APRIL 21, 1834.] President's Protest. [SENATE. an impeachment, until articles be preferred by the House. ing it to the Legislative department of the Government, But in no respect is it deprived of its natural and inhe- to which it is granted in express terms, they assert it to 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 was published in his official gazette, giving more especi- he now feels, or professes to feel so deeply, when it 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 seem, 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 heardent, 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, And where, I ask, is his warrant? Senators here con- and condemned unheard; and if all the moral consequentend for a strict construction of all the powers granted by ces of an actual conviction were to follow, it were only the constitution to this Federal Government, and yet con- teaching him to feel what he has made a thousand others tend, also, for a liberal construction of the powers of the feel as keenly; it were, indeed, a simple act of retribuExecutive; and that he should have, by implication, with- tive justice. But, in truth, the complaint is without a out a grant in the constitution, all the powers necessary shadow of foundation. The Senate has not tried, nor to carry into effect his expressly granted powers. Deny-convicted him; and, in our proceedings and judgment Vor X-89 on this constitutional question of power and privilege, he has been heard whenever he chose to communicate with, or would deign to answer us. [APRIL 21, 1834. was it not at once disclosed to the nation, that public vengeance might have fallen, with all its weight, upon the head of him who dared the deed? But, sir, I do not beSome of the closing paragraphs of this protest are of lieve it. I do not believe that the bank, or any individual a character so singular, that I cannot refrain, though it on behalf of the bank, ever offered to bribe the Presiis stepping out of the way of sober argument, to notice dent, or that it would have purchased, if he had offered them. He says, "The resolution of the Senate con- himself for sale. But enough of this. I turn from it tains an imputation upon my private as well as upon with feelings which I cannot, and which, perhaps, I ought my public character." Does this assertion merit an an- not, to attempt to express. In enumerating the personal swer? What does he complain of? The resolution of motives which should have induced him to desist from the the Senate pronounces certain acts, which he admits he attack upon the bank, and in attempting to show that has done, to be in violation of the constitution: it is a none but the most patriotic moved him onward, he wholquestion arising from a construction of that instrument, ly omits to notice one-revenge, that darling passion, whether it be so; and that construction involves, it seems, "Sweet to the soul, as honey to the taste" an imputation on his private character. And he adds, which the nation believes did, more than all other consid"I have lived in vain, if it be necessary to enter into a erations, actuate and impel him. formal vindication of my character and purposes from I will now trouble the Senate for a few moments, with such an imputation. In vain do I bear upon my person a subject in which I may be allowed to feel some individenduring memorials of that contest in which American ual interest. It is that part of the protest which the liberty was achieved." Now, if this be true-and it is President has presented us as a matter of history," with to me, as well as to the rest of this body, a new matter of a copy of certain resolutions passed by the legislature of history-if it be true that, boy or lad, he got hurt any the State of Ohio, instructing me-for my colleague where, or any how, at any time, or by any accident, needed no instruction, to sustain the Executive in his act during the revolutionary war, what effect ought it to of the removal of the deposites. have, or should it have had, if urged in time, in the I was aware of the existence of those resolutions before grave judgment of the Senate, upon their construction the President saw proper to recite them. My colleague of the constitution? The Senate say to the President, laid them upon your table in the early part of the sesYou had no right to seize the public purse; the constitu- sion, that they might be a subject of easy reference, and tion intrusts its custody to Congress; pray restore it. that we might have the line of duty which they marked Hear the reply: You are mistaken in your construction out for us constantly before our eyes. As I, and certain of the constitution; I got hurt when I was a boy, in the other friends near me similarly situated, did not conform time of the Revolution, and I have the scar on me yet. exactly to these and similar mandates, we were singled This argument, if it be worth any thing, must be de-out as a mark at which some of the light-armed troops cisive of the question; for no man can answer it. If it be should aim their missiles. There was occasionally a handnot, the next in its order is: I commanded an army, and grenade cast from the other side of the House amongst won a battle, in the late war. These, sir, are in sub- us, and some arrows were discharged from a Parthian stance a part of the arguments by which the constitution bow, which were intended to quiver in our sides. But I, of our country is, it seems, to be settled between the sir, did not think fit to put myself upon my defence, or great departments of our Government! even to regard or notice the