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34 APRIL 21, 1834.]

Explanatory Message.

[SENATE.

ull I know, too, that although that be so, all other Presidents the royal claims of prerogative gave birth to a debate in on have laid such appointments before the Senate early after Parliament, in which Mr. Spicer (a member of the kitchh the commencement of the session. This has been the uni- en cabinet of the time, I suppose) said the Crown en form course; and to hold back so many of the heads of "could not be tied by any law, because it might loose on departments for so many months from the beginning of itself at pleasure." And Mr. Secretary Cecil told the g the session, is a thing altogether without precedent. other members-"If you stand upon law, and dispute of

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As to the protest, sir, it appears to me, that the honor- the perogative, hark ye what Bracton says--Prærogatiaveable member from Georgia has conceded it away. He ad- vam nostram nemo audeat disputare." Mr. Francis Bareg mits that there may arise emergencies in which the Sen- con, a whole-hog man, sir, said--" As to the perogatives tate has a right to express its opinion upon executive royal, he never questioned them, and he hoped they be proceedings; to make a case, as he expresses it, for the would never be discussed." When the question of the tconsideration of the people. If this be so, then the Sen- subsidy was before them, Mr. Sergeant Heyle saidate itself is to be the only judge when that emergency "Mr. Speaker, I marvel much that the House should in has arisen. The gentleman's admission acknowledges stand upon granting of a subsidy, or the time of payment, the right. The exercise of the right, then, on any given when all we have is the Crown's, and may be lawfully occasion, is matter of discretion; and this is precisely the taken at its pleasure from us. Yea, it hath as much right wground on which I placed the question when last speak to all our lands and goods, as to any revenue of the ing. Indeed, it cannot be otherwise. Suppose the Pres- Crown. At which, says the historian, all the House ident should commission persons to office, whom the Sen- hemmed, and laughed, and talked. Well, quoth Serate has rejected; might we not resolve, that such a pro- geant Heyle, all your hemming shall not put me out of ceeding was unconstitutional? Suppose he should threat-countenance.' [We have some in this day, said Mr. C., en to turn us out of our seats, by force; might we not who are as hard to put out of countenance.] "So the enter on our Journal a resolution against such menace? Sergeant proceeded, and when he had spoken a little No one, surely, can doubt this. The Senate, then, pos- while, the House hemmed again, and so he sat down. In sesses the right; on a recent occasion it saw fit to exer- his latter speech, he said he could prove his former posicise that right, in its discretion, and under its own sense tion by precedents, in the time of Henry III, King John, of duty; and it is a right which its members are bound King Stephen, &c., which was the occasion of their hemto maintain, in behalf of themselves, and for their suc- ming." Had Sergeant Heyle lived in our day, there is cessors in all time to come. I say nothing, at present, no telling to what a pitch of greatness he might not have upon the claims of executive power put forth in the attained. It can hardly be too much to say that he might protest. All I mean now, is, to assert the right of the have been a Secretary of the Treasury, or at least a PostSenate to express its opinion upon the conduct of the master General, with a promise of the Russian mission in Executive, in critical emergencies, and on momentous reversion. occasions, notwithstanding no impeachment be pending before it.

