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President's Protest.

[May 7, 1834.

in fact, of being either corrupt or wicked; and in another, move and dispel that doubt. The first of these articles, of which a mere naked violation of law was charged, with- which is No. 1 in the impeachment, relates to the trial of out the slightest reference to the intentions, or quo animo Fries, at Philadelphia, and charged the judge with three of the party: he alluded to the cases of the Judges Pick, specific instances of misconduct in conducting that trial; ering and Chase. Mr. B. then went into a statement of and concluded them with the allegation that they were the impeachment of these two judges, to sustain the view “ dangerous to our liberties," and “in violation of law he had been taking, and to apply historical facts and ju- and justice," but without the slightest reference to the dicial decisions to the legal doctrines which he had laid quo animo of the judge, or the state of mind in wbicia down. Judge Pickering, a district judge of the United ille acts were done. The article is wholly silent with States for the State of New Hampshire, was impeached respect to his intentions. The fourth article contains for acts of flagrant illegality, and which, in truth, implied four specifications of misconduct; all charged to have ocgreat wickedness. The articles of impeachment charged curred on the trial of Callender, in Richmond, and alwicked and corrupt intentions; yet it was proved that he leged them to be “subversive of justice," and "diswas incapable in law, or in fact, of wickedness or corrup-graceful to the character.of a judge;" but were wholly tion; for he was utterly insane, both at the time of com- silent as to the intentions of the judge, and left the quo mitting the acts, and at the time he was tried for them; animo with which he did the acts entirely out of the record. and could not, and did not, appear before the Senate to The fifth article charged a specific and single violation of make any defence. His unfortunate condition was pro- law in ordering the arrest of Callende upon a capias, inved and admitted, and the Senate was moved, by counsel, stead of directing him to be called in upon a summons; to stop the proceedings against him, and to remit or post- but without imputing any motive or intention whatever, pone the trial; but the Senate took the clear distinction good or bad, to the judge, for preferring the cupias to between a proceeding which could only go to a removal the summons. The only averment is, “ that Callender from office and a disqualification for holding office, and was arrested, and committed to close custody, contrary a prosecution which might involve a criminal punishment; to law, in that case made and provided.” Such were the and they proceeded with the trial, heard the evidence, three articles, said Mr. B., which charged violations of found the illegal acts to have been committed, and pro. law upon Judge Chase, without imputing criminal intennounced the sentence which the good of the community tions or corrupt motives to him; and upon which the judge required, and which the unfortunate judge was a proper was as fully tried, and made as ample a defence, both subject to receive-that of removal from office. They upon the law and the facts, as he did upon the five other did not add a sentence of disqualification for holding fu- articles, which contained the ordinary averments of wicked ture offices; for he might again recover his understand- and corrupt intentions. Neither the learned judge himing, and become a useful citizen. The Senate limited self, nor any one of his counsel, numerous and eminent itself to a sentence which the good of the community de as they were, made the least distinction between the armanded—which was applicable to misfortune and not to ticles which charged, and the articles which did not criminality--which was suited to the acts of the judge, charge, corrupt intentions. They went to trial upon the and not to his intentions; a sentence which virtually ac- whole alike; put in no demurrers; made no motions to quitted him of evil intentions; for the acts were of such a quash; reserved no points; and defended the whole upon nature as to have required, if committed by a person of the law and the facts of each separate case. This, said sound mind, not only disqualification for future office, but Mr. B., should exterminate doubt, and silence cavil. It prosecution and punishment upon indictment. Mr. B. is the decision of the managers, and they were eminent relied upon this case as one of the strongest which history lawyers and profound statesmen!-it was the decision of could present, or imagination could conceive, to show the the managers who prepared the articles of impeachmentimmateriality of criminal intentions to support impeach. the decision of the House which preferred them-the dements under the constitution of the United States. It was cision of the Senate who tried them—and the admission a stronger case than it would have been if corrupt and of the learned judge who was tried upon them, and of wicked intentions had not been charged; for being char- the able counsel who conducted bis defence, that the quo ged, and then disproved, it was a positive decision of the animo averment, the allegation of wicked intentions, was Senate upon the total immateriality of the allegation; it entirely immaterial in an article of impeachment under was a clear declaration that the averment was surplusage, the constitution of the United States. and that an officer should be impeached, and removed Mr. B. made an apology, or rather stated his justificafrom office, for illegal acts alone, without the least refer- tion to the Senate, for having gone so minutely' into the ence to his intentions, and even in the face of the fact that cases of the Judges Pickering and Chase. He had done he was incapable of legal volition, and therefore, could so from a sense of duty to the President and to the counhave no intentions in the eye of the law.

