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MAY 6, 1834.]

President's Protest.

[SENATE.

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involves the question, whether the Senate had a right to ple but efficient contrivance by which these happy repass that resolution or not? or what is the nature and char-sults are secured.

acter of the resolution? or whether it be correct in point | It has been often said that this provision of the constiof fact or principle? or whether it was expedient to adopt tution was unnecessary; that it grew out of abundant it? All these are important questions, but they were fully caution to remove the possibility of a doubt as to the exand deliberately considered, and were finally decided by istence of implied or constructive powers; and that they the Senate in the adoption of the resolution-finally and would have existed without it, and to the full extent irrevocably decided-so that they cannot be opened for that they now do. They who consider this provision in reconsideration and decision by the will of the body itself, this light, as mere surplusage, do great injustice to the according to the rules of its proceedings, much less on wisdom of those who formed the constitution. I shall the demand of the President. No; the question is not, not deny that implied or constructive powers would have whether we had a right to pass the resolution? It is one existed, and to the full extent that they now do, without of a very different character, and of much greater magni- this provision; but had it been omitted, a most importude. It is, whether the President had a right to question tant question would have been left open to controversy. our decision? This is the real question at issue-a ques- Where would they reside? In each department? Would tion which goes in its consequences to all the powers of each have had the right to interpret its own powers, and the Senate, and which involves in its recent decision the to assume, on its own will and responsibility, all the powfact, whether it is a separate and independent branch of ers necessary to carry into effect those granted to it by the Government, or a mere appendix of the Executive the constitution? What would have been the consedepartment. If the President has indeed the right to quence? Who can doubt that a state of perpetual and question our opinion-if we are in fact accountable to him dangerous conflict between the departments would be then all he has done has been rightfully done; then he the necessary, the inevitable result, and that the strongwould have the right to send us his protest; then he est would ultimately absorb all the powers of the other would have the right to judge of our powers, and to as-departments? Need I designate which is that strongest? sign limits beyond which we should not pass; then he Need I prove that the Executive, as the armed interwould have the right to deny our authority to pass the preter, as I said on another occasion, vested with the resolution, and to accuse us of usurpation and the violation patronage of the Government, would ultimately become of law and of the constitution in its adoption. But if he has not the right-if we are not accountable to him-then all that he has done has been wrongfully done, and his whole course, from beginning to end, in relation to this matter, would be an open and palpable violation of the constitutional right and privileges of the Senate.

the sole expounder of the constitution? It was to avoid this dangerous conflict between the departments, and to provide most effectually against the abuses of discretionary or implied powers, that this provision has vested all the implied powers in Congress?

But, it may be asked, are they not liable to abuse in Fortunately, this very important question, which has the hands of Congress? Will not the same principle of so direct a bearing on the very existence of the Senate, our nature which impels one department to encroach as a deliberative body, is susceptible of the most certain upon the other, equally impel Congress to encroach and unquestionable solution. Under our system, all who upon the Executive department? Those who framed exercise power are bound to show, when questioned, by the constitution clearly foresaw this danger, and have what authority it is exercised. I deny the right of the taken measures effectually to guard against it. With this President to question the proceedings of the Senate-ut-view, the constitution has raised the President, from beterly deny it; and I call upon his advocates and supporting a mere executive officer, to a participation in the ers on this floor to exhibit his authority; to point out the legislative functions of the Government; and has, among article, the section, and the clause of the constitution other legislative powers, clothed him with that of the which contains it; to show, in a word, the express grant veto, mainly with a view to protect his rights against of the power. None other can fulfil the requirements of the encroachment of Congress. In virtue of this imthe constitution. I proclaim it as a truth, as an unques-portant power, no bill can become a law till submitted tionable truth, of the highest import, and heretofore not for his consideration. If he approve, it becomes a law; -sufficiently understood, that the President has no right to but if he disapprove, it is returned to the House in which exercise any implied or constructive power. I speak it originated, and cannot become a law unless passed by upon the authority of the constitution itself, which, by two-thirds of both Houses; and, in order to guard his an express grant, has vested all the implied and construc-powers against the encroachment of Congress, through tive powers in Congress, and in Congress alone. Hear all the avenues by which it can possibly be approached, what the constitution says: Congress shall have power the constitution expressly provides "that every order, "to make all laws which shall be necessary and proper resolution, or vote, to which the concurrence of the Senfor carrying into execution the foregoing powers, [those ate and House of Representatives may be necessary," granted to Congress,} and all other powers vested by this (none other can pass the limits of their respective halls,) constitution in the Government of the United States, or in any department or officer thereof."