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Observe, sir, that, in the debate to which I have referred you, the advocates of power did, as they do still, seek Mr. CLAYTON said, the Senator from Georgia had ob- to support it chiefly by precedent and usage. The Presserved, that perhaps he (Mr. C.) had been influenced by ident builds his pretended prerogative to absolute control a desire to find the President in error when perusing his over the Secretary of the Treasury, in the manner of manprotest. Those who shall read the remarks of the mem-aging the public revenue and keeping the public deber from Georgia himself, in reference to the same paper,posites, on "the usages and precedents of the en. and who are not acquainted with his independent and un-ment. The precedent on which he and his advocates yielding course of opposition to all executive encroach- here rely, was established, not so far back as that of Serments, will rise from that reading with a deep conviction geant Heyle-not in the days of King John or King Stethat the honorable member, before he knew the contents phen-but in the day when the elder Adams gave his of the protest, was predetermined to support it, with casting vote in the Senate in favor of the removing power, every thing contained in it, right or wrong; and they will and laid the foundation for the present claim in the most probably not consider the honorable member a proper latitudinarian of all constitutional construction that was judge of the motives with which other persons have pe- ever attempted. The power of removal was based exrused the same document. clusively on the pretence that it was necessary for the Sir, this protest, which meets the cordial approbation President to have it, as an incident to his duty to "see of the Senator from Georgia, strikes at the constitutional that the laws are faithfully executed." But until this day, rights, and even at the very existence, of the body of it was never dreamed, by the most visionary of the high which he is a member. While the President complains tory school, that the power to remove embraced the power of the length of the Senatorial term of service, he distinct- to control the officer in every act he was to perform. ly declares, that the conduct of the Senate, in daring to This President is entitled to the fame of discovering, that, censure his acts, if persevered in, must inevitably lead to as his oath of office binds him to see the laws faithfully changes in the constitution itself. He singles out indi- executed, he is to exercise the power of controlling the vidual Senators as the objects and victims of his displeas- Secretary of the Treasury, and every other officer, in the ure; almost denies to them the privilege of suffrage here, discharge of duties. The monstrous character of this in relation to his conduct; and denounces the Senate pretension has been thus illustrated: The President thinks for daring to debate and decide upon his princely preten- that a decree of a district court, or a circuit court, or the sions to perogative-his unlimited and illimitable claims Supreme Court of the United States, is unconstitutional. to executive power. Because we have, with a view to He fulminates a bull against the court, and demands of it regulate our own legislative and executive action, ventu- to enter his protest on its records, "to the end that it may red to lay down a principle, by a resolution, defining and circumscribing the limits of his power, we are not only menanced by him, but even lectured by a member of the body itself. To what period of history shall we look for a parallel to these things, which are daily passing before our eyes?

Sir, it was in the year 1591, (was it not?) that the Judges solemnly decreed that England was an absolute empire, of which the King was the head. In that age,

never be drawn into precedent again, as in the case of our resolution. He then orders the marshal not to execute the writ issued by virtue of the decree. The marshal persists in the discharge of his duty, and says he is sworn to execute the writ. The President replies, you are an executive officer, and I must "see that the laws are faithfully executed," and as the constitution, which has been violated by the court, is the supreme law, I command you not to execute the writ. The marshal still persists, and

SENATE.]

Explanatory Message.-President's Protest.

[APRIL 21, 18

perty belonging to the United States, (excepting th which is in the use of the several co-ordinate departme of the Government, as means to aid them in performi their appropriate functions,) is in charge of officers a pointed by the President, whether it be lands, or building. for merchandise, or provisions, or clothing, or arms an munitions of war. The superintendents and keepers the whole are appointed by the President, and removabl at his will.