try, and to prevent the law of the land from being borne The case of Judge Chase, Mr. B. said, was a case of a down by the weight of names, and the array of authority. different kind, to prove the same point: it was a case Many Senators had taken their stand upon the legal pncis with, or without, averments of criminal intentions. Judge tion, that these proceedings against the Press Frased's, of Chase was impeached upon eiglit articles; five of them tantamount to impeachment, because the real charged corrupt and wicked intentions; three charged not contain the formal allegation of corrudgerne tra no intentions at all; being wholly silent upon the question intentions. Two, at least, of the Senators, Casspecches, of motives, and merely alleging the coinmission of the ster and LEIGH,] thus staking themselves upon trials, as acts, and the violation of the law. The three articles, position, were eminent lawyers, and possessed higur, in thus silent on the question of motives, were distinct and deserved reputation as jurists. Their opinions, itle of substantive articles in themselves, not variations of the uncontroverted, if not completely overthrown, could eaother articles, but containing new and distinct charges; but have great weight in the country. It was necessai; and, therefore, to stand or full upon their own merits, to encounter the high authority of their opinions, with without being helped out by a reference to the same the still higher authority of adjudged cases; and this was charges in another form, in another part of the proceed- most effectually and thoroughly done in the production ings. They were the articles first, fourth, and fifth. and application of the two impeachment cases of Judge Mr. B. would state them particularly; for, if the least Pickering and Judge Chase, in which the solemn judgdoubt remained on the mind of any one, after seeing the ments of two full Senates, and the acquiescence of all case of Judge Pickering, the tenor of these three articles concerned, were set in opposition to the solitary opinions in the impeachment of Judge Chase would entirely re-l of individual Senators: and thus the sole ground on which

* They

Mar 7, 1834.)

President's Protest.


the defence of the Senate rested, was swept from under rying it on; a grossness and turbulence of invective; a their feet, and expunged from the face of the earth. readiness to draw inferences without warrant, and to im

