SENATE.]

President's Protest.

[APRIL 25, 1834.

a suit against the President of the United States, for ille-ments have pursued those ministers who so advised and gal mandates or instructions! The illegal act is committed acted. These are the maxims of the British monarchy. in Maine, or Massachusetts, or in Louisiana, and the Pres- As to the general bills of 1789, establishing the three ident is to be indicted or sued, where, when, and by departments, I have before given the history of the stri whom? Is the President to go to this mountain of respon- king out so much of the title from the Treasury bill as sibility, or is the mountain to come to the President? Put called it an executive department, and remarked upon the this mountain in labor as you may, and it will bring forth difference in the enactments, in the Foreign Affairs and nothing but a ridiculous mouse. War Department, from the Treasury Department. The No, Mr. President, such is not the theory of our Gov- President has alluded to the debate. That debate was ernment. Each officer is answerable for his own acts of upon the Department of Foreign Affairs. That the result commission or omission; the President is answerable only of that debate, connected with the body of the enaction for his own acts of commission or omission. Each officer as finally agreed to, do prove the opinion of the Conswears for himself, judges for himself, is responsible for gress, that the power of removal was vested in the Presihimself to the public and to the individual aggrieved. dent by the constitution, I am willing to admit. I have The constitution provides that the "President, Vice Pres- before so expressed my opinion of the constitution. But ident, and all civil officers of the United States, shall be the President's inferences are, that the power is “unremoved from office on impeachment for and conviction qualified;" and that the debate and the result prove the of treason, bribery, or other high crimes and misdemean- Treasury to be an executive department of the political ors." The courts of justice hold each officer responsible power vested in the President by the constitution. That for his crimes or trespasses or other injuries to society or to the power of removal was argued as "unqualified," does individuals. Whether the illegal act has been done ma- not appear; on the contrary, Mr. Madison expressly arliciously or corruptly, is a question upon criminal process; gued thus: "The danger then consists merely in this: the but mistake does not exempt him from responsibility upon President can displace from office a man whose merits recivil process. The courts of justice cannot receive from quire that he should be continued in it. What are the an officer as excuse for breach of law or neglect of duty, motives which the President can feel for such abuse of his that the President had so ordered: and I trust this Senate power, and the restraints that operate to prevent it? In has never advised or consented to the appointment of an the first place, he will be impeachable, by this House, beattorney general, or district attorney, who would advise fore the Senate, for such an act of mal-administration; for that an officer was exempt from prosecution, criminal or 1 contend, that the wanton removal of meritorious officers civil, for an illegal act, upon the mere pretext of a com- would subject him to impeachment and removal from his mand or instruction of the President. own high trust." Others argued in favor of the power of In making claim to the unqualified power of removal, removal, as necessary to the public good, in cases of negand the control over all executive officers, the President lect, infidelity, loss of character, suspicions of intention has alluded to the former power of the King to remove to betray the public trust, as well as for those crimes and the judges, and to the act of Congress of 1789, establish- misdemeanors to be reached by impeachment, but which ing the three departments of Foreign Affairs, War, and latter proceeding might be too tardy to prevent the misTreasury, and to the solemn debate on the bill for estab-chief intended to be defeated by removal. The debate lishing the Department of Foreign Affairs. does not contend for an unqualified power, an arbitrary

It is true that the King of England formerly had the despotic will, but for a qualified power, connected with power of appointing, paying, and removing the judges at the public good.