the President removes him-appoints another, and re-tance. In order to ascertain what was the character of moves him, and pursues the same process until he finds a original document, and of the explanation which had b tool to obey his will, and thus abrogates the decree of the sent to them, he would read a paragraph from the form court. He is to exercise the same power over every other paper. [Mr. BIBB here read the following passage fro executive officer appointed by him alone, or by the Pres- the first message of the President.] ident and Senate. This is the claim he sets up in this "The custody of the public property, under such re protest-this is the exact character of that ultra-despoticulations as may be prescribed by legislative authority, rescript which he thinks this Senate is bound to register always been considered an appropriate function of at his sovereign will and pleasure. In every State consti- executive department, in this and all other governmer tution, the same provision on which the President erects In accordance with this principle, every species of his pretensions to these powers, will be found. They all provide that "the Governor shall see that the laws be faithfully executed." If, in one of the States, the Governor should order the public money to be removed by the State treasurer, it would be acknowledged usurpation. Should he actually remove him from office for it, he would hardly escape an impeachment himself. Yet, under color of this single clause in the constitution of the United States, that "the President shall see that the laws are faithfully executed," the Chief Magistrate has claimed the "Public money is but a species of public property. I power not only to remove every agent whom Congress cannot be raised by taxation or customs, nor brought inte has placed in custody of the money of the nation, but also the Treasury in any other way, except by law; but when to remove the money itself, when and where he pleases. ever or howsoever obtained, its custody always has been Sir, such a paper as this, claiming absolute power, and and always must be, unless the constitution be changed denying to the representatives of the people of England intrusted to the executive department. No officer ca or either House of Parliament, the right to discuss and be created by Congress for the purpose of taking charge decide upon the extent of kingly power for the govern- of it, whose appointment would not, by the constitution ment of their legislative action, would bring the head of at once devolve on the President, and who would not be a British monarch to the block. It remains to be seen responsible to him for the faithful performance of his du whether the milder temperament of the people of our ties. The legislative power may undoubtedly bind him free country will stamp it with the authoritative sanction and the President, by any laws they may think proper to of their verdict against this Senate, at the polls. For one, enact; they may prescribe in what place particular por I will stand or fall on this issue before the people of that tions of the public money shall be kept, and for what State to which and not to Andrew Jackson-I owe alle-reason it shall be removed, as they may direct that sup giance. By their judgment, unawed as they have ever plies for the army or navy shall be kept in particular stores. been, and ever will be, by official patronage and execu-and it will be the duty of the President to see that the law tive power, will I be tried, and by no other. They shall is faithfully executed—yet will the custody remain in the say for me whether this paper, couched in the language executive department of the Government. Were the of a Roman dictator to the Senate, proposing only to Congress to assume, with or without legislative act, the "expose" and degrade it, by compelling it to enter on power of appointing officers, independently of the Presi its own records such claims of absolute power as it con-dent, to take the charge and custody of the public proptains, is, or is not, a breach of the privileges of that body erty contained in the military and naval arsenals, magaon whose preservation their rights, and those of all the zines, and store-houses, it is believed that such an act other small States of this Union, eminently depend. If would be regarded by all as a palpable usurpation of exthis House were now to send to the Representatives a ecutive power, subversive of the form as well as the funbulletin such as this, lecturing them for the passage of damental principles of our Government. But where is their resolutions approbatory of the act of the Executive the difference of principle, whether public property be in continuing the pet State banks as banks of deposite, in the form of arms, munitions of war and supplies, in they would instantly vote such an interference a breach gold and silver or bank notes? None can be perceived of their privileges. Seeing this, the people to whom --none is believed to exist. Congress cannot, therefore, alone I defer on this subject, shall try for me, in the last take out of the hands of the executive department, the resort, the co-ordinate powers and privileges of the two custody of the public property or money, without an asbranches of Congress. But until their verdict be given sumption of executive power, and a subversion of the first on this issue, no judgment will be entered or recorded principles of the constitution.” against the Senate by the votes of their representatives.

Mr. CLAY said it was not at this time his purpose to discuss the supplementary message: he would avail himself of another occasion.

Mr. C. then moved to lay the motion of the Senator from Mississippi upon the table, for the present, in order that the general discussion upon the President's protest might be proceeded with.

Mr. POINDEXTER hoped the resolutions which had been offered would be printed, so that every Senator might have an opportunity of sceing them.

PRESIDENT'S PROTEST.