Auxiliary to this defence of the Senate, but subordi- pute charges without evidence, which was never before nate to it, and insufficient in itself, was another point, exhibited in any American assembly-which has no paralMr. B. said, which several speakers had pressed into the lel in England, since the time that Jeffries rode the Westservice of a hopeless cause, but which had been mostern circuit, nor in France, except in the days of the exfully brought out, and chiefly relied upon by the last Sen-istence of the revolutionary tribunal—which cannot be stor who had spoken, (Mr. Webster,] and who was un- tolerated in any country where civilization has advanced derstood to be charged with closing the defence on the far enough to require competitors for high office, in bepart of the Senate. It was this: 'That the resolution was coming adversaries, to remain gentlemen; and which, on a legislative act, and came within the legislative compe- this occasion, has presented the American Senate, and tency of the Senate; and, therefore, was not a judicial, that in reference to the American President, as sitting or criminal, proceeding. Mr. B. would rapidly examine, for the picture which General Hamilton, in the Federalist, and quickly explode, this forlorn auxiliary of a ruined has drawn of a heated and factions assembly, borne away cause. That it was not a legislative act, nor intended to by envy and hatred, running down an envied political adproduce legislation, was proved by every test to which it versary upon groundless accusations! in which passion could be subjected, and by every fact with which it could furnished charges; animosity supplied proof; the cunbe connected. 1. The nature of the resolution; which ning found tools; and the decision was regulated, not by complained that the President had violated the constitu- the guilt, or innocence, of the accused person, but by tion in dismissing Mr. Duane, and appointing Mr. Taney, the strength and numbers of the accusing party. and in exercising ungranted power over the Treasury; Continuing his remarks upon the indelicacy and indewhich, if true, could not be remedied by legislation; for corum of the Senate's conduct towards the President, Mr. Duane could not be put back into the Treasury De- Mr. B. said that Senators were the constitutional judges partment, nor Mr. Taney put out of it, nor the exercise of the President, selected by that instrument to sit upon of ungranted power be punished by a law of Congress. him, and, therefore, could not be challenged or set aside 2. The resolution averred the President's acts to be dan- for ill will or prejudice towards him. They were not gerous to the liberties of the people; which is matter for like jurors, to be set aside propter affectum, propter delecpunishment, and not for legislation. 3. The President's tum; and, therefore, should be the more delicate and acts, whatever they were, were done, and must be tried scrupulous in abstaining from all pre-occupation and judg. by existing laws, and not by new ones; for ex post facto ment against him. If called to sit upon the trial of a laws cannot be passed. 4. The resolution was single, person to whom they were inimical, the question was in not joint; and therefore not capable of taking the form their own breasts to sit or retire. Withdrawal was cerof a law, as it could not go to the House of Representa. tainly the commendable course; and the Senate had wittives. 5. The whole legislative consideration of the nessed one instance, at least, of that conduct, and that question had been sent to a legislative committee, before within a few years past; but the example did not seem this resolution was brought in; and, therefore, it was to threaten, at present, to become contagious. wholly unconnected with a legislative object. 6. It was The refusal, or omission, of the House of Representnever referred to a committee, as legislative resolutions atives to impeach the President, the failure of any mem. always are. 7. No legislative act has ever been predica- ber of the House to move against him, was next relied ted upon it, though passed long since. 8. No legislative upon by Mr. B. as an aggravation of the Senate's conduct act can be predicated upon it, for the subject matter of in usurping the function of the House; although, by an it is not of a nature to admit of legislation. It complains infatuated perversity of logic, that omission of the House of a breach of the constitution; and laws cannot heal was expressly relied upon by one of the Senators, (Mr. those breaches.

Clay,] as a reason for the Senate to assume their office. Mr. B. baving fully encountered, and, as he trusted No member from the House of Representative, fresh from and believed, entirely overthrown the whole defence set the ranks of the people—no member of that body, conup by the Senate, would now extend his view to some stituting the grand inquest of the nation, and exclusively auxiliary considerations, and examine the propriety and charged with the origination of impeachments-no such decorum of the Senate's conduct in adopting a resolution member could be induced, or stimulated, to follow the of this character against the President.

lead of the bank press, and to prefer charges against PresThe Senate is composed of individuals, said Mr. B., ident Jackson for violations of the law and constitution in some of whom aspire to the occupation of the place which dismissing Mr. Duane, because he would not give the resident Jackson now holds, others of whom have con- order for removing the public deposites; in appointing

ended with him for that place, and have been left by the Mr. Taney to give the order; and in assuming the exerjeople-longo sed proximus intervallo --at a long interval cise of ungranted power over the Treasury of the United behind; and others, again, who, having real or fancied States, which was alleged to be the Bank of the United grievances to complain of, appear before the public as States. No member of the House could be found to his implacable enemies and incontinent revilers. From make such a motion; and it was left for the Senate, by all such Senators, the laws of honor, a sense of decorum, an extra-judicial and ex parte impeachment, to usurp an respect for public opinion, and a due regard to the sanc office which the appropriate organ would not exercise; tity of public justice, would require a rigorous impar- and thus to aggravate, by contrast, a proceeding wholly tiality in the discharge of an acknowledged duty, and a unconstitutional in itself, and sufficiently odious in all its punctilious refusal to engage in any proceeding which attendant circumstances. involved the assumption of gratuitous powers, or required