attacks. I looked upon this as a matter between my constituents, the people of my But, in proceeding to prove the purity of his conduct State, and myself; and I did not think it in good taste, if and his motives, the President says, in this his protest: it could be avoided, to bring up in discussion here, any "If I had been ambitious, I should have sought an alli-matter of division, or difficulty, or misunderstanding there. ance with that powerful institution which even now as. But the President of the United States has seen fit to copy pires to no divided empire." He seek an alliance with into the paper which he calls his protest, and send to us that institution, to gratify his ambition! Why, sir, one of here, and send abroad to the nation, these resolutions, his first acts was, through one of his humble instruments, which, he says, "deliberately approve those very measto command the obedience of that institution, and attempt ures" which I, by my vote, have condemned. to compel it to submission; and another agent has since personally assailed by the Chief Magistrate of the nation, boasted that he would bring it, as a reptile, to the feet of it is a duty which I owe to myself and to the people of the the Executive. Does this look like seeking power through State which I represent, that I should give my views puban alliance with that institution, or like riding over and licly on this floor upon this subject. ""Tis true 'tis pity; pity 'tis 'tis true." Thus crushing it? But, if the kind of alliance that he means, The Senate represents the States in the Congress of the is that which would make the bank subservient to the Union. The Senators are chosen by the legislatures, or Executive, submissive to his will, and an instrument in appointed by the Governors in the recess; but it is the State his hands, then he did, in fact, seek that alliance; but the which each, however selected, represents, and not the bank refused to come into the compact. Hence this legislature or the Governor, who was the mere instruwar—“war to the knife”—against it. But he adds-and ment used by the people and the constitution for his sethis is the most extraordinary of all-"If I had been ve-lection. Then, as he is the representative of the State, nal, I should have sold myself to its designs." Is this in order to determine to whom he is responsible for the possible? Is it the President of the United States that due performance of his duty, as representative to constitspeaks this language, who makes a merit of having for-uent, we must next determine what is the State. Is it borne to sell himself for money? the legislature? No; they are but servants of the people, Why, there is not one honorable man in a thousand that and exercise, in their behalf, but a delegated power. It would submit to the statement of the proposition, as to is the people themselves, bound together by the constituhimself, hypothetically, with the if, without feeling and tion, which is their social compact, and exercising their repelling it as a deep and degrading insult. But the powers through their appropriate agents, under that con. President of the United States is not ashamed to couple stitution and compact. The legislature of the State are his name and his station with such a proposition, and the trustees or servants of the people, for certain objects doubtless claims merit, (for why else should he name it?) specified in that constitution. The Senators here in Conthat he has not yielded to bribery. One fact I would like gress are their trustees or servants, for certain other purwell to know: Did the bank, or any man in behalf of the poses, likewise specified in the constitution. Each has its bank, directly or indirectly, offer him a bribe? If so, why own appropriate functions to perform; and it is not dele APRIL 21, 1834.] President's Protest. [SENATE. gated to the one to control or direct the other. I do not ture; strong party men, but honest men-who would stand, therefore, to the legislature of my State in the relation of representative to constituent. I stand in that relation only to the sovereign power-the people; and to them only am I bound to yield that obedience which the representative owes to the combined and enlightened will of his constituents. never have made themselves instruments in the transaction, had time been allowed them to ascertain its true purpose, and had they been aware of the juggling which was practised upon them and upon the country. And shall I receive this, and obey it as the will of the people of my State? No: if such be its origin, I spurn it with inIt is argued by some, that, because the people of a State dignation; coming from a source like that, it were a libel cannot practically assemble and instruct their Senators, upon the people; it were a foul insult to intrude it on me therefore the legislature must have the power to instruct as their will. Why not send the instructions from the them. Singular logic, this! It supposes that public func-lower story of the palace direct, instead of giving them tionaries, charged with a high and sacred trust, and bound this unnecessary circuit? I would as soon receive them by the most solemn oath to discharge that trust faithfully, fresh from the limbeck in which they were originally conmust, not only in theory, but in practice, obey somebody; cocted, as now, after they have performed their seasoning that they must have some master, who shall stand by and voyage; for that has purified them of none of the poisoncommand them; and, if you prove that those who in- ous drugs with which they were medicated. And what