SENATE.]

Pension Books.-Wilmington (Del.) Proceedings.

The memorial was then referred to the Committee on Finance.

PENSION BOOKS.

The Senate then proceeded to the special order, being the report of the Committee on the Judiciary on the message of the President of the United States, concerning the pension books in the United States Bank.

Mr. CLAYTON then addressed the Senate in reply to Mr. WRIGHT, but before he had concluded, he gave way to a motion to adjourn.

On motion of Mr. EWING, the Senate then adjourned.

THURSDAY, MAY 15.

[MAY 15, 1834

whom he thinks he has seen, and that too, written in a In speaking of the resolution of the Senate of the 28th loose, accusatory style, which does not entitle it to great of March last, which declares certain late acts of the Excredit for accuracy. I think Major Cochran is mistaken; [ecutive, in regard to the public revenue, to be in deroga my information, received from Zanesville yesterday, fixes tion of the constitution and laws, the President says that the price of wheat at 50 cents. The gentleman who he is "perfectly convinced that the discussion and pas brought the memorial from Licking county, stated the sage of the above-mentioned resolution were not only ne price there at 443. I do not think it does command 62 authorized by the constitution, but, in many respects, re cents per bushel now in Louisville, but I will not contest pugnant to its provisions." It seems, then, we merit the it, as the truth of the matter must be well known there, rebuke of the President, not merely for the passage and they who are on the spot can set us right. the resolution, but even for its discussion! We canne: constitutionally call in question or censure any Executive act, because there is no express provision in the constit tion for that purpose! I always thought that freedom c debate, on all subjects, was secured both to the Senate and the House of Representatives, that they were never to be called to answer before any tribunal for what was said here. But, sir, it seems that in this I am mistaker, The President assumes now the broad, the dangerous ground, that he has the right, in his official character, u der the constitution, to arraign the Senate before the be of public opinion, because they have dared to discuss the question whether, in his official acts, he has assume upon himself authority and power not conferred by the constitution and laws." What becomes of the duty of WILMINGTON (DEL.) PROCEEDINGS. Senators to the constitution and laws, under such a Mr. NAUDAIN rose and said he had been requested assumption of power? Must they sit still and hol to lay before the Senate the proceedings of a large and their peace, while the Executive usurps all power, and respectable meeting of the citizens of Wilmington, in the gives his uncontrolled will the authority of law? Mus State of Delaware, in relation to the protest of the Presi- they not raise the warning voice to their fellow-citizens, dent of the United States, sent to the Senate on the 17th when they see the President break down all the guards of April last. These citizens considered the protest in with which the law has surrounded the treasury of the m the light of an appeal to the people of the United States, tion, and seize upon the public purse? The Preside and had met for the purpose of responding to it, which says, No: you have no right to speak, because you may response he had now the honor to present; and, at the be called on to judge me for these violations of the co same time, he felt it his duty very briefly to call the stitution and laws, and because “each of the three grea attention of the Senate to the sentiments it expressed. departments is independent of the others in its sphere d The first resolution is in the following words: action; and when it deviates from that sphere, is n "Resolved, That we utterly repudiate and deny the doc-responsible to the others, further than it is expressly made trine set forth in the Presidential protest, that the resolu- so in the constitution." ́ Admit, sir, this doctrine of the tion adopted by the Senate on the 28th of March last, is protest to be correct, and where, I would ask, is the Ser wholly unauthorized by the constitution, and in deroga-ate inade responsible to the President for its acts? How tion of its entire spirit;' that it never was known or heard does he derive a power under the constitution to accuse of, in any free country, that the executive or monarchical the Senate of violations of that instrument, and arrag power in the State, was above the censure or supervision them before the people, while he denies a constitutions of the legislative power; that we hold it to be essential to right in this body to disapprove of, or call in question, a the existence of free government, that the legislative acts, or even to discuss them? I call upon any gentlema body, the representatives of the people, should watch here to show that the Senate is "expressly made th over the conduct of the executive agents, from the Chief responsible to the rebuke of the President for their acts. Magistrate to the lowest functionary, and for the purpose If this cannot be shown, it must, then, according to this of correction, censure, or rebuke, and without a view to very executive doctrine, be admitted that the Preside impeachment, notice any act of these functionaries which, himself, while rebuking the Senate for the discussion t in their opinion, amounts or approaches to an infringe- passage of this obnoxious resolution, is himself gu ment of the constitution or laws; that such, we believe, of the very offence he upbraids the Senate with co is the spirit and intention of the constitution of the United mitting. States, which has vested an immense patronage in the Sir, it is the duty of the people to think of these things Executive, a power which was intended for the benefit of to examine their tendencies; to express their sentimen the people, but which, when perverted to the purposes upon them while they are yet free: for no one can t of corruption, becomes the most dangerous power that how soon, in these days, their right to discuss and express can belong to any Government, and which, therefore, their opinions on the assumptions of Executive powe should at all times be watched, controlled, and regulated will be called in question. The right of the Senate s by the representatives of the people." House of Representatives is already denied; and it The people of this country will have read history to but one step more to deny that right to the pep little purpose, if they do not know that the liberties of themselves. every free people have been destroyed by Executive en- But, sir, I pass to the second resolution. croachments and usurpations of power. And is it not "Resolved, That, as a free people, we never can adm time that they should now arouse themselves from their but must utterly deny and protest against the monstro slumbers, and see what are the pretensions of Executive power claimed by the Executive over all the officers d authority, as set forth in this protest; whether they are the country, judicial officers excepted; we deny that the consistent with a due regard to liberty and the constitu- are his agents, the creatures of his will and pleasure, ap. tion; whether there be not, at this time, a manifest ten- not the agents of the law, and servants of the peop dency in the executive arm of the Government to seize that this monstrous pretension, if submitted to by the pe upon all power, and set up the Executive will as the only ple, constitutes him at once the Lord Protector or Dica law of the land? tor of the Commonwealth, giving him absolute contr