his will. Under this prerogative, he did claim the power I find that the causes of removal recognised in England of directing and controlling the judges in the performance by usage or by statute, are incapacity by age or sickness, of their offices. Under this power, the King did appoint or by engagement in other business; want of sufficient espliant judges, whose opinions he controlled. He sold de- tate in the country, or living in an inconvenient part of it, cisions in private controversies: he commanded the judges or extortion, or neglect, or misbehaviour. The power to decide in favor of one party, and it was done: he com- now claimed and exercised over Mr. Duane, exceeds the manded them not to give judgment, and the judgment prerogative claimed in the hereditary monarchy of Engwas delayed, denied, and deferred, at the will of the land. The odious abuses of the power of removal abolKing: he convicted and attainted subjects of treason, and ished by magna charta in England, and fenced against by plundered their estates: he despoiled corporations of their the constitution of the United States, are here revived chartered rights and privileges at his will, and by the over all officers whose tenure is not during good behaforced judgments of his judges. But these proceedings viour. The power is asserted, not for the purpose of genwere considered by the nation as enormous abuses of pre-eral supervision, and ensuring diligence, fidelity, and carogative, and produced those famous provisions in the pacity, but for control over their consciences and conduct magna charta of English liberty: "Nulli vendemus, nulli and judgment; for the very control which was used to negabimus aut differemus justiam aut rectum." We shall sell, delay, and hinder justice and right, and for despoilsell to no man, we shall deny to no man, we shall defer to ing corporations and individuals of their franchise and no man, justice or right. And this power of paying and estates. removing the judges at pleasure, was finally taken from The provisions of the statutes as to the two Departthe King by act of Parliament. The nation did consider, ments of Foreign Affairs and of War, expressly subjected and yet considers, that the interference with the officers the Secretaries to the directions of the President, with in the discharge of their duties, for the purpose of con- the qualification that they were "agreeable to the constitrolling by the power of appointment and removal, is a tution;" plainly imposing upon these officers the duties stretch of prerogative danderous and alarming to the lib-not to obey blindly and passively. These departments erties of the people. It is a maxim, that the King's pre-related to the execution of political powers vested in the rogative extends not to do any injury; it is given for the President by the constitution, such as sending and receivbenefit of the people, and, therefore, cannot be exerted ing ambassadors, ministers, and consuls, making treaties, for their prejudice; it stretcheth not to the doing of any &c., and as comander-in-chief of the army and navy. But, wrong." The King's prerogative is far from being an un- as to the Treasury, the title of executive department was qualified power. It is the discretionary power of acting not retained, and the officers were not subjected, in any for the public good where the positive laws are silent; if part of their duties, to the orders or directions of the it is abused to the public detriment, "such prerogative is President. Why this marked distinction in the enaction! exerted in an unconstitutional manner"-and impeach- Because the control of the Treasury was, by the constitu

tion, committed to the Congress, not to the President; and neither the constitution nor the Congress intended to unite the power over the army and the navy with the power over the Treasury.

[SENATE.

"against all their enemies and opposers whatsoever." The officers of the army and navy understand that the order of the President of the United States cannot protect them from their responsibility to the constitution and But the President alludes to his oath of office. All the laws; every civil officer knows that his oath and his bond other officers are sworn to discharge the duties of their are not to be satisfied with an order from the President. respective offices-to discharge faithfully the trusts com- A Roman emperor wished the necks of all the citizens mitted to them; also to support the constitution. There of Rome united in one, that he might strike off their is a difference in the form of the President's oath, which heads at a blow. The President has united in one, the is appropriate to the difference in the nature and duties of necks of all the holders of offices and places by his apthe trusts confided. pointment, either immediately or mediately, throughout the whole Government, from the highest to the lowest, (except the judges and those appointed by them,) not indeed for the blood-thirsty purpose of striking off their heads, but, that they shall live, and move, and have their being in his will, and subserve his purposes. This is against the genius and frame of our constitution.

The liberties of the people have been assailed in other countries and in other times, by the person at the head of the Executive power, commanding the armies, and distributing honors and emoluments. The President was intrusted with these more forcible means, which might be perverted to break and overturn the constitution; therefore, his oath was more specific, to remind him of his duty to support, protect, and defend it. So is the duty of us all.

One of the great securities for liberty consists in the division of the powers of government, in distributing them to different departments, and to plurality of persons in Does the President mean that this oath of office en- the same department. Thus safety in Legislation is conlarges his powers?-that his oath invests him with the sulted by having many Senators and many Representapower to make other men break their oaths? This oath tives. Safety in the Judicial department is consulted to preserve, protect, and defend the constitution, to the by having a plurality of judges. The errors, defibest of his ability," as well as the injunction to "take ciencies, mistakes, prejudices, or partialities of one, may care that the laws be faithfully executed," do not con- be supplied, corrected, countervailed, and checked, by tain any grant of new powers; they cannot give him the assistance of his fellows. So the safety in the Execpower to override the constitution and the laws, and to utive department, consists in distributing the powers into be the only interpreter of both. The oath and injunc- numerous compartments, assigning portions to each, so tion are intended to bind him to a great principle of free- that no one shall exercise a dangerous power, subjecting dom, established even in limited monarchies: "The laws each officer, by oath and by duty, to a personal responought to prevail above the commands of men.' "Rex sibility, and to the law; whereby a government of laws debet esse sub lege el servare leges." The king ought is created, and not a government at the will of one man. to be subject to the law, be a servant of the law, and execute the law.

or a Samuel, or a Washington, would do; but they looked back to history, to what men had done, to the claims of power and prerogative which they had resisted by the war of the Revolution, and intended to secure against that which may come into the fancy of a furious, or wicked, or ambitious man, who might attempt to usurp a supreme power.