trusted them with the power do not stand by and direct right has the President, or what right has any man, to them, that somebody else must. In the present day all thrust himself between me and the people whom I repremust be in leading strings. But the assumption is not sent, and interfere with my legislative duties and my of true in point of fact. The will of the people of a State ficial responsibilities? Sir, I will not acknowledge those can, to all reasonable certainty, be ascertained by a Sena- resolutions as of any binding force whatever, or as any tor in Congress, on all great and momentous questions. evidence of the will of the people of Ohio. I believe it On questions of very great importance, they may assem- is not their will. I believe that a very large majority of ble in their primary character and instruct him. I believe the people are not only opposed to the act which those that I now know the will of a majority, and of a very resolutions direct me to sustain, but that they would large majority, of the people of my own State, and, rather trust to my judgment, on that or any other great knowing, I obey it. I may, it is true, be mistaken; if I national question to be settled here, than to the inspiraam, the responsibility rests on myself, and I am willing to tion (for judgment it could not be called, as they bad take it and bide the issue. neither time nor facts out of which to form a judgment) I have thus far considered the doctrine of absolute right of that majority of the legislature which gave those inin the legislature to command, and the absolute duty of structions. The sober judgment and the intelligence of obedience in the Senator. But there is another point of that legislature were opposed to those resolutions. I hold view in which this subject requires to be considered, in in my had, as an evidence of this fact, the protest of fiforder to avoid all misapprehension arising from the gen- teen of the thirty-six Senators, all able, intelligent men, eral opinions already expressed. I admit that the State and among them the late chief justice of the State, in legislatures have a right, and, in cases of great national which they give their reasons calmly, but strongly, against importance, it is their duty, to express their opinions, in the measure; all of which reasons I had the gratification the way of resolutions of request, or instructions, if you to find in accordance with the views which I, about the please, (for I will not quarrel with the forms which usage same time, urged in my place on this floor. has given us,) to their Senators and Representatives in So much for this historical fact with which the PresiCongress. It is their right to do it, as a select and en-dent has favored us. I have, in the execution of a high lightened portion of the people. As such, they may in- and solemn trust confided in me by the people, and under form the judgment, strengthen the hands, and lighten the the solemn obligation of an oath, felt bound to obey the responsibility of the representative. Their opinion is en- dictates of my own judgment and conscience, and to distitled to respect, as the opinion of an intelligent portion obey, and for the causes above stated, to wholly disregard of the people, and as evidence of the public will. But these instructions. I did so when they were forwarded that opinion may be rendered valueless, and that evidence to me by the legislature. I shall do so still, now they are may be weakened or destroyed by attendant circum-revived and re-produced by the Executive. I will neither lend my aid to destroy the constitution and the liberties Such was the case here. These resolutions were the of my country, nor will I abandon my post that another result of party discipline and party organization, not of may supply my place who might join in that work of evidence, argument, deliberation, and calm judgment. destruction; and, for a judgment upon my acts, I appealThe vote upon them was strictly a party vote, and they not to Cæsar-but from Cæsar to the people of Ohio. did not pass through the usual forms of legislation. I But the reasons of the President for sending us this have a letter on my desk, informing me that those reso- paper, opens a new mine of executive power, hitherto lutions were introduced into the Senate of the State, and unexplored. It is his oath of office which justifies and passed through it in less than three hours, and almost requires of him this new and most extraordinary measure; without discussion. They were introduced and passed he has solemnly sworn that he "will faithfully execute when but one side of the question had been heard, after the office of President of the United States, and will, to the receipt of the reasons of the Secretary of the Treas the best of his abilities, preserve, protect, and defend, ury, which I took care to send them, and before the re- the constitution of the United States." So the Senate port of the committee of the bank, which I sent also, had has violated and assailed the constitution, and he is bound reached them; and, on the next morning, a member of by his oath to interfere and defend it. Perhaps his interthe Senate who had voted with the majority, moved a re-ference may, in the first instance, prove ineffectual. This consideration, and declared, with just indignation, on the body may not yield, at once, to his remonstrance, and floor of the Senate, that those resolutions had come ready restore the constitution and conform their acts to what, in furnished to hand from Washington, and he spurned at his opinion, it legitimately warrants. What