paper currency; and there will be no more gold and silver in circulation than enough for exchanges below the lowest denomination of bank bills that pass in exchange. Such, then, is our situation, amid circumstances which, as I said, we cannot control, and which must control us, whether we will or not; which make it a physical impossibility to establish a currency to consist of gold and silver; and which constrain us, whether we will or no, to submit to the necessity of a bank paper currency.

Then, can it be a question, whether a national bank be expedient' Is it expedient to have a national currency, though paper, yet equivalent to gold and silver? We have that, by means of a national bank, and cannot have it without. Is it expedient for the Government to have all the public moneys received and disbursed, wherever wanted to be disbursed, without risk and without expense? This the Government has, by means of a national bank, and cannot have without. Is it expedient for the people of this country to have a medium, in which they can make all their exchanges at the par value of that medium? This they can have by means of a national bank, and cannot have without. But above all, is it expedient for the people of this country to have a stable measure of value to all property, the same at all times, and in all places? This they can have by a national bank, and cannot have without. Now, that a national bank is recommended by all these three great national advantages-to be had by one, and not to be had without one-has been proved by all our experience, both of a national bank, and of being without one,

[APRIL 24, 1834.

How would a court of law get on without the "stare decisis" of the lawyers? They could not get on at all. Without it, in every case, the very foundations of jurisprudence would be to be settled, and then would only be settled for that case. In the very next, if they ever should get to the next, the very same battles would have to be fought over again, with the same uncertainties as to the issue. No case would be settled by any precedent; no principle would be settled by any adjudication; no statute would be settled by any judicial interpretation.

Why the maxim of "stare decisis," so expedient, so necessary, as well as so admirable in the administration of the law, should be repudiated in the administration of our constitution, I never could understand.

But waiving this topic, too, I would say to gentlemen who, admitting the expediency of a national bank, yet doubt its constitutionality, among whom are great names, and of these not the least on this floor-(I say doubt, because, even they, I presume, admit the question to be doubtful, if they admit themselves to be fallible, as they differ in this opinion from names also great; indeed, it is impossible that a question should be without its difficulties and doubts, which has divided the opinions of great minds after mature deliberation)-I would say to these gentlemen, "Here, in one scale, you have the good, and well-being, and prosperity, of the country, to be had by means of a national bank, and not to be had without one; and, in the other scale, you have a constitutional scruple as to the use of a bank; but connected with that scruple, if indulged, and it govern, the ruin of the country, so far But a national bank is unconstitutional. This is not the as its being destitute of a sound and stable currency can time nor the occasion for a full discussion of that ques- work its ruin. Now, I ask you, which scale would you tion. I will content myself, therefore, with only saying, have to preponderate? I put it to you as patriots: Shall that, as by the constitution, Congress are to collect and it be the ruin of the country, for the sake of the triumph to appropriate all the public moneys, they must have an of this constitutional scruple? And that scruple, too, agent for keeping and disbursing those moneys; and that predicated upon a philological controversy, as to which I see in this necessity a full vindication of Congress in meaning of the several different meanings of the same creating a bank for this agency. And if this agency be word in the constitution, is the true constitutional meanincidental to the bank, as some hold, (though I cannot ing, namely, the word “necessary." see how it is more incidental than every other function of Necessity having in it degrees, as all admit, the disthe bank,) I cannot see how that makes any difference, if pute is, whether the constitution mean, or does not that mode of agency be imposed by the same law of ne-mean, the absolute degree, to the exclusion of "every cessity, as it obviously is. At least I cannot conceive of inferior degree of necessity. Now, would you have any other mode of constituting that agency by that agent. the great interests of the country, involved as they are But I waive that whole question; for I do not consider in a sound national currency, sacrificed to this verbal it an open question, unless it be so, indeed, from the dispute?

fact that nothing is to be considered as settled under this Moreover, would you have sacrificed to it the constituconstitution. tion itself, as to one of its great leading and acknowl