An elective monarchy was not the government our forefathers fought for and established. They intended But if this doctrine prevails, that the President has a to establish a free representative republic, with checks legal ubiquity; that all officers are but his instruments; and balances, to prevent the encroachments of arbitrary that he is present and represented in the person of every power. They did not rely upon the judgment, prudence, officer not holding during good behaviour or appointed and goodness of one man to preserve, protect, and defend by him directly or by the heads of departments or their constitution and their liberties. The best and the others; and that he has a right to command them to do wisest often err, the perverse and foolish always. They this or not do that; then indeed he has a most fearful did not, in framing the constitution, trust to what a Moses, power. The laws act or cease to act as he wills; the decision of courts stands still if he so wills. The army and navy, the more numerous array of civil officers, agents, and contractors, registered in the Blue Book, with others whose names are not there, not forgetting governors and judges of Territories, and justices of the peace, all, all are to move at the will of one man. He makes and unmakes at his pleasure: "This is my will and that Whence did the writers of this protest derive their is your duty-I take the responsibility--obey me, or 1 notions of unqualified power, of responsibility of officers dismiss you, and supply your place by one whose opinions to the President, of his responsibility for them, and his are well known to me." Can it be true? Does any free custody of public property and money, as "an approman believe it to be true, that all officers subject to the priate function of the Executive department in this and power of removal, are also subject to the order and di- in all other governments?" Not from elementary treatises rection of the President in the exercise of the duties and upon free governments and civil liberty. Not from the trusts which their offices impose, and which they are pure fountains of American constitutions. Not from the bound by oath to execute faithfully? Is the President writings and speeches of the patriots and sages who have the sole interpreter of the constitution and laws for them? been distinguished in the United States in settling the Are they but his "mere instruments" and "agents" of foundations of the State and Federal Governments. The his own choice, to aid him? This prerogative power far custody of the public property and money has always exceeds any possessed by the King of England: for been considered an appropriate function of the Executive there it is an established maxim "that no man shall dare department in this and all other governments." What a assist the crown in contradiction to the laws of the land." reckless assertion! If they had looked into the American The sacred majesty of royalty itself cannot absolve the constitutions, they would have seen that the State treasofficer from his oath and his responsibility to the laws. urers are elected by the State Legislatures, and are indeOur officers are officers of the law, not of the President; pendent of the control of the governors. In the number our government is a government of laws, not a govern- of the States so electing their treasurer, they would ment at the will of one man. Our officers of the army, have found the examples of the good old thirteen down to the non-commissioned and even the private sol- States who achieved the Revolution and established diers, are required by law to take an oath to support the the constitution of the United States, as also many of constitution of the United States; to bear true allegiance the States who have since been admitted into the Union. to the United States; to serve them faithfully and honestly They might have learned from the speeches and writings

SENATE.]

President's Protest.

[APRIL 25, 1834.

of the wise and virtuous of ancient and modern times, tried public services recommended him to the confidence that no government is well constituted "unless the laws of the President and of the public. The Secretary of the prevail above the commands of men;" that they are ac- Treasury, Mr. Taney, I have long known as holding rank counted but little better than brutes who do not prefer a among the foremost of the profession of the law in Iris nagovernment of laws before the fluctuating, irregular will tive State. I esteemed him for his virtues. He came into the public councils with a reputation for talents and

of one man.