The Senate proceeded to the special order of the day, being the motion of Mr. POINDEXTER, that the President's protest be not received, as modified by his resolutions. Mr. EWING then addressed the Chair as follows: Mr. President: I am much at a loss in what manner to characterize the paper which is the subject of discussion. When read to us the other day, in the Senate, I pretty well appreciated its character and its purpose. I noted down, too, some of its language; and if the Secretary read it right, and if I heard him right, that which is sent abroad, in the official, as the President's protest, and the forty thousand copies which are published in a pamphlet form and scattered to the four winds, differ, in some mateThis was agreed to, and the resolutions were so offered. rial points, from the one which is before us, and in points Mr. BIBB begged leave to call the attention of the Sen-which were the subject of comment here. In this paper ate, for one moment, to a point of fact. In a discussion the President speaks of the Secrtary of the Treasury as of this kind, a statement of facts was of the utmost impor-his Secretary, in one instance, and, in two others, he

Mr. CALHOUN suggested the propriety of offering the resolutions as a modification of the first motion of the Senator from Mississippi, and the Senate would then be able to proceed with the original debate.

SAPRIL 21, 1834.]

President's Protest.

[SENATE.

fpeaks of the Secretaries generally as his Secretaries; such removal. All admit we were bound to examine and being, in three instances, the possessive pronoun, and thus pronounce upon the sufficiency of those reasons. We rnppropriating those high officers of the law to himself as did so, and found them wanting. But they did not confres sole and exclusive property. That circumstance was tain the whole reason for the act. The President's mesot passed over in silence here: something was said in this sage, a paper which he read to his cabinet, and publishreebate of his Secretaries and his Government, and in the ed in his official Journal, and which was in the hands of rinted pamphlet we find the more modest term, the Sec- every body, and bearing his own signature, showed that fetaries, in two cases out of the three, supplying the it was by virtue of his mandate that the act was done, and er Place of his Secretaries. Such is the fact, if the paper that in truth, there was no discretion exercised by the I was correctly read from your desk. But, since I came Secretary; that no controling reason actuated him, except into the Senate chamber this morning, prepared to discuss the will of the President. Our first resolution, therefore, ethe motion, or rather the paper that is before you, anoth- did not cover the whole case; the act of the Secretary was, nier change has came over the spirit of our dream; a codi- as it stood before the people, sheltered behind another cil, or a supplement, or a gloss, or a recantation, in part, power, the mandate of the President; and it was our right, of this paper, is presented us. On the whole, we do not and I hold it was our duty, to determine whether that reaknow well what it is, or where to find it.

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"It flits ere you can point its place;" but I trust now it will remain without further change, until I can say the few things which I wish to say concerning it.