The variations which the resolution had undergone at the discharge of invidious offices. It was a case even in the hands of its author, since it had been first introduced, which the refusal of many Senators to sit in judgment, was the next aggravation which Mr. B. pointed out. although a regular impeachment had been brought in, When first introduced it covered the very points which might have attracted the admiration, and commanded the bank press had indicated, and was couched in the very the applause, of all honorable men. This impartiality- words which they had used in demanding the impeachthis abstinence this refusal to sit in judgment, had 'not ment of the President; and, in addition to that, contained been witnessed on this occasion; on the contrary, there the precise criminal averment which is usually found in had been witnessed an eagerness and promptitude in vol-impeachments for public offences, and which was actually unteering for attack; a violence and personality in car-lcontained in the first article of the impeachment against

VOL. X.--107



President's Protest.

[May 7, 1834.

First Form.

Second Form.

Third Form.

Judge Chase—" dangerous to the liberties of the people!" circumstance, or a description of any one act, on which The first form contained three specifications of violated an issue could be taken? Why all this? Sir, said Mr. B., law and constitution, to wit, dismissing Mr. Duane, the why and the wherefore of all this was nothing more appointing Mr. Taney, and exercising ungranted power nor less than this: that no majority could be found in the over the Treasury of the United States, with an averment Senate (and that after three months' drumming and drillthat all this was dangerous to the liberties of the people. ing) to vote that the dismissal of Mr. Duane was a violaThe next shape it assumed left out the specifications on tion of the laws and constitution; no majority could be the subject of dismissing Mr. Duane and appointing Mr. found to vote that the appointment of Mr. Taney was a Taney, but retained the clause about exercising ungrant- violation of the laws and constitution; no majority could ed power over the Treasury, and the danger to the liber- be found to vote that the President had exercised unties of the people! The third metamorphosis of this granted power over the Treasury of the United States; most flexible and pliant resolution, left out all the speci- no majority could be found to vote that he had done any fications, and even the concluding averment of “danger. thing that was dangerous to the liberties of the people; ous to the liberties of the people!" and assumed a shape, no majority could be found to vote that the Bank of the " if shape it can be called, which shape has none, " of United States was the Treasury of the United States; for such vagueness and generality, such studied ambiguity it was over that Treasury, and by assuming the responsiand duplicity of signification, such total independence of bility of recommending the removal of the public moneys facts, date, and circumstances, that the identification of it from that Treasury, that the specification was predicated, with the bank denunciation became impossible; the most of having exercised ungranted powers over the Treasury discordant confederates could unite in its support, for of the United States. No such majority could be found there was nothing specified to require their assent; and in this chamber; but a majority was found to hang a genall responsibility to public opinion was apparently evaded, eral charge over his heart, which malignity and faction in the omission to specify the acts under the general might fill up and interpret as it pleased; but which concharges for which the President was condemned, and to tained no averment of any one illegal act whatever. It the justification of which the accusing Senators could be was well understood that this general charge would be held down.

received by the public, (which has neither means. nor To expose the true nature of these resolutions, and to time to examine such things to the bottom,) as the full exhibit the variations which their flexible forms had un conviction of that eminent magistrate of all that was laid dergone, Mr. B. contrasted them together in the Senate, to his charge in the first and second resolutions, and of all as they are here exhibited, in three parallel and confront- the fanfaronade about “ seizing the Treasury," and uniting ing columns.

“the sword and the purse," which was bruited in the “Resolved, That, by “ Resolved, That, in Resolved, That the

speeches made in their support. Every speech made dismissing the late taking upon bimself President, in the late was made upon the specifications in the first and second Secretary of the Treas: the responsibility of re-executive proceedings resolutions; and these being abandoned, the speeches ury, because he would moving the deposites in relation to the pub- should share the same fate. But it was well known that sense of his own duty, from the Bank of the sumed upon himself the case would be otherwise; that the speeches would the United States in President of the Uni, not conferred by the lutjons would be considered as adopted; and that deluded

the authority and power stand, and the specifications in the first and second reso. deposite with the Bank ted States has assumed constitution and laws, of the United States the exercise of a power but in derogation of and deceived multitudes would go on repeating, maintainand its branches, insorer the Treasury of both."

ing, and promulgating, as truths, the statements wbich the conformity with the the United States not opinion, granted to him by the

opposition Senators had to give up, abandon, and surrenand by appointing his constitution and laws,

der, as untruths, in the full face of the whole Senate. successor to effect such and dangerous to the removal, which has liberties of the peo

Mr. B. took a nearer view of the resolution, as finally been done, the Presi- ple."

altered for the third time, and adopted by the Senate.