MAY 15, 1834.]

Wilmington (Del.) Proceedings.

[SENATE.

over the Legislative and Judicial departments, as well as fore, and discharged all its duties with faithfulness and the Executive, because their laws and judgments must distinguished ability. His political opponents have never be carried into effect by officers appointed by him, and dared to insinuate aught against him; and yet, sir, many bound, according to his doctrine, to submit implicitly, in of the Senators had not time to reach their homes, after all things, to his will and pleasure." the termination of the session at which he was confirmed

Let us see, Mr. President, whether the people of Wil-by them, before he was removed. Think you, sir, this mington have correctly understood the claims of the Pres- removal was made because the President, according to ident over "his" officers, as set forth in this remarkable the doctrine of the protest, was "no longer willing to be paper. I read a few passages from the 7th and 8th pages responsible for his acts?" Where could he have reposed of the "official" pamphlet. "By the constitution the confidence with greater safety?-where could his "reexecutive power is vested in a President of the United sponsibility" be less endangered? If the President can States. Among the duties imposed upon him, and which thus remove officers by the exercise of his own arbitrary, he is sworn to perform, is that of taking care that the uncontrolled will, without any charge of malfeasance or laws be faithfully executed.' Being thus made responsi- neglect of duty, and that, too, immediately after their ble for the entire action of the Executive department, it confirmation to office by the Senate, what becomes of the was but reasonable that the power of appointing, over- check upon the power of appointment by the President, seeing, and controlling those who execute the laws-a provided in the constitution? It is gone, entirely gone. power in its nature executive-should remain in his As soon as the Senate shall adjourn, the President, achands." Again: "The whole executive power being cording to this doctrine, may fancy that he is not willing vested in the President, who is responsible for its exer-"to be any longer responsible" for the acts of any officer cise, it is a necessary consequence that he should have a who had just been confirmed by the Senate, and remove right to employ agents of his own choice to aid him in him to make room for a friend or favorite. He thus the performance of h's duties, and to discharge them makes a vacancy "happen" in "the recess of the Senwhen he is no longer willing to be responsible for their ate:" he then fills it with a worthless favorite, whom he well knows the Senate would never advise and consent

acts."