son, if it be worthy of the name, were sufficient to justify it. In other words, whether, in the exercise of the discretion vested in him by law, the Secretary of the Treasury was bound to conform to the will of the Executive, By what I could gather from the reading of the adden- and yield that discretion to his will? Such are my views of dum, or supplemental paper, I do not think it at all varies that resolution, so far as relates to its quasi legislative the original, unless it be to cover up, and give room to character; for neither of the resolutions are, strictly speakexplain away, some assertions of power too flagrant for ing, legislative acts, but they are required to be passed the present times to bear, and too openly and boldly upon by the provisions of a law which has also the soexpressed, to admit of equivocation or denial. But this lemnity of a compact. The honorable Senator from Alaamendment will do; it gives sea-room; there is space now bama [Mr. KING] said, the other day, that this resolution for turning and tacking, so that there is no danger of proposed no legislation, and that no man, except the Senbd being run down by any one who takes the trouble of pur-ator from New Jersey [Mr. SOUTHARD] would say that he du suing the point. The explanation will set it all right; for meant it as the basis of a legislative act. Now, I cannot it is one of those incomprehensible mysticisms which no one allow that Senator to answer for me on this subject. I to can exactly comprehend, and therefore no one can refute. have my own views upon it, and would prefer expoundBut the original paper-what is it, and by what authori-ing them for myself. I considered those resolutions as ty does the President send it here? It is not a message legislative in their character, and that the very passage of under the constitution, giving the Senate information of them would require of the Secretary of the Treasury to the state of the Union, or recommending any legislation; restore the public funds to their proper and legal deposiAw and it responds to no call of the Senate. We once, by a tory; for, inasmuch as they were placed there by law, tic resolution, asked the President for his argument on the nothing less than the sanction of the law-making power, he subject to which this paper relates. While the resolu- in all its branches, could permanently remove them. letion which is the subject of complaint was pending be- Thus far I considered both the resolutions legislative in fore the Senate, you have not forgotten, sir, that we, by a their character. formal resolution, asked him to send us an authenticated But, to warrant us in their adoption, it is wholly immacopy of the paper which he read to his cabinet, recom- terial whether they were legislative, or whether they mending the removal of the deposites, taking the responsi looked to future legislation, or not. It is a right inherent bility on himself, and giving his reasons for the act-and in all men, and in all bodies, to express their opinions he refused us. But now, when the Senate has passed concerning matters of great import to themselves, and to upon the matter, he sends us this paper, which he calls a the community of which they may form a part, or of which protest, and asks us to enter it upon our Journals. Well, they are the organs. Those opinions may approve, cona protest be it-for, as it is a nondescript, and he is the in- demn, or advise; and this, although there be no constituventor, he has a right to give it what name he pleases. He tional provision securing them that right. The opinion tells us, also, that he has caused it to be entered on the of a single individual may be expressed by his own simple Executive Journal. As to the propriety of this I bave assertion; but that of a numerous body can only be exnothing to say—if the Executive have a Journal, and this pressed in the form of enactment or of resolutions. Look be the kind of matter which is usually inserted there, why at the whole practice of the country upon the subject; be it so. We entered our protest (in the form of a reso- the resolutions of our legislative bodies, not as acts of lelation) against executive usurpation on our Journals, and if gislation; the resolutions of Virginia of 1798; and those the Executive thinks we have usurped any powers belong-resolutions of instruction from various State legislatures ing to him, he certainly should have the right to enter his which the President has imbodied in this very message; protest on his Journal. These seem to be common and none of them warranted by the constitution of the Uniequal rights. But the President goes further; he sends us ted States, or the constitution of any of the States. his protest, and wishes us to give it a place among our rec- what does the President tell us? That a legislature, or a ords a thing which I am by no means inclined to do. legislative branch, may pass no resolutions, except those Had the Senate sent him their resolution, with a request which are to be the basis of legislation, or which the conimilar to this, he would have treated it, without hesita-stitution expressly warrants; and, at the same time, sends tion, as I trust we shall treat this paper, refused it a rest-us transcripts of numerous resolutions, according to his ng place within his doors. And what was the resolution doctrine, so unconstitutionally passed; and, at the same twhich called forth this singular document, and why was it time, indirectly censures some of us because we did not Wesolved on by the Senate? The event is too recent for obey them. But, sir, the right of those legislatures to the state of things under which it took place to be forgot-pass these resolutions was, under the practice of our Government, undoubted; so is our right also, it is admitted, fully admitted, by the Senator from Georgia, [Mr. FORSYTH,] the strongest and most thorough defender of executive claims upon this floor.

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The public deposites had been removed by the President from the Bank of the United States, where the law had placed them, and the Secretary of the Treasury sent to us a report containing, what he called, his reasons for

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But the discussion has again called up certain resolu

SENATE.]

President's Protest.

[APRIL 21, 1834.

tions of the Senate, moved by an honorable Senator from In order to give the semblance of propriety to the emaMississippi, [Mr. POINDEXTER,] which declare that it is nation of this "protest,' the President says: "But inexpedient, except in cases of necessity, to appoint when the Chief Executive is, by one of the most im individuals, resident in one State, to fill offices in another. portant branches of the Government, in its official capaci These resolutions were passed before I had the honor ty, in a public manner, and by its recorded sentence, of a seat on this floor, and they were passed by an al- but without precedent, competent authority, or just most unanimous vote of the Senate, of which a clear ma- cause, declared guilty of a breach of the laws and consti jority were supporters of the present administration; but tution, it is due to his station, to public opinion, and to a they crossed somewhat the purposes of the Executive; proper self-respect, that the officer thus denounced and the Senator from Alabama [Mr. KING] Soon discover- should promptly expose the wrong which had been ed that they were a violation of the constitution; and, done."