They must have studied the dark ages of high-toned integrity fairly earned and richly deserved, as I believe. prerogative, of non-resistance, and passive obedience, With the Secretary of War, Mr. Cass, I became acquaintand become infected with the divine right of kings, and ed in 1807: I then esteemed him for his social qualities, enamored of the writings of Fillmer and such like. The and admired his talents as of a high order: I have never President who can assert, before the Senate and the ceased to esteem him, from my first acquaintance to this people, such claims to the custody and management of the public property and money, coupled with such claims to obedience from the civil officers, must be ill advised, or so intoxicated with adulation and love of power as to have overlooked the elementary principles of civil liberty and the spirit of the people. When I examined the protest and the doctrines asserted, I was startled and amazed at their extravagance.

day: his acquirements and the qualities of his heart and his head have risen in my esteem. Of the Secretary of the Navy, I need only say he was of the Senate; his capacity and fitness for the office met my hearty advice and consent. Of the Postmaster General, Mr. Barry, I can speak from an intimate acquaintance of thirty years. Many honors had been conferred upon him by the people, by the Legislature, and by the Executive of Kentucky. By When the excitement of the times shall have subsided; the people he was elected, repeatedly, a representative when the finger of history shall point to this protest, and in the State Legislature, Lieutenant Governor, and Repan impartial, enlightened posterity shall judge it, the doc-resentative in the Congress. By the Legislature he was trines it contains will be stamped with reprobation. I elected a member of this body. By the Governor of Kenhave confidence in the people of the present day, that tucky, with the advice of the Senate, he was appointed they will not prove themselves to be degenerate sons of first a judge of the general court, then the Secretary of a free and spirited ancestry; that they will preserve the State, and afterwards a judge of the supreme court. He inheritance of constitutional liberty, and transmit it, un-was appointed by Governor Shelby one of his aids, and impaired, to their children. was by his side at the memorable battle of the Thames. I feel no pleasure in dissecting this protest. I gave to Through all these successive employments he has passed General Jackson a zealous and an early and continued with reputation. He has risen by the rich powers of his support, against fearful odds in the circle in which I mind and the qualities of his heart. In the proud conmoved. I sincerely desired, that to the military wreath flicts of intellect with intellect-in the sharpest contests which adorned his brow, a civic garland might be super-for the powers and influences of the State Governmentadded. He has done much service to the state in time he maintained a lofty and honorable bearing. So he came of need. I desire that his hoary head and tottering frame, into his present official station. If he appears now under to which he has alluded, may go down to the grave in a cloud, that cloud has been thrown over him by the peace. But I am not content, as a tribute of gratitude to workings of an interior, invisible, irresponsible cabal, his military services, that he shall be master over the con- who, taking advantage of his unsuspecting nature and the stitution and liberties of his country. I pray that no storm goodness of his heart, (for he cannot find it in his heart to may come to teach him a lesson by its terrors and distrac- will an injury to any human being,) have thrown a retions. I pray that he may learn from his calm and sincere sponsibility upon him for that which they themselves confriends, before it is too late to profit by the knowledge, trived. But my confidence in him induces a belief that that there is on ever-during difference between the firm he will emerge from the cloud and shine again by the friends to the constitution as well as to his personal fame, light of his own proper virtue and intellect. and the slippery sycophants of a court.

Of the Attorney General, Mr. Butler, I can only say But the protest says the Secretary of the Treasury is that he came here preceded by a good report of his qual"the mere instrument of the Chief Magistrate in the exe-ifications for the office. cution of the laws, subject, like all other heads of depart- The estimation which these men had acquired in their ments, to his supervision and control. No such idea as country, the good opinion and confidence of their fellowan officer of the Congress can be found in the constitu- citizens, acquired by the general tenor of their actions, tion, or appears to have suggested itself to those who or-appear to me to be no mean pledges to the public that ganized the Government."" "No joint power of appoint- they would not betray the trusts committed to them in ment is given to the two Houses of Congress; nor is there the high offices which they now hold. any accountability to them as one body." Here the Pres- I do not, therefore, suffer myself to believe that a counident seems to consider that responsibility follows the cil composed of these men, if left free to consult their power of appointment, as the shadow does the substance. own reason and judgments, could have consented to such And because there is no such idea as an officer of the doctrines as are set forth in the protest, or advised the Congress, and no appointments by the Congress, as one President that such prerogatives belonged to him by the body, therefore there is no accountability to Congress. constitution and the laws. In tenderness to the PresiNow the idea of an officer of the President, the mere in-dent, I must believe that, if left to himself alone, or to the strument of the Chief Magistrate, is not to be found in the advice of these heads of departments in council, according constitution; nor in the suggestions of those "who organ-to the usage established by his predecessors, he would not ized the Government." They are all officers of the Uni- have asserted such arbitrary doctrines as consonant with ted States, officers of the Government, officers of the law, the spirit or the letter of our happy constitution. I am responsible to the Government and the laws. And if the compelled, then, to ascribe these doctrines, not to the President makes out their responsibility to him, as he has visible, responsible cabinet, but to the workings of an irreclaimed it, he must make out that he is the Government, sponsible, interior, back stairs influence, called, in courts, the law, and the prophet. cabinet double. Wheresoever and whensoever such an Who advised the President to this protest? I cannot interior double cabinet shall prevail, selfish, cunning men believe it to have received the advice and countenance of will creep in: the affairs of the Government will be cona council of the heads of departments. The Secretary of ducted on the plan of court favoritism, for the benefit of State, Mr. McLane, has a high and honorable reputation the receivers of salaries, jobs, and contracts, and not upon for talents, integrity, diligence, and firmness. His well-any great principles of policy to advance the general pros