We see here all power assumed, over all officers of the should receive the appointment. This commission, thus Government-the right of appointment, removal, and issued, is good, under the constitution, until the end of control, without check or limit. The right of removal is the next session of the Senate. Just before the terminaadvanced in the most unqualified and broadest manner, tion of their session, and among his last nominations, supwithout any responsibility, except the general responsi- pose the President should nominate to the Senate, for the bility and check of public opinion. In order to under-office, a man worthy the entire confidence of this body. stand these executive expositions of his power, let us They would gladly confirm him, supposing the obnoxious look to the broad and plain commentary of Executive individual, who had been introduced into office by Execpractice, and the matter will be made so plain, that "he utive will, would thus no longer disgrace the office and who runs may read." By the constitution of the United the country. But no: in this reasonable expectation they States, it is provided, that "the President shall have may be disappointed; for, according to both the theory power to fill up all vacancies that may happen during the and practice of the Executive, this individual, thus nomirecess of the Senate." But the President, in this paper,nated to and confirmed by the Senate, may be removed claims the right, under the constitution, to create vacan- the day after they adjourn, and the same obnoxious and cies, to make them "happen" whenever he pleases, and unworthy individual be restored to his office; and, by a fill them with whom he pleases. And he has already ex- repetition of this mock process of nomination to the Senercised this power in such a manner as to deprive the ate, continued in it the whole term of office of the Presi Senate of all that salutary check over executive officers dent. Let me not be told, sir, that this is the idle fear of which was so wisely provided in the constitution, to guard a heated imagination, the mere chimera of an inflamed paragainst the appointment of incompetent persons, or worth-tisan, sounding the alarm for party purposes. We have less or fawning favorites of power. In the days of all already seen such things advocated in the official press of former Presidents, this power of removal has never been the Government, and its kindred organs. I have paid exercised, except to secure the faithful discharge of cer- some attention to this paper, since its establishment as the tain incumbent duties. It was never dreamed of, in the official organ of "the Government," It has seemed to better days of the republic, that the Executive power me, sir, to be truly a "by authority" press. However could be abused to reward electioneering services; and startling and alarming the doctrines it may advance, and that worthy and faithful officers, appointed with all the however repugnant to the constitution and laws the forms of the constitution, while in the diligent and con- course of conduct it may advise, we almost always see scientious discharge of duties devolving upon them by the Executive arm of the Government advancing these law, should be ignominiously thrust from office, to make doctrines and pursuing that course. I therefore think we way for the base parasites that bask in the sunshine of may fairly assume that it is the faithful exponent of the Executive favor, because their heartless services have Executive mind. That paper, not many days since, in been effectual in cajoling the people to repose confidence speaking of the complaints which had been made on this in him and elevate him to power. floor, of the President's withholding the nominations of

Has not this been done in hundreds of instances since important officers, appointed in the recess, until this the present incumbent has been in the Presidential chair? late period of the session, puts forth this remarkable Do we not all remember what happened in 1829. Were doctrine:

there not hundreds of faithful officers removed, avowedly "It means that if Mr. McLane, or either of the other for political reasons?—that is, sir, to enable the Executive gentlemen, were nominated and rejected, he would be to pay, with the money of the people-not with his own-ipso facto out of office, his commission to the end of the for services rendered during the electioneering campaign. session notwithstanding! If this be their view, it is a new Has it ever been denied that the removals were intended mode of removal from office, invented for the benefit of "as rewards and punishments?" Some of these re- the bank, and admirably adapted to its disorganizing movals, too, were made in utter disregard, if not con- schemes. If a vacancy could thus be created, it would tempt, of the constitutional rights of this body. I have happen during the session of the Senate; and the Presinow in my eye a gentleman who was nominated to, and dent not having power to fill it, the office must remain confirmed by the Senate, for an office, during the session vacant until the Senate should get a man nominated to of 1828-9. He had filled the office for several years be-their liking.”

SENATE.]