then? Having the idea of making himself the instrument of their adop- once interfered, under his oath, to protect and defend the tion. And I have no doubt of the fact. I believe that constitution, will he not make that interference effectual, they were manufactured by the kitchen cabinet here, and and protect and defend it at all hazards, and by all the forwarded through their branch at Columbus; and were, means which are in his power? In speaking of the acts of through the craft of the managers there, imposed upon the Senate, in this very paper, he says: "If the Senate many honest and unsuspecting members of that legisla-have a right to interfere with the executive powers, they stances. SENATE.] President's Protest. [APRIL 21, 1834. How have also the right to make that interference effective;" their hopes would rest on executive patronage, and proand it is not at all to be presumed that he rates his own motion from the Executive hand. He knew the consepowers and his own rights, in point of efficiency, lower quence of the exercise of this power; and, knowing, has than the powers and rights of this body; and that he will used it to an extent exceeding all that was ever heard or claim less for himself, when he has interfered, than he is thought of by other Presidents, or in other times. willing to concede to them, in case they may interfere. many, Mr. President-was it five or was it six-that were Sir, this quarrel is sought without any just cause what-appointed in a single year, from this Senate, to high execever. All Executive power, and all his individual popu-utive offices? What numbers from the other House to larity, are to be arrayed and armed against the Senate, offices of all descriptions, high and low? It seemed to which he regards as all that now stands firmly, and that be thought glory enough to serve the President in any has the power to stand, between him and absolute uncon- station. He became, at once, every thing-the country trolled dominion. and the people nothing. As the constitution is not amendAnd the Senate does possess the power, if not to place ed, and that means of saving our legislators from corrupthe constitution upon its ancient pillars, at least to prevent tion, and our country from "tyranny," cannot now avail its utter prostration, and total and final ruin. And first us, we, who would preserve the purity of our institutions, among the defensive weapons with which we are armed, and avert that tyranny, must resort to the only other is the power to check the abuse of executive patronage means now in our power. And I trust we will resort to which has entered into our halls of legislation, and ex-it, and adhere to it with stern inflexibility, and that, if tended itself into every section of our country, and into the President will nominate, the Senate will not confirm, all the haunts of business and of life. It has gone forth any member of Congress to any executive office whatcorrupting and to corrupt. General Jackson, when a ever. I, for one, will not advise and consent to any such candidate for the high station which he now fills, saw and appointment. Another evil is worthy to be noticed and exposed the danger to which our institutions are subject- arrested, while it may. General Jackson early foresaw, ed, by this unrestrained exercise of the power of appoint- or apprehended, that Executive patronage would be ment. I read from his letter of resignation to the legisla- made to bear upon the elective franchise;" and that ture of Tennessee, presented the 14th of October, 1825. evil has now come upon the country in full and unmitiIn speaking of a proposed amendment to the constitution gated virulence. Armies of office-holders, whose names of the United States, which should render members of fill a volume, swarm in our cities, and are stationed in Congress ineligible to any executive appointment, he every town and village in our country. They compose the nucleus around which the political party which sup says: "The effect of such a constitutional provision is ob-ports the present dominant power, gather, and form, and vious. By it, Congress, in a considerable degree, would rally. Others traverse the country, collect and convey be free from that connexion with the Executive depart-intelligence, and arrange and marshal the hosts, and prement, which at present gives strong ground of jealousy pare them for action. No man can, at this day, obtain and apprehension on the part of the people. Members, an executive appointment, unless he have earned it as a instead of being liable to be withdrawn from legislating political partisan, or some friend has so earned it for him. on the great interests of the nation, through prospects of No man can retain an office unless he continues to do executive patronage, would be more liberally confided in battle in obedience to the mandates of his leader. Such by their constituents, while their vigilance would be less is the present state of things. But the Senate may check, interrupted by party feelings and party excitements. if it cannot entirely correct, this evil also. And I, for Calculations from intrigue or management would fail. one, will do all that in me lies to correct it. I will advise Nor would their deliberations or their investigation of and consent to the appointment of no man to any office, subjects consume so much time. The morals of the who has earned that appointment in the arena as a policountry would be improved; and virtue, uniting with the tical gladiator. And I will advise and consent to the relabors of the representatives and the official ministers of