He did so to show its studied ambiguity, its total want of exercise of a power over the Treasury of

certainty, and utter destitution of one visible or tangible

point, either of law or fact, on which an issue could be granted to him by the constitution and laws,

taken. “Late executive proceedings." Here, said be and dangerous to the

are three words, and three ambiguities. 1. Late. How liberties of the peo

late? When? at what time this year? last year? or the ple."

Mr. B. analysed these resolutions, more changeable year before. ?. Executive. Which part of the executhan the chameleon, which only changes color, while these tive? The Presidential, or the departmental? the act of change their form; he analysed these protean resolutions, the President, or the act of Mr. Taney? 3. Proceedings. whiclı had changed their form three times in the face of

Which of them? what proceedings? The dismission of the Senate; and

found that the first contained three speci. Mr. Duane? the appointment of Mr. Taney? the cabinet fications of violated law and constitution, to wit: 1. The opinion? or the exercise of ungranted power over this dismission of Mr. Duane. 2. The appointment of Mr. Treasury “In relation to the public revenue." What Taney. 3. The exercise of ungranted power over the part of the revenue? That which is in bond, op in the Treasury of the United States. The second contained hands of the collectors, or in the deposite banks, or in the one specification, to wit, the exercise of ungranted power

Bank of the United States? The expression, said Mr. B., over the Treasury of the United States; and the third con- in the first and second forms of the resolution, is definite

It is this: “over the Treastained no specification whatever, and dropped the clause and susceptible of an issue. contained in both the others-dangerous to the liberties ury of the United States;" a phrase which imparts ko the of the people

mind a precise idea, while the phrase, “in relation to the Mr. B. wished to invoke and concentrate the attention public revenue,” which is substituted for it, is not only of the Senate, and of all good citizens, upon these not equivalent in precision, but entirely different in mean. changes in the forms of the resolutions. Why were they ing; the first implying mastership over the money in the changed, and specification after specification dropped, Treasury; the second only indicating an action towards until not one remained? Why were all these facts, public money, which might be in the hands of collectors, charged upon the President, and sustained in elaborate never passed to the credit of the Treasurer, and, therespeeches for three months, why were they all dropped on

fore, never in the Treasury. “ Assumed upon himself the last day of the debate, and the vote taken upon a authority and power.” Assumed, but not exercised. vague and general resolution, without a fact, a date, or a Why not use the word exercised? Assume the exercise



dent has assumed the

the United States not

May 7, 1834.]

President's Protest.