Now, what is the doctrine of this paragraph? Does it them." " And thus, sir, every officer who should withnot fully bear me out in my argument, that the check of stand his will, would be thrust aside, and their places the Senate upon the power of appointments is gone, filled by such supple tools as are always ready to do the wholly gone? It seems, then, by this "official" doctrine, biddings of power, without any restraint from honor, that the power is claimed for the President to make a va- honesty, or conscience. cancy happen" during the recess of the Senate; fill it, Do not tell me, sir, that the responsibility of impeachat his pleasure, until the end of the next session; during ment would be an efficient check against such an abuse that session to nominate to the Senate, and, if his nomi- of power. A corrupt President would laugh to scorn all nation should be rejected, again to fill it at his plesure! attempts to make him responsible in that way. Elected With such powers claimed by the President, and such by a majority of the people, sustained by affiliated and doctrines advanced by his official paper, it is high time corrupt presses throughout the country, pensioned from for the people to look to it, before the chains preparing the Treasury of the nation, with all the patronage of the for them are firmly riveted, and express their opinions in Government, and the millions of the public money, a tone that will be heard in the inmost chambers of the brought to bear upon both Houses of Congress, who does palace, and cannot be misunderstood by the most abject not see, Mr. President, that, taking man as he is, it would sycophant of power. Should they now slumber, they be vain, and worse than vain, to attempt to impeach a may hereafter in vain regret that they have allowed a man bold, bad man, thus armed with the uncontrolled power so to abuse their confidence, and usurp power, as indeed over the sword and purse, and determined, at all hazards, to become, in the words of these highly respectable citi- to maintain himself in power. The vengeance of arbizens, "the Lord Protector or Dictator of the Common- trary power might, and probably would, fall upon the few wealth," by assuming absolute control over the Legisla-bold and pure patriots who might attempt thus to arrest tive and Judicial departments, as well as the Executive, the strides of despotism over their beloved but devoted because their laws and judgments must be carried into country. They might offer up their lives willingly upon effect by officers appointed by him, and bound, according the altar of the constitution and laws; but the overthrow to his doctrine, to submit implicitly, in all things, to his of the liberties of the people, the establishment of uncon will and pleasure. trolled despotism, would be but hastened by an unsuc The third resolution reads thus: cessful attempt to check the march of executive power "Resolved, That we also utterly deny and protest against by impeachment. Sir, this responsibility of impeachthe doctrine, that the custody of the public money belongs ment would be no check to the bold, daring, reckles to the President, by the constitution, and that Congress spirit who might attempt to overturn the institutions of cannot take that custody from him without a subversion the country; and who, according to these Executive dec of the constitution; that, on the contrary, we believe the constitution has intrusted the money of the people to the sole and exclusive custody of the representatives of the people in the National Legislature; and that the power claimed by the President, by uniting the purse and the sword in one hand, would render our Government a despotism under the forms of a republic."

of the constitution."

trines against which I am contending, would have the power to appeal to, and enlist on his side, the worst and most dangerous passions of our nature-the love of power and honor, and the love of money.

In the denial of, and protest against, these doctrines of the Executive, I most heartily concur with my fellow. citizens. They have just cause of alarm when they see We well know, sir, that the President says, in the 9th such doctrines, so dangerous to our free institutions, page of the protest, that "Congress cannot take out of throwing all power into the hands of the Executive, rethe hands of the Executive department the custody of moving all guards from the Treasury, opening the door the public property or money, without an assumption of for the corruptly ambitious to destroy our constitution executive power, and a subversion of the first principles and enslave the freemen of this nation. I say, sir, they have just cause for alarm when they see such doctrines Take these two Executive doctrines together, the right advanced, such powers assumed, by their servants. The to the custody of the public treasure, and the right to people of the United States, I trust, will see the tendency appoint, remove, and control, in their action, all the offi- of these dangerous assumptions of the Executive. They cers of the Treasury, and what becomes of the guards may see in them the links of the chains ready forged to over the public purse? What security remains that un-bind them to the car of a despot; not, indeed, connected hallowed hands may not be placed in the public coffers? together as yet, and placed upon their limbs, but ready What check would you have over a President disposed prepared for the use of the first man of fearless, unhalto use the public money for corrupt and base pur-lowed ambition who shall ascend the Presidential chair, poses; for purposes unknown to the laws? These doc-and aspire to change it to a throne. trines, if they prevail, remove every guard, every check, The next and last of these resolutions, which I shall provided by the constitution and laws against the unlaw-trouble the Senate by calling their attention to, is as folful disbursement of the public revenues, and place the lows:

purse at the uncontrolled will of the Executive. The "And whereas the President of the United States, AnPresident, we will suppose, calls his Secretary of the drew Jackson, in his communication read to the cabinet Treasury before him, and says, "Mr. Secretary, issue a on the 18th of September last, did declare that he aswarrant on the Treasury for one hundred thousand, or a sumed the responsibility' of the removal of the public million of dollars, to A. B." The Secretary might an-deposites from the Bank of the United States, where they swer, "Mr. President, there is no act of Congress ma- had been placed by law: and whereas the said Andrew king such an appropriation, and I cannot obey your re-Jackson is struggling to evade and escape the responsi quest; because the constitution says No money shall bility which he had voluntarily assumed: Therefore, be drawn from the Treasury but in consequence of ap- "Resolved, That, as a portion of the people of the United propriations made by law." The President might an- States, and as our answer, in part, to the said appeal, we swer, according to the doctrines of the protest, "Sir, you are my Secretary; you are bound to obey my will; I am responsible for your acts; and if you will not allow your self to be controlled, in the discharge of your duties, by me, I am no longer willing to be responsible for you, and must remove you, and supply your place with one who will discharge the duties of his office as I understand

do hereby ratify, confirm, and adopt, the resolution adopted by the Senate of the United States, on the 28th of March last, which is in the words following, that is to say:

"Resolved, That the President, in the late executive proceedings in relation to the public revenue, has assumed upon himself authority not conferred by the constitution and laws, but in derogation of both.""

MAY 15, 1834.]

Wilmington (Del.) Proceedings.

[SENATE.

The Sen

We here see that these citizens, in this primary as- attempted to put an extinguisher on those proceedings sembly, adopt the resolution of the Senate which has then, and he was pursuing a similar course with regard called forth against this body the heavy denunciations of to the present document. He (Mr. C.) was astonished the President imbodied in the protest, and make it a part at such conduct. The President had sent forth a deliberof their own proceedings. I freely confess my gratificaate and elaborately-written appeal to the community, calltion, sir, to find that my honorable colleague and myself ing upon them to decide between himself and the Senare sustained in our course here by so highly intelligent ate; he had issued 40,000 copies of his appeal at first, and respectable a portion of our fellow-citizens as were and the Lord knew how many since; the protest was in assembled at this meeting. The approbation of the good the possession of every man, woman, and child in the people of our own State is our highest and best reward. country. Well, the Senate had responded, in their own It has always been my ardent desire fairly to represent way; they had not issued 40,000 copies of their decision, their views and opinions here; and for the expression of but had expressed their opinion calmly and quietly. The their approval allow me to express my gratitude. question had been put before the people, and the answer Sir, these citizens of Wilmington present themselves was now coming back. The appeal had been made by here by the name of whigs. They see, in the assump- the President himself, and they were now getting the detions of power by the Executive, in the high pretensions cision. But what said gentlemen? Put it on the table to to superior authority over all the other departments of slumber; not granting even a sufficient number of copies the Government, asserted by that officer, causes of alarm to enable Senators to read and understand it. and dismay, unless the people of the country again rally ate had been put upon their trial-had been told that the round the standard of the constitution and laws. They people would condemn them-they ought, therefore, at see in the present crisis a cause worthy of their best least to be permitted to read their sentence of condemnaenergies, and they are determined now to vindicate the tion when it arrived. cause of rational freedom from the usurpations of ar- As to the expense of printing, he would ask the Senabitrary power or unballowed ambition, as their fathers tor from Georgia, why the memorials which were daily did before them. They believe they see all that is val- received upon the subject of the deposites, were ordered uable of the fair and glorious fruits of that arduous strug to be printed. That question had been set at rest; at gle jeoparded; that, except they now nerve themselves least they were told so, and yet they continued to print for the contest, their fathers will have sacrified their com-these papers. He did not think, therefore, that thus fort, wealth, and blood in vain; that if we now submit to late in the day, these expressions of public feeling, which the uncontrolled domination of one man, surrender to him had been expressly called for, and which were looked to all power over the purse and the sword, it will be worse so anxiously, should be suffered to repose undisturbed in than in vain that they braved all the perils of an eight the pigeon-holes of the Secretary's desk. He (Mr. C.) years' war, hazarding their lives in a hundred battles. could well imagine that these expressions of popular senBelieving then, sir, that all the rich blessings, so dearly timent were not read with any great delight by some genpurchased for us by our fathers, and, as they fondly tlemen, but he repeated that they ought to be read, and thought, so firmly secured to us and our latest posterity, their contents made known as widely as possible. The by our blessed constitution, is now in peril, they have people had taken this matter into their hands; they conthought proper to revive the venerated name of whig, ceived that the great principles of this Government were by which the advocates of well-regulated liberty and the at stake; that their interests were at stake; and it became opponents of arbitrary power have been so long distin- Senators to look with an anxious eye to the course which guished. Under this title they will be distinguished; the people might prescribe for them to pursue. He under this standard they will rally and triumph. hoped the paper would be printed, and all those of a like character.