I admit, as I suppose all do, that the good of the coun-edged objects, for this would be a necessary consequence? try, or what the constitution denominates "the general For all undoubtedly acknowledge, that to establish a stawelfare," is to be pursued by constitutional means. But ble, national currency, was a great and leading object of who is to judge of and decide upon that constitutionality, the constitution, intended, if you please, to consist of and put the question at rest? Is it the Legislature? They the precious metals; still, a stable currency was the end have decided a bank to be constitutional. Is it the Judi- in view, and the precious metals but as means to that end. ciary, whose peculiar province it is to decide and settle Now, if it has become a physical impossibility, by a state all constitutional questions? They have decided a bank to of things since arisen, and not then foreseen, to establish a be constitutional. Is it the people? They, too, have de-national currency, to consist only of the precious metals, cided the question, by their acquiescence now, for nearly and it is possible to establish a national currency, equiva forty years out of forty-five, of our national existence, lent to that of the precious metals, by means of a national under the present constitution; and that acquiescence not bank, answering all the same purposes equally well, and tacit, but expressed by the voices of three-fourths of more conveniently; and, if you refuse to adopt those their Legislatures, and manifested by their own elections; means, do you not sacrifice the constitution itself as to not one of the representatives, to my knowledge, ever one of its most important objects, and your country with having lost his election for having voted for a national it, to a verbal controversy, whether this shade of meanbank. Or is there to be no final decision of the question, ing, in preference to that shade, is to be given to a given in any way, by any authority? word in the constitution?

Is every constitutional question to be held a matter of I remember that Demosthenes, on one occasion, warned eternal debate? Is the constitution never to have any his countrymen against undertaking a war, in which they steady and certain execution? Is it to be one thing to-day, might have all Greece combined against them, for what and another to-morrow? Are we, is our posterity, never he termed "a shadow in Delphos." Is it not equally to know what our constitution is, or is to be? Is there to imprudent in us to risk the experiment to the country be no plain sailing by the constitution? Is it to be at sea, of getting on without a national bank, and for as mere forever agitated, and vexed with one eternal tempest? a shadow?

APRIL 24, 1834.]

Rhode Island Memorials.-President's Protest.

"Ilium fuit et ingens
"Gloria Teucrorum."

[SENATE.

Suppose the venerable, but now departed sages, who corruption will have done her work, and American liberframed the constitution, were to descend from their saint- ties will, thereafter, be among the things that have passed ed abodes to counsel and advise us, with Washington away. Then, of those glorious liberties it may be said, at their head, and he should say to us: "We saw, and as was said when the victorious forces of Greece were had felt, that the great desideratum of this country was a consuming the glorious city of Troy, and in the pathetic stable currency, and this object we labored anxiously to tones of her deploring patriotprovide for. The means we prescribed to this end we thought necessary to this end, as being the only efficient means. But, if these means have become impracticable, The fearful and momentous struggle has already comand other means are practicable, and no less efficient,menced, and is now going on in the several States, bewhy should you abandon an object so vital to the coun- tween liberty on the one side, and despotism on the other; try, when the thing intended may be effected, though and God only knows what the issue will be. Should libnot in the way intended? You supplied to the country erty be doomed to fall in the struggle, (which God forthis great desideratum by means of a bank. Why de- bid!) it will be her last struggle—at least the last of her prive yourselves of this resource, and thereby destroy bloodless struggles-for the people will then (seeing and your country? We see no wisdom in this." Who among feeling the tyranny) have been not the deluded, but the us would rise and venture to reply in opposition to this conscious, the willing, and the active instruments of their address, and in disapprobation of this counsel?

So much for the first question arising on these memorials. These memorialists also denounce the act of the Executive, which, by its consequences, has involved the country in so much ruin and distress, as an act of lawless power; as an act in direct violation of the constitution. And is it not so? Suppose now, it had not taken place; suppose it had not been thought of-and this question bad been put to any gentleman on this floor: "Has the Executive of this country a right to make himself trustee of all the public moneys?" I think he would have smiled at the simplicity of the inquiry, but would have said to the simpleton, if he answered him at all, Certainly not. By the constitution, you see that Congress is to collect and appropriate all the public moneys. Congress, therefore, must be the trustee of those moneys."

Now, I ask, has not the Executive of this country made himself that trustee? Has he not claimed the right to control the keeper of those moneys, as to those moneys? And has he not so controlled him? If he control the keep er as to the trust-fund, does he not control the trust-fund? I do not see how he could make himself more the trustee, if he had taken the key of the Treasury from the keeper to keep it himself in his own pocket.

own servitude. But then, and after that, what will follow? Certainly not the calm of despotism. Civil commotions must follow, blood must flow, and the fortunes of civil war will dispose of the fortunes of this country. But how, He only knows in whose almighty hands are the destinies of nations.