though they had his vote on their passage, so strong is Now, I ask you, sir, if the same rule would not, in like that argument in his mind, that he now says no man, di- manner, apply to the Senate, if this body, its motives, vested of passion, can doubt that they are unconstitution- and its acts, were attacked by the President in his official al. Here, again, I must beg the honorable Senator not character, "in a public manner, and by his recorded to decide a constitutional question for me. The fact that sentence, but without precedent, competent authority, or weighs so strongly on his mind to prove it unconstitution- just cause," and "declared guilty of a breach" of s al, namely, that it thwarts executive purpose, has little solemn compact, "and of the constitution?" And such weight with mine; and I, sir, was first called to reflect has been the case within the present session. on that subject in the utmost calmness, and without the At the last session of Congress the two Houses passed least movement of passion. My conclusion was wholly a bill, entitled "An act appropriating for a limited time different from that of the honorable Senator. I thought the proceeds of the sales of the public lands." This bill that he and those who voted with him had not violated was retained by the President, and not returned to the the constitution, or encroached upon any of the execu- House in which it originated within the session. If he tive powers. The resolution did not restrain the Presi- had returned it within ten days without his assent, it was dent in his right of nomination; it merely settled a rule his duty, by the constitution, to accompany it with his by which Senators proposed to be guided, save in reasons for refusing that assent. If he did not return it cases of necessity, in their co-ordinate duty of appoint within ten days, its return, and any message he might rement. Suppose the Senate had passed a resolution, turn with it, were irregular and void as an official act. But, generally, that it was inexpedient to confirm the nomi- on the 5th of December last, he returned us that bill, nation of a convicted felon, or a fugitive from justice, or with a message, in which he says that it is "in direct and a man of base and infamous character, if nominated to undisguised violation of the pledge given by Congress to any honorable or responsible station; would any man the States before a single cession was made;" and, in the have thought that this body was infringing on the just next paragraph, he says: "In the apportionment of the rights of the Executive? And would it not have been remaining seven-eights of the proceeds, this bill, in a just as well to have done so, as it was to reject such nom- manner equally undisguised, violates the conditions on inations when they were sent before us for confirmation. which Congress obtained title to the ceded lands;" and, The resolution referred to was, in fact, respectful to the in another paragraph, he says, in substance, (and in this President: it gave him information of the general views I agree with him,) that "a violation of that pledge is a of the Senate on the subject to which it referred, and violation of the constitution." It would lead me too far was a course far more conciliatory towards him, and more regardful to the character and feelings of a nominee, than the simple rejection, which no man doubts we had a right to make for that cause. The Senator spoke of the repeal of those resolutions. I remember the circum

stances well.