1

APRIL 25, 1834.]

President's Protest.

[SENATE.

perity of the people. The partialities and prejudices, the ident.) As tribune, he could suspend all proceedings of policies and intrigues, of the back stairs influence of the the Senate, (so can the President, by his veto, suspend interior irresponsible cabal, will produce the most incon-legislation not suited to his will.) As censor, he was the sistent measures and principles. The double cabinets in fountain of honor-could promote or degrade, (so can the England have produced fickle, fluctuating councils and President, by the power of appointment and removal.) orders, to the disgrace of the administration at home and As imperator, he commanded the forces by sea and land, abroad. Such results must always happen from like (so does the President, and he commands the treasury causes. The cabinet who stand responsible in the eyes and an army of civil officers and receivers from the treasof the people, must break up the influence of the irre-ury.) The republic retained its forms; there were meetsponsible corps, or come out from the administration, or ings of the senate and assemblies of the people; laws were be disgraced. If they remain, and consent to serve their enacted, and elections made; affairs proceeded as usual, inferiors, then they will be in the awkward predicament in the name of the proper authorities-the consul, the of standing god-fathers for odious measures, and of ad- censor, the augur, the tribune of the people; but he himvising the President to principles in office to which he self acted in all these capacicties, dictated every resoluwas opposed before he came into office, or as serving, tion in the senate, and pointed out every candidate who after the loss of influence, for the gross emoluments of was to succeed in the pretended election. To constitute servitude. a despotic power, it was not necessary to introduce any The powers and prerogatives claimed by the protest, new forms of office, nor to assume the name of dictator. united to those powers delegated by the constitution to The union of the offices of consul, tribune, censor, and the President, will leave us the substance of an absolute head of the army and navy, was sufficient." monarchy, disguised by the forms of a commonwealth. Octavius, surnamed Augustus, most reluctantly would A writer, deeply read in ancient and modern history, who accept the power of dictatorship, (so is the modesty of had studied the liberties of Switzerland, and of England, all ambition in its first shoots,) for ten years only; but, examined the foundations of civil liberty, and traced the by successive elections, retained it during his life. His causes of the decline and downfall of Roman liberty, has successor retained the power, without the formality of the given us the definition of a monarchy, and the necessary decennial elections. Precedent never fails to transmit to elements for the protection of the public liberty. He the successor the power by a surer title. And an effort says: "The odvious definition of a monarchy, seems to be is now making, by the force of Executive influence, to that of a state in which a single person, by whatever name appoint the candidate who is to succeed to the office of he may be distinguished, is intrusted with the execution President.