Mr. ROBBINS having concluded—

Mr. FORSYTH inquired what was the date of the memorials, and whether they had been got up prior to or since the elections in Rhode Island. He also wished to know how these elections had terminated.

Mr. ROBBINS replied, that he had received the memorials ten days ago, and prior to the Rhode Island elections; and that the elections had terminated in a victory in favor of the memorialists.

The memorials were then read, referred, and ordered to be printed.

PRESIDENT'S PROTEST.

The Senate then proceeded to the consideration of the special order, being the resolutions offered by Mr. POINDEXTER, as modified by Mr. CLAY.

The question being on the amendment proposed by Mr. BIBB

Mr. KANE rose and said: Mr. President, I am amongst It is astonishing to me that it should be denied, that the those who believe that this session has been already sufExecutive has thus made himself the trustee of the pub- ficiently extended; and that the time for action upon the lic moneys; yet this has been denied by many. It is necessary business of the country has arrived. My senyet more astonishing to me that the fact should be admit- timents upon the present subject will be therefore deted and yet be defended, as it is, by a still greater number. livered as briefly as possible. The proposition first made, This I consider as the symptom of danger to the liber-in haste and without due consideration, not to receive ties of the country, by far the most portentous of any in she communication of the President, has, in some measour alarming situation, or that has ever occurred in our ure, given way to more sagacious counsels; more sagahistory. Here now has been the assumption of a lawless cious, because formed upon more reflection. Gentlemen power by the Executive of this country-and what pow-in the opposition have trodden back their steps, and have er? That power, which rides over all others; that pow-consented to present their reasons upon record, in the er, which, like Aaron's rod, swallows up all the rest; that shape of the resolutions now before you. It will not surpower, which, when united to the physical force given prise me if our further progress should lead to further by the constitution to the Executive, becomes irresisti-recessions. I take no pleasure in retorting upon Senable. By that union, absolute despotism is at once con- tors who have charged retraction of opinions upon the summated. And then how assumed? By an act that, in President, because of his supplemental explanations, the its immediate operation, has brought distress and ruin fact that their propositions have been thrice altered, and upon the whole country. that down to this moment they have not agreed upon the

Yet what have we seen? We have seen the act de-course to be pursued. fended here in the councils of the nation; and by the The more generous, just, and manly ground to take, presses in all parts of the country. We have seen the is to allow every gentleman, in public or private life, to Executive sustained in the assumption of this arbitrary explain his own language in his own way, to avoid either and absolute power by a majority of the immediate rep-misapprehension or misrepresentation. I must say, howresentatives of the people in Congress. Now, what does ever, that the notes I took before the appearance of the this indicate? It indicates that, as to them, the noble President's explanation, will show that I had come to the spirit of freedom is extinct-that spirit, without which same conclusions. Great surprise was manifested upon all the forms of liberty, as they exist in models of con- the first presentation of the protest. One Senator after stitutions, are but idle things-but the lifeless body with- another rose in his place and declared it an extraordinary out the soul. And if that majority shall be sustained paper-most extraordinary indeed. This feeling of won(which is yet to be seen) by a majority of the people, it der grew stronger and stronger, until it was augmented will not only indicate, but demonstrate, that the spirit of to such a degree, as to impel one gentleman to pronounce liberty no longer animates and actuates the people. Then lit an impertinent interference with the affairs of the Sen

SENATE.]

President's Protest.

[APRIL 24, 1834.