Mr. NAUDAIN Concluded by moving that the proceedings be read, printed, and laid on the table.

Mr. FORSYTH wanted to know what this paper was to be printed for. Gentlemen had made no reference of it. Why were they to go to the expense of printing?

Mr. FORSYTH said, it would be recollected that the memorial to which the Senator from Maryland had alluded, (the Baltimore memorial,) had been referred to some committee, and therefore some action might be expected Mr. NAUDAIN deemed it his duty to renew his mo- upon it. The paper might be required to be referred to tion for printing, out of respect for the very respectable hereafter; but who would want to refer to the present persons who had sent the memorial to the Senate. Those document? If the printing of these proceedings was orpersons had sent the paper here as an answer to the pro-dered, it would be merely throwing money into the hands test of the President-to the appeal which had been made of the printer. The copies would be entirely useless to to them; and he (Mr. N.) thought it but just and proper the Senate. With regard to the Baltimore memorial, he that this answer should be printed. If the honorabe Sen-begged also to say, that it came here before the protest ator from Georgia did not think this reply to his objec- was disposed of. The present paper certainly ought to tion satisfactory, he (the honorable Senator) could vote be treated with respect, and referred to by all those whom against the motion to print. it delighted, and who saw themselves reflected in it.

Mr. FORSYTH did not think the reply of the Senator It was for that majority, Mr. F. said, who were defrom Delaware satisfactory; he would not vote for the lighted with the paper, to determine whether or not it printing of the document, merely out of respect to the in-should be printed; but he would vote against it. dividuals from whom it came. Senators did not come Mr. CHAMBERS said, a paper was presented yesterhere to spend the public money in this way. The money day [by Mr. MORRIS] on this subject, which was not for printing came out of the contingent fund, and they opposed by the honorable member from Georgia; and were not justified in voting it away to gratify their own Mr. C. thought the citizens of Delaware were entitled to vanity when praised in a memorial. He should vote as much respect as the constituents of the gentleman against the printing. from Ohio. Mr. C. could not forget that the former were

Mr. CHAMBERS said, he had had the honor to pre-nearer him in their geographical situation, and that they sent the first expression of feeling upon this subject from were nearer the seat of Government, the main source of the people, the sovereigns of the country, and the hon-information on this subject, than the people of Ohio. Mr. orable Senator from Georgia had proposed to lay the pa-C. would ask with what propriety, after the proceedings per upon the table. He (Mr. C.) alluded to the pro- of yesterday, the gentleman from Georgia could object ceedings of the late large meeting in Baltimore, upon the to printing this paper?

subject of the protest. The Senator from Georgia had Mr. CLAYTON hoped the gentleman would withdraw

SENATE.]

Wilmington (Del.) Proceedings.

[MAY 15, 1834.

his opposition. Mr. C. thought he [Mr. FORSYTH] did not honorable gentleman from Georgia would state the num appear to understand the contents of the paper. It was ber of copies which had been printed, and by whom not merely a protest against the President's protest; it was they had been paid for, any erroneous opinion which exnot only an expression of the opinions of citizens of the isted on that point, would be done away with. country in regard to the doctrines of the President, but Mr. FORSYTH said he did not know. also of their views in relation to the removal of the deposites; and it could not be fully known what the paper contained, till it should be printed; and then Mr. C. thought the honorable Senator would be able to give a more correct view of it. The printing was not designed merely as a mark of respect to those who sent the paper, but for the information of the Senate.

Mr. CLAY observed, that then the assertion was not to be taken as a proof of what had been asserted. It was known, he believed, that it was sent to the Globe office. He did not care if more than forty thousand copies were printed and circulated among the people.