except on a question of adjournment, shall be presented to the President of the United States, and, before the Comment is unnecessary-the result is inevitable. The same shall take effect, shall be approved by him; or, beExecutive, and I may add no department, can exercise ing disapproved by him, shall be re-passed by two-thirds of any power without express grant by the constitution or the Senate and the House of Representatives, according by authority of law-a most noble and wise provision, to the rules and limitations prescribed in the case of a full of the most important consequences. By it, ours is bill." These provisions, with the patronage of the Execmade, emphatically, a constitutional and legal Govern-utive, give ample protection to the powers of the Presiment, instead of a Government controlled by the discre- dent, against the encroachment of Congress, as experition or caprice of those who are appointed to administer ence has abundantly shown.

and execute its powers. By it, our Government, instead But here a very important question presents itself, of consisting of three independent, separate, conflict-which, when properly considered, throws a flood of light ing, and hostile departments, has all its powers blended on the question under consideration. Why has the conharmoniously into one, without the danger of conflict, stitution limited the veto power to bills, and to the orders, and without destroying the separate and independent votes, and resolutions, requiring the concurrence of both existence of the parts. Let us pause for a moment Houses? Why not also extend it to their separate votes, to contemplate this admirable provision, and the sim-orders, or resolutions? But one answer can be given.

SENATE.]

President's Protest.

[MAY 6, 1834.

The object is to protect the independence of the two pleasure, this paper would afford the strongest. In illusHouses to prevent the Executive from interfering with tration of the correctness of this assertion, I will select their proceedings, or to have any control over them, as two or three of its leading positions, which will show is attempted in this protest; on the great principle which what feeble barriers reason or regard to consistency lies at the foundation of liberty, and without which it would be to prevent conflict between the departments, cannot be preserved, that deliberative bodies should be or to protect the Legislative from the Executive branch left without extraneous control or influence, free to ex- of the Government, and how regardless the President is press their opinions and to conduct their proceedings ac- of consistency or reason, where the object is the advance. cording to their own sense of propriety. And we find, ment of the powers of his department. accordingly, that the constitution has not only limited) In order to prove that the Senate had no right to pass the veto to the cases requiring the concurring votes of the resolution in question, the President enters into a the two Houses, but has expressly vested each House long disquisition on the nature and character of our Govwith the power of establishing its own rules of pro- ernment. He tells us, that it consists of three separate ceeding, according to its will and pleasure, without and independent departments-the Legislative, Execulimitation or check. Within these walls, then, the Sen- tive, and Judicial. That the first is vested in Congress, ate is the sole and absolute judge of its own powers; the second in the President, and the last in the Courts, and, in the mode of conducting our business, and in de- with a few exceptions, which he enumerates. He also termining how, and when, our opinions ought to be ex-informs us, that these departments are co-equal, and that pressed, there is no other standard of right or wrong, to neither has the right to coerce or control the other; and which an appeal can be made, but the constitution, and then concludes, that the Senate had no right to pass the the rules of proceedings established under the authority resolution in question. of the Senate itself. And so solicitous is the constitution It is not my intention to inquire, whether the view of to secure to each House a full control over its own pro- the Government which the President has presented, be ceedings, and the freest and fullest expression of opin- or be not correct; but, if it were, it would not be diffiion, on all subjects, that even the majesty of the laws is cult to show, that his conception, that they are co-equal, relaxed to ensure a perfect freedom of debate. It is and that neither has a right to coerce or control the other, worthy of remark, that the provision of the constitution taken in the ordinary acceptation of these terms, would which I have cited, in vesting in Congress the implied or deprive the Senate of all its judicial powers, and much of constructive powers, is so worded as not to comprehend its legislative. I will assume that his views are correct; the discretionary powers of the two Houses, in deter- and that, as co-equal departments, neither has the right to mining the rules of their proceedings, which, of course, interfere with the other; and what follows? If we have places them beyond the interference of Congress itself. no right to disapprove of his conduct, he surely has none, Let us now cast our eyes back, in order that we may on his own principle, to disapprove of ours. It would comprehend, at a single glance, the admirable arrange- seem impossible, that so obvious and necessary a conse ments by which the harmony of the Government is sequence could be overlooked; yet so blind is ambition in cured, without impairing the separate existence and independence of the parts. In order to prevent the conflicts which would have resulted, necessarily, if each depart ment had been left to construe its own powers, all the implied or constructive powers are vested in Congress; that Congress should not, through its implied powers, encroach upon the Executive department, (I omit the Judi- The advocates of the President could not but feel the ciary as not belonging to the question,) the President is glaring inconsistency and absurdity of his course; and, in clothed with the veto power; and that his veto should order to reconcile his conduct with the principles that he not interfere with the rights of the two Houses to con- laid down, asserted, in the discussion, that he sent his trol their respective proceedings, it is limited to bills, or protest, not as President of the United States, but in his votes that require the concurrence of the two Houses. individual character, as Andrew Jackson. We may asIt is thus that our walls are interposed to protect the sert any thing-that black is white, or that white is black. rights which belong to us, as a separate constituent mem- Every page, every line of this paper, contradicts the asber of the Government, from the encroachments of the sertion. Ile, throughout, speaks in his official character, Executive power; and it is thus that the power which is as President of the United States, and regards the sup placed in his hands, as a shield to protect him against the posed injury that has been done him, as an injury to him, implied or constructive powers of Congress, is prevent-not in his private, but in his official character. But the ed from being converted into a sword to attack the rights explanation only removes the difficulty one step further which are exclusively vested in the two Houses. back. I would ask, what right has the President of the Having now established, beyond controversy, that the United States to divest himself of his official character, President has no implied or constructive power; that he in a question between him and this body, touching his of has no authority to exercise any right not expressly ficial conduct? Where is his authority to descend from granted to him by the constitution, or vested in him by his high station, in order to defend himself, as a mere law; and that the constitution has secured to the Senate private individual, in what relates to him in his public the sole right of regulating its own proceedings, free character?