out of the course of my argument to show, what I am at any time prepared to show, that these charges against us were utterly unfounded. But where was our spirit, Senators, when we not only received and recorded this illegal paper, this gratuitous insult upon our body, but made ourselves the vehicle for spreading it abroad On the last night of the session, at about 3 o'clock in among the States and the people? Sir, your Journal will the night, after nearly half the Senators had retired, ex-show that, on motion, I think of a Senator from Alabama, hausted and overcome with fatigue and watching, the five thousand copies were printed, by our order, for dismotion to rescind this resolution was brought forward tribution. If we are chargeable with any departure from and carried by, I think, sixteen to fourteen votes. So duty, it has been for tameness and submission. As a the resolution was thus rescinded, and its recision, un- body, this Senate is “more sinned against than sinning." der these circumstances, is produced as evidence of the But it is insinuated, though not expressly averred, that opinion of the Senate that it was unconstitutional. One because the Senate are the triers of impeachments, they word more, in reply to the Senator from Alabama. He may not pass any resolutions which directly or indirectsaid, in answer to some remark of the Senator from ly inculpate an officer subject to impeachment. I say Maine, near me, [Mr. SPRAGUE,] that that gentleman this doctrine is not distinctly asserted, but the course and was not very obedient to any body; and this, in allusion, purport of the argument go to this point. as I understood him, to the instructions sent to that Sen- Now, I had supposed, and indeed had believed, that ator from the legislature of Maine; and it was spoken in no one doubted, or could doubt, the position that the ju a tone of reproach or accusation. I stand, sir, in precise- dicial power of the Senate was cumulative and not rely the same predicament, and am willing to believe a strictive on its other powers; that its power, as a legislashare of the reproof was intended for myself. But what tive body, is, in all things, as full and perfect as it would is the accusation thus made on this floor against us? We be, if it possessed no other powers. So, also, with its are sworn to support the constitution of the United executive functions; and so with its judicial; that in eacl States, and we are charged with disobeying instruc- and all its respective duties, it is as unrestrained and effi tions, which require us to support acts in violation of cient as if it were confined and limited to the perform that constitution. On subjects of this kind, when I am ance of that single duty alone. Such must necessarily bound to the performance of my duty by the solemni- be the case, unless its powers be somewhere restrained ties of an official oath, the Senator from Alabama will in these respects by the constitution; and I find no such excuse me, if I am not very ready to obey those who restriction. The only limitation to its powers, as a branch, have no right to command, but who do command me to of the legislature, is, that it may not originate revenue disregard and to violate that oath. bills. And it cannot exercise its judicial power of trying

83 APRIL 21, 1834.]

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an impeachment, until articles be preferred by the House. ing it to the Legislative department of the Government, B But in no respect is it deprived of its natural and inhe- to which it is granted in express terms, they assert it to in rent rights, as a deliberative assembly, of collecting and belong to the Executive, to which it is no where grantexpressing the aggregate of the opinion of its members ed. This is a course of reasoning which, I confess, I do by resolution, or of the right to speak, in its quasi legis- not well comprehend; but I will leave it, and pass for a lative character, by resolutions, as in the case of the moment to the practical operation of this power in the two resolutions passed on the subject of the deposites. hands which at present wield it. It is not true that the President has been tried by the And here I wish to bring some of his opinions in as Senate in their capacity of a high court of impeachment; close connexion as possible with much of his practice, it is not true that criminal charges have been by us pre- that we may see how far he has observed the golden ferred against him. I will not say that there was not rule, "Do unto others as you would they should do crime in the acts which he admits he has done, and unto you." Speaking of the censure cast, or alleged which we say were against the constitution and the law, to be cast upon him, by the resolution of the Senate, but we have not accused him of crime, nor have we he says: "And it is not too much to say of the whole of thought proper to acquit him. We have done neither; these proceedings, that if they shall be approved and for the plain reason that we have not passed judgment sustained by an intelligent people, then will that great upon him. Nor is it true that in the species of inquiry contest with arbitrary power, which had established in which we did institute, as to the legality of the act-in our statutes, in bills of rights, in sacred charters, and in coninquiry into the law and the constitution on the admitted stitutions of government, the right of every citizen to a facts-it is not true that he had no notice of the inquiry, notice before trial, to a hearing before conviction, and to and no opportunity to be heard. His Secretary of the an impartial tribunal for deciding on the charge, have Treasury, (and in this particular instance he is, perhaps, been waged in vain.” right in calling him his, for the Senate had neither Recollect, it is not an accusation in point of law, where part nor lot in his appointment)-his Secretary of the judgment follows conviction, of which he speaks; but it Treasury sent us, at an early day in the session, his rea- is a solemn opinion of the Senate as to an executive act, sons for the act which cur resolutions disapprove. and it is the moral influence of that opinion of which he At a subsequent day a further document was sent to, speaks, and which he deprecates in such solemn terms. and received by us, from the same quarter, containing But how has it been with the hundreds and thousands further reasons for the same act, and an official answer whom he has dismissed from office without accusation, to arguments delivered by Senators on this floor. Not without a hearing, without even the shadow of a charge; satisfied yet with the opportunity which we had given the dismissed them to want and beggary; their hopes blastExecutive to be heard, we called upon him by a reso-ed, and their characters assailed, by his vile "official," lution of the Senate, for an authentic copy of a certain and its still viler echoes? Did he duly appreciate the other paper which he had read to his cabinet, and which moral effect of an official judgment upon them, which he was published in his official gazette, giving more especi- he now feels, or professes to feel so deeply, when it