The honorable Senator [Mr. FORSYTH] had asked of what utility it was that the memorial should be printed' The Senate had adopted certain resolutions in relation He (Mr. C.) contended that it would be of great util to the power of the President; the President had pro-ity; and, whatever the honorable Senator's opinion of the tested against those resolutions, and had appealed to the people of Wilmington might be, yet he indulged the people. The people were now expressing their views in hope that when that gentleman and others came to exam relation to the controversy. If they condemned the Sen-ine the public opinion, they would think otherwise. The ate, then, according to doctrines which had been main-principal value of the memorial was to demonstrate pub tained by gentlemen, the Senate ought to repeal those lic opinion. He hoped the memorial would be printed, resolutions; and if the people of Delaware should resolve as well as all other respectable memorials. that the Senate had encroached on Executive preroga- Mr. KANE did not say that any part of the protest tive, Mr. C. would tell the Senator from Georgia, that it had been misquoted; but, the impression on his mind was, would have such an effect on him, (Mr. C.,) that he would that it was misrepresented. What he meant was, that vote for the repeal of the resolutions. Mr. C. profess- the memorialists had erred in the opinion which they had ed to represent the opinions of the people, and not those formed of it. He thought it extremely improper to print of the State Legislature, unless they coincided with the memorial from the State of Delaware, when the those of the people. But how could they know the opin- Senate refused to print the protest to which it had reions of the people, if the gentleman from Georgia should ferred. The one ought not to be perpetuated on the prevent their being printed? Mr. C. claimed it as a right Journals without the other. Let them both take the same to have the paper in print, that he might carefully exam-course. ine it, and see what was the opinion of this portion of our fellow-citizens.

Mr. PRESTON had voted with the administration to receive the protest. If a memorial which censured the Mr. KANE thought it just and proper that the paper body was to be received, could gentlemen say that pa should be printed; but he thought the President's protest pers which approved of the action of the body should not should be printed with it, so that when the newspaper be received? He felt the weight of what the honorable containing the protest was gone, the files of the Senate Senator from Georgia had said as to the protest. The might preserve the protest and its comments together, action of the Senate on the protest was now a matter of that individuals might see hereafter whether the charges history. It was done with. Those papers then referred against the protest were true or false. He was unwil- to a thing past, as much as if they referred to the Decling to vote for the printing, unless the antidote could laration of Independence or the actions of General Washi accompany the poison. He therefore moved, as an amend-ington. He looked upon it as a practical question wheth ment, that the protest be printed with the memorial. er the memorial should not be printed, in order that Mr. CLAY thought the opposition to printing the doc- Senators might have an opportunity to read it in order ument was singular, especially on the ground on which it to understand it. One gentleman had observed that he was placed. The gentlemen of the administration had heard it so imperfectly when it was read to the Senate, been taken with a fit of economy, and the day was to be that he did not understand it. The question was, should consumed in a discussion on a document which was not the Senate receive it for the use of the Senate, and make before the Senate. Mr. C. would ask gentlemen to use of it? He thought it should be printed for reference. consider their course. If it was true that 40,000 copies Intending, as he did, to vote for the printing of that of the protest had been printed, it would not require the paper, he was averse to printing the protest. He was aid of the Senate to give it circulation. Mr. C. thought averse to do, by indirection, what the Senate had refu Congress, in the matter of printing, had been more eco-sed to do directly. This referred to the protest-a mal

nomical than the Executive.

Mr. CHAMBERS appealed from the decision of the Chair; but, at the suggestion of Mr. CLAY, and on receiving information of what had occurred during his absence, withdrew the motion.

Mr. FORSYTHI would vote against the amendment of Mr. KANE, and the original motion to print, on the same ground, of the utter want of utility.

ter that was done with.

He would vote for the printing of this paper-it was respectful, and presented in a proper manner. Whe however, he saw a memorial come in, in the form of an extract from a newspaper, he would not vote for the re ception of a paper so presented in future; it was offering an indignity to the Senate. Papers for presentation to any legislative body, ought to be in manuscript, and signed by the parties who offered them.

of Mr. POINDEXTER had voted against the printing the resolutions yesterday, not merely because they were presented in the form of a printed paper, but because they had not the signatures of the persons by whom they were professed to be adopted. Mr. P. here read from Jefferson's Manual, sec. 19, which says: "Petitions must Mr. CLAY again adverted to the printing of 40,000 be subscribed by the petitioners, unless they are attend copies of the protest at the Globe office, and would asking, or unable to sign, and averred by a member." The if it was done at the expense of the people of the Uni-present memorial, he should vote to receive and print. ted States. Mr. C. said that with respect to the number of What was the situation of the Senate at this moment' the protest which was printed at the Globe office, he knew The President of the United States had thought proper nothing but what had been stated in the Senate. If the to find fault with, and appeal against the action of the