appointment of no man to any responsible office, who, the law, would tend to perpetuate the honor and glory of while he held that office, abused it to the mere purposes the Government. of party, instead of using it for the benefit of his country. "But if this change in the constitution be not obtain-When I can have proof of either of these things, clear ed, and important appointments continue to devolve and unquestionable, my course, for one, will be decisive on representatives in Congress, it requires no depth of and unvarying. We have too long heard as the ground, thought to be convinced that corruption will become the and the only successful ground, of recommendation to order of the day; and that, under the garb of conscien office, that the applicant was devoted to the interests of tious sacrifices to the public good, evils of serious impor- one man rather than the interests of his country; that he tance to the freedom and prosperity of the republic may had rendered, and he was capable of rendering, service arise. It is through this channel the people may expect to that man, or his party, rather than to his country. At to be attacked in their constitutional sovereignty, and the same time, I would inquire into no man's political where tyranny may be expected to spring up in some fa- opinions or personal preferences; it is a gross abuse that vorable emergency. Against such inroads, every guard such inquiries have ever been made in appointments to ought to be interposed, and none better occurs than that office. I will be disposed to do all that is possible to of closing the suspected avenue with some necessary con- correct that abuse; and it can only be done by disappointstitutional restriction. We know that human nature is ing the hopes of him who expects to rise by making a prone to evil. We are early taught to pray that we may trade of politics. The Senate have always possessed not be led into temptation; and hence the opinion, that, these powers, but it has not always been necessary to by a constitutional provision, all avenues to temptation, on exercise them. It is only in the last resort-'tis when the part of our political servants, should be closed." the ship drifts before wind and tide that the sheet anchor Good sound doctrine this, and truth, solemn truth, as is cast out to fix and save her. And it is a struggle now his subsequent conduct and the present state of our for the very existence of the constitution which is struck country verify. He saw the danger. He saw the cer- at in its last stronghold. The protest of the President, tainty that corruption would become the order of the day, which is before you, is his arrière ban, the summons to if members of Congress were subject to the temptation his powers to come up and do battle against the Senate. of executive appointment. He knew that their eyes And it is a mighty power, and that power a unit-conwould be turned to the Executive, and not to the people trolled by one head, and animated by one spirit—that is who sent them, and whom they should serve; and that larrayed against, and now pressing upon us. With us APRIL 21, 1834.] President's Protest. [SENATE. there is division-different views, divided counsels-all Let it be remembered that the constitution gives the Presanxious to sustain the dignity and independence of the ident the command of the military. If you give him comSenate; but all cannot agree as to the true mode by plete power over the man with the strong box, he will which they are to be sustained. The honorable Senator have the liberty of America under his thumb. It is easy from Alabama [Mr. KING] is of opinion that true dignity to see the evil which may result. If he wants to establish rests in submission. In this he is entirely consistent. He an arbitrary authority, and finds the Secretary of Finance has always, I believe, advised and pursued the same course not inclined to second his endeavors, he has nothing more in every contest between the Executive and the Senate. to do than to remove him, and get one appointed of prinAnother honorable Senator, for whom I have great re- ciples more congenial with his own. Then, says he, I spect, but whom we have not yet heard on this subject have got the army; let me have but the money, and I will, I have no doubt, as heretofore, be of opinion, that will establish my throne on the ruins of your visionary the President and the Senate are both a little wrong-republic. Let no gentleman say I am contemplating the Senate most so; and he will, on the whole, reckon it imaginary dangers-the mere chimeras of a heated brain." is the best for us to submit. Others, and I am one of Sir, whatever it might then seem, it was no chimera. them, think and feel, that, be the odds against us what How strictly, to the very letter, has his prediction been it may, we should stand for our constitutional rights, and verified! The powers which the constitution has placed defend and sustain them by all constitutional means. in the hands of the President, and those which, within The protest warns us, that, if we persist, the harmony five years, he has been able to seize into his grasp, either of the relations between the President and the Senate within or without the pale of the constitution, cannot fail will be destroyed, and that it will lead to serious altera- to excite the deepest alarm in the bosom of every friend tions in the frame-work of our constitution, or "the prac- of American liberty. He has the power of the swordtical abandonment of some of its provisions." And what, that the constitution gives him; the command of the army sir, do