in the dust.

pursuit of power-so regardless of reason or consistency, that the President, while he denies to us the right to interfere with him, or to question his acts, does not hesitate to charge the Senate, directly and repeatedly, with usurpation, and a violation of the laws and of the constitution.

from all interference; the fabric reared by this paper, and But, the part of this paper which is the most charac which rests upon the opposite basis, presupposing the teristic-that which lets us into the real nature and charright to the fullest and boldest assumption of discretion-acter of this movement-is the source from which the ary powers, on the part of the President, falls prostrate President derives the right to interfere with our proceed ings. He does not even pretend to derive it from any With these views, it will not be expected that I should power vested in him by the constitution, express or imwaste the time of the Senate in examining its contents; plied. He knew that such an attempt would be utterly but if additional proof were necessary to confirm the hopeless; and accordingly, instead of a question of right, truth of my remarks, and to show how strong would have he makes it a question of duty; and thus inverts the order been the tendency to conflict, and how dangerous it of things; referring his rights to his duties, instead of his would have been to have left the several departments in duties to his rights, and forgetting that rights always prepossession of the right to exercise implied powers at their cede duties, and are in fact but the obligations which

MAY 6, 1834.]

President's Protest.

[SENATE.

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

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

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

Το

SENATE.]

President's Protest.

[MAY 6, 1834.

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

met.

functions by our judicial, in reference to the resolutions, Since, then, hostilities are intended, it is time that we less extraordinary. I had supposed that our judicial were should deliberate how we ought to act; how the assaults in addition to our legislative functions, and not in dimiupon our constitutional rights and privileges ought to be nution; and that we possess to the full extent, without If we consult what is due to the wisdom and dig limitation or substraction, all the legislative powers posnity of the Senate, there is but one mode: meet it at the sessed by the House of Representatives, with a single exthreshold. Encroachments are most easily resisted at ception, as provided in the constitution. Were it possithe commencement. It is at the extreme point-on the ble to raise a rational doubt on the subject, the example frontier—that, in a contest of this description, the assail- of the English Parliament would clearly prove that our ant is the weakest, and the assailed the strongest. It is judicial functions impose no restrictions on our legislathere that the purpose of the usurper is the most feeble, tive. It is well known that the House of Lords, like the and the indignation of those whose rights are encroached Senate, possess the power of trying impeachments, and upon, the strongest. Permit the frontier of our rights to I venture to assert, that, in the long course of time in be passed, and let the question be, not resistance to usurp- which it has exercised this power, not a single case can ation, but at what point we shall resist, and the conquest be pointed out, in which it was supposed that its judicial will be more than half achieved. I, at least, said Mr. functions were diminished in any degree by its legislative; C., will act on these principles. I shall take my stand at and when we reflect, that this portion of our constituthe door of the Senate, if I should stand there alone. 1tion is borrowed from the British, their example must be deny the right of the President to send us his protest. I considered as decisive, as to the point under consider deny his right to question, within this chamber, ouration.