ate. What produced this surprise? The paper had Notwithstanding, Mr. President, the matters of grave been but once hastily read by the Secretary, had not been import contained in the several resolutions submitted by examined, and its doctrines and arguments could not have the Senator from Mississippi, the first question presented been accurately understood by any one. Where, then, for decision will be upon the amendment offered by the is the reason for all this petrifying astonishment to be honorable Senator from Kentucky, [Mr. BIBB.] That found? Is the fact which gentlemen saw before their question is, Shall the paper be rejected? eyes, and about which there could be no mistake, that a Before we give an affirmative answer, it would be well human being had, perhaps for the first time in the history to consider that the President of the United States repreof our proceedings, ventured to remonstrate and defend sents an authority, under the constitution, conferred upon himself against the injustice which the Senate had done him by twelve millions of people-that they have lodged him, without constitutional warrant? If this be the first in his hands the Executive power of this Governmentincident of its kind, it is first only, because no necessary that it is the duty of the incumbent to guard that power occasion for such a procedure on the part of the Execu- from violation, that it may neither be diminished ror cartive was ever before furnished by the Senate. ried too far-that it is as much his right and his duty to Let us look back and see what the Senate was, and guard that power, as it is the right and duty of any other then compare it with what we now know it to be. For department of the Government to guard its rights and many years after the adoption of the Federal constitution, powers from violation. When questions of difference the Senate was composed of men of the greatest discretion, with regard to power arise between the co-ordinate of the profoundest wisdom, and of well-regulated, patriotic branches, of a nature not judicial, there is but one tribunal ambition. Impressed with a proper sense of their heavy to appeal to, and that tribunal is the people—the fountain responsibilities, they consulted the public good, the inter- and parent of all the powers of the Government. It is ests and wishes of their respective States, of the nation, the duty of the conflicting parties to present the matter of and nothing else. Satisfied with the reputations they had difference fairly, in a spirit of candor, that the points may already acquired, and that the stations they occupied had be clearly presented, and fully understood. Remember as much of dignity and consequence about them as sensi- that our duty requires us to conceal nothing from the ble men could desire, or as any which a free country great arbiter; that we have no right to treat him with concould or ought to furnish, they neither courted the ap- tempt.

plause of surrounding multitudes, nor desired to exchange The reasons, then, for rejecting this paper, or refusing the calm, dignified occupations of the Senate chamber, for to receive it, must be overwhelming, to justify us in taking the uncomfortable, turbulent, and tempestuous employ- the course proposed, lest we subject ourselves to the ments of Executive office. For some time they sat with charge of treating twelve millions of people, in the perclosed doors, confined themselves to revising the business son of their President, contemptuously, and their unsent from the House of Representatives, and to their ex-doubted power with scorn. ecutive and judicial duties, always careful to preserve the Will the Senate act courteously, or consult its self-rerights of the body from encroachment from any quarter, and studiously avoiding all interference with the just rights of other departments of the Government. To a course of conduct like this was the Senate indebted for its security from all disputes with the other branches of the Federal authority, and for the respect and affection which the American people bore towards it.

spect, to read this protest, dissect it, condemn it, answer it by speeches, and then solemnly vote not to receive it? Would it be honorable in private life for a gentleman to receive a communication from an individual, open it, read it, answer it, abuse it, and condemn it by oral declarations, and then refuse to receive it?

Let me now ask for the reasons which will govern the I fear, sir, from the developments of a few hours past, votes of those who will not consent to receive this paper. that Senators will not always continue such a course. Al- Is its language disrespectful, is it indecent, is it insultready have we heard more hard things said in this cham-ing in its terms or its import? None of these things are ber, than was ever heard in any public deliberative as- pretended. Had the President no right to send it? If sembly under the sun. It has become the battle-ground, it be his duty to defend the powers of the Executive deupon which we daily witness the severest political strug-partment of the Government, his right is unquestionable. gles, in which are exhibited not unfrequently violent de- if he believed that the resolution of the Senate, in violanunciations of men unconnected with this Government by tion of the constitution, invaded the "Executive power," any official station; of State functionaries, of State laws, there was no course left him to pursue, than to protest and the policy of the States. Sometimes, too, sir, our against it.

time is occupied in hearing from Senators complaints of He could not counteract the resolutions in any other their own constituents. This session, so far, has been way. If he submitted in silence, he would have acquisignalized beyond all others for the heat and violence of esced in what he believed an unauthorized interference debate. Time was, when Senators wished to witness a with the rights of a branch of the Government confided political gladiatorial conflict, they went to the other House to him by the constitution, and he would have been justof Congress, where a younger, a more enthusiastic, and a ly condemned by the people for his acquiescence. He fiercer spirit prevailed. Now, sir, we see, day by day, would have surrendered the Executive office to a succesmembers of the House crowding in to witness our spas- sor, impaired, so far as his silence against his duty could modic exhibitions. Is it wonderful, Mr. President, in the accomplish such an end. He had precedent for his course exciting circumstances of party conflict, that even the in the recorded proceedings of the Senate. How often spirit of Senators should sometimes effervesce so violently have the State Legislatures sent protests here against the as to overflow the just measure of their authority, and acts of the Congress of the United States, containing poslead the Senate to the adoption of measures trenching itive charges of violations of the Federal constitution on upon the constitutional rights of others? I believe most the part of Congress? Who ever made a motion not to sincerely, that we have proceeded against the Executive receive a protest of this kind? And pray, sir, will gendepartment of the Government, and against the President tlemen tell me why a co-ordinate branch of this Governof the United States, in such a mode as to impair the just ment cannot protest against a resolution of this body, and constitutional powers of the one and the personal and po- why, at the same time, he will allow a State Legislature litical rights of the other-that it was the duty of the to send a protest against the deliberate Legislative deterPresident, in defence of the rights and powers of the Ex-minations of Congress. ecutive department, and his privilege as an officer and a freeman, to send us the protest.