of power, is the language of the first and second resolu-ident Jackson and Mr. Secretary Taney to do, in 1833, tion. Now, "exercised” is dropped, and the resolution precisely what President Madison and Mr. Secretary Galcharges a naked assumption without action. The import latin had done in 1811? He affirmed that what had now of the resolution is lost in ambiguity, by the omission of been done in relation to the revenue, had previously been the word exercised, which would not have been dropped done in 1811; that Mr. Gallatin had made the same transwithout a motive, after having been twice retained; and fer of the public moneys from the Bank of the United that motive was found in the fact, that no majority in the States to the local banks, which Mr. Taney did, and upon Senale could be brought to vote upon yeas and nays, that the same contingency, to wit, as soon as he ascertained the President had exercised unwarranted powers. As- that a new charter would not be granted to the national sume is the word; and that will signify either the claim of bank; that he entered into the same arrangements with power, or the taking of power; the abstract legal poten- them that Mr. Taney did; signing written contracts to tial assumption, without exercise; or the concrete actual keep the public moneys safely; to pay the Treasury drafts assumption manifested in acts. “In derogation of both in specie, if required by the holder; to give the neceslaw and constitution.” Derogation! What is intended? sary facilities for transferring the public moneys; and to the coinmon parlance, or the common law signification of make the periodical return of their affairs which was nethe word? If the common parlance signification is intend- cessary to enable the Treasury to understand their condied, then the President is accused of defaming and scandal- tion; in a word, that be created the same league of izing the constitution—a new species of scandalum mag- banks—in some instances composed of the same identinatum-whose nature and panislıment is yet to be de. cal banks—which Mr. Taney has created, and which is fined. If the common law meaning is to be understood, considered by some as being more unconstitutional than dien no offence of any kind, not even defamation, is im- an unconstitutional bank would be; that he made the same puted to the President; for the only law meaning of the seizure of the public moneys which President Jackson term is to make less--to take away a part-to repeal in bas marle; effected the same portentous union of the part, as a statute is said to derogate from the common law purse and the sword; and that no person looked upon when it repeals a part of it. And the phrase implies no these things, at that time, as the robbery of the Treasreproach, for the repeal is a legal act, done by competent sury—the exercise of ungranted power over the Treasauibority, and is no way synonymous with violate, which ury—the concentration of all power in the hands of one always implies lawless force. "Laws and constitution.” mán; not even the bittérest of the old federal party; to Each word an ambiguity again! What more indefinite say nothing of others, now liere leading the assault upon than "the laws,” in a nation that makes a volume a year? President Jackson and Mr. Taney, then in the House of What more vague than “ the constitution,” when we have Representatives, acting in harmony with President Madia constitution of a dozen articles, every article a dozen son and Mr. Gallatin, and who can say, of all their acts, sections, every section some hundred clauses, and every quæque ipse vidi; all of which I saw; if not, el quorum clause a distinct and substantive branch in itself? pars magna fui; great part of which I was.

Such, said Mr. B., is the resolution adopted; a vague, Mr. B. deemed this part of his case so material, and so indefinite, studied, elaborate piece of ambiguity, in which necessary to be placed beyond the reach of cavil or conthe President is condemned, not only without hearing, but tradiction, that he should drop the narrative, and have rewithout specification, in werth the President cannot make course to proof. Ile would quote the report-at least so defence, except by guessing at what was intended; in much of it as was necessary to establish his statements of which his julges cannot be held down to their responsi- Mr. Gallatin, then Secretary of the Treasury, made to the bility, before the bar of the public, for any one charge House of Representatives, in obedience to a call from wliatever; and under which they can, and will, set up as that body, in the month of January, 1812, nearly a year many different and contradictory spécifications, as there after the removal of the public deposites from the Bank were votes in favor of the resolution.

of the United States, and the establishment of that Having shown that every specified offence charged league of banks now so formidable to liberty, so fatal to upon the President in the resolutions, had been abandon- the constitution; then so innocent and so harmless. ed on the record, or lost in the mystification of amphibo- Extracts of Mr. Gullatin's report, January 8, 1812. logical phrases, Mr. B. would take liis leave of that part “As soon as it had been ascertained that the charter of of the subject, and pay his respects to the extent, at all the Bank of the United States would not be renewed, a events, of one salute, to the speeches wbich had been letter was addressed to the collectors of Boston, New sent out in amplification and explanation of the resolu-York, Philadelpliia, Baltimore, Norfolk, Charleston, and tions, and especially to that part of them which charged New Orleans, directing them to cease to deposite customthe President with seizing the Treasury-"uniting the house bonds for collection in the Bank of the United sword and the purse-creating a state of things in the States, or its branches; to withdraw those bonds falling deposite banks) more unconstitutional than an unconsti- due after the 3d of March, 1811, and to deposite thereaftutional bank”-and violating the constitution, by rec- ter the bonds in one or more State banks, which were, ommending the public moneys to be removed froin the according to the information already received, either Bank of the United States to the State banks. To relieve pointed out, or left to the option of the collector.”. the Senate from the apprehended infiction of the ex. (Here follows a list of the selected deposite banks, tended speech which his undertaking implied, he would twenty-four in number, extending from Boston to New say at once that he meant to make short work and quick Orleans, from the Atlantic to the Mississippi, and incluwork of a large job; to take the whole of the speeches ding several since selected by Mr. Taney.] in a luip, and after reminding the Senate that every thing The following are the conditions of the contracts made worth answering in these speeches, had been already an- with the deposte banks thus selected: swered by the spcakers themselves, in the abandonment 1. “The bank to receive such sums as may be offered of their specifications, and in the adoption of the emascu- by individuals who have payments to make into the Treaslated resolution, he would show that if they had not been ury, and to pass the same to the credit of the Treasurer so abandoned, their overthrow was as rearly and easy as of the United States. the demonstration of any plain problem in the circle of 2. “ The payments by the bank to be made on Treasthe exact sciences.

