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DEBATES IN CONGRESS.

PART II. OF VOL. X.

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APRIL 21, 1834.]

Explanatory Message.

(SENATE.

cuiss and declare the limits of the prerogative and power which I do not entertain, and more particularly am I soliof one who has extended his claims far beyond those of citous that I may not be supposed to claim for myself, or any British monarch since the English revolution, I shall my successors, any power or authority not clcarly granted vote against the motion of the honorable member from to the President by the constitution and laws. I have Pennsylvania, and every other motion to proceed to any therefore respectfully to request that this communication other important business, before this paper has been dis- may be considered a part of that message; and that it may posed of

be entered therewith on the Journals of the Senate. Mr. CALHOUN followed on the same side, expressing April 21st, 1834.

ANDREW JACKSON. his hearty concurrence in the views taken by the Senator After the message had been readfrom Delaware, and his earnest hope that the Senate Mr. POINDEXTER moved that this message also be woull refuse to proceed to any other business.

not received; and that certain resolutions, which he proMr. WILKINS replied that he only wished the Senate posed as a modification of his motion that the original proto consider a treaty.

test be not received, be printed; intending, at a proper Mr. SPRAGUE said the treaty was unimportant at this time, to move their adoption. time, and concurred fully in the views of Mr. Clayton. Mr. PRESTON took occasion to say that he was de

Mr. WILKINS then withdrew the motion, and gave lighted at the message which the President of the United notice that he would renew it again on Monday, after the states had done the Senate the honor to send in to them gentleman from Ohio (Mr. EwING) should have conclu- to-day. He was extremely gratified also at the message ded his remarks.

which had now been submitted, not only because it put On motion of Mr. EWING,

a gloss on the principles contained in the first paper, and The Senate then adjourned to Monday.

thus betrays the apprehension of the President, that, in

their original and naked form, the whole country, every MONDAY, APRIL 21.

man in the country, would revolt against them. And he EXPLANATORY MESSAGE.

was also delighted, because it proved that the ear of the

President had not been entirely closed against the deThe following message, explanatory of the protest sent bates of the Senate, and that these debates had been sucon the 17th instant, was received from the President of cessful in compelling him to change the expression of his the United States, by Mr. Donelson, his private Secre- views. He believe that, before the termination of the tary.

session, there would be many such explanations; that To the Senalc of the United States:

every day would be productive of them; until, finally, Having reason to believe that certain passages contain- the text would be absolutely overwhelmed by the comed in my message and protest transmitted to the Senate mentaries. on the 17th instant, may be misunderstood, I think it Mr. FORSYTH did not understand very well what progproper to state, that it was not my intention to deny, in ress was to be made in this business. The honorable the said message, the power and right of the legislative Senator from Mississippi proposed that his condemnatory department to provide by law for the custody, safe keep-resolutions should be placed upon the Journals of the ing, and disposition, of the public money and property Senate, and that the message should not.

He (Mr. of the United States.

F.) should imagine it must be decided, in the first Although I am well satisfied that such a construction is instance, whether the document would be received. not warranted by any thing contained in that message, He submitted to the gentleman whether it was not due yet, aware, from experience, that detached passages of an to the character of the Senate, and that of the Chief argumentative document, when disconnected from their Magistrate, that the paper, as well as the resolutions context, and considered without reference to previous condemning it, should be placed on the records. With limitations, and the particular positions they were intend respect to the explanatory message to which reference ed to refute or to establish, may be made to bear a con- has been made, he was somewhat glad that it had been struction, varying altogether from the sentiments really sent to them this morning, not because it altered, in entertained and intended to be expressed; and deeply the slightest degree, in his opinion, the correctness of solicitous that my views on this point should not, either the opinions contained in the message of the President, now or hereafter, be misapprehended, I have deemed it but because it prevented a construction being given to due to the gravity of the subject, to the great interests it his language different from that which he intended. He involves, and to the Senate, as well as to myself, to (Mr. F.) understood the original message to assert only embrace the earliest opportunity to make this communi- a very simple proposition—hat it was not possible for the cation.

legislature of the United States to create another execuI admit, without reserve, as I have before done, the tive power. The gentleman from South Carolina was constitutional power of the legislature to prescribe, by mistaken in regard to the object of the supplementary law, the place or places in which the public money or message; it was not sent to correct an error, but for the other property is to be deposited; and to make such reg-purpose of giving a more full explanation of a previously ulations concerning its custody, removal, or disposition, expressed opinion, to prevent an erroneous impression as they may think proper to enact. Nor do I claim for from being entertained. He (Mr. F.) hoped the honorathe Executive any right to the possession or disposition of ble Senator from Mississippi, with his usual candor, would the public property or treasure, or any authority to inter- withdraw his motion to print the resolutions, and let the fere with the same, except when such possession, dispo- Senate decide first whether it would or would not receive sition, or authority, is given to him by law. Nor do I the message. It would be manifestly unjust to refuse to claim the right in any manner to supervise or interfere put the paper on the records while the resolutions were with the person intrusted with such property or treasure, placed there. It would be wrong to make any such disunless he be an officer whose appointment is, under the tinction. What would posterity think of the act-rcconstitution and laws, devolved upon the President, cording a strong condemnation of a Chief Magistrate, alonc, or in conjunction with the Senate, and for whose without doing him the justice to preserve his defence? conduct he is constitutionally responsible.

Would they think it just or unjust? Surely, surely, As the message and protest referred to may appear on Senators would not act so unfairly: Independent of all the Journals of the Senate, and remain among the record- other considerations, such as the high position he occuel documents of the nation, I am unwilling that opinions pied in the confidence of the people, it would be most should be imputed to me, even through misconstruction, l'unjust to him as a simple individual.

VOL. X.-88

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