Whatever objections have been made to the right of the President to send the paper, no one has denied the

APRIL 24, 1834.]

President's Protest.

[SENATE.

right of the Senate to receive it, and spread it upon the larly-established law of the land. Here, then, was truly Journal; for however much we complain of the want of an act of usurpation. One House of Congress, by resolupower in others, we seldom deny to ourselves the authori- tion, amending a law of the United States.

ty to do any thing. I place the right of the Senate to Having thus made a law to suit themselves, gentlemen comply with the President's request to cause the protest declare that the President has violated it, and the constito be spread upon the Journals, upon its unquestioned tution also, because of the part he has taken to accomand unquestionable power over its own Journal. The plish the removal of the public funds. Now, sir, it is easy President has no right to interfere with the Journal in any to make out a charge of usurpation upon another, if you way, and therefore he appeals, in the form of a request, to first usurp authority sufficient to lay the foundation of the your justice, to cause the protest to be placed side by side charge. It is literally a charge of usurpation founded with your resolution. upon usurpation. Having in this manner laid the requisite It has been urged that the doctrines of the protest are foundation, the Senate passed the resolution against which unsound, its objects and designs impure, and that it is a the President thinks it his right and duty to protest, and declaration of war against the Senate. If this be all true, defend himself. That resolution declares that the Presiit would seem to be good policy in us to make these un-dent, in the late Executive proceedings in relation to the sound doctrines and impurities of object and design as public revenue, had assumed upon himself authority and conspicuous and as durable as possible, that the world power not conferred by the constitution and laws, but in may know, and that posterity may justify, the defensive operations of the Senate.

ism.

