addressed the Chair as fol- lution declaring that "in the late executive proceedings in relation to the public revenue, the President had asMr. President: I feel, sir, the magnitude of this ques-sumed a power not conferred by the constitution and tion. We are coming to a vote which cannot fail to laws, but in derogation of both." In that resolution I produce important effects on the character of the Senate, concurred. and the character of the Government. It is not a direct question, now again before us, whether Unhappily, sir, the Senate finds itself involved in a con- the President really had assumed such illegal power; that troversy with the President of the United States; a man point is decided, so far as the Senate ever can decide it. who has rendered most distinguished services to his coun-But the protest denies that, supposing the President to try, has hitherto possessed a degree of popular favor, perhaps never excelled, and whose honesty of motive, and integrity of purpose, are still maintained by those who admit that his administration has fallen into lamentable errors. have assumed such illegal power, the Senate could properly pass the resolution; or, what is the same thing, it denies that the Senate could, in this way, express any opinion about it. It denies that the Senate has any right, by resolution, in this or any other case, to express disapOn some of the interesting questions, in regard to which probation of the President's conduct, let that conduct be the President and Senate hold opposite opinions, the more what it may; and this, one of the leading doctrines of the popular branch of the Legislature concurs with the Ex-protest, I propose to consider. But, as I concurred in the ecutive. It is not to be concealed that the Senate is en-resolutions of the 28th of March, and did not trouble gaged against imposing odds. It can sustain itself only by the Senate, at that time, with any statement of my own its own prudence and the justice of its cause. It has no reasons, I will avail myself of this opportunity to explain, patronage by which to secure friends; it can raise up no shortly, what those reasons were. advocates through the dispensation of favors, for it has no In the first place, then, I have to say, that I did not favors to dispense. Its very constitution, as a body vote for the resolution on the mere ground of the removal whose members are elected for a long term, is capable of of Mr. Duane from the office of Secretary of the Treasbeing rendered obnoxious, and is daily made a subject of ury. Although I disapprove of the removal altogether, opprobrious remark. It is already denounced as inde- yet the power of removal does exist in the President, acpendent of the people, and aristocratic. Nor is it, like cording to the established construction of the constitution; the other House, powerful in its numbers; not being, and, therefore, although in a particular case it may be like that, so large as that its members come constantly in abused, and, in my opinion, was abused in this case, yet direct and sympathetic contact with the whole people. its exercise cannot be justly said to be an assumption or Under these disadvantages, sir, which, we may be as- usurpation. We must all agree that Mr. Duane is out of sured, will be pressed and urged to the utmost length, office. He has, therefore, been removed by a power there is but one course for us. The Senate must stand constitutionally competent to remove him, whatever may on its rendered reasons. It must put forth the grounds of be thought of the exercise of that power, under the cirits proceedings, and it must then rely on the intelligence cumstances of the case. and patriotism of the people to carry it through the contest. If, then, the act of removing the Secretary be not the As an individual member of the Senate, it gives me assumption of power which the resolution declares, in great pain to be engaged in such a conflict with the Ex-what is that assumption found? Before giving a precise ecutive Government. The occurrences of the last ses-answer to this inquiry, allow me to recur to some of the sion are fresh in all our recollections, and, having felt it principal previous events. to be my duty, at that time, to give my cordial support At the end of the last session of Congress, the public to highly important measures of the administration, I ar-moneys of the United States were still in their proper dently hoped that nothing might occur to place me, af-place. That place was fixed by the law of the land, and terwards, in an attitude of opposition. In all respects, no power of change was conferred on any other human and in every way, it would have been far more agreeable being than the Secretary of the Treasury. On him the to me to have found nothing in the measures of the Ex-power of change was conferred, to be exercised by himecutive Government which I could not cheerfully sup-self, if emergency should arise, and to be exercised for port. The present occasion of difference has not been reasons which he was bound to lay before Congress. No sought or made by me. It is thrust upon me, in oppo- other officer of the Government had the slightest presition to strong opinions and wishes, on my part not con- tence of authority to lay his hand on these moneys for the cealed. The interference with the public deposites dis- purpose of changing the place of their custody. All the pelled all hope of continued concurrence with the admin- other heads of Departments together could not touch istration; and was a measure so uncalled for, so unneces-them. The President could not touch them. The sary, and, in my judgment, so illegal and indefensible, power of change was a trust confided to the discrethat, with whatever reluctance it might be opposed, op- tion of the Secretary, and to his discretion alone. position was unavoidable. President had no more authority to take upon himThe paper before us has grown out of the consequences self this duty, thus assigned expressly by law to the Secof this interference. It is a paper which cannot be treat-retary, than he had to make the annual report to Congress, ed with indifference. The doctrines which it advances, or the annual commercial statements, or to perform any the circumstances which have attended its transmission to other service which the law specially requires of the the Senate, and the manner in which the Senate may now Secretary. He might just as well sign the warrants for dispose of it, will form a memorable era in the history of moneys, in the ordinary daily disbursements of Governthe Government. We are either to enter it on our Jour-ment, instead of the Secretary. The statute had assignnals, assent to its sentiments, and submit to its rebuke; ed the especial duty of removing the deposites, if reor we must answer it, with the respect due to the Chief moved at all, to the Secretary of the Treasury, and to Magistrate, but with such animadversion on its doctrines him alone. The consideration of the propriety, or ne as they deserve, and with the firmness imposed upon us cessity of removal, must be the consideration of the by our public duties. Secretary; the decision to remove, his decision; and the act of removal, his act. I shall proceed, then, sir, to consider the circumstances which gave rise to this protest; to examine the principles which it attempts to establish; and to compare those principles with the constitution and the laws. The Now, sir, on the 18th day of September last, a resolution was taken to remove these deposites from their legislative (that is to say, their legal) custody. Whose resoOn the 28th day of March, the Senate adopted a resolution was this? On the first day of October they were |