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

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

Mar 6, 1834.]

President's Protest.

[SENATE.

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

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

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

I am mortified (said Mr. C.) that in this country, boast- "Resolved, That, leaving to the States, to whom the ing of its Anglo-Saxon descent, that any one of respect- Senate is alone responsible, to judge whether the resoluable standing, much less the President of the United tion complained of is, or is not, within the constitutional States, should be found to entertain principles leading to competency of this body, and called for by the present such monstrous results; and I can scarcely believe my-condition of public affairs, an authenticated copy of the self to be breathing the air of our country, and to be with original resolution, with a list of the yeas and nays, of in the walls of the Senate Chamber, when I hear such the President's message, and of these resolutions, be doctrines vindicated. It is proof of the wonderful de- prepared by the Secretary, and transmitted by the Vice generacy of the times-of a total loss of the true concep- President to the Governor of each State of the Union, to tions of constitutional liberty. But, in the midst of this be by him laid before the Legislature at their next sesdegeneracy, I perceive the symptoms of regeneration. It sion, as the only authority authorized to judge upon the is not my wish to touch on the party designations that opinions and conduct of the Senators respectively." have recently obtained, and which have been introduced in the debate on this occasion. I, however, cannot but remark, that the revival of the party names of the Revolution, after they had so long slumbered, is not without a meaning-not without an indication of a return to those principles which lie at the foundation of our liberty.

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

Mr. CALHOUN then moved to amend the original resolutions, by adding the two following resolutions: "Resolved, That the President of the United States has no right to send a protest to the Senate against any of its proceedings.

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

Gentlemen ought to reflect that the extensive and sudden revival of these names could not be without some adequate cause. Names are not to be taken or given at pleasure: there must be something to cause their appli- A few words passed between Mr. FORSYTH, Mr. cation to adhere. If I remember rightly, it was Augustus, POINDEXTER, Mr. KING, and Mr. CALHOUN, on the in all the plenitude of his power, who said that he found question of order, as Mr. FORSYTH's proposition was it impossible to introduce a new word. What, then, is pending. Mr. CALHOUN stated, that the obvious meanthat something? What is there in the meaning of whig ing of a rule of the Senate, that before any motion to and tory, and what in the character of the times, which strike out the words of a resolution should be received, has caused their sudden revival, as party designations, at was, that the resolution might be made as perfect as posthis time? I take it, that the very essence of toryism-sible. Mr. FORSYTH finally withdrew his amendment that which constitutes a tory, is to sustain prerogative for the present, to allow the question to be taken on the against privilege to support the Executive against the resolutions of Mr. CALHOUN,

Legislative department of the Government, and to lean The yeas and nays were then ordered on the amendto the side of power, against the side of liberty; while ment proposed by Mr. CALHOUN. the whig is, in all these particulars, of the very opposite Mr. FORSYTH then rose and said he concurred with principles. These are the leading characteristics of the the Senator from South Carolina, [Mr. CALHOUN,] that respective parties, whig and tory, and run through their the paper was an official message from the President of application in all the variety of circumstances in which the United States-in some sort person 1, too, as every they have been applied, either in this country or Great paper must be that was presented by an officer, to defend Britain. Their sudden revival and application at this himself on a charge of disregarding his duty, his personal time ought to admonish my old friends, who are now on character being in such charge necessarily involved. the side of the administration, that there is something Considered as an official communication from a co-ordiin the times-something in the existing struggle between nate department of the Government, it was with unfeigned the parties, and in the principles and doctrines advocated surprise that Mr. F. saw the pertinacity of members in by those in power-which has caused so sudden a revival, thus gravely discussing the question, whether the message and such extensive application of the terms. I have not or protest should be received or not. Senators treat it contributed to their introduction, nor am I desirous of as an ordinary petition or memorial. Now a petition was seeing them applied; but I must say to those who are in-never in the hands of the Senate, until it was formally

VOL. X.-104

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