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ally his individual reasons for the act, and taking upon touches his own person? Other and better men, in other himself its whole responsibility. This he denied us. Now, and more quiet times, have thought of this, in reference who can say, after all this, that the President was tried to this very subject of removal. I read from the speech and condemned unheard? For, as it is the moral effect of Mr. Page, of Virginia, (the same, I believe, whose of the decision of the Senate he deprecates, it is only the name honors one of the new counties in that State,) demoral and rational privilege of notice and defence that he livered in the House of Representatives in 1789, on a can ask for, or could claim-such as consists with his own clause in the bill creating the Department of Foreign dignity and that of this body, and with the nature and Affairs, which recognised the power of removal in the character of the inquiry that was before us.

President.

But the writer of the protest mistakes or misstates the "I venture to assert," said Mr. Page, "that this point on which we held the act of the President uncon-clause of the bill contains in it the seeds of royal prerogastitutional and illegal. The Senate did not deny his tive. If gentlemen lay such stress on the energy of Govpower to remove the Secretary of the Treasury; no one ernment, I beg them to consider how far this doctrine Senator denied it in argument; but we did deny his con- may go. Every thing which has been said in favor of stitutional power to touch the public treasure by means energy in the Executive, may go to the destruction of of that power of removal. The weapon which he wield- freedom, and establish despotism. The very energy so ed was, we admitted, a lawful weapon; but the use he much talked of has led many patriots to the Bastile, to made of it was, as we contended, unlawful. This was the block, and to the halter. If the Chief Magistrate

the argument; this the distinction; intelligible, it would can take a man away from the head of a department Reem, to any ordinary intellect. No member of this Sen-without assigning any reason, he may as well be invested ate can fail to comprehend it. But we did also deny that with power, on certain occasions, to take away his exthe power of removal was an independent power granted istence. But will you contend that this idea is consoto the President by the constitution. We held it to be a nant with the principles of a free government, where no power which was necessary to carry into effect other man ought to be condemned unheard, nor until after a powers granted by the constitution; and, being so, was solemn conviction of guilt, on a fair and impartial trial?" properly at the disposal of Congress, under the eighth Such was the opinion of an honest and intelligent man, section of the first article of that instrument, and that the more than forty years ago, on the subject of removal act of 1789 vested it in the President. But the Presi- without cause, without accusation, and without a hearlent, claiming it as an implied power arising out of the ing. If these things had been done towards the Presi Constitution, asserts his right to exercise it, for any and dent, which he avers, but which in fact have not been for every purpose, independent of legislative authority. done; if he had been tried by the Senate in this matter, d where, I ask, is his warrant? Senators here con- and condemned unheard; and if all the moral consequennd for a strict construction of all the powers granted by ces of an actual conviction were to follow, it were only e constitution to this Federal Government, and yet con-teaching him to feel what he has made a thousand others nd, also, for a liberal construction of the powers of the feel as keenly; it were, indeed, a simple act of retribuxecutive; and that he should have, by implication, with- tive justice. But, in truth, the complaint is without a But a grant in the constitution, all the powers necessary shadow of foundation. The Senate has not tried, nor o carry into effect his expressly granted powers. Deny-convicted him; and, in our proceedings and judgment

VOL. X-89

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