you suppose, are the provisions of the constitution, and the navy; but even there, to make himself more abin addition to those which he has disregarded and viola- solute, he has asserted and exercised doubtful and odious ted, which he now proposes practically to abandon, if the powers, if, indeed, he has not assumed unconstitutional Senate persist in thwarting his will? Dispense with the powers-the right of removing, by his own mere will, confirmation of the Senate to his appointments, by ap- any officer in the army or the navy, without a trial by pointing in the recess, and again and again so appointing, court martial, or against the judgment of such court; I as in the case of Gwynn? Suppose, then, as would prob- deny that the constitution has vested him with any such ably be the case, we so frame the appropriation bill, power, and its assumption is against the whole spirit and that nothing could by law be paid to an officer not con- genius of our institutions. Its tendency is obvious. It firmed by the Senate? He would practically abandon makes the President superior to the law, and the officer another of the provisions of the constitution; pay his who would hesitate to obey his illegal command, must do officers without regard to the appropriations, or make it at the hazard of his own removal, and having his stathem the depositories of so much of the public treasure tion filled by one who would be more supple and obedient. as will indemnify them for delay and difficulty in procu- He has also perverted the power of appointment to a ring their salaries. If this be not his purpose, why does mere instrument of influence and corruption. I charache assert that broad claim of control over the public terize it by the strong words which he has used in his letpurse, utterly unknown, and unheard of, down to the ter of resignation. By means of that power, unless we day of the promulgation of that protest. The bold doc-impose a salutary check upon it, he may operate on memtrine that "Congress cannot take out of the hands of the bers of this and the other House of Congress, by raising Executive department the custody of the public property their hopes, exciting their fears, and bringing them as or money, without an assumption of executive power, suppliants to his feet, or to the feet of the vilest minions and a subversion of the first principles of the constitution," who surround him, and who are supposed to influence the explanatory protest which he sent us this morning his secret councils. Abroad, throughout the various covers up and mystifies; but it does not retract this as-parts of the Union, he wields that power also, not for the sumption of power. The plain strong text does but benefit of the nation, of which he is the head, but for carry out to its results the lawless power which he had the purposes of party; for the purpose of sustaining and already exercised in seizing the public deposites, and perpetuating influence; and to that end the public treasholding them in his own custody. He now simply bids ures are lavished and consumed. defiance to Congress, and says, in effect, he has the public purse; he has a right to it, and he will keep it. The Secretary, in whose care it was placed, is now his Secretary, and we can put it in the custody of no agent who will not at once be his agent, by virtue of his trust. Such is the text of his protest; and the gloss which came in to-day does not, in my opinion, retract or explain, it only obscures it. He claims, too, a dispensing power over the laws; laws which have passed through all the solemnities of enactment, which have received the sanction of both Houses of Congress, and of the Executive, and even of the highest judicial tribunal of the country. He claims the right to refuse to execute them, on the ground that he considers them as against the constitution. He has also seized into his possession and claims the sole control over the pubAs the President has, in his protest, appealed to the lic treasure, and denies that Congress can make any law, debate in 1789, on the bill for organizing the Department within the pale of the constitution, which may rescue it of Foreign Affairs, I will, while the attention of the Sen- from his hands. And he claims that by virtue of his ate is turned to the subject, refer to the speech of a mem- oath of office, he may, and ought to enter the halls of ber from Georgia, [Mr. JACKSON,] who foretold, in an legislation, especially this chamber, and preserve, protect, admirable manner, some of the consequences which have and defend the constitution against the acts of this Senate. resulted from the unfortunate admission of the power of And what have we to oppose to his accumulated power, removal, first inserted in that law. The clause which I his inroads, and his aggressions? The constitution, which read is in the 4th Elliot's Debates, pages 169, 170. is our banner, stout hearts, firm and resolute minds, and Speaking of the evil consequences of placing the power an unwavering trust in God and our country. of removal in the hands of the President, he says: "But Sir, cast back your eyes for but eight short years over let me ask gentlemen, if it be possible to place these the history of our country, and you will see by what comofficers in such a situation as to deprive them of their bination of circumstances those powers have been gath independence and firmness? For, I apprehend, it is not ered, and concentrated in a single hand; it is an instructintended to stop with the Secretary of Foreign Affairs. live, but mournful retrospection. But what then was the |