derogation of both; and it is because he has sent us a defence against this declaration, in the mildest and most reSuppose, however, sir, that the judgment of the coun- spectful terms, that he is charged now with making war try, as to these doctrines, objects, and designs, should be upon this body. That the principles and arguments upon different; that the people should believe them sound and which his defence rests, are at war with the grounds asirreproachable, in what condition, then, will the Senate sumed in support of the resolution, there can be no doubt. be placed? Will not the world suppose the reasons of In this sense, and in this sense alone, does a war exist, and our refusal to receive and record this document to be, the declaration of it came unquestionably from the Senate. that we could not controvert the principles, answer the The Senate first charge him with a violation of the conarguments, and prove the charges, of impurity of mo- stitution, and all he has done has been to send us his vintive and design? Depend upon it, sir, that the people of dication. He has not only been accused and found guilty this country will not be pleased with efforts to degrade by this body of violating the constitution and laws, without the President, unless such efforts have for their solid an opportunity of defence, but the resolution itself implies foundation, truth, justice, reason, necessity, and patriot- design and criminal intentions. The fact of violation is averred in terms without qualification; and what is the One gentleman has declared the paper in question to legal inference to be drawn from the finding of the fact, be a declaration of war against the Senate. Mild in its the naked fact, without extenuation? Was it intended to terms, to be sure, as all declarations of war between mod- say that he did so innocently and ignorantly? If so, you ern powers are required to be, by the courtesy of nations.draw a distinction, unknown to our constitution and laws, Yet it is a declaration of war. I am totally at a loss to ac- between the highest officer in the Government, who is count for this opinion, unless, indeed, we take into view supposed to be well acquainted with the laws of the land, the statement so repeatedly made here, that the President and the lowest of our citizens. The rule universally aphad made war upon the bank. If that be true, if gentle- plied to crime is, that ignorance does not excuse it. If men have entered into the war as its allies, surely it is in- this were not so, few crimes would be punished. The glorious in them to complain that the auxiliary is treated Senator from Virginia [Mr. LEIGH] was understood to say in the same manner as the principal. If they have made that indictments for crimes always charged a criminal init a common cause, they must abide together the common tent; and from thence the inference was drawn, that the fortunes of the contest. resolution in question was not a charge of designed violaLet us, however, examine the facts in relation to this tion. Is this resolution of the nature of an indictment? charge, though I shall be compelled to repeat some things The Senate has no power to originate prosecutions of often repeated. I shall do it in so brief a manner, as not any kind. It is the jury which finds the fact, and the to be fatiguing. The sixteenth section of the bank law court which pronounces judgment. When a crime is confers, in terms, upon the Secretary of the Treasury, the proved to have been committed, the inference is necesright to remove the public moneys from the Bank of the sarily drawn that the intent was criminal, and the accused United States, requiring him to give his reasons therefor is thrown upon the necessity of proving facts inconsistent to Congress. The terms of the law conferring this power with the inference. If the speeches made by legislators are as general as the English language could make it; and in favor of the passage of laws, or of the adoption of resthe power given is without limitation as to time or condi-olutions, may be referred to as evidence of their meantion. Yet the Senate, being one branch only of the Le-ing, I need not remind the Senate that a most prolific gislature, have, in effect, interpolated this section of the source of proof is before us, to show that the violation bank law with an entire sentence, so as to limit the exer- charged was meant to be a wilful, arbitrary, tyrannical cise of this power of removal to two conditions, namely, one. when the deposites are unsafe, or when the bank fails to But, sir, will any man, after examining precedents, say, comply with the pos tive requirements of the charter, in that, had the House of Representatives sent us an imtransferring the public moneys whenever and wherever it peachment against the President in the very words of this may be required by the Government. I will not detain resolution, so far as the point before us is involved, that you by repeating the unanswered reasons repeatedly given, the Senate would have refused to arraign, try, and conto show that it is impossible Congress could ever have demn the accused, for the want either of jurisdiction or consented to part with the public funds upon such grounds. of an expressed charge of criminal intent? No, sir, the If Congress intended to confine the action of the Secretary language which all Senators would use, would be, that to these two contingencies, would it not have done so? the intent was implied, and that the accused must clear That body was composed of men who could read and himself from its effects by proof. I shall have occasion write and express their will. Yet we find a general power hereafter to advert to a precedent to show what has been given, instead of this limited, restrained power. in this respect pursued in impeachments. After this view

The fixing this limitation by the Senate required a vir- of this part of the subject, it will be perceived, that if the tual interpolation, by one branch of Congress, of a regu-Senate has not convicted the President of a criminal vio

SENATE.]

President's Protest.

[APRIL 24, 1834.