ury, War, or Navy warrants, directed to the bank by the Mr. B. wished to know whether the constitution had Treasurer, or in drafts drawn by him. The payment is, been altered since 18117 and if not, he wished further of course, always to be made in specie, if required by the to know whether it was constitutional and lawful for Pres. holder of the warrant or draft.


President's Protest.

[MAY 7, 1834.

3. “On Monday of each week, a copy of the Treasu- “No difficulty in the transmission of public moneys,” rer's account with the bank, for the preceding week, is exclaimed Mr. B.-" as well collected as heretofore." to be sent to the Secretary of the Treasury; and if the What a testimony in favor of the constitution! How conTreasurer shall find it more convenient to receive a state-clusive that Jefferson was right; and that a national bank, ment of his account, in that way, than to keep a bank of any kind, or in any place, is not necessary to the fiscal book, the bank will also furnish him with a similar copy. action of the Federal Government! Unhappily it did not

4. “At the end of every month, a statement of the occur to the statesmen of 1812 to restore the gold cursituation of the bank, made out agreeably to the annexed rency, to invite the importation of foreign coins, and to form, is to be sent to the Secretary of the Treasury. suppress the circulation of small notes. That wise and

5. “ The dividends on the public debt will be made masterly conception was reserved for the administration through the medium of the Bank of Columbia, &c. of the military chieftain; and if it ripens into law, will for

6. “That persons having custom-house bonds to pay at ever save the country from the frightful evils of the paper the deposite bank, will be accommodated in preference to system, and from all those losses which the Federal Gorothers, in discounting for them, if necessary, to promote ernment incurred, some fifteen years ago, when it lost a the punctual collection of the revenue, the usual precau- million and a half by the explosion of the local banks, and tions for the safety of the bank, and its own decision on about eleven millions more in preserving the present the sufficiency of the paper, being reserved for the ex- Bank of the United States from the same fale. clusive judgment of the bank.”

Having shown the illegality of the Senate's conduct, Having read these extracts, Mr. B. said the things Mr. B. would next expose the extreme and peculiar indone by Mr. Gallatin were identical, in the eye of the law justice of it. Every part of the protest was subjected to and the constitution, with what had been done by Mr. the rack and torture of misconstruction and misrepreTaney. They acted upon the same contingency, to wit, sentation. Studied, far-fetched, lawyer-like, unnatural, when it was ascertained that the United States Bank would forced, strained interpretations, were accumulated upon not be re-chartered. They acted in the same way, entering its every clause, and every phrase. Tragic and theatrical into arrangements and contracts with the State banks, to calls were made* for the advisers and writers of such a act as the fiscal agents of the Treasury. They both re-paper, as if some sacrilege or treason had been committed; ported to Congress; but how differently were their re- and the impending wrath of heaven itself, impatient at ports received? That of Mr. Gallatin without a word of the impunity of such enormous guilt, had already seized censure, with full approbation; and his league of banks, the fatal thunderbolt, and scanned, with menacing eye, subsequently increased to a hundred, remained in full the trembling world that hid the guilty wretch. The vigor for six years, and that without any law to regulate right of the President to correct the misrepresentation of them. The beautiful and classic phrase of “pet banks” his own language, is heroically denied; and notwithstand. was not then invented. Mr. Taney's report, on the con- ing the disclainner of the supplemental message, and the trary, is received in a temper of clamor and indignation! fair import of the protest itself, an obstinate imputation is No language severe enough to characterize his conduct; still made upon the President of a claim to keep and disno epithets odious enough to stigmatize lis“ pets;” no pose of the public money and property of the United punishment great enough to atone for his offence. And States, by virtue of his own prerogative, and without rewho is it that raises this storm against Mr. Taney? The gard to the authority of Cogress. His right to send in same gentlemen that sat in the 12th, 13th, and 14th Con- the protest is denied;t as if Me Senate possessed the right gresses; and who saw nothing to censure or to fear, then, of ex parte and extra-judicial condemnation over the first in what fills them with fear and horror now.