of the laws, the management of the revenue, and the com- By a letter from a friend who was at the convention in mand of the army. But, unless public liberty is protect- one of the States, and who vouches the truth of the stateed by intrepid and vigilant guardians, the authority of soment enclosed, an instructive lesson is taught, in characters formidable a magistrate will soon degenerate into des- too legible to be overlooked, that the patronage of Govpotism." ernment is brought into conflict with the freedom of elecAnd what have we come to in these days? A single tions. This convention was for the purpose of concerting person, intrusted with the execution of the laws, with the means for unity of action as to the next Presidency and command of the army and the navy, has laid claim to the Vice Presidency. custody and management of the public revenue and public The members of this convention consisted of 177 perproperty. He now manages the public treasury, which sons, of whom 106 were Federal and State office-holders, is continually replenishing under a permanent enactment and only 71 not holding office. This convention appointof taxes, by a system of his own; by the power of his ed committees of correspondence in nineteen congresveto; the voice of two-thirds of each House of Congress sional districts: of these committee men, amounting in all is necessary to repeal the taxes or take the custody and to fifty-two, thirty were office-holders, and only twentymanagement out of his hands, or to enact any system two holding no office. Of the thirty-six, sixteen were against his will. Add to this the doctrine that his power quartered upon the Government of the United States, the of control, by means of appointments and removals, is un- other fourteen, State officers. A State central commitqualified, that civil officers and all receivers from the tee was appointed for managing the affairs of the election, public treasury by salaries, jobs, and contracts, amount-consisting of nine members, seven were office-holders and ing to a very large number, are given to understand, by only two private citizens; and of the seven, five were the practice, that they are required to move in concert officers of the United States. Thus, throughout the with the plans of the court party, and we may truly say, whole machinery, the holders of offices and jobs were the that intrepid and vigilant guardians are necessary to pro- majority; and in or for the governing power of the systect the public liberty from the authority of a magistrate tem organized by the convention to operate upon elecso formidable. I thank my stars, that cast my destinies tions, the majority is composed of officers of the United in a land of liberty, that I am as yet free to raise my voice States. This is but a branch of the general system of the against the insidious sappers and miners of the foundations ruling dynasty, which is to be generally diffused through of free government; that I have compeers more power- the United States, to appoint the successor to the Presiful in argument and not less resolute in opposing those dency, and perpetuate the places and interests of the assaults upon the constitution. The great interests of the office-holders and receivers from the public revenues: to country have been deeply affected, disordered, and bro-point out (as Augustus did) every candidate who is to ken in upon by the mere act of the Executive. The mul- succeed in the pretended elections: to receive the voice titudes of sufferers, writhing under the tortures thus in- of public sentiment, as manufactured in the interior cabiflicted, attest this representation by their memorials day net in Washington, and return it in echo. after day presented to the Congress. And, as yet, I see Such a system, in the hands of men holding office at no remedy. The withering influence of the Executive the will of one man, who claims an unqualified power of power is still exerted. removal, is in conflict with the freedom of elections, cor

It is not necessary to a despotic power, that the old rupting to the morals of the people, and dangerous to the forms of a free government should be demolished. Ano-existence of free government. Elections will be made to ther writer, of great learning and research into history, turn upon the question of support to the administration The administration candihas given us an account of the Roman empire, after Au- of the Federal Government. gustus had established in himself a despotic power. "As dates will be put up and supported by the office-holders consul, he was first executive magistrate, (so is the Pres- land the patronage of the Government-members will be

SENATE.]

President's Protest.

[APRIL 25, 1834.

elected who are to be pledged or averred to be pledged for the resolve of the Senate, I did not mean to impute in advance, to support all measures of the President, what was not charged, either the light and knowledge or known and unknown, proposed or to be proposed, (like the corrupt motive. I can sincerely say, "Lord forgive those who swore to et ceteras,) whereby those who are him, he knew not what he did." Even towards the inthe natural checks upon the power of the Executive do terior invisible cabinet, who advised and brought about but swell the train of his retainers. Have we not seen, the measure, I am charitably disposed to think, they did in the elections to the Legislature of an adjoining State, not foresee the extent of the mischiefs necessarily to administration candidates backed by the patronage and flow from their counsels and machinations. The agent influence of the Federal administration? looking to the selected by the President to confer with State banks, election of a Senator of the United States to support the says in his correspondence, and the President repeats in administration, rather than to the great interests of the his manifesto, that the funds of the Government will not State and State legislation? Have we not seen many other be annihilated by being transferred. They will immedi examples in the States of like character? It will require ately be issued for the benefit of trade, and if the Bank of time to corrupt the great body of the people. But this the United States curtails its loans, the State banks, deadly poison to our institutions will, in process of time, strengthened by the public deposites, will extend theirs; be circulated through the whole system, unless the people what comes in through one bank will go out through apply the antidote. The people of Ohio have manifested others, and the equilibrium will be preserved. The Presa movement to oppose the system of the office-holders, ident verily believes the bank has not the power to proand to assert their just rights and proper weights in elec-duce the calamities its friends threaten. But now, alas! tions. It is devoutly to be wished that they will counter- when the calamities have visited the great interests of the act the movements of the self-created guardians of their people, we are told the bank has produced them. How suffrages, and that resistance to arrogant assumptions grievous to the community, that the President did not elsewhere will be successful. listen to the counsels of Mr. Duane, the Secretary of the