lation of his duty, with pursuing the regular constitutional did not report upon it at all. Already have five months course, the members voting for the resolution have, at of the session elapsed, and not a word about the legislaleast, forever disqualified themselves from being his triers tive action has been heard, except the mere assertion reupon a regular prosecution for this alleged violation of ferred to, in contradiction to the President's allegation. duty, by forming and expressing an opinion of his guilt. Sluggish legislators indeed! One prediction I will venAnd whether the one or the other of these things has ture upon, that, if the Senate continues its session five been done, the constitution has been equally and fla- months longer, we shall not see a legislative proposition grantly violated. brought forward in this body, to carry into effect any obGentlemen object to receiving this protest, because ject whatever connected with this resolution. And for they say it is an appeal to the people. If by this is meant the most decisive of all reasons, viz. in its very nature it that the President is desirous to submit, in a spirit of can- cannot be the subject of legislation. If it can, I should dor and decency, to the people of the United States, be glad to be informed how. The protest, therefore, is whose servant he is, an account of his stewardship in this no interference with any business pending before the matter of the bank, and to justify himself before those Senate. who have a right to call him to an account for his conduct Another objection is made to receiving this paper, for in relation to it, the charge is true. He is neither afraid the reason that it contains the proceedings and resolutions nor ashamed to acknowledge that all his powers are de- of the Legislatures of three of the States of this Union, rived from the people, and that he is accountable to them. approving, in the most unequivocal terms, the course of If he has consulted their substantial and durable pros- the Executive, which has been here the subject of conperity, by interposing his character, and the constitution demnation. It also states the fact, truly, that four Senof his country, soundly construed, between the power of ators from these States voted for the resolution, and that gold and the pending destruction of the liberties of his had their votes been cast against it, it would not have constituents, it is his duty to maintain himself, by the ex-been adopted. But the President, in thus referring to hibition of the truths and reasons by which he has been these resolutions and instructions, expressly disclaims and governed. It will be for the people to decide now, and repudiates all authority or design to interfere with the reafter he shall have left his station, upon the wisdom of sponsibility due from members of the Senate to their own his actions and the virtue of his motives. consciences, their constituents, and their country. Yet Whatever politicians may say, Washington, the Father gentlemen charge him, notwithstanding this emphatic of his country, was not ashamed to appeal to the people disclaimer, with the very design he repudiates. Where a for their judgment upon his official conduct. I state upon pure and justifiable motive can be assigned for any parthe authority of Mr. Jefferson, contained in the fourth ticular transaction, it is the part and course of innocence volume of his works, that, in 1793, when the country was and justice to assign it, rather than a corrupt one. convulsed upon the subject of Mr. Genet's conduct, who This is more especially necessary to avoid the suspicion was the minister of France near the Government of the that we reason from our own infirmities to those of others. United States, when party violence ran high, and when Is it at all strange that the Executive, attacked in all the his cabinet were divided as to the proper course to be various ways which an ingenious and talented opposition pursued with regard to him, and other questions of a polit- could devise, and who had been condemned, too, by a ical nature, in a discussion which took place in his cabi- vote of a co-ordinate branch of the Government, should, net, Washington "manifestly inclined to the appeal to in the progress of a defence against his accusers and their the people." His own character and motives had been accusations, avail himself of all the respectable authorities impeached, and, during the same discussion, the Father within his reach, to sustain the soundness of his princiof his country complained of "the personal abuse which ples, and the correctness of his conduct? And what auhad been bestowed upon him," and he “defied any man thority, in this country, is more to be relied on, in the on earth, to produce one single act of his, since he had construction of the constitution, than that of the States been in the Government, which was not done on the of the Union, who alone have the power to alter and purest motives; that he had never repented but once, amend it? The President says that the facts belong to the having slipped the moment of resigning his office, the history of the proceedings, and are important to the and that was every moment since;" that "he had rather just development of the principles and interests involved be in his grave than in his present situation; that he had in them, as well as to the proper vindication of the Exec. rather be on his farm than be made emperor of the utive department. No other motive could have existed world;""and yet, that they were charging him with than the one stated. All the facts were known to the wanting to be a king." What a striking parallel is here world; had been avowed by the Senators concerned, on observed between the personal abuse heaped upon President Washington and General Jackson. Yet they both agree upon the propriety of appealing to the people, as the just and appropriate judges of their conduct and motives.

this floor, and they justified their continued disobedience to the instructions of their several Legislatures. The object of the President was, to present to the country his defence in a connected form, and in a mode, too, which would perpetuate it through all time to come.

The President says in his protest, with regard to the Mr. President, it has been anticipated by one gentlecondemnatory resolution, "It asserts no legislative power; man, that a proposition is to come from some quarter, to proposes no legislative action." To my infinite surprise, so alter the constitution as to give the several States the one or two Senators have declared that legislative action power to recall their Senators. Upon that subject, I was intended. The discussion upon the resolution was have this to say: that whenever I am convinced that, by carried on here for about four months. It was repeatedly the election of Senators, the States part, irrevocably, for asserted, by friends of the administration, as an argu- the term of six years, with the right of being truly reprement against the continuance of the discussion, and the sented on this floor, I shall advocate such an amendment adoption of the resolution, that it proposed no legislative of the constitution as will correct so fatal an evil. If there action: this was never denied; nor did any one Senator, is any branch of this Government which represents, more within my hearing, intimate, during the whole period, exclusively than any other, the sovereignty of the States, that any legislation was to grow out of its adoption. This that branch is the Senate of the United States. And whenresolution was referred to the Committee on Finance, an ever I discover that the sovereign power in a State canappropriate committee to report the plan of action. Yet not instruct their representatives here, or, when instructthe committee reported no legislative proposition; ined, that there is no corresponding duty of obedience on truth, sir, they disregarded this resolution altogether, and the part of the representatives, I shall use my humble