magistrate of the republic; and that magistrate did not Mr. B. said it was in vain to attempt any distinction be- possess the poor privilege of telling them that he was not tween the two cases. There was no distinction but in guilty, even after they had pronounced a sentence. The the times, the men, and the impelling power. Tempora judges in hell, exclaimed Mr. B., did better than that! mutantur, et nos mutamur in illis. Times bave changed, Rhadamanthus himself, in some stage of his infernal proand men have altered; and the sccond Bank of the United cess, would, at least, listen to his victim. “First he pune States, displaying an audacity at which the first one would isheth; then he listeneth; and lastly he compelleth to conhave crimsoned with shame, openly demands the impeach- fess.” Such was the process in the gloomy regions of ment of the President, and the rejection of Mr. Taney, Pluto. The inventors of the mythology of the ancients for having done now what was done formerly. No con- could not even conceive of a hell, so regardless of the stitutional difference can be taken between the two cases. forms of justice, as not to allow the souls of the damned to The 16th section makes no difference; for, in the first speak. But, this Senate, trampling upon all laws known place, Congress could not, if it would, contract away the to heaven, earth, and hell, denies to the President of the keeping of the public moneys; and, in the second place, United States the privilege of saying that he is not guilty, the power of the Secretary to direct the removal, “at any even after their condemnation pronounced upon him; and time,” is absolute and unconditional.

affects to treat, as an invasion of privilege, and as a design But, Mr. B. said lie had not yet done reading from Mr. to rout them from their seats, as Cromwell routed the Gallatiu's report to Congress in 1812. He had another rump Parliament of England, the transmission of that extract to read; one that would be refreshing to all the temperate paper, called the protest, and the respectful republicans of the old Jeffersonian school, and who recol-request with which it concludes to have it entered on the lect that, in his cabinet opinion to President Washington, Journals! The Secretary of the Treasury, Mr. Taney, in opposition to the charter of the first Bank of the United God save the mark! comes in for a full share of the misStates, he said there was no necessity for a national bank construction and misrepresentation which seems to be the as the fiscal agent of the Treasury; that the State banks order of the day in the American Senate. The Senator would enter into arrangements to do all the fiscal business from Massachusetts, [Mr. WEBSTER,] who has spoken of the Treasury; would do it well, and on better terms last, bas made him the object of a particular and concenthan a national bank, created by the Government, and trated accumulation of hideous and frightful accusation, having privileges granted, and claims secured, upon it. Now hear what Mr. Gallatin says, after his experiment of * By Mr. Webster. twelve months, with the league of deposite banks:

The editor of the Riehmond Enguirer has, since the right of the

President to send in a probest has been denied, obtained from Thomas “No difficulty has been experienced in the transmission J. Randolph, Esq., grandson of Mr. Jefferson, the authentic copy of of public moneys; and, with the exception of Norfolk and a protest prepared by him when Secretary of State, for President Savannah, the revenue has been generally as well collect-(Mr.

Jefferson had of a right which is now denied by the Sevate. ed as heretofore."

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