The President has been made to say, that the resolu- Treasury, and such like "friends of the bank," rather tion of the Senate is a judicial proceeding, an impeach-than to the deceitful nostrums of mountebanks, and the ment; that he has been accused and found guilty, and whisperings of tinkers and pedlers in politics, dealing in convicted by less than two-thirds of the members present, court favor, and in slanders upon the Senate and House and without a hearing. I regret that the President of of Representatives.

the United States, occupying such an elevated position, How unfortunate that the President, before he conshould have put his name to such a paper. The Senate demned the directors and inflicted the punishment on the have done no act which bears the form of a judicial pro- bank, was not reminded of the golden rule, "Hear the ceeding; no judgment of conviction, no award of punish- accused before you punish," now so eloquently pleaded ment, no disability, is declared or adjudged or ordered. in his behalf. The Senate have not passed their resolve The President has labored to prove that the resolution touching the conduct of the President, without hearing convicts him of an impeachable offence, because it does him. We proceeded upon his own statements, his own not expressly acquit him of impure motives. The res-acts, his own words, his own communications, and upon olution of the Senate does not charge any traitorous the arguments of his own attorney, "his instrument," as design, or corrupt motives. And if the President, who he calls him; and if he has been convicted of error, out best knows his own motives, chooses to connect with the of his own mouth is he convicted. We have proceeded transaction, impure motives, as impelling him to those upon undisputed facts, not collected from secret informacts, I reply, "Qui capit ille facit." He who takes the im-ers, but proclaimed by himself, notorious to the millions putation, makes it. The resolution of the Senate has not suffering under the effects of his misguided policy. The made it. In treason, the traitorous design must be charged facts are matters of indelible history, the deduction and as well as the overt act. In high crimes, the corrupt mo- conclusions of the Senate from those facts are before the tive, the malice premeditated, must be charged: in mis-public; the censure and the praise will be bestowed demeanors in office, the mala fides must be alleged. An where it is due, by the intelligence of the public, now and accusation not founded on such allegations would be in-hereafter.

sufficient. No judgment of conviction, based upon an ac- But the protest rebukes the Senate as having overcusation void of such averments, ought to be pronounced, leaped the boundaries assigned to them by the constituand no punishment would be inflicted in a judicial pro- tion. It is said they did not act in their judicial characceeding. Judges Chase and Peck were acquitted by ter, as a court of impeachment, nor by any executive the high court for the trial of impeachments, because the powers conferred on the Senate; that the resolution ascorrupt motive was not fixed upon the accused. Judge serts no legislative action, possesses neither the form nor Peck had, under color of his office, imprisoned a citizen, attributes of a legislative measure, but is a prejudgment and suspended him from his rights and privileges and of an impeachable offence and a disqualification of the business, as an attorney of the court. These high-handed, Senators to try an impeachment if preferred by the House arbitrary acts of the judge were without authority of law. of Representatives for the same matters. That the SenYet he was voted not guilty of a crime or misdemeanor in ate, in passing the resolve, did not act as a court of office, because the wicked and corrupt motive was not impeachment, that it possesses neither "the form nor fixed upon him. I was not a member of the court of im- any of the attributes" of the process of a court of impeachment, because I was absent by sickness until part peachment, I readily grant; but that it asserts no legisof the evidence had been given. But I was informed lative power, or has no view to legislative result, I utby my honorable friend from Tennessee, [Mr. WHITE,] terly deny. Moreover, I utterly deny that the powers and by others, that they did not accord to the judge the of the Senate are circumscribed and limited to the crippowers and doctrines of contempt which he had assum- pled, impotent mode of action supposed in the protest. ed, but they voted him not guilty of the impeachment, If the whole body cannot express an opinion upon the because they were satisfied the judge really believed he conduct of the President, nor of other officers, because was exercising only lawful powers, although such opinion it is the trier of impeachments, then no individual memof the judge was a great mistake of the law. There the ber can express himself in debate in disapprobation of bad motive was not inferred from a most oppressive, ille- the conduct of the President, or any other officer. For gal assumption of undelegated power; it was required the objection that the body had disqualified itself as the that a sin against light and knowledge, or from bad mo- trier of an impeachment, by prejudging the conduct of tive, should be brought home to the accused. In voting an officer who might